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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I STATUTES STATE OF NEVADA, SIXTH SESSION OF THE LEGISLATURE, 1873. BEGUN ON MONDAY, THE SIXTH DAY OP JANUARY, AND ENDED ON THURSDAY, THE 8I5TH DAY OF MARCH. CARSON CITY: OHARLES A. V. PUTNAM, STATE PRINTER. 1873. GENERAL ARRANGEMENT OF VOLUME. PAGES. 1— NUMBERS OF CHAPTERS AND TITLES OF LAWS iv-xi 2— NUMBERS AND TITLES OF RESOLUTIONS AND MEMORIALS... xii-xiii 3— CONSTITUTION OF THE STATE OF NEVADA 3-36 4— STATE OFFICERS 39-40 5— SENATE OFFICERS 40 6— MEMBERS OF THE SENATE 41 7— ASSEMBLY OFFICERS 41 8— MEMBERS OF THE ASSEMBLY 42 9— LAWS OF THE SIXTH SESSION 45-222 10— ASSEMBLY RESOLUTIONS AND MEMORIALS 225-228 11-SENATE RESOLUTIONS AND MEMORIALS 228-240 UNREPORTS OF STATE TREASURER, 1871 AND 1872 241-378 13— GENERAL INDEX 379-424 CONTENTS. STATUTES OF THE STATE OF NEYADA, SIXTH SESSION, 1873. 1 2 S 4 5 6 7 8 9 10 11 An Act to create Legislative Funds — approved January 15, 1873 An Act to transfer certain moneys from the Indigent Sick and Contingent Funds of Esmeralda County to the Bedemption Fund of said county — ap- proved January 29, 1873 An Act to regulate and tax foreign insurance companies doing business in this State — approved January 31, 1873 An Act to amend an Act entitled "An Act to create the County of Elko, and )rovide for the organization thereof," approved March fifth, eighteen hun- Ired and sixty-nine — approved January 31, 1873 An Act to provide firemen for the furnaces of the Capitol building during the sessions of the Legislature — ^approved February 4, 1873 An Act concerning the determination of conflicting rights to mining claims in certain cases — ^approved February 10, 1873 An Act concerning ofi^cial bonds of Justices of the Peace and Constables — ap- proved February 10, 1873 : An Act authorizing the School Trustees of School District Number One of Ormsby County, to issue warrants to cover certain indebtedness for build- ing a school house in said district — approved February 11, 1873 An Act to amend an Act entitled "An Act to create the ojfice of State Printer, define the duties and compensation thereof, and provide for the time and manner of election,** approved January tenth, eighteen hundred and sixty- five — approved February 11, 1873 An Act for the relief of the widow of Matthew Pi xley— approved February 12, 1873 An Act to amend section twenty-nine of an Act entitled "An Act to provide revenue for the support of the government of the State of Nevada," as amended by section one of an Act approved March first, eighteen hundred and seventy-one — approved February 14, 1873 45 46 46 50 50 50 51 51 52 52 53 VI OONTENTS. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TITLE OF ACT. An Act to require Assessors to pay over to the County Treasurer, monthly, all poll taxes collected — approved February 14, 1873 An Act to consolidate and fund the indebtedness of Lincoln County — approved February 17, 1873 *. An Act to remove the county seat of Humboldt County — approved February 17, 1873 An Act to amend an Act entitled an Act to authorize the State Treasurer to employ a clerk, and fixine his compensation, approved March ninth, eigh- teen hundred and sixty-five, approved March first, eighteen hundred and sixty-six — approved February 17, 1873 An Act to amend an Act entitled an Act concerning District Attorneys, ap- proved March eleventh, eighteen hundred and sixt^-five, approved Feb- ruary twenty-sixth, eighteen hundred and sixty-six, approved March eleventh, eighteen hundred and sixty-seven — approved February 17, 1873.. An Act to amend an Act entitled "An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, approved March eleventh, eighteen hundred and sixty-seven, approved Marcn third, eighteen hundred and sixty-nine," ap- proved March fourth, eighteen hundred and seventy-one — approved Feb- ruary 20, 1873 An Act to amend an Act entitled "An Act defining the duties of the Attorney General of the State of Nevada," approved March eleventh, eighteen hu|^ dred and sixty-seven — approved February 20, 1873 An Act to amend an Act entitled "An Act to regulate proceedings in criminal cases in the Courts of justice in the Territory of Nevada," approved No- vember twenty-sixth, eighteen hundred and sixty-one — approved February 20, 1873 An Act concerning records now in the custody of County Recorders of this State— approved February 20, 1873 An Act to limit the compensation of County Auditors for extending the taxes on the assessment roll — approved February 20, 1873 An Act to abolish the use of State revenue stamps, and to provide for the set- tlement of outstanding stamps — approved February 21, 1873 An Act to amend an Act; entitled "An Act supplementary to an Act entitled *An Act to provide revenue for the support of the government of the State of Nevada,* " approved March ninth, eighteen hundred and sixty-five, and the Acts amendatory thereof, approved March sixth, eighteen hun- dred and sixty-nine-=-approved February 21, 1873 An Act to regulate the collection of taxes in disputed territory between counties — approved February 21, 1873 An Act providing for the government of the towns and cities of this State — ap- proved February 21, 1873 An Act to amend "An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto," approved March eighth, eighteen nundred and sixty-nine — approved Feb- ruary 21, 1873 An Act to protect the wages of labor — approved February 21, 1873 An Act entitled an Act to incorporate the Town of Gold Hill— approved Feb- ruary 21, 1873 ./ CD 54 54 59 59 60 61 62 62 63 63 64 65 66 66 75 76 77 C0NTEN1?S. TU p •5 TITLE OF ACT. 29 An Act to fund the hospital debt of Washoe County, and to provide for the payment of the same — approved February 24, 1873 30 An Act to provide for transferrins^ and replaciniif money of certain Funds of Washoe County — approved February 24, 1873 31 An Act to compel children to attend school — approved February 24, 1873 32 An Act to incorporate the Ancient Order of Hibernians — approved February 26, 1873 33 An Act to authorize the temporary use of moneys levied and collected for the Building Fund of Washoe County, for certain purposes — approved Feb- ruary 25, 1873 34 An Act to amend an Act entitled **An Act authorizing a State loan, and levy- ing a tax to provide means for the payment thereof,*' approved February twenty-seventh, eighteen hundred and seventy-one — approved February 25, 1873 35 An Act to amend an Act entitled **An Act to authorize a State loan for the purpose of paying the State proportion of the bonds issued under the Act approved February sixth, one thousand eight hundred and sixty-seven, and to fund the floating debt, and place the State upon a permanent cash basis,'* approved February twenty-seventh, eighteen hundred and seventy- one — approved February 25, 1873 36 An Act to define the time for levying and assessing taxes for State and county purposes — approved February 25, 1873 37 An Act to provide for obtaining correct statements of the financial condition of the several counties of this State, and other matters of statistical informa- tion — approved February 26, 1873 « 88 An Act relatiiig to the sureties on the ofilcial bond of Eben Bhoades, late State Treasurer of the State of Nevada 39 An Act to regulate marks and brands of ^ock — approved February 25, 1873... 40 An Act to amend an Act entitled **An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto,'* approved March eighth, eighteen hundred and sixty- nine— approved February 27, 1873 41 An Act to apportion the payment of the salary of the District Judge of the Fifth Judicial District, between Churchill and Nye counties — approved February 27, .1873 42 An Act to amend an Act entitled "An Act concerning wills," approved De- cember nineteenth, eighteen hundred and sixty-two — approvea February 27, 1873 43 An Act to amend an Act entitled "An Act to provide for the incorporation of religious, charitable, literary, scientific, and other associations," approved March second, one thousand eight hundred and sixty-seven — approved February 27, 1873 44 An Act for the relief of R. Webber and D. B. Collins — approved February 27, 1873 45 An Act for the government and maintenance of the State Orphans' Home — approved March 1, 1873 87 89 89 91 92 94 95 96 97 99 99 101 102 102 102 103 103 46 An Act to create the County of Eureka, and provide for its organization — approved March 1, 1873 I 107 TUl CONTENTS. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 An Act for the relief of John B. Helm, Sheriff of Esmeralda County — ap- proved March 1, 1873 110 An Act for the relief of Francis S. Armistead — approved March 1, 1873 110 An Act for the relief of the California Institution for the Education of the Deaf and Dumb, and the Blind— approved March 1, 1873 Ill An Act to create and fix the compensation of the office of President of the Board of Directors of the State Library— approved March 1, 1873 Ill An Act to authorize the payment of the claim of Alexander Leport, for wood furnished the State for the use of the sixth session of the X entitled. Section 1. Every white male citizen of the United States (not laboring under the disabilities named in this Constitution), of the age of twenty-one years and upwards, who shall have actually, and not constructively, resided in the State six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all ques- tions submitted to the electors at such election ; provided^ that no person who has been or may be convicted of treason or felony in any State or Territory of the United States, unless restored to civil rights; and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government; and STATS OF NEVADA. 7 BO idiot or insane person shall be entitled to the privilege of an elector. Sec. 2. For the purpose of voting, no person shall be deemed Residence, to have gained or lost a residence by reason of his presence or jSned or absence while employed in the service of the United States, lost. nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student of any semi- nary of learning; nor while kept at any almshouse or other asylum, at puhlic expense; nor while confined in any public prison. Sec. 3. The right of suffrage shall be enjoyed by all persons Right of otherwise entitled to the same, who may be in the military or beonjoyed naval service of the United States; provided, the votes so oast by persons shall be made to apply to the county and township of which Jeirie."^ said voters were bona fide residents at the time of their enlist- ment; andy provided further , that the payment of a poll tax or Proviso, a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regu- lating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not con- tained in this Constitution. * Seo. 4. During the day on which any general election shall Elector be held in this State, no qualified elector shall be arrested by ure^ed. virtue of any civil process. Sec. 5. All elections by the people shall be by ballot, and Elections. all elections by the Legislature, or by either branch thereof, shall be viva voce, Seo. 6. Provision shall be made by law for the registration Registra- of the names of the electors within the counties of which they electors may be residents, and for the ascertainment, by proper proofs, required, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regalate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed neces- sary, as a test of electoral qualification. Sec. 7. The Legislature shall provide by law for the payment Poll tax. of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the State, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one half to be applied for State, and one half for county, purposes; and the Legislature may, in its discretion, make such payment a condition to the right of voting. Sec. 8. AH persons qualified by law to vote for representa- Qualified tives to the General Assembly of the Territory of Nevada on ^®*®"* the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said Territory on the first Wednesday of September next fol- lowing, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution. ^ 8 CONSTITUTION OF THE ARTICLE III. DISTRIBUTION OF POWERS. Powers restricted. Section 1. The powers of the Government of the State of Nevada shall be divided into three separate departments — ^the Legislative, the Executive, and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. -RETICLE IV. LEGISLATIVE DEPARTMENT. How vested. Where held. • Sessions. Assembly- men, when chosen. Term of office. Senators, when chosen. Term of office. Senators and Assem- blymen to be qualified electors. Riffht to judge of q^ualifica- tion. Ma^ punish and expel. May punish for contempt, etc. Section 1. The Legislative authority of this State shall be vested in a Senate and Assembly, which shall be designated " The Legislature of the State of Nevada/* and the sessions of such Legislature shall be held at the seat of Government of the State. Sec. 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the . Legislature by proclamation. Sec 3. The members of the Assembly shall be chosen bien- nially, by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, and their term of office shall be two years from the day next after their election. Sec. 4. Senators shall be chosen at the same time and places as members of the Assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election. Sec. 5. Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of Senators shall not be less than one third nor more than one half of that of the members of the Assembly. Sec. 6. Bach House shall judge of the qualifications, elec- tions, and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings, and may punish its members for disorderly con- duct, and with the concurrence of two thirds of all the members elected, expel a member. Sec. 7. Either House, during the session, may punish, by imprisonment, any person not a member who shall have been guilty of disrespect to the House by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session. Sec 8. No Senator or member of Assembly shall, during the term for which he shall have been elected, nor for oiie year STATE OF NEVADA. 9 thereafter, be appointed to any civil office of profit under this Not State which shall have been created, or the emoluments of |Jj^jnt-*^ which shall have been increased during such term, except such ment to office as may be filled by elections by the people. ®*^*^ **^*^*' Sec. 9. No person holdintr any lucrative office under the Who not Government of the United States, or any other power, shall oS^^ *® be eligible to any civil office of profit under this State; .provided^ * that Postmasters whose compensation does not exceed five hun- dred dollars per annum, or Commissioners of Deeds, shall not be deemed as holding a lucrative office. Sec. 10. Any person who shall be convicted of the embezzle- When dii- ment or defalcation of the public funds of this State, or who <3i***^^^®'^- may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be dis- qualified from holding any office of profit or trust in this State; and the Legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzle- ment as a felony. Sec. 11. Members of the Legislature shall be privileged from Members arrest on civil process during the session of the Legislature, fro^JS^aweet and for fifteen days next before the commencement of each session. Sec. 12. When vacancies occur in either House, the Gov- Vacancies, ernor shall issue writs of election to fill such vacancy. howfiUed. Seo. 13. A majority of all the members elected to, each Quorum. House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may prescribe. 'Seo. 14. Each House shall keep a journal of its own pro- Journal ceedings, which shall be published, and the yeas and nays of '® ©^of*®** which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only; but, in such case, the Act as revised, or section as amended, shall be reenacted and published at length. Seo. 18. Every bill shall be read by sections on three several Bills, how days in each House, unless, in case of emergency, two thirds ^^^ of the House where such bill may be pending shall deem it expedient to dispense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed / / CONSTITUTION OF THE tvith, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays, to be entered on the How journals of each House; and a majority of all the members passed. elected to each House shall be necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed shall How be signed by the presiding officers of the respective Houses, signed. ^^^ y^^ ^.j^^ Secretary of the Senate and Clerk of the Assembly. Money, Sec. 19. No money shall be drawn from the Treasury but drawn!.*** in conSequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at every reg- ular session of the Legislature. Legislation Sec. 20. The Legislature shall not pass local or special laws resuicted. jjj ^jjy ^f ^yie following enumerated cases, that is to say: Eegulating the jurisdiction and duties of Justices of the Peace and of Constables; For the punishment of crimes and misdemeanors; Regulating the practice of Courts of justice; Providing for changing the venue in civil and criminal cases; Granting divorces; Changing the names of persons; Vacating roads, town plots, streets, alleys, and public squares; Summoning and impaneling Grand and petit Juries and pro- viding for their compensation ; Eegulating county and township business; Regulating the election of county and township officers; For the assessment and collection of taxes for State, county, and township purposes; Providing for opening and conducting elections of State, county, or township officers, and designating the places of voting; Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities. Laws to be Sec. 21. In all cases enumerated in the preceding section, general. ^^^ j^ j^[j Other cases where a general law can be made appli- cable, all laws shall be general and of uniform operation throughout the State. Suits Sec. 22. Provision may be made by general law for bringing Itate.***^^ suit against the State, as to all liabilities originating after the adoption of this Constitution. Enacting Seo. 23. The enacting clause of every law shall be as fol- ciause. lows: "The People of the State of Nevada, represented in Senate and Assembly, do enact as follows,** and no law shall be enacted except by bill. Lotteries Seo. 24. No lottery shall be authorized by this State, nor prohibited. ^YxM the sale of lottery tickets be allowed. County and Seo. 25. The Legislature shall establish a system of county govera-^ and township government, which shall be uniform throughout ment. the State. County Sec. 26. The Legislature shall provide by law for the election Sonewf" ^^ * Board of County Commissioners in each county, and such County Commissioners shall, jointly and individually, perform such duties as may be prescribed by law. Jury Sec. 27. Laws shall be made to exclude from serving on semoo. juries all persons not qualified electors of this State, and all STATE OF NEVADA. 11 persons who shall have been convicted of bribery, perjury, forgery, larceny, or other high crimes, unless restored to civil rights; and laws shall be passed regulating elections, and pro- Elections, hibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. Sec. 28. No money shall be drawn from the State Treasury When as salary or compensation to any officer or employe of the be^drawn. Legislature, or either branch thereof, except in cases where such salary or compensation has been fixed by a law in force prior to the election or appointment of such officer or employe, and the salary or compensation so fixed shall neither be in- creased nor diminished so as to apply to any officer or employe of the Legislature, or either branch thereof,' at such session; provided, that this restriction shall not apply to the first session of the Legislature. Sec. 29. The first regular session of the Legislature, under Time of this Constitution, may extend to ninety days, but no subsequent ^^^^^^ regular session shall exceed sixty days, nor any special session, convened by the Governor, exceed twenty days. Sec. 30. A homestead, as provided by law, shall be exempt Home- from forced sale under any process of law, and shall not be J^*^t alienated without the joint consent of husband and wife, when from that relation exists; but no property shall be exempt from sale aaie. for taxes or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon ; provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife: and laws shall be enacted providing for the recording of such homestead within the (wunty in which the same shall be situated. Sec. 31. All property, both real and personal, of the wife. Wife owned or claimed by her before marriage, and that acquired ^operty. afterward by gift, devise, or descent, shall be her separate prop- erty; and laws shall be passed more clearly defining the rights of the wife in relation, as well to her separate property as to that held in common with her husband. Laws shall also be Registra- passed providing for the registration of the wife's separate ' property. Sec. 32. The Legislature shall provide for the election, by officers, the people, of a Clerk of the Supreme Court, County Clerks, Km^Tfo? County Eecorders, who shall be ex officio County Auditors, election of. District Attorneys, Sheriffs, County Surveyors, Public Admin- istrators, and other necessary officers, and fix, by law, their duties and compensation. County Clerks shall be ex officio Clerks of the Courts of record, and of the Boards of County Commissioners, in and for their respective counties. Sec. 33. The members of the Legislature shall receive for Compen- their services a compensation to be fixed by law, and paid out ^**^^^- of the public Treasury; but no increase of such compensation shall take effect during the term for which the members of either House shall have been elected; provided, that an appro- priation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers, and stationery, not exceeding the sum of Bixty dollars for any general or special session, to each member; 12 CONSTITUTION OF THE United States Senators andy furthermore provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presid- ing officers, receive an additional allowance of two dollars per diem. Seo. 34. In all elections for United States Senators, such elections shall be held in joint Convention of both Houses of how elected i}^q Legislature. It shall be the duty of the Legislature which convenes next preceding the expiration of the terra of such Senator, to elect his successor. If a vacancy in such Senatorial representation from any cause occur, it shall be the duty of the Legislature then in session, or at the succeeding session thereof, to supply the vacancy. If the Legislature shall at any. time, as herein provided, fail to unite in a joint Convention within twenty days after the commencement of the session of the Legislature for the election [of] such Senator, it shall be the duty of the Governor, by proclamation, to convene the two Houses of the Legislature in joint Convention within not less than five days, nor exceeding ten days, from the publication of his proclamation; and the joint Convention, when so assembled, shall proceed to elect the Senator, as herein provided. Sec. 35. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor, If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which House shall cause such objections to be entered upon its Jour- nal,and proceed to reconsider it. If, afler such reconsideration, it again pass both Houses by yeas and nays, by a vote of two thirds of the members elected to each House, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within five days after it shall have been presented to him (Sunday excepted), exclusive of the day on which he received it, the same shall be a law in like manner as if he had signed it, unless the Legislature, by its final adjourn- ment, prevent such return, in which case it shall be a law, unless the Governor, within ten days next after the adjournment (Sun- days excepted), shall file such bill, with his objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislature at its next session, in like manner as if it had been returned by the Governor; and if the same shall receive the vote of two thirds of the members elected to each branch of the Legislature, upon a vote taken by yeas and nays, to be entered upon the Journals of each House, it shall become a law. ARTICLE V. BiU, when to become a law. Supreme power, in whom vested. How elected, and term of office. EXEcuTrvE department. Section 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be Governor of the State of JNevada. Sec. 2. The Governor shall be elected by the qualified elec- tors at the time and places of voting for members of the Legis- lature, and shall hold his office for four years from the time of his installation, and until his successor shall be qualified. STATE OF NEVADA. 13 Sec. 3. No person shall be eligible to the office of Governor Who who is not a qualified elector, and who, at the time of such ®^^^«' election, has not attained the age of twenty-five years, and who, except at the first election under the Constitution, shall not have been a citizen resident of this State for two years next preceding the election. Sec. 4. The returns of every election for Governor, and Returna other State officers voted for at the general election, shall be Sow made.* sealed up and transmitted to the seat of government, directed to the Secretary of State; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and open and can- vass the election returns for Governor, and all other State officers, and forthwith declare the result and publish the names of the persons elected. The persons having the highest num- ber of votes for the respective offices shall be declared elected; Who but in case any two or more have an equal and the highest ®^®^*®^ number of votes for the same office, the Legislature shall, by joint vote of both Houses, elect one of said persons to fill said office. Sec. 5. The Governor shall be Commander in Chief of the Command- military forces of this State, except when they shall be called ^'^-"^-Chiof. into the service of the United States. Sec. 6. He shall transact all executive business with the Duties of officers of the Government, civil and military, and may require ^^®™*^' information in writing from the officers of the Executive De- partment, upon any subject relating to the duties of their respective offices. Sec. 7. He shall see that the laws are faithfully executed. Sec. 8. When any office shall, from any cause, become vacant. Vacancies and no mode is provided by the Constitution and laws for filling Sow filled, such vacancy, the Governor shall have the power to fill such vacancy by granting a commission, which shall expire at the next election and qualification of the person elected to such office. Sec. 9. The Governor may, on extraordinary occasions, con- May vene the Legislature by proclamation, and shall state to both Leglsuturo Houses, when organized, the purpose for which they have been convened; and the Legislature shall transact no legislative business except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session. Sec. 10. He shall communicate, by message, to the Legisla- cpmmu- ture, at every regular session, the condition of the State, and how*]Sade. recommend such measures as he may deem expedient. Sec. 11. In case of a disagreement between the two Houses, Power to with respect to the time of adjournment, the Governor shall *^®"™- have power to adjourn the Legislature to such time as he may think proper; provided^ it be not beyond the time fixed for the meeting of the next Legislature. Sec. 12. No person shall, while holding any office under the Who not United States Government, hold the office of Governor, except office of*^ as herein expressly provided. Governor. 14 CONSTITUTION OF THE Powewof Sec. 13. The Governor shall have the power to suspend the Governor, collection of fines and forfeitures, and grant reprieves for a period not exceeding sixty days, dating from the time of conviction, for all offenses, except in cases of impeachment. Upon convic- tion for treason, he shall have power to suspend the execution of the sentence until the case shall he reported to the Legisla- ture at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the Legislature should fail or refuse to make final disposition of such case, the sentence shall he enforced at such time and place as the Governor, by his order, may direct. The Governor shall communicate to the Legislature, at the heginning of every session, every case of fine or forfeiture remitted, or reprieve, pardon, or commutation granted, stating the name of the convict, the crime of which he was convicted, the sentence, its date, and the date of the remission, commuta- tion, pardon, or reprieve. Who may Seo. 14. The Governor, Justices of the Supreme Court, and ST^^f Attorney General, or a major part of them, of whom the Gov- pardons. emor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeach- ments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. State seal. Seo. 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be Grants and ^^^^^^ " ^^® Great Seal of the State of Nevada." oommis-" Seg. 16. All grants and commissions shall be in the name be?n the ^°^ ^^ *^® authority of the State of Nevada, sealed with the nameofthe Great Seal of the State, signed by the Governor, and counter- state, etc. signed by the Secretary of State. Lieutenant Seo. 17. A Lieutenant Governor shall be elected at the same howTo be ^^^^ ^^^ places, and in the same manner as the Governor, and elected. his term of office and his eligibility shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled or the disability cease. When Sec. 18. In case of the impeachment of the Governor, or his GSverno^r removal from office, death, inability to discharge the duties of shall the said office, resignation, or absence from the State, the powers Lieutenant and duties of the office shall devolve upon the Lieutenant Gov- ernor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, and at the head Secretary of any military force thereof, he shall continue Commander in Controu'er. ^^^®** ^^ ^*^® military forces of the State. Treasurer,* Sec. 19. A Secretary of State, a Treasurer, a Controller, a Attorney SuTveyor General, and an Attorney General, shall be elected at General, the same -time and places, and in the same manner as the Gov- di^bie. ernor. The term of office of each shall be the same as is STATE OF NEVADA. 15 prescribed for the Governor. Any elector shall be eligible to either of said offices. Sec. 20. The Secretary of State shall keep a true record of Duties of the official acts of the Legislative and Executive Departments ofSteS'^ of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature. Sec. 21. The Governor, Secretary of State, and Attorney Prison General shall constitute a Board of State Prison Commissioners, JioSSraf" which Board shall have such supervision of all matters con- nected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to Board of examine all claims against the State (except salaries or com- ^"™i"«" pensation of officers fixed by law), and perform such other duties as may be prescribed by law. And no claim against the State (except salaries or compensation of officers fixed by law) shall be passed upon by the Legislature without having been considered and acted upon by said " Board of Examiners." Sec. 22. The Secretary of State, State Treasurer, State Duties. Controller, Sui*veyor General, Attorney General, and Super- intendent of Public Instruction shall perform such other duties as may be prescribed by law. AETICLE VL JUDICIAL DEPARTMENT. Section 1. The judicial power of this State shall be vested Courts. in a Supreme Court, District Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes only, in incorporated cities and towns. Sec. 2. The Supreme Court shall consist of a Chief Justice Supreme and two Associate Justices, a majority of whom shall constitute ^**'*^' a quorum j provided, that the Legislature, by a majority of all the members elected to each branch thereof, may provide for the election of two additional Associate Justices, and, if so Quorum, increased, three shall constitute a quorum. The concurrence of a majority of the whole Court shall be necessary to render a decision. Sec. 3. The Justices of the Supreme Court shall be elected How and by the qualified electors of the State at the general election, Jected, and shall hold office for the term of six years from and includ- and term ing the first Monday of January next succeeding their election; ^ provided, that there shall be elected, at the first election under this Constitution, three Justices of the Supreme Court, who shall hold office from and including the first Monday of Decem- ber, A. I), eighteen hundred and sixty-four, and continue in office thereafter two, four, and six years, respectively, from and including the first Monday oi January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall deter- mine, by lot, the term of office each shall fill, and the Justice drawing the shortest term shall be Chief Justice; and after the expiration of his term, the one having the next shortest term 16 CONSTITUTION OF THE Chief Justice. Jurisdic- tioiu Judicial districts. May be altered. Election of District Judges. One Judge for each district shall be Chief Justice, after which the senior Justice in com- mission shall be Chief Justice. And in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice. Sec 4. • The Supreme Court shall have appellate jurisdiction in all* cases in equity; also, in all cases at law in which is involved the title or right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand (exclusive of interest), or the value of the property in contro- versy, exceeds three hundred dollars; also, in all other civil cases not included in the general subdivision of law and equity, and also on questiens of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court in the State, or before any Judge of said Courts, Sec. 5. The State is hereby divided into nine Judicial Dis- tricts, of which the County of Storey shall constitute the first; the County of Ormsby the second; the County of Lj^on the third; the County of Washoe the fourth; the Counties of Nye and Churchill the fifth; the County of Humboldt the sixth; the County of Lander the seventh; the County of Douglas the eighth, and the County of Esmeralda the ninth. The County of Eoop shall be attached to the County of Washoe for judicial purposes, until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the bounda- ries or divisions of the districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take eifect except in case of a vacancy, or the expiration of the term of an incumbent of the office. At the first general election under this Constitution, there shall be elected in each of the respective districts (except as in this section hereafter otherwise provided), one District Judge, who shall hold office from and including the first Monday of December, A. D. eighteen hundred and sixty- four, and until the first Monday of January, in the year eighteen hundred and sixty-seven; after the said first election, there shall be elected at the general election which immediately precedes the expiration of the term of his predecessor, one District Judge in each of the respective Judicial Districts (except in the First District, as in this section hereinafter provided). The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of four years (excepting those elected at the said first election) from and including the first Monday of January next succeeding their election and qualification; provided^ that the First Judicial District shall be entitled to, and shall have, three District Judges, who shall possess coextensive and concurrent jurisdic- tion, and who shall be elected at the same times, in the same STATE OF NEVADA. 17 manner, and shall hold office for the like terms, as herein pre- scribed in relation to the Judges in other Judicial Districts. Any one of said Judges may preside on the impaneling of Grand Juries, and the presentment and trial on the indictments under such rules and regulations as may be prescribed by law. Sec. 6. The District Courts in the several Judicial Districts Jurisdio- of this State shall have original jurisdiction in all cases in poweraf equity; also, in all cases at law which involve the title or the right of possession to, or the possession ^f, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the de- mand (exclusive of interest), or the value of the property in controversy, exceeds three nundred dollars; also, in all cases relating to the estates of deceased persons, and the persons and estates of minors and insane persons, and of the action of forci- ble entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law. They shall, also, have final appellate jurisdiction in cases arising in Justices' Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exer- cise of their jurisdiction; and also shall have power to issue writs of habeas corpus on petition by, or on behalf of, any per- son held in actual custody in their respective districts. Seo. 7. The times of holding the Supreme Court, and Dis- When and trict Courts, shall be as fixed by law. The terms of the Su- courte preme Court shall be held at the seat of government, and the tol>«heid. terms of the District Courts shall be held at the county seats of their respective counties; provided, that in case any county shuU be hereafter divided into two or more districts, the Legis- lature may, by law, designate the place of holding Courts in such districts. Sec. 8. The Legislature shall determine the number of Jus- Justices of tices of the Peace to be elected in each city and township of *^®^®*®®- the State, and shall ^x, by law, their powers, duties, and respon- sibilities; provided, that such Justices' Courts shall not have jurisdiction of the following cases, viz: First — Of cases in which Juris- the matter in dispute is a money demand or personal property, rlStriSed. and the amount of the demand (exclusive of interest), or the value of the property, exceeds three hundred dollars. Second — Of cases wherein the title to real estate, or mining claims, or questions of boundaries to land, is or may be involved; or of eases that shall in any manner conflict with the jurisdiction of the several Courts of record in this State; and, provided further, Criminal that Justices' Courts shall have such criminal jurisdiction as ^.J^n!****^ may be prescribed by law; and the Legislature may confer upon said Courts jurisdiction, concurrent with the District Courts, of poncurrent actions to enforce mechanics' liens, wherein the amount (exclu- ^tio^**^**' sive of interest^ does not exceed three hundred dollars; and also of actions for the possession of lands and tenements, where the relation of landlord and tenant exists, or when such pos- session has been unlawfully or fraudulently obtained or with- 18 CONSTITUTION OF THB Appeals. Coartsof Record. Municipal Courts. Not to receive fees, etc. Ineligible to other office. Charge to juries. Style of process. Form of ciril action Salaries. How paid. Court fee. or tax. Office, when Tacated. When superseded held. The Legislature shall also prescribe, bj law, the manner, and determine the cases, in which appeals may be taken from Justices' and other Courts. The Supreme Court, the District Courts, and such other Courts as the Legislature shall desig- nate, shall be Courts of record. Sec. 9. Provision shall be made, by law, prescribing the powers, duties, and responsibilities of any Municipal Court that may be established in pursuance of section one of this Article; and also fixing, by law, the jurisdiction of said Court, so as not to conflict with that of the several Courts of record. Sec. 10. No judicial officer, except Justices of the Peace and City Recorders, shall receive, to his own use, any fees or per- quisites of office. Sec. 11. The Justices of the Supreme Court and the District Judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected; and all elections or appointments of any such Judges, by the people, Legislature, or otherwise, during said period, to any office other than judicial, shall be void. Sec. 12. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law. Sec 13. The style of all process shall be "The State of Nevada," and all prosecutions shall be conducted in the name and by the authority of the same. Sec 14. There shall be but one form of civil action, and law and equity may be administered in the same action. Sec. 15. The Justices of the Supreme Court and District Judges shall each receive, quarterly, for their services, a com- pensation to be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, unless in case a vacancy occurs, in which case the suc- cessor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or ap- pointment; and provision shall be made by law for setting apart from each year's revenue a sufficient amount of money to pay such compensation ; ©rou/Jerf, that District Judges shall be paid out of the County Treasuries of the counties composing their respective districts. Sec 16. The Legislature, at its first session, and from time to time thereafter, shall provide, by law, that upon the institu- tion of each civil action and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding in the several Courts of record in this State, a special Court fee or tax shall be advanced to the Clerks of said Courts, respect- ively, by the party or parties bringing such action or proceed- ing, or taking such appeal; and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law. Sec 17. The Legislature shall have no power to grant leave of absence to a judicial officer, and any such officer who shall absent himself fVom the State for more than ninety consecutive days, shall be deemed to have vacated his office. Sec 18. No judicial officer shall be superseded, nor shall the organization of the several Courts of the Territory of Ne- STATE OF NEVADA. 19 vada be changed, nntil the election and qualification of the several ofl&cers provided for in this Article. ARTICLE VII. IMPEACHMENT AND REMOVAL FROM OFFICE. Section 1. The Assembly shall have the sole power of im- impeach- peaching. The concurrence of a majority of all the members "^®°** elected shall be necessary to an impeachment. All impeach- How tried, ments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence. The Chief Justice of Chief the Supreme Court shall preside over the Senate while sitting to^preSde. to try the Governor or Lieutenant Governor upon impeach- ment. No person shall be convicted without the concurrence Conviction, of two thirds of the Senators elected. Sec. 2. The Governor, and other State and Judicial officers, Who liable except Justices of the Peace, shall be liable to impeachment for meSt ^*" " misdemeanor or malfeasance in office; but judgment in such case shall not extend further than removal from office and dis- qualification to hold any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and pun- ishment according to law. Sec. 3. For any reasonable cause, to be entered on the Jour- Justices of nals of each House, which may or may not be sufficient coSrt wad grounds for impeachment, the Chief Justice and Associate Jus- j^Jfcj^ tices of the Supreme Court and Judges of the District Courts may be shall be removed from office on the vote of two thirds of the "^«™ov«^ members elected to each branch of the Legislature, and the Justice or Judge complained of shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person, or by counsel, in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. Sec. 4. Provision shall be made by law for the removal from ?«™**^^ office of any civil officer, other than those in this Article pre- of*Svn ** viously specified, for malfeasance or nonfeasance in the per- oj^cw. formance of his duties. AETICLB VIIL MUNICIPAL AND OTHER CORPORATIONS. Section 1. The Legislature shall pass no special Act in any No special manner relating to corporate powers, except for municipal pur- i««*«'**ion. poses; but corporations may be formed under general laws; and all such laws may, from time to time, be altered or repealed. Sec. 2. All real property and possessory rights to the same. Taxation, as well as personal property in this State, belonging to corpora- TOiJiotto. tions now existing or hereafter created, shall be subject to tax- ation the same as property of individuals; provided, that the 20 CONSTITUTION OF THE property of corporations formed for municipal, charitable, reli- gious, or educational purposes may be exempted by law. Dueemay Sec. 3. Dues from Corporations shall be secured by such b« secured, m^ans as may be prescribed by law; provided^ that corporators in corporations formed under the laws of this State shall not be individually liable for the debts or liabilities of such corpo- rations. Sec. 4. Corporations created by or under the laws of the Territory of Nevada shall be subject to the provisions of such laws until the Legislature shall pass laws regulating ^the same, Corpora- ^^ pursuance of the provisions of this Constitution. tions may Seg. 5. Corporations may sue and be sued in all Courts, in ^^^' like manner as individuals. Bank notes Seo. 6. No bank notes or paper of any kind shall ever be prohibited, permitted to circulate as money in this State, except the Fede- ral currency and the notes of banks authorized under the laws of Congress. Right Sec. 7. Ko right of way shall be appropriated to the use of of way. j^j^y. corporation until full compensation be first made or secured therefor. Organiza- Sec. 8. The Legislature shall provide for the organization of dtfesand cities and towns by general laws, and restrict their powers of towns. taxation, assessment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies of water, state not Seg. 9. The State shall not donate or loan money or its wioan.** credit, subscribe to or be interested in the stock of any com- pany, association, or corporation, except corporations formed for educational or charitable purposes. County, Seg. 10. No county, city, town, or other municipal corpora- to^become *^^^ shall become a stockholder in any joint stock company, stockholder corporation, or association whatever, or loan its credit in aid of any such company, corporation, or association, except railroad corporations, companies, or associations. ARTICLE IX. FINANCE AND STATE DEBT. eaiyear. SECTION 1. The fiscal year shall commence on the first day of January in each year. Legislature Seo. 2. The Legislature shall provide by law for an annual for^fe7yin\ ^^^ suflScient to defray the estimated expenses of the State for an annual each fiscal year; and whenever the expenses of any year shall exceed the income, the Legislature s^all provide for levying a tax sufficient, with other sources of income, to pay the defi- ciency, as well as the estimated expenses of such ensuing years [year] or two years. State may Seg. 3. For the purposc of enabling the State to transact its dSSite?^* business upon a cash basis, from its organization, the State may contract public debts; but such debts shall never, in the aggre- gate, exclusive of interest^ exceed the sum of three hundred Restriction thousand dollars, except for the purpose of defraying extraor- ofdebt dinary expenses as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be STATE OF NEVADA. 21 distinctly specified therein; and every such law shall provide Annual for levying an annual tax sufficient to pay the interest semi- **** annually, and the principal within twenty years from the pass- age of such law, and shall specially appropriate the proceeds Procoeda, of said taxes to the payment of said principal and interest; and p?ut?l.^^ such appropriation shall not be repealed, nor the taxes be post- poned or diminished until the principal and interest of said debts shall, have been wholly paid. Every contract of indebt- Whea edness entered into or assumed by or on behalf of the State, void!*^* when all its debts and liabilities amount to said sum before men- tioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the State in time of war, or, if hostilities be threatened, provide for the public defense. Sec. 4. The State shall never assume the debts of any State not county, town, city, or other corporation whatever, unless such iSdSbt-*"* debts have been created to repel invasion, suppress insurreo- ©d'less, tion, or to provide for the public defense. ARTICLE X. TAXATION. Section 1. The Legislature shall provide by law for a uni- Taxation form and equal rate of assessment and taxation, and shall pre- *<> *>® ®'**• or repel invasion. ARTICLE XIIL PUBLIC institutions. Section 1. Institutions for the benefit of the insane, blind. Benevolent and deaf and dumb, and such other benevolent institutions asJ^oMtobe the public good may require, shall be fostered and supported fostered. by the State, subject to such regulations as may be prescribed by law. Sec. 2. A State Prison shall be established and maintained State in such manner as may be prescribed by law; and provision ^™<»'»- may be made by law for the establishment and maintenance of a House of Refuge for juvenile offenders. 24 CONSTITUTION OF THE Countiea to Sec. 3. The respective counties of the State shall provide, ag«d and^' as may be prescribed by law, for those inhabitants who, by rea- infirm. son of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society. AETICLE XIV. BOUNDARY. Boundary. SECTION 1. The boundary of the State of Nevada shall be as follows: Commencing at a point formed by the intersection of the thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the eastern boundary line of the State of California; thence in a northwesterly direction along said eastern boundary line of the State of California to the forty-third degree of longitude west from Washington; thence north along said forty-third degree of west longitude and said eastern boundary line of the State of California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thenc^ due south down said thirty-eighth degree of west longi- tude to the place of beginning. And whensoever Congress shall authorize the addition to the Territory or State of Neva- da of any portion of the territory on the easterly border of the foregoing defined limits, not exceeding in extent one degree of longitude, the same shall thereupon be embraced within and become a part of this State. And, furthermore provided^ that all such territory lying west of and adjoining the boundary line herein prescribed, which the State of California may relin- quish to the Territory or State of Nevada, shall thereupon bo embraced within and constitute a part of this State. Addition may be made. ARTICLE XV. Seat of Govern- ment, Oath of office. MISCELLANEOUS PROVISIONS. Section 1. The seat of government shall be at Carson City, but no appropriation for the erection or purchase of capitol buildings shall be made during the next three years. Sec. 2. Members of the Legislature, and all officers, execu- tive, judicial, and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the fol- lowing oath or affirmation: " I, , do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or for- eign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State Con- STATE OF NEVADA. 25 vention or Legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatso- ever. And I do further solemnly swear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the Con- stitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office. And further, that I will well and faithfully perform all the duties of the office of , on which I am about to enter; (if an oath), so help me God; (if an affirmation), under the pains and penalties of per- jury." Sec. 3. No person shall be eligible to any office who is not Who not a qualified elector under this Constitution. No person who, toSaJj, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has acted as second or knowingly conveyed a challenge, or aided or assisted in any manner iUf fighting a duel, shall be allowed to hold any office of honor, profit, or trust, or enjoy the right of suffrage under this Constitution. The Legislature shall provide by law for giving force and effect to this section. Sec. 4. No perpetuities shall be allowed except for eleemo- Perpe- synary purposes. tuitios. Sec. 5. The general election shall be held on the Tuesday General next after the first Monday of November. election. Sec. 6. The aggegate number of members of both branches SeSbere**^ of the Legislature shall never exceed seventy-five. restricted. ^EC. 7. All county officers shall hold their offices at the Offices, county seat of their respective countiBS. held. Sec. 8. The Legislature shall provide for the speedy publi- PubUca- cation of all statute laws of a general nature, and such decis- li^el^etc ions of the Supreme Court as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the Court in such case shall be filed with the Clerk of said Court. Sec 9. The Legislature may at any time provide by law for Salaries increasing or diminishing the salaries or compensation of any of JJ^JeJ^^ed the officers whose salary or compensation is fixed in this Con- or dmin- stitution ; provided, no such change of salary or compensation " ® shall apply to any officer daring the term for which he may have been elected. Sec. 10. All officers whose election or appointment is not Officers, otherwise provided for shall be chosen or appointed as may be Jho«en. prescribed by law. Seo. 11. The tenure of any office not herein provided for Tenure of may be declared by law, or, when not so declared, such office Sedecl^d 26 G0NSTITI7TI0N OF THE shall be held during the pleasure of the authority making the appointment; but the Legislature shall not create any office^ the tenure of which shall be longer than four years, except as herein otherwise provided in this Constitution. Bute Sec. 12. The Governor, Secretary of State, State Treasurer, wherl*heid State Controller, and Clerk of the Supreme Court shall keep their respective offices at the seat of government. Enuinera- Seg. 13. The enumeration of the inhabitants of this Sjbate ^habitants shall be taken, under the direction of the Legislature, if to betaken, deemed necessary, in A. D. eighteen hundred and sixty -five, A. D. eighteen hundred and sixty-seven, A. D. eighteen hundred and seventy-five, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A. D. eighteen hundred and seventy, and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature. Plurality Sec. 14. A plurality of votes given at an election by the coMtitut^ people shall constitute a choice, where not otherwise provided choice. by this Constitution. ^ AETICLE XVI. amendments. Amend- SECTION 1. Any amendment or amendments to this Consti- made.^^^ tution may be proposed in the Senate or Assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their respective Journals, with the yeas and nays taken thereon, and referred to the Leg- islature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become a part of the Constitution. Revision Sec. 2. If at any time the Legislature, by a vote of two tuttSn.**^ thirds of the members elected to each House, shall determine that it is necessary to cause a revision of this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Conven- Conrention tiou; and if it shall appear that a majority of the electors vot- ing at such election shall have voted in favor of calling a Con- . vention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall con- sist of a number of members not less than that of both branches of the Legislature. In determining what is a majority of the STATE OF NEVADA. 27 electors voting at such election, reference shall be had to the Majority of highest number of votes cast at such election for the candidates ®^*'***"' for any office or on any question. AETICLE XVII. SCHEDULE. Section 1. That no inconvenience'may arise by reason of a Rights, change from a Territorial to a permanent State Government, it ^ntinue. is declared that all rights, actions, prosecutions, judgments, claims, and contracts, as well of individuals as of bodies corpo- rate, including counties, towns, and cities, shall continue as if no change had taken place; and all process which may issue under the authority of the Territory of Nevada, previous to its admission into the Union as one of the United States, snail be as valid as if issued in the name of the State of Nevada. Sec. 2. All laws of the Territory of Nevada, in force at the Laws to time of the admission of this State, not repugnant to this Con- fn fo"o°. stitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the Legislature. Sec. 3. All fines, penalties, and forfeitures accruing to the Fines, eto. Territory of Nevada, or to the people of the United States in thoStSo.^ the Territory of Nevada, shall inure to the State of Nevada. Sec. 4. All recognizances heretofore taken, or which may be Reco8^ taken before the change from a Territorial to a State Govern- tit. and seventy -three, and subsequent statements shall exhibit the amounts so collected during the year terminating on the first day of June in each year respectively, and that on filing the state- ments as herein required, the agent or agents or officer named in the bond shall pay to the Treasurer of the county, or city and county aforesaid, a tax of two per cent, on the amount of gross premiums, after deducting return premiums, as set forth in his statement, and collected from fire and inland risks, and a tax of one per cent on the amount of premiums collected from life risks. And for the purposes of this Act, ail premiums shall be deemed to have been collected which have been entered upon the books of the agency. Seo. 2. For the purposes of this Act, all persons, firms, and Who officers of companies or associations, not incorporated under the ^ntsf 48 LAWS OF .NEVADA, Express companies. Separate bond. Violation of Act Penalty. Copy of bond to be filed with County Treasurer, etc Separate bond for each company. False statement. Penalties, how collected. Power of attorney to be filed. laws of this State, and engaged in collecting premiums of insurance, directly or indirectly, on fire, life, or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act; and all express com- panies not so incorporated, as aforesaid, engaged in the carriage of treasure or merchandise fVom and within this State, and insuring the same, whether themselves assuming the risks, or whether the risks be reinsured by companies or associations not chartered by this State, shall be deemed foreign insurers within the meaning of this Act. and shall be required to file with the Controller a separate bond for each express company taking risks as aforesaid, and for each foreign company or association reinsuring them on such risks. Sec. 3. Every person or firm who shall effect, agree to eff«ct, or procure any insurance for citizens of this State, from or on account of any insurers or insurance companies whatever, not incorporated under the laws of this State, from and after the passage of this Act, without first having executed and filed the bond required in section one of this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in the sum of two thousand dollars for each company or association on whose account such insurance shall have been effected; one half of such fine to be for the use of the State, and one half for the benefit of the informer. But nothing herein contained shall apply to the sub-agents or employes of any principal agent who shall have complied with the requirements of this Act. Sec. 4. A copy of the bond herein required to be filed with the Controller, certified by that officer, shall be filed with the Treasurer of the county, or city and county, where the prin- cipal office of the agency shall be located, before any license shall be issued to any agent for the transaction of insurance business, and shall remain on file in the office of the County Treasurer until he is notified in writing, by the Controller, of the termination of the agency and cancellation of the bond. Sec. 5. Whenever the same person, firm, officer, or agent shall desire to collect premiums of insurance for more than one company, association, or individual, not incorporated under the laws of this State, the Controller shall require a separate bond, as provided in section one, for each company or associa- tion so represented by such person, firm, officer, or agent. Sec. 6. If any agent or officer of a foreign insurance com- pany, as defined in section two of this Act, shall make any false statement, concealment, or misrepresentation in the sworn statement required by section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of per- jury, and shall be liable, on conviction thereof, to the pains and penalties as provided by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the people of this State, by the prosecuting attorney of the county, or city and county, where the offense shall have been committed. Sec. 7. Said companies and associations shall duly execute, acknowledge, and deliver, and cause to be duly recorded in the office of the Controller of State, a good and sufficient power of attorney, to some person who shall be a citizen of the United SIXTH SESSION. 49 States and a citizen and resident of the State of Nevada, which power, so long as such company shall have outstanding policies of insurance in said State, shall be irrevocable, except by sub- stitution of other person or persons qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and processes requisite and neces- sary to the complete acquisition of jurisdiction of such com- pany by any of the Courts of this State, or United States Courts therein, and constituting such attorney or attorneys the' authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made, in all actions or special proceedings instituted by or against any such company, in any of the Courts of this State, or in any Federal Court within this State, and which shall be neces- sary to the acquisition or complete exercise of the jurisdiction aforesaid of said Courts. Sec. 8. There shall be levied upon and collected from each License person, firm, officer, or agent collecting premiums of insurance leviJa^d in this State, or in any manner or in any capacity whatsoever, coUected. on either fire, life, or inland risks, for or on account of any company, association, corporation, or individual, a license tax of twenty-five • dollars per quarter year, payable quarterly in advance, to such officer as may be appointed under the revenue laws of this State. Such Collector shall account for and pay When paid over the same at the time and in the manner that may be pro- <>^®'^««*<'* vided by law for the payment of other State and county licenses; the Treasurer of the county, or. city and county, shall pay into the State Treasury all moneys collected under To be paid the provisions of this Act, at the same time and in the same Trewury! manner as other moneys belonging to this State may be re- quired to be paid; but nothing contained in this Act shall be construed to apply to sub-agencies reporting to and under con- Sub-agen- trol of the agent at the city, or city and county, where the ^^^' principal office of the agency shall be located, and all require- ments of this Act shall be complied with by the principal agent as aforesaid, who shall be deemed the agent for that- purpose. Sec. 9. Every willful violation of the provisions of this Act Violation shall be deemed a misdemeanor, and subject the party violating to a penalty of five hundred dollars for each violation, which shall be sued for and recovered in the name of the State of Nevada, by the District Attorney of the county in which the company or the agent or agents so violating shall be situated ; and ' the said penalty, when recovered, shall be paid into the Treas- ury of said county. In case of non-payment of such penalty, the party offending shall be liable to imprisonment for a period not exceeding six months, in the discretion of any Court hav- ing jurisdiction thereof. Sec. 10. Chapter LXXX (80), entitled "An Act to tax and BepeaL regulate foreign insurance companies doing business in this State,*' approved March sixth, eighteen hundred and seventy-one (Laws of 1871), and all Acts and parts of Acts in relation to insurance companies inconsistent with the provisions of this Act, are hereby repealed. so LAWS OF NEVADA, Chap. IV. — An Act to amend an Act entitled "^Iw Act to create the County of Elko, and provide for the organization thereof" ap- proved March fifth, eighteen hundred and hixty-nine, [Approved January 31, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section six of said Act, of which this Act is amendatory, is hereby amended so as to read as follows: Repreeent- Section Six. Said County of Elko shall be entitled to, and elect at the next general election, two Senators and four Assembly- men. One of said Senators shall be elected for and shall hold office as Senator for the term of two years, and the other Sen- ator shall be elected for and shall hold office for the term of four years; and at every general election thereafter, there shall be elected one Senator to hold office for the term of four years, and four Assemblymen to hold office for the term of two years. ation. Chap. V. — An Act to provide firemen for the furnaces of the Capitol building during the sessions of the Legislature. [Approved February 4, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Seeretary SECTION 1. The Secretary of State is hereby authorized and aattiorSed ©J»powered to appoint firemen for the furnaces of the Senate to appoint and Assembly chambers, respectively, during the sessions of firemen, ^j^^ Nevada Legislature. Salary. Ssc. 2. Said firemen shall receive a salary of four dollars per day, to be paid out of the Contingent*Funds of the Senate and Assembly. Chap. VI. — An Act concerning the determination of conflicting rights to mining claims in certain cases. [Approved February 10, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Aetions to ^tof"* Section 1. In all actions brought to determine the right of po88«8ion possession of a mining claim, or metalliferous vein or lode, eiaSoB.^^ where an application has been made to the proper officers of the SIXTH SESSION. 51 Government of the United States by either of the parties to Jurisdio- such action for a patent for said mining claim, vein, or lode, it ^^^* shall only be necessary to confer jurisdiction on the Court to try said action, and render a proper judgment therein, that it appear that an application for a patent for such mining claim, vein, or lode, has been made, and that the parties to said action are claiming such mining claim, vein, or lode, or some part thereof, or the right of possession thereof. Chap. VII. — An Act concerning official bonds of Justices of the Peace and Constables. [Approved February 10, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Section 1. Each Justice of the Peace hereafter elected or Justice of appointed in this State shall, before entering upon the duties oathand** of his office, take the oath prescribed bylaw, and execute a^"^*®^ bond to the State of Nevada, to be approved by the Board of County Commissioners, in the penal sum of not less than one thousand dollars nor more than five thousand dollars, as may be designated by such Board of County Commissioners; which bond sh»ll be conditioned for the faithful performance of the duties of his office, and shall be filed in the County Clerk's office. Sec. 2. Each Constable hereaJPber elected or appointed in this Constable, State shall, before entering upon the duties of his office, take the bond o£ oath prescribed by law, and execute a bond to the State of Nevada, to be approved by the Board of County Commissioners, in the penal sum of not less than one thousand dollars nor more than three thousand dollars, as may be designated by such Board of County Commissioners; which bond shall be conditioned for the faithful performance of the duties of his office, and shall be filed in the County Clerk's office. Sec. 3. All Acts, and parts of Acts, in conflict with the pro- RepeaL visions of this Act, are hereby repealed. Chap. VIII. — An Act authorizing the School Trustees of School Dis- trict Number One. of Ormsby County, to issue warrants to cover certain indebtedr^ess for buUding a school house in said district. [Approved Febnuugr 11, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Tra8t668 authorised Section 1. The Board of School Trustees of School District ^^*2S Number One, Ormsby County, are hereby authorized to issue warrants. 52 LAWS OF NETADA, iDterest-bearing warrants, payable in not exceeding two years, and for a sum not exceeding, in all, five thousand dollars. How Sec. 2. Said warrants shall be payable to bearer, and issued issued. jjj sums not less than one hundred dollars, with interest, paya- ble semi-annually, at not exceeding one and one half per cent, per month. Chap. IX. — An Act to amend an Act entitUd ^^An Act to create th^ office of State Printer ^ define the duties and compensation thereof y and provide for the time and manner of election^" approved Jan- uary tenthy eighteen hundred and siocty-five* [Approved February 11, 1873.] The People of the State of Nevada, represented in Senate and As- sembly y do enact as follows: Section 1. Section one of the Act of which this Act is . amendatory, is hereby amended so as to read as follows: Election Section One. There shall be elected at thB general election to Printer! be hpld in the year one thousand eight hundred and seventy- four, and every four years thereafter, by the qualified electors of the State of Nevada, a State Printer, who shall hold his , office for four years, and ^ until his sucqessor shall have been elected and qualified; and all laws and parts of laws, applicable Laws to the election and commission of other State officers, together to eiwjtion. with the proclamation of the Governor, shall be applicable to the election of the said State Printer, as nearly as the same can be done in accordance with the Constitution and the laws of the State of Nevada. Section two Sec. 2. Section two of said Act is hereby repealed, rep ed. g^^ ^ Section three of the said Act of which this Act is .amendatory, is hereby amended so as to read as follows: When to * Section Three, The, person receiving the commission, or cer- gSr*^bo^ tificate of election, to the office of State Printer, from the Gov- ernor, shall, within ten days thereafter, take the oath of office, and givJE) a bond to the State, with two or more sureties, in the Amount sum of ten thousand dollars, to be approved by the Governor, of bond. Controller, and Treasurer of State, for the faithful performance of his duties under this Act. Said oath and bond to be filed in the office of the Secretary of State without delay. Chap. X. — An Act for the relief of the widow of Matthew Pixley. [Approved Febriiaiy 12, 1873.] PreamMe* Wheeeas, On the seventeenth d^y of September, A. D, eigh- ' ' teeh 'hundred'andfldv'eiity-onei Matthew Pixley was killed while filXTH SBS8I0N. 53 volantarily engaged in defense of the State Prison of the State of J^evadaj therefore, • • . The People of the State of Nevada, represented in Senate and As- sembly , do enact, as follows: Section 1. That the sum of twenty-five hundred dollars be, Appropria^. and the same is hereby apm*opriated out of any money in the pixiey.^"" General Fund of the State Treasury, not otherwise specifically appropriated, for the benefit of, and to be paid to, Mrs. Carrie Pixley, widow of said Matthew Pixley. Sec. 2. It shall be the duty of the State Controller to draw Controller his warrant in favor of Mrs. Carrie Pixley, on the State warrant, Treasurer, for the said sum of twenty -five hundred dollars, gold ©tc* coin of the United States, and the State Treasurer shall pay the same in the order of registry out of the General Fund of the State Treasury. Sec. 3. This Act shall be in force from and after its passage and approval. Chap. XI. — An Act to amend section twenty-nine of an Act entitled ^^An Act to provide revenue for the support of the government of the State of Nevada,'' as amended by section one of an Act ap- proved March first, eighteen hundred and seventy -one, [Approved February 14, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: m Section 1. Section twenty-nine of said Act is hereby amend- ed so as to read as follows: Section Twenty-nine. The District Attorneys of the several District counties of this State are hereby authorized and directed, imme- aiithorSSi diately after the time specified in the preceding section, to to commence action in the name of the State of Nevada, against actions for the person or persons so delinquent, and against the real estate taies?^®"* and improvements assessed so deliaquent, and against all owners or claimants to the sam^, known or unknown; provided, that Proviso, before commencing any suit for the collection of delinquent taxes, where the amount is less than three hundred dollars, the District Attorney shall submit to the Board of County Com mis- gioners, at a meeting of said Board, to be held for that purpose, on the second Monday of December in each year, the delinquent list, showing the several amounts, of taxes then delinquent, and from whom due; and said Board of Commissioners shall then, or at such time thereafter as they may deem proper, direct suits to be commenced for the collection of such sums then delinquent as they may deem expedient; and no suit for the collection of delinquent taxes, where the amount is less than three hundred dollars, shall be commenced except by the direction of said 54 LAWS OF NSVADA, Proviso. Soard; and, provided further , that nothing herein contained shall be construed to prohibit or authorize the Board of Com- missioners to prohibit the District Attorney from commencing any suit for the collection of delinquent taxes, where the amount of tax delinquent exceeds three hundred dollars, and all suits brought by the District Attorney for the collection of delinquent taxes, shall be prima facie to have been .brought by the direction of the Board of County Commissioners. Chap. XII. — An Act to require Assessors to pay over to the County Treasurer monthly all poll taxes collected, [Approved February 14, 1878.] The People of the State of Nevada^ represented in Senate and Assem- bly ^ do enact as follows: Assessors SECTION 1. In addition to the duties of the Assessor as now tow^er prescribed by law, the Assessors of the several counties in this pou taxes State shall, on the first Monday in each month, pay over to the monthly. (^Qunty Treasurer all moneys in his hands collected as poll taxes, less his commission of ten per cent., and take duplicate receipts therefor, and file one of them with the County Auditor. Chap. XIII. — An Act to consolidate and fund the indebtedness of Lincoln County, [Approved February 17, 1878.] The People of the State of Nevada^ represented in Senate and Assem- bly , do enact as follows: Fnnding SECTION 1. In Order to consolidate and fund the entire Sone^ indebtedness of the County of Lincoln, for which certificates created, of indebtedness have been issued, and place all of its financial transactions upon a cash basis, the Chairman of the Board of County Commissioners, the Auditor, and County Treasurer, of said county, and their successors in office, shall constitute and are hereby created a Board of Commissioners, to be known and styled as the Funding Commissioners of the County of Lincoln, of the State of Nevada, and shall have and exercise the powers hereinafter provided. Duty to Sec. 2. It shall be the duty of said Funding Commissioners Kncf etc. *^ cause to be prepared bonds equal to the present county indebtedness, together with all the indebtedness that shall have accrued, for which warrants have or may be issued before the first day of March, A. D, one thousand eight hundred and SIXTH SS8SI0N. 55 seventy-three. Said bonds shall be of the denomination of one Bonds,, hundred, three hundred, and five hundred dollars, and each and ^onof^. every bond purport in substance that the County of Lincoln, State of Nevada, owes the holder thereof, a sum to be ex- pressed therein, bearing interest at the rate of ten per cent, per annum, from the first day of March, A. D. one thousand eight hundred and seventy-three; the interest to be paid upon pre- sentation at the office of the County Treasurer, on the first day of January, one thousand eight hundred and seventy-four, and on the first day of January annually thereafter, until said bonds are paid and liquidated. Said bonds shall be due and payable in gold coin at the office of the County Treasurer of said County of Lincoln, on or before the first day of January, one thousand eight hundred and eighty-three. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county and countersigned by the County Auditor, and indorsed by the County Treasurer, and shall have the seal of the county affixed thereto. Sec. 3. It shall be the duty of said Funding Commissioners Commis- to keep an account of the number, denomination, and amount of ^^k^ all bonds signed by them in accordance with this Act; and it ^^^'j. shall be the cfuty of said Commissioners to examine all certifi- cates of indebtedness presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurer's and Auditor's books, corresponding to the entries therein, and no others than those found to be true and lawful ones against the County of Lincoln shall be funded. Sec. 4. It shall be the duty of the Auditor and Treasurer, Separate each to keep a separate record of all such bonds as may beS^I^^^ issued in accordance with this Act, showing the number, date, and amount, and to whom issued, together with the coupons that may |^e issued. Sec. 5. Coupons for the interest shall be annexed to each Coupons, bond; said coupons shall be numbered, and express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commis- sioners and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. Sec. 6. All persons having any certificate of indebtedness of Who the County of Lincoln, payable on or before the first day of J? flm^ March, one thousand eight hundred and seventy-three, whether in certificates drawn upon the Treasurer, or account audited and allowed by the Board of County Commissioners, before the first day of March, one thousand eight hundred and seventy- three, shall be entitled to fund the same by virtue of this Act; provided, that for any fractional sum less than the amount of the Proriso. bonds authorized to be issued by this Act, said Commissioners shall issue to the holder of the county warrant, or such other evidences of indebtedness as may have been audited or allowed by the Board of County Commissioners, a certificate of such fractional sum; and upon presentation of the same to the 56 LAWS OF NKVADA, Redemp- tion of bonds. Interest tax to be leyied and ooUeoted. How applied. Proviso. Arrange- ments for payment of interest. Sinking Fond to be set apart Advertise* ment for surrender of bonds. County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified; and said warrant thus drawn must be presented to the Treasurer of said county within eight months after the first day of March, one thousand eight hundred and seventy-three. And said warrants shall be payable in coin, in their regular order of payment, according to the number and date thereof. Sec. 7, Whenever any bonds shall have been paid and re- deemed by the County Treasurer, he shall mark the same "Can- celed " over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor; and the County Auditor, upon the receipt of such canceled bonds, shall file the same in his office. Sec. 8. In addition to the ordinary taxes for county pur- poses, there shall be for the year one thousand eight hundred and seventy-three, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax, to be called the interest tax, of forty-five cents on each one hundred dollars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and paid over to the County Treasurer. The fund derived from this tax shall be applied only to the payment of the interest accruing upon said bonds as herein provided; provided, that should said funds furnish a surplus over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the Sinking Fund herein provided for. Sec 9. It shall be the duty of the County Treasurer of Lincoln County to make such arrangements for the payment of the interest of said bonds when the same falls due, at least thirty days before the time of payment; and in the event said Interest Fund is insufficient, the Treasurer shall draw on the General Fund of the county for such purpose; and in the event that said 'Fund shall prove inadequate, the said Treasurer Ib authorized and required to make such contracts and arrange- ments as may be necessary for the payment of said interest and for the protection of the credit of the County of Lincoln. Sec 10. It shall be the duty of the Treasurer of said county to set apart a Fund to be called the "Sinking Fund of the County of Lincoln." Into said Fund shall be paid: First, any and all surplus of the Interest Fund as aforesaid; each of said payments shall be continued until the said Sinking Fund shall DC sufficient for the payment of the principal and interest of the bonds; and when the same shall have been paid and liquidated, the same shall cease, and all surplus remaining in the Sinking Fund shall be paid into the General Fund of said county. Sec 11. Whenever at any time there shall be in the Sinking Fund a sum of money amounting to one thousand dollars or upwards, the County Treasurer shall advertise in a newspaper published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds; but in case there be no newspaper published in said county, said advertisement shall be published in some newspaper having the largest circu- SIXTH SX8SI0N. 57 lation in said county, to be designated by the Connty Auditor; the adver^sement to specify the day, hour, and place the sealed proposals will be opened. Seo. 12. At the time specified, the Treasurer shall open the Proposftis sealed proposals at his oflSce, in the presence of the Board of **''®°®^ County Commissioners and Auditor, and such other persons as may wish to be present; and shall pay and liquidate such bonds Payment presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be for more than Proviso, their par value; and, provided further, that if there be no sealed proposals made, or offered, for the surrender and payment of Proviw. said bonds, then, in that case, it shall be the duty of the County Treasurer to advertise, in the manner as before mentioned, for a period of not less than twenty or more than thirty days, for the surrender and payment of as many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment; commencing with number one, two, and three, and so continue the payment in that order according to their number and date; and in the event that the holder or when holders of the bond or bonds, first in order of payment, shall tooeSe. fail to present his or their bond or bonds for payment, at the office of the County Treasurer, in the Town of Pioche, at the time indicated in the before mentioned advertisement, then, in that case, the said bond or bonds shall cease to draw interest from such date named in the advertisement for the payment of the same. And in like manner the County Treasurer shall con- tinue, to advertise the next bond or bonds in order of payment, according to the number and date, and if the holder or holders thereof fail to surrender for payment as provided, the interest on said bonds shall cease. The County Treasurer shall con- Advertise- tinue to advertise, from time to time, as provided, untjl the SntLmed! whole amount of bonds has been advertised, or the amount of money in the Sinking Fund shall have been paid out in their redemption, as heretofore provided; and, provided, that should Proviso, there be no proposals made for less than par value, then the payment shall be made pro rata on all of said bonds; provided further, that said bonds upon which interest shall have ceased in consequence of the holder or holders thereof having failed to present the same for payment, as above provided in this Act, then, and in that case, said bonds shall have preference over the interest-bearing bonds in order of payment, and shall be paid in their regular order of date and payment, but under the same rules, regulations, and restrictions, as provided in this Act for intei'est- bearing bonds. Seo. 13. A full and particular account and record of the Record, Sinking Fund shall be kept by the Treasurer, and shall at all l^^ilfg times be open for the inspection of the Auditor, Board of Com- F"?^^ missioners, and Grand Jury ; and, upon demand of the Grand Jury ® ^^ of said county, the Treasurer shall cause a concise statement to be made of the condition and business of said Fund, and the amount of bonds issued, and to whom issued. Sec. 14. The County Treasurer shall pay out of any money Expenses in the Treasury not otherwise appropriated, any and all expenses Sjg bon£^ 8 58 . ' LiiWS OF NEVADA, that may be incurred in having said bonds prepared, not to exceed the sum of four hundred dollars. Compensa- Seg. 15. The Funding Commissioners shall receive such com- Commis- pensation for their services as the Board of County Commis- Bioners. sioners may allow, to be paid out of the County Treasury, as other charges against the county are paid. Adrertiso- Sec. 16. On the first day of March, one thousand eight hun- Snding! dred and seventy-three, the County Treasurer of Lincoln County shall advertise in some newspaper, as heretofore provided, for the period of twenty days, that from and after that day the funding of the then outstanding warrants of Lincoln County will commence, from which time it shall not be lawful for the When Treasurer of said county to pay or liquidate any of the out- prohibited standing certificates of said county in any other way than by from funding it [them] in accordance with the provisions of this Act; certificates, uor shall said Treasurer, under any pretense whatever, liquidate, pay, or cause to be paid, any portion thereof, only in accordance with the provisions of this Act. The expense for publishing, as provided in this Act, shall be paid out of the General Fund of the county. Commis- Sec. 17. On and after the first day of March, one thousand limited in eight hundred and seventy-three, the Board of County Com- liabmue^* "aissioners of said county shall contract no debt, and incur no liabilities that shall singly or in the aggregate with any other previous debt or liabilities contracted or incurred after the said first day of March, exceed the sum of nine thousand dollars more than the amount of money in the County Treasury subject to the payment of the same. Officers not Sbc. 18. Any county officer or officers of the County of Lin- witlfifet* co^° who shall willfully neglect or refuse to comply with the miity of requisitions or provisions of this Act, shall be deemed guilty of meauOT. misdemeanor in -office, and shall be fined in any sum not less Penalty, than two hundred or more than one thousand dollars, to be recoverable before any Court of competent jurisdiction, or dis- missal from office, or both such fine and dismissal, in the discretion of the Court. And it is hereby made the duty of the fiuhstance District Judge of Lincoln County to give the substance of this to be^given scction in charge to the Grand Jury at each session, making it their to ^^^i duty to inquire and investigate as to any infraction or violation Jury.*° of this Act by any of the officers herein named, whose duty it is to carry into practical effect the provisions of this Act. And it is hereby made the duty of the District Attorney to prose- cute all delinquents under this Act. Power of Sec. 19. The District Court of Lincoln County shall have Conrt.^* power to enforce obedience to the provisions of this Act, and for that purpose shall have full power to issue process of man- damus, prohibition, and all other writs that may be required that are authorized by law. Fines, etc. Sbo. 20. All fines and penalties collected under the provisions of this Act shall be paid into the School Fund. Transfer of Sec. 21. At the first meeting in December in each year of money. ^^^ Board of County Commissioners of said county, they may transfer any surplus money there may be in the General Fund of said county to the Sinking Fund created by this Act; pro- SIXTH SESSION.. .59 vided, there shall bo left in the Treasury a sufficient amount to Proviso, defray the current expenses of said county for the six months next ensuing. Chap. XIV. — An Act to renwve the county seat of Humboldt County. [Approved February 17, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. From and after the first day of May, one thou- County seat sand eight hundred and seventy-three, the county seat of^Sine-** Humboldt County shall be located at the Town of Winnemuccaj mucoa. in said county. Sec. 2. It shall be the duty of all officers of said county, County who are required by law to keep their offices at the county seat, J^u^ked to remove the same to said Town of Winnemucca, on the week toremoye next preceding the said first day of May, A. D. eighteen hun- ^ dred and seventy-three. Sec 3. The County Commissioners of said county shall pro- Commis- vide for the removal of the archives of said county, and all J^IJ^ other movable property belonging to said county, to said Town to remove of Winnemucca, and shall have power to sell and convey, any etc. ^ retfl or immovable property situated in the Town of Unionville belonging to said Humboldt County, and shall pay the proceeds of such sales into the County Treasury of said county. Sec 4. It shall be lawful for the Board of Couoty Commis- To provide sioners of Humboldt County, and it is hereby made their duty, °®®®^' ®*®' to provide for the use of the various public officers such build- ings, rooms, or offices, as are required by law. Chap. XV. — An Act to amend an Act entitled an Act to authorize the State Treasurer to employ a Clerk, and fixing his compensation, approved March ninth, eighteen 'hundred and sixty -five, approved March first, eighteen hundred and sixty-six, [Approved February 17, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. The State Treasurer is hereby authorized to Authorised employ a deputy, whose compensation shall be two . hundred ^^™j}jf and fifty dollars per month. 60 LAWS OF NEVADA, Sec. 2. Section two of said Act is hereby amended so as to read as follows: Compen- Section Two. The Controller of State shall, at the end of each how^paid. nionth, draw his warrant upon the State Treasury, in favor of such deputy, for the amount of his compensation then due, and the State Treasurer shall pay the same, out of any moneys in the State Treasury not otherwise specially appropriated. Compen- sation. Compen- sation in new counties. Chap. XVI. — An Act to amend an Act entitled an Act concerning District Attorneys, approved March eleventh^ eighteen hundred and sixty-five, approved February twenty-sixth, eighteen hundred and sixty-six, approved March eleventh, eighteen hundred and sixty- seven. [Approved February 17, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section four of the above entitled Act is hereby amended so as to read as follows: Section Four. The District Attorney of each county m this State shall receive for his services, annually, a compensation, to be paid in four equal quarterly payments, as follows: First — Of the County of Storey, two thousand 6oiiars. Second — ^Of the County of Esmeralda, one thousand dollars. Third — Of the County of Lander, two thousand dollars. Fourth — Of the County of Humboldt, one thousand dollars. Fifth — Of the County of Ormsby, one thousand dollars. Siocth — Of the County of Washoe, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy- five. Seventh — Of the County of Lyon, fifteen hundred dollars. Eighth — Of the County of Churchill, six hundred dollars. Ninth — Of the County of Nye, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy- five. Tenth — Of the County of Douglas, one thousand dollars. Eleventh — Of the County of 'Lincoln, two thousand dollars. Twelfth — Of the County of White Pine, fifteen hundred dol- lars, after the first day of January, A. D. eighteen hundred and seventy-five. Thirteenth — When any new county shall be created hereafter, the District Attorney for such county shall receive for his ser- vices an annual salary, not exceeding fifteen hundred dollars, as the County Commissioners of such county may determine. Sec. 2. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. SIXTH SESSION. 61 Chap. X YII. — An Act to amend an Act entitled " ^An Act to provide revenue for the support of the government of the State of Nevada^ approved March ninths eighteen hundred and sixty-five^ approved March eleventh^ eighteen hundred and sixty -seven ^^ approved March third, eighteen hundred and sixty-nine" approved March fourth, eighteen hundred and seventy -one, [Approved February 20, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section one of the Act of which this is amenda- tory is amended so as to read as follows: Section One. The Treasurers of the several counties of this Salaries State shall be allowed the following named annual salaries, to TreMureL. wit: The Treasurer of Storey County, three thousand dollars; of Ormsby County, fifteen hundred dollars; of Douglas County, five ay the same, if he has money in his hands sufficient therefor belonging to the Fund upon which it is drawn; but if he has not such money he shall indorse on said warrant " Not paid for want of funds," adding thereto the date of indorsement and signing his name officially to the same; and thereafter he shall pay said warrant out of the first money applicable thereto coming into his hands. Before twelve o'clock on the first Mon- Notice day in each month, the County Treasurer shall post a notice in Btandhig * conspicuous placc in his office, showing the number and warrants to amount of each outstanding warrant, if any, which there is be posted, ^joney in the Treasury to pay. On paying any warrant, the Treasurer shall write across the face thereof, in red ink, " Ee- deemed," with the date of redemption, and sign his name offi- cially thereto; and said warrant so canceled shall be sufficient voucher for the Treasurer in his official settlement. The Chairman of the Board of County Commissioners, or some mem- ber of the Board, designated by the Chairman, shall once in every three months examine the books and vouchers of the County Treasurer concerning the state of the finances in his hands, in this Act mentioned, and report the result to the Board, which report shall be spread upon the minutes of said Board. Seo. 5« The holder of any claim or demand, in this Act men- tioned, which has been rejected, in whole or in part, may, within SIXTH SESSION. 71 six months after the same has been so rejected, commence an When action in any Court of competent jurisdiction of the county for r^^ted the amount of his claim, or the rejected part thereof, as the c^ai™ ™ay case may be. The Board of County Commissioners shall be the action, defendant named in said action, and the service of summons shall be made upon the Chairman or Clerk thereof. In case of final recovery by the plaintiff, the Board of County Commis- sioners shall audit and allow his claim for the amount of the judgment recovered. Sec. 6. In all cases where a town or city in any county in Duty of this State has been incorporated by Act of the Legislature of SoSeraTn this State, or the late Territory of Nevada, or otherwise, or relation to may be incorporated, and the same has been or may hereafter piratST be disincorporated, the Board of County Commissioners of said J?^^ °' county shall take possession of all the books, papers, docu- ments, money, credits, claims, demands, and property of said town or city, and collect, hold, or dispose of the same for the use and benefit of the inhabitants thereof; and in case said town or city shall have been at the time of disincorporation involved in debt, said Board of County Commissioners shall ascertain Evidences the amount thereof, and cause evidences of indebtedness bear- edness to ing interest on the principal sum thereof, from date, at the rate b® issued, of seven per cent, per annum, to be issued to holders of said indebtedness, which said evidences of indebtedness shall be in the «follo wing form, to wit: No. — . The -, A. J>. 18—-. Form of. This is to certify that the (designating the town or city by its corporate name^ is indebted to — — in the sum of dol- lars, principal, ana dollars, interest, payable out of the Bedemption Fund of said ; said principal sum of dol- lars to bear interest from this date at the rate of seven per cent, per annum, principal, interest and accruing interest, payable in gold coin of the United States. , Chairman of the Board of County Commissioners of County, Nevada. J Clerk of County, Nevada. All blanks to be appropriately filled. But no such evidence of Time, indebtedness shall be issued upon any account, claim, demand, J^Unoe bond, warrant, scrip, or other instrument, unless the same isofmdebt- filed with the Clerk of the Board of County Commissioners ® ^^' within three months after the disincorporation of said town or city. The County Treasurer shall, upon being required so Treasurer to do by the Board of County Commissioners, set apart in the mo^ney?^"' Eedemption Fund of said town or city, twenty per cent, of all moneys coming into his hands for the use or benefit thereof, and shall only use the money of said Bedemption Fund in the payment of the evidences of indebtedness hereinbefore men- tioned, and interest thereon, as in this Act provided. Seo. 7. Whenever at any time there shall be in said Ee- Proposals demption Fund the sum of five hundred dollars or over, it shall de"o/in-' be the duty of said Treasurer to give ten days notice that debtedness. sealed proposals, directed to him, will be received for the sur- 72 LAWS OF NEVADA, Duty of County Treasurer. Proposals opened, eto. Description of accepted bids to be kept Payment Vouchers. Preference when bids areequaL render of indebtedness, payable fVom said Fund, which sealed proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of such notice. Said notice shall be given by publication thereof in some newspaper published in the county, if there be one, or if there be no newspaper published in the said county, then by posting such notice in five public places of the town or city the funds of which it is proposed to use^ in mak- ing the redemption mentioned in the notice aforesaid. Sec. 8. At the first regular meeting of the Board of County Commissioners, after notice has been given as hereinbefore required, the said County Treasurer shall appear before said Board, and deliver to them all of the sealed proposals received by him up to that date, and shall then and there upon his oath show to the satisfaction of said Board that neither of said sealed proposals have been opened, examined, or inspected by himself, or any« other person, since the same has come into his custody, and shall file with the Clerk of said Board his affidavit, show- ing that notice of receiving said sealed proposals has been given as hereinbefore required. Said Board of County Com- missioners shall thereupon open or cause to be opened all of said sealed proposals, examine the same, and cause copies thereof to be entered in the record of their proceedings, and shall accept the lowest bid or bids for the surrender of the evidences of indebtedness aforesaid, to the extent of the sum iden- tioned in the notice given by the Treasurer as aforesaid; pro- vided, that no bill shall be considered which is not accompanied with the evidences of indebtedness proposed to be surrendered. No bid for more than par value shall be accepted, nor shall any proposal be withdrawn after it has been delivered to the Treasurer. Sec. 9. When any bids are accepted, as provided in the last section, the Clerk of the Board of County Commissioners and the County Treasurer shall each take a description of the evi- dences of indebtedness to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct said Treasurer to pay the indebtedness designated in the accepted bid or bids, and said Treasurer shall pay the same, according to the terms of said order, and shall immediately cancel the evidences of indebtedness so paid by him, by writ- ing across the face thereof, in red ink, the word " Eedeemed," adding thereto the time when the same was redeemed, and the amount paid therefor, and shall sign the same officially. The order of the Board of County Comdiissioners aforesaid, with the record made by the County Clerk and Treasurer, as here- inbefore required, and the redeemed evidences of indebtedness, shall be sufficient vouchers for the County Treasurer, in the settlement of his accounts. The bids specified in section eight being equal, preference shall be given to those in which the greatest percentage is principal. That shall be deemed the lowest bid which offers the largest amount of indebtedness, including principal and interest, for the smallest percentage in amount of money. When two or more bids are equal in every SIXTH SESSION. 73 respect, each shall be accepted, 'pro rata, as near as possible. Unac- The County Treasurer shall return, on demand, to the proper blSj to bo parties, all unaccepted bids, with the evidences of indebtedness retained, which accompanied the same. Sec. 10. Any Justice of the Peace within any town or city Jurisdio- of this State shall have jurisdiction of all violations of ordi- jJJtice of nances made to apply to his town or city under the provisions *^® i*eaoe. of this Act, and m*ay render final judgment, hold to bail, fine, or^ commit to prison any offender, in accordance with the pro- visions of said ordinances; and in the exercise of such jurisdic- tion, said Justice of the Peace shall conform to the' provisions of the general laws of the State applicable thereto, except when the ordinances aforesaid otherwise direct. All commitments of imprisonment shall be directed to the Sheriff of the county. Said Justice of the Peace shall receive the same fees and com- Fees, etc pensation as in other cases provided by law. Sec. 11. All prosecutions arising under the provisions of this Prosecii- Act shall be conducted by the District Attorney of the county, conducted who shall receive therefor, in case of conviction, to be collected j^^^f^^ only from the defendant, the sum of fifteen dollars. He shall Attorney. also prosecute and defend all suits brought by or against the Board of County Commissioners under the provisions of this Act, for which he shall, receive a compensation to be fixed by said Board, which shall not exceed in any one year the sum of six hundred dollars. Sec. 12. The Sheriff of the county, in each of the counties Sheriffs of this State, shall appoint for each town or city in his county deputies'** as njany deputies as he shall be required to appoint by the J^^®^^ Board of County Commissioners of his county for the purpose of carrying out the provisions Of this Act, and they shall be allowed such fees for arrests, to be collected only from the defendant, as may be fixed by ordinance, and such salaries as may be fixed by said Board, not exceeding the sum of one hun- dred and fifty dollars per month. Said deputies shall be ex Powers^ officio collectors of all licenses and other taxes than property S? depuVS. taxes, to be collected for the use of said town or city, and shall exercise such other powers and perform such other duties as may be authorized, directed, or required by the Board of County Commissioners; provided^ that nothing contained in this section Proviso, shall be construed to prohibit said deputies from performing any other duty or service required or authorized by law. Said Sheriff Street, shall also, when required by said Board of County Commission- ^ne?.*^ ers, designate one of said deputies to act as Street Commissioner in said town or city. All persons committed by any Justice of Disposal of the Peace, as herein provided, shall be delivered to the Sheriff J^^^tted. aforesaid, and by him confined or put to work, as required by ordinance; -And the expense attending such confinement or work- ing shall be allowed and paid as in this Act provided for the allowance and payment of other claims. Sec. 18. The County Treasurer in each of the counties of Duties of this State shall perform the duties required or authorized to be Trew^er. performed by him under apd by virtue of the provisions of this Act, and shall be held liable on his official bond for the faithful 10 74 LAWS OF NEVADA, Dutiee of Ck>unty Clerk. Board of County Commis- sioners, meetings of. Compen- sation. Act con- strued, etc. Genuine- ness of signatures to bo estab- lished. RepeaL performance of such duties, and shall receive for his services two per cent, of all moneys received by him under the provis- ions of this Act. Sec. 14. The County Clerk in each of the counties of this State shall perform the duties required or authorized to be per- formed by him under and by virtue of the provisions of this Act, and shall be held liable on his official bond for the faithful performance of such duties. He shall be ex'officio Clerk of the board of County Commissioners in the execution of the pro- visions of this Act, and shall keep a record of their proceedings in books not used for other purposes. He shall receive for his services five dollars per day for each and every day engaged in the performance of his duties aforesaid, which shall not exceed in one year the sum of three hundred dollars. Sec. 15. The Board of County Commissioners of any county having jurisdiction of the affairs of any town or city, as in this Act provided, shall hold a regular meeting in the Court House, at their county seat, at least once in each month, on a day pre- viously fixed by them, for the purpose of transacting the busi- ness provided for in this Act, and shall continue in session from day to day until such business is completed. They may also hold special meetings, upon a call of three days' actual notice to all within the county, given by the Chairman of the Board or a majority of the members thereof. A majority of said Board shall be necessary to constitute a quorum, and the vote of a majority of the whole Board shall be necessary to carry any question. Each member of the Board shall receive for his ser- vices the sum of five dollars per day for each day's actual service as a member of the Board or as a Committeeman, and twenty-five cents per mile for each mile actually traveled in going to the place of meeting; provided, that the aggregate amount to be received by any one member during any one year shall not exceed the sum of two hundred dollars. « Sec. 16. Nothing in this Act contained shall be construed to apply to the transactions of county business in any of the coun- ties of this State, nor shall any of the powers or jurisdiction conferred be exercised by any officer or person in any town or city before there shall have been filed in the Clerk's office of the county in which the same is situated a written petition for the application of the provisions of this Act to said town or city, signed by a majority of the actual residents of such town or city, representing at least three fifths of the taxable prop- erty. The genuineness of all signatures to such petition, and the qualifications of the subscribers, shall be established by the affidavits of reliable taxpayers of said town or city, filed with such petition. Sec. 17. All Acts, and parts of Acts, in conflict w^h the pro- visions of this Act, are hereby repealed. SIXTH SfiSSION. 75 Chap. XXVI. — An Act to amend **An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto" approved March eighth, eighteen hundred and sixty-nine. [Approved February 21, 1873.] Jlie People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1, Section two hundred and twenty-three of title Notice of seven of "An Act to regulate proceedings in civil cases in the exwuSon. Courts of justice of this State, and to repeal all other Acts in relation thereto," approved March eighth, eighteen hundred and sixty-nine, is hereby amended to rea4.as follows; Section Two Hundred and Twenty-three. Before the sale of Perishable property on execution, notice thereof shall be given as follows: p^'^p^'^^* First — In cases of perishable property, by posting written Posting, notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and con- dition of the property. Second — In case of other personal property, by posting a other similar notice in three public places of the township or city p?JJerfy. where the sale is to take place, not less than five nor more than oai® <>? .J 'ij- £> \ x'*' execution ten days, successively, and, in case of sale on execution issuing out of out of a District Court, by the publication of a copy of said court^* notice at least once a week, for the same period, in a newspaper, to be if there be one, in the county. advertised. Third — In case of real property, by posting a similar notice, Real particularly describing the property, for twenty days, sue- p"*^®^^- cessively, in three public places of the township or city where the property is situated, and also where the property is to be sold; and, also, by publishing a copy of said notice once a •week, for the same period, in a newspaper, if there be one, in the county; provided, that the cost of such publication shall in Proviso. no case exceed the sum of two dollars and fifty cents per square for the first insertion, and one dollar per square for each sub- sequent insertion; and, provided further, that in any case where Proviso, the paper authorized by this Act to publish such notice of sale shall neglect or refuse, from any cause, to make such publica- tion, then the posting of notices, as provided in the preceding section of this Act, shall be deemed sufficient notice; provided Proviso. further, notices of the salQ of property on execution, upon a judgment for any sum less than five hundred dollars, exclusive of costs, shall be given only by posting in three public places in the county, one of which notices shall be posted at the Court House. 76 LAWS OF NEVADA, Wacee made preferred claims, what Proviso. Claims for wages against estates of deceased persons. Proviso. Said wages, in cases of attachment and execution, manner of claiming. Disputed claim to be enforced by action. Chap. XXVII. — An Act to protect the wages of labor, [Approved February 21, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Section 1. That in all assignments of property, whether real or personal, which shall hereafter be made by any person or chartered company or corporation, or by any person or per- sons, owning or leasing real or personal property, to trustees or assignees on account of inability at the time of the assignment to pay his, her, or their debts, the wages of the miners, me- chanics, salesmen, servants, clerks, or laborers employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees, before any other creditor or creditors of the assignor; provided^ that the claims of each miner, mechanic, salesman, servant, clerk, or laborer thus preferred, shall not exceed in value two hundred dollars of gold coin of the United States, and the services shall have been rendered or labor per- formed within ninety days next preceding said assignment. Sec. 2. That in all cases of the death of any employer or em- ployers, the wages of each miner, mechanic, salesman, servant, clerk, and laborer, for services rendered, or labor performed, within ninety days next preceding the death of the employer, shall rank after the funeral expenses of the deceased, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and be paid pro rata before all other claims against the estate of the deceased person or persons; provided, this Act shall in no way aflPect the homestead or other property exempted by law from forced sale, or any mortgage or lien lawfully obtained on the property of the deceased person before his or her death. Sec 3. In all cases of execution, attachments, and writs of a similar nature against the property of any person or persons, or chartered company or corporation, it shall be lawful for such miner, mechanic, salesman, servant, clerk, and laborer to give notice of their claim or claims, and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim, to the officer executing either of such writs at any time before the actual sale of property levied on, and such officer shall pay to such miners, mechanics, salesmen, servants, clerks, or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered within ninety days next preceding the levy of the writ of exe- cution, attachment, or other writ, not exceeding two hundred dollars, in gold coin of the United States; provided, if any or all of the claims so presented and claiming preference under this section shall be disputed by either the debtor or the creditor, the person presenting the same shall commence an action within ten days for the recovery thereof, and shall prosecute his action with due diligence, or be forever barred from any claim of priority payment thereof. But in case action is rendered neces- SIXTH SESSION. 77 Bary by the act as aforesaid, by either debtor op creditor, and judgment shall be had for said claim, or any part thereof, car- rying costs, the costs attending the prosecution of said action, and legally taxable therein, shall likewise be a preferred claim with the same rank as the original claim; and, provided furthery Proviso, if the amount of assets, after deducting costs of levy and sale, shall not be adequate to the payment of all the preferred claims of this class, they shall be paid pro rata out of the money hereby itiade applicable thereto; and, provided further, that nothing in Proviso, this Act contained shall be construed to affect any homestead, claims, mortgage, or lien of any description created and existing before the claim of such laborer accrued. Sec. 4. This Act shall be in force from and after its passage. When Act ^ ° to take effect. Chap. XXVIII. — An Act entitled an Act to incorporate the Town of Gold Mill. [Approved Febmary 21, 1873.] llie People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. For the purposes hereinafter mentioned, • the "The Town inhabitants of that portion of Storey County embraced within hhi" in- the limits hereinafter set forth in this section of this Act, shall corporated. be a body politic and corporate, by the name and style of " The Town of Gold Hill," and by that name they and their successors Bhall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of said incorporate town Bounda- shall be as follows: On the north by the southern line of Vir- ginia City, in the County of Storey; on the east by the boundary line between the Counties of Storey and Lyon; on the south by the boundary line between the Counties of Storey and Lyon; and on the west by the boundary line between the Counties of Storey and Washoe. Sec. 2. The said town corporate is hereby divided into two Wards, , wards, as follows: All that portion of said town lying north or Jg'^^daries northerly of the center of Crown Point street, so far as said street is opened, and also lying north of a line commencing at the site of the quartz mill known as the " Bowers Mill," and extending due west to the line of Washoe County, and also lying north of a line commencing at the intersection of the cen- ter of Main street and Crown Point street, and extending due east therefrom to the boundary of Lyon County, shall consti- tute the First Ward; and all that portion lying south or south- erly of the line heretofore in this section of this Act described, shall constitute the Second Ward. Sec. 3. The corporate powers of said town shall be vested Board of in a Board of Trustees, to consist of ^vq members, who shall ^^^^^* be actual residents of, and owners of real estate in said town, and who shall be chosen, three from among the residents of the 78 LAWS OF NEVADA, First Ward, a*tad two from among the residents of the Second Ward. In addition to said Board of Trustees, there shall be a Treasurer, Marshal and Treasurer elected by the qualified voters of said M*"*'*^- town. Term of Sec. 4. The Said Trustees, Marshal, and Treasurer shall hold office. their offices for one year, and until their successors are elected and qualified, except as hereinafter in this Act provided. Eligibility Sec. 5. No pcrson shall be eligible to the office of Trustee, to office. Marshal, or Treasurer, unless he be a qualified elector of the State of Nevada, nor unless he shall have been an actual resi- dent of said town for six months next preceding the election. Voters, Sec. 6. No person shall be entitled to vote at any election Sonof!^" for said Trustees, Marshal, or Treasurer, unless he shall be a qualified elector of this State, and will have actually resided within the County of Storey for six months, and within the Town of Gold Hill for three months next preceding such elec- tion; and no person shall be entitled to vote except within the ward in which he resides, and has resided for thirty days next preceding such election. Annual Sec. 7. The- annual election for Trustees, Marshal, and election. Treasurer shall be held on the first Monday in May in each year. Election Sbc. 8. All provisions of law, which now are or hereafter appiiSibfe. ^^7 ^^ ^^ force, regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees shall, for Notice. two weeks prior to each annual election, publish notice, in a newspaper published in Storey County, to the effect that such election will take place in said town, for the election of three Trustees in the First Ward and two Trustees in the Second Ward, a Marshal, and Treasurer, naming the day on which such election will be held, and designating the polling places and the names of three Inspectors of Election for each ward. Soon as the votes are counted and tallied in each ward, the In- Statement spectors and Clerks shall make out a statement showing the number of votes cast in each ward for the office of Trustee, Marshal, and of Treasurer, and for each person severally, which statement shall be certified under oath or affirmation, by at least two of said Inspectors and two Clerks, and they shall cause the same, together with the polling and tally lists, and tickets, duly sealed up in a package, to be delivered to the Board of Trustees, or the Clerk thereof, within two days after such election. Within three days after the receipt of the same, the Board of Trustees shall proceed to reexamine and ascer- tain from such statement and tally lists, what persons received the greatest number of votes for the office of Trustees, Mar- Certificates shal, and of Treasurer, and a certificate of election shall be of election, forthwith issued -by the Clerk, under the direction and super- vision of the Board, to the person or persons having received the greatest number of votes for each of said offices. The Clerk shall, without unreasonable delay, deliver said certificates to the person or persons for whom they are intended, and ho or his successor shall safely keep the packages of tickets, together with the tally lists, and all other papers relating to such elec- SIXTH SESSION. 79 tion, for forty days from and after the day of election, when, if no notice of contest in such election shall have been served on him, he may destroy the same. Any qualified elector in said town shall have the right to contest the election of any per- Contest son declared elected a Trustee, Marshal, or Treasurer, as pro- vided in this section of this Act, and such contest shall be conducted in the manner required by the laws that now are or hereafter may be enacted by the Legislature, for contesting county or precinct elections. Sec. 9. The Trustees, Marshal, and Treasurer chosen at any Officers to election held under this Act shall take the official oath provided Snferupon by law, and enter upon the discharge of their official duties ^|^|^*[|g® within five days after due notice of their election; and in case when, any Trustee, Jilarshal, or Treasurer shall fail to qualify within said time, his office shall be declared vacant; provided^ that in Proviso case the person so elected be absent from the county at the klsenoe? time of his election, he shall be allowed twenty days in which to return and enter upon the duties of his office. Sec. 10. The Board of Trustees so elected shall, at their President first meeting, or as soon thereafter as may be, select one of **^^*^*^'^ their number as President, who shall preside at their meetings, and perform such other duties as said Board may prescril^e; provided^ that it shall be his duty to make out, on the third Report by Monday in April of each year, and cause to be published, either ^""^«'^*- in a newspaper published in Storey County, or by posting, in not less than five public and conspicuous places in said town, a full and correct statement of the financial condition of the town, showing the total indebtedness thereof. Sec. 11. Whenever a vacancy shall occur in the office of Vacancies. Treasurer or Marshal, the Board of Trustees shall fill such vacancy; and, provided further , that whenever a vacancy shall occur in the office of Trustee, the remainder of said Board of Trustees, or a majority thereof, shall, at their next regular meeting held after the said vacancy shall have occurred, ap- point some person to fill such vacancy; provided^ that the person so appointed must be eligible to the office under the require- ments of sections three, five, and six of this Act. Sec. 12. The Board of Trustees shall have discretionary Clerk. power to appoint a clerk and an attorney, at such rates of and^her salary or contingent compensation as said Board may deter- employes. mine. The Board may also employ such other assistance or laborers as may be, from time to time, required for the care and repair of streets, waterworks, or other town property Any of the aforesaid officers or employes, in this section pro- vided for, may be by said Trustees removed or discharged, or the office or position abolished, as circumstances and a due sense of economy may require. Sec. 13. The Board of Trustees shall hold regular meetings Meetinw on the first and third Mondays in each month, and such other ° **" ' meetings as by adjournment or resolution they may determine; but the President of the Board shall have power to call special meetings whenever, in his judgment, it may be necessary. Sec. 14. A majority of the Board of Trustees shall con- Quorum stitute a quorum for business; but a less number may adjourn ^^^''"^ from time to time, and may compel the attendance of absent 80 LAWS OF NEVADA, Bules of Board, etc. JoamaL Powers of Board of Trustees. members, by peremptory order, or by resolution, imposing fine not to exceed ten dollars for any one meeting. Sec. 15. The Board of Trustees shall adopt rules for the government of their own proceedings, and shall be the judges of the election and qualification of their own members, subject, however, to the decision of the District Court of the First Judicial District in cases of contested elections. Their meet- ings shall be public, except when the Board shall decide that the interests of the town require secrecy. A journal of all proceedings of the Board shall be kept by the Clerk; and the ayes and noes shall be taken at the request of any member, and shall be entered in the journal. Sec. 16. The Board of Trustees shall have power: First — To make by-laws and ordinances 41 ot repjignant to the Constitution and laws of the State of Nevada. Second — To levy and collect taxes on all real and personal property within the town, made taxable by the laws of this State, for State and county purposes, which are now in force or may hereafter be enacted, except proceeds or mines, which shall not be subject to taxation, which tax shall not exceed one and three fourths per centum per annum on the assessed value of all property, with not to exceed ten per centum on the amount of such tax additional thereto, as a penalty on all delinquent taxes; provided^ that they shall have further power, when in their opinion it may become necessary and expedient, to levy an additional tax, not to exceed five cents on .each and every one hundred dollars valuation of all property, for the contin- uous maintenance of the public schools of said town, said tax to be' collected at the same time and in the same manner as other taxes in this Act provided for. Third — To lay out or extend, open, alter, or repair all streets and alleys, and provide for opening, grading, widening, drain<^ ing, cleaning, and lighting, or otherwise improving the same. Also, to provide for the construction, repair, and preservation and cleaning oif all sidewalks, crosswalks, bridges, sewers and drains. To prevent obstructions being erected or placed in any of the streets, alleys, or sidewalks, or the use of any sewers or drains as cesspools, and for the removal of the same. To com- pel the owners of lots and property to bear the expense of erecting sidewalks, or improving the road or streets in front of the same, by special tax or otherwise. To condemn property for the use or benefit of the town, in the following manner: The Board of Trustees shall appoint one referee, and the owner or owners of the property to b^ condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of them, shall be final and binding upon the parties, unless the person or persons aggrieved by the decision of such referees, shall appeal from such decision or valuation to the District Court of the First Judicial District within thirty days after notice of such valua* tion shall have been served on him or them. SIXTH SESSION. 81 Fourth — To provide for the prevention and extinguishment of Powers of fires; also to organize, regulate, establish, locate, or disband fire TrusSos. or. hose companies. Fifth — To regulate the storage of gunpowder, and other ex- plosive or other combustible material. Sixth — To prevent and remove nuisances; also, to determine what are nuisances. Seventh — To employ policemen, and prescribe their duties and compensation, and provide for the regulation and government of the same. Eighth — To fix and collect a license tax on and regulate all theaters, circuses, shows, billiard tables, bowling alleys, and all other exhibitions and amusements. Ninth — To fix and collect a license tax on bar-rooms, hurdy- gurdy houses, and public dance houses; on auctioneers, hawk- ers, peddlers, and all dealers in liquors; on all drays, job wagons or carts, or any other public vehicle running within the limits of said town for hire; also to fix and collect a license tax on all trades and business not heretofore specified or enumerated, •having due regard to the amount of bttsiness done by each person or firm so licensed. Tenth — To license, tax, and regulate, prohibit, and suppress, all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers, and pawnbrokers, gambling houses, disor- derly houses, and houses of ill fame; provided^ however, that nothing in this section of this Act contained, shall be construed as granting power to suppress gaming when the same shall have been authorized by license, issued by proper authority, pursuant to the provisions of an Act entitled "An Act to restrict gaming," passed March fourth, one thousand eight hundred and sixty-nine, or any Act amendatory thereof. Eleventh — To levy and collect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs^ or the running at large of goats or cows within the corporate limits of said town. Twelfth — To provide for the issuance of licenses before named, for such terms and in such sums as they may consider best; provided, that the several kinds of business or occupation to be licensed, shall be classified by ordinance, in two or more classes, with a specific or certain rate of license provided for each class, and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee, shall be printed and numbered. Thirteenth — To provide all necessary buildings for public use of said town. Fourteenth — To establish a Board of Health, and define their powers and duties; to prevent the introduction or spread of disease, and to provide for the Indigent. Fifteenth — To prevent and restrain any riot or riotous assem- blage or disorderly conduct, and to prohibit and suppress the 11 82 LAWft OV NlVAIti, PoweM of Board of TruBtees. To issue bonds. Redemp- tion Fund. Contingent Fund. Kedemp- tion Fund. Payments out of, how made. Proposals. Proposals to surren- der indebt- edness. sale of spirituous or malt liquors or wines on any day of munici- pal, county, or general election. Sixteenth — To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth — ^To determine the duties and fix and establish the fees, salaries, compensation, and emoluments of all officers and employes of said town; provided, that the Trustees shall not receive, or be entitled to receive, for their services as such, any sum whatever. Eighteenth — To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause by a vote of four fifths. Nineteenth — To make all necessary contracts and agreements for .the benefit of the town; and to contract debts on the faith of the town, but t\o debt shall be contracted, or liability incurred, except on a cash basis. To issue and sell bonds bear- ing interest at a rati not to exceed twelve per centum per* annum, for the purpose of creating a Contingent Fund for cijr- rent expenses, or for the purpose of paying, retiring, and cancel- ing any bonds or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of forty thousand dollars* Twentieth — The said Board of Trustees shall not create a debt against the town for' printing, in a greater .sum than five hundred dollars per annum. Seg. 17. One half of the revenue arising from the collection of taxes, as provided in the second subdivision of section six- teen of this Act, shall be set apart as a Redemption Fund, which Fund sha41 be used exclusively for the payment of the outstand- ing indebtedness of the town, in the manner hereinafter in this Act provided. The remaining one half of said revenue, together with all revenue derived from licenses, fines, and other sources, shall be set apart as a Contingent Fund, and used to defray the current expenses of the town. Sec. 18. No money shall be paid out of the Kedemption Fund except by order of at least four members of the Board of Trus- tees, and in the manner by them directed; and it shall be their duty, from time to time, when there shall be, in their judgment, a sufficient sum of money in the Eedemption Fund, over and above the interest accrued or shortly to accrue on bonds out- standing, to give notice for at least five days, by publication in a newspaper published in Storey County, that sealed proposals, directed to the President of the Board of Trustees of the Town of Gold Hill, will be received until a day and hour stated in such notice iov the surrender of warrants, bonds, or other legal evidences of indebtedness of said corporate body, known as " The Town of Gold Hill." Sec. 19. At the expiration of the time named in said notice, the Board of Trustees shall meet and open such sealed pro- posals, and they shall accept the lowest and best bids or pro- posals for the surrender of said evidences of indebtedness speci- 8IXTB SESSION. 88 fied in the preceding section of this Act; bat no bid or proposal Same, to surrender any such evidence of indebtedness at a higher rate than par value shall ever be accepted. Whenever any bids or proposals are accepted, the Clerk of the Board shall make a record in the journal of proceedings, describing the warrants or bonds, or other written evidence of indebtedness, to be redeemed, specifying the face or par value of the same, also the amount to be paid therefor, together with the number and date of issue, and such legal evidence of indebtedness shall be, by a vote of the Board, ordered paid; and soon as paid the Clerk shall cancel the same, by writing in red ink, across the face of the same, the words " Redeemed by payment of the sum of dollars, in coin, this day of , 18 — ," which sum shall be paid out of the Eedemption Fund; and all such evidence of indebtedness shall be filed away and preserved by the Treas- urer. Seo. 20. All legal claims or demands whatsoever existing or what in- outstanding against said Town of Gold Hill, at the time of this f^l^i^"^ Act going into effect, may be purchasable as provided in sec- purchased tions eighteen and nineteen of this Act, and paid out of said demotioii Eedemption Fund. ^^^ Sec. 21. All ordinances, contracts, or agreements passed or How made, and all bonds, warrants, or other evidences of indebted- TOntraoSf' ness issued, by such Board of Trustees, shall be held invalid bonds, uid unless signed by the President of said Board, and countersigned lobe*" by the Clerk. signed. Seo. 22. Whenever there shall be more than sufficient money Transfer in the Contingent Fund to pay the current expenses of the town, coSingent the Board of Trustees shall have power to transfer a portion t? B.edemp- thereof to the Eedemption Fund, to be used as is by this Act ^^^^ ^^ ' provided for other moneys in said Fund. Sec. 23. The Board of Trustees shall make out and publish, statements for at least three days, in a newspaper published in Storey ^^ ^"*®**'' County, in the months of January, April, July, and October of each year, a full and detailed statement of the receipts and dis- bursements, from What sources received, and for what purpose paid out, during the three months next preceding such report. Sec. 24. It shall be the duty of the Board of Trustees to Aooonnu- provide for the accountability of all officers or employes elected Officers to or appointed under this Act, to whom the receipt or expend- be secured, iture of any of the funds of this corporation may be intrusted, by requiring of each of them sufficient security for the faithful and honest performance of their respective duties; and in case of neglect or refusal on the part of any of such officers or em- ployes to furnish such security, to the satisfaction of said Board, within ten days after notice of such requirement, the said Board of Trustees may discharge such officers or employes, and pro- ceed to appoint some other person to fill the place. Sec. 25. It shall be the duty of the Marshal to enforce the Daties of due obedience of the ordinances made by the Trustees, to per- M»"*»»i* form the duties of Assessor when an assessment shall be made, To act as tb collect the taxes levied by said Board, to act ex officio as eI^^qIo Chief of Police, and perform such other duties as shall be by chief of said Trustees presorilbed. It shall be his duty to collect all ^ ^' licenses due the town, and all other moneys or revenue due or 84 LAWS OT NE^^'ADA, To collect licenses and other revenues. Assessment and collection of taxes. Tax deeds. Duties of Treasurer. Board to provide for assessment and collection of taxes. Duties of Clerk. to become due, and to pay tbe same over to the Treasurer. The time and manner of such assessing and collecting shall be such as the Trustees, by ordinance, may prescribe. Sec. 26. Eeal and personal property may be sold for taxes due said town, by the Marshal. The manner of assessing and collecting taxes shall be prescribed by ordinance, and title upon salfe of property for taxes, either real or personal, or mixed, shall vest in the purchaser, to be provided for by ordinance. The Marshal shall, upon sale of real property for taxes, exe- cute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all Courts in thi& State as prbna facie evidence that the grantee or grant- ees named in said deed, or his or their successors in interest, have a good and legal title to the premises described therein; and possession of such property may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. Sec. 27. It shall be the duty of the Treasurer to receive all moneys derived from any source for the benefit of said town, and he alone shall disburse the same on proper warrants or orders of the JBoard of Trustees. He shall keep an accurate and full account of all receipts and disbursements, and furnish the Board a full statement of the same whenever required, and his books shall be kept posted and subject to the examination of any member of the Board. All warrants and orders drawn on the Treasurer shall specifically show on their face for what service or indebtedness they are drawn, and on what Fund; and shall be paid in the regular order of registration on the Treasurer's books. The Treasurer shall perform such other duties as may be prescribed hy ordinance or resolution of the Board. Sec. 28. The Board of Trustees shall make suitable provis- ion, from time to time, for the assessment and collection of taxes and licenses and all other revenue due, or to become due, to said Town of Gold Hill, and the person or persons charged with the collection of such revenue shall pay all moneys by him or them collected, after deducting the percentage allowed by ordinance or resolution for collection, at least once in each week, to the Treasurer. The time and manner of assessing and collecting shall be such as the Board of Trustees may by ordinance prescribe. Sec. 29. The Clerk shall keep the corporate seal, books, and papers belonging to the town, and file all papers belonging to the town, in his office, under appropriate heads; attend all meetings of the Board of Trustees, and keep an accurate jour- nai of their proceedings, including a record of all ordinances, by-laws, or resolutions passed or adopted by them, which jour- nal shall, after approval at each meeting, be signed by the President of the Board. He shall also countersign and affix the corporate seal to all bonds or warrants issued in pursuance of the ordinances or resolutions of the Board. He shall num- ber and countersign all licenses, which licenses shall be printed, showing on their face the class of license, with marginal stabs attached and stitched together in books, each book containing an equal number and of one class only. He shall be the custo- SIXTH SESSION. 85 dian of the blank licenses, and shall deliver from time to time such number thereof to the person authorized to collect license as the Board may direct, charging him therewith at their face or representative value, and giving him credit at the same rate for so many thereof only as he may return at time of settle- ment of his account. The Clerk shall also keep an accurate account of all bonds issued, and all warrants and orders drawn on the Treasurer, in such manner that the Board can at any . time readily ascertain the actual outstanding indebtedness; and perform such other duties as may be required by the Board. Sec. 30. Upon the passage of ordinances, or of any resolu- Yeas and tion appropriating money abolishing licenses, or increasing or ^^^^ reducing the rates of licenses, the yeas and nays shall be called, and entered in the journal. Sec. 31. The style of all ordinances shall be "The Board of style of Trustees of Gold Hill do ordain." All ordinances shall be pub- ordinance, lished for one week in a newspaper published in Storey County, prior to going into effect. Sec. 32. Civil actions may be brought in the name of " The How Town of Gold Hill," in any Court of competent jurisdiction, b^*brouSht. and actions for the violation of any ordinance of said town may be brought before any Justice of the Peace having juris- • diction within the corporate limits of said town, and fines im- posed by such Justice may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the tov^n jail, at the rate of one day for each two dollars of such fine and costs, or said Justice may, in his discretion, adjudge and enter upon his docket, an order that such offender shall work on the streets or public works, at the rate of one day for each two dollars of such fine and costs, until the same be so exhausted, or otherwise satis- fied; provided^ however^ that appeals may be taken from the Appeals, judgment of such Justice for the violation of ordinances to the Court of the First Judicial District, in the manner provided by law for appeals from Justices' Courts in criminal actions; and. Venue. provided, further, that in the trial of offenses for the violation of town ordinances, no change of venue to any Justice's Court beyond the limit of said town corporate shall be granted. OEC. 33. Any Justice of the Peace within the corporate Justices* limits of said town shall be entitled to such fees, in the trial of ^®®*' cases arising out of violations of ordinances passed by the Board of Trustees, as said Board may by ordinance determine. It shall be the duty of such Justice to report to the Board at Reports by their first regular meeting in January, April, July, and October, ^^^^^ of each year, which report shall show, in detail, the number of oases tried, the names of the defendants, the amount of fine imposed, the sura of money received in payment of such fine, the amount paid out for fees in the case, and to whom paid, and the balance remaining on hand, which balance he shall pay over at the close of each quarter year to the Treasurer, taking his receipt therefor, which receipt shall accompany his report to the Board of Trustees; and his docket of such cases shall always be open to the examination of said Board, or a com^ mittee thereof. 86 LAWS OF NIYAIU, Town Sec. 34. The attorney for the town, whenever one may be gwornoya appointed, shall receive, or be entitled to receive, such fees, either contingent or fixed, as the Board may determine; pro^ videdy in the prosecution of suits in Justice's Court for the col- lection of delinquent taxes, the attorney's fees shall not exceed the sum of seven dollars and fifty cents in each case. Vacancy in Sec. 35. If any officer of said town shall remove his resi- movaf^ dence therefrom, or absent himself ibr more than thirty days absence, without leave from the Board of Trustees, his office shall be . declared vacant^ and the vacancy shall be filled as in this Act provided. Present Sec. 36. The present officers of the Town of Gold Hill shall remain^ remain in office until their successors shall be elected or ap- offioe. pointed and qualified, as provided and required in this Act; and nothing in this Act contained shall be construed as repealing, or in any manner aflPecting the force or validity of any ordi- nance or resolution now in force, nor as affecting the validity of any debt, liability, or contract now existing. All debts or liabilities contracted or incurred, either by the present Board or any former Board of Trustees, for which the faith and credit of the town has been pledged, or bonds or warrants, or other written evidences of indebtedness, have been issued, are hereby by this Act legalized and made valid liabilities against the said town. Corporate Sec. 37. All property, whether real or personal, acquired in iteeeteand ^^^ name of, and for the benefit of, said town, by virtue of any gw^ysto former Act of the Legislature, or by any act or ordinance of controi^and any Board of Trustees, shall be the property of the corporate lYfi^rdT" ^^^y created by this Act, and known as " The Town of Gold Hill." All streets, alleys, or avenues within said corporate town, laid out and platted in an official map of said town, drawn by George Hunt, C. E., in the year one thousand eight hundred and sixty-three, or in the official map of said town drawn by John Ostrom, C. E., in the year one tjiousand eight hundred and sixty-four, are hereby declared to be open and public streets, and exclusively under the control and jurisdic- tion of the Board of Trustees. ^5alal7of Sec. 38. The salary of the Marshal shall not exceed, inelud- Marshfti. j^g compensation for assessing and collecting town taxes and licenses, the sum of two thousand five hundred dollars ($2,500) per annum. Acts Sec. 39. An Act entitled " An Act to incorporate the Town repeal ^^ Gold Hill," approved December seventeenth, one thousand eight hundred and sixty-two; an Act entitled "An Act to amend an Act entitled ^An Act to incorporate the Town of Gold Hill,' approved December the seventeenth, one thousand eight hun- dred and sixty-two," approved February eighteenth, one thou- sand eight hundred and sixty-four; " An Act to incorporate the Town of Gold Hill," approved March seventh, one thousand eight hundred and sixty-five; an Act entitled "An Act to amend an Act entitled *An Act to incorporate the Town of Gold Hill,'^ approved March seventh, one thousand eight hundred and sixty- five," approved February twenty-fourth, one thousand eight hundred and sixty-six; also, an Act entitled "An Act to pro- vide for the payment of outstanding indebtedness of the Town aiKTK SKSSION. 87 of Gold Hill, Storey County," approved March ninth, one thou- Same, sand eight hundred and sixty-five; an Act entitled "An Act to provide for the outstanding indebtedness of the Town of Gold Hill," approved March third, one thousand eight hundred and aixt;^Bix; an Act entitled "An Act to incorporate the Town of Gold Hill," approved February twenty-fifth, one thousand eight hundred and sixty-nine; an Act entitled "An Act to incorpo- rate the Town of Gold Hill," approved March third, one thou- sand eight hundred and seventy-one, and each and every pre- ceding Act relating to. the incorporation of Gold Hill, are hereby repealed. Sec. 40. This Act shall go into effect on the first day of May, When Act Anno Pominl eighteen hundred and seventy-three. effeot.^ ■**i Chap. XXIX — An Act to fund the hospital debt of Washoe County , and to provide for the payment of the same. [Approved Februftry 24, 1878.] The People of the State of Nevada, represented in Senate and As* sembly, do enact as follows: Section 1. The Eoard of County Cotnraissioners of Washoe Tax to be County, are hereby authori;eed and empowered to levy and coU ^^^^^' led annually, until the entire delft of the HoBpital Fund of said county, now outstanding, shall have been paid, a tax of not to exceed one eighth of one per cent upon the assessed value of all the property, real and personal, within the boundaries of said Washoe County, for the purpose of creating a Fund to be ap- plied in payment of the present indebtedness of the said Hos- pital Fund of Washoe County. Sfio. 2. Said tax sha-U be assessed and collected in the same Tax to be manner, and subject to the provisions of the general laws for J^*|^®^ the assessment and collection of taxes, and assessed and col- collected in lected at the same time, and by the same officers who assess and She?State collect State and county taxed, and shall be paid over to the faxe?*"^^ County Treafi^ure^ of Waaho© County. The moneys so assessed, Proceeds collected, and paid, shall be kept by the County Treasurer in a ^idinto separate Fund, to be known as the Hospital Eedemption Fund; S^^y^^ and no moneys shall be paid out of said Fund except as herein- tion^nd. after provided. ' Sec. 3. Whenever at any time there shall be in said Eedemp- Payments tion Fund, five hundred dollars, or over, it shall be the duty of gjjgp^^i the County Treasurer to give one week's notice, by publication Redemp- in some newspaper published in the County of Washoe, that how mJSel sealed proposals directed to him, will be received for the sur- Treasurer's render of the certificates of indebtedness of the said Hospital Fund, and that said sealed proposals will be received by him Sealed until the next regular or adjourned meeting of the Board of ^'®^^*^' County Commissioners of said county thereafter; and at the time for the first meeting of the said Board thereafter, such 88 LAWS or NEVADA, Treasurer to attend meeting of Board. Accepted bids,now paid. Redeemed certificates of indebt- edness to be canceled. Balance of Fund to be transferred to General Fund. Act to take effect. Board, together with the County Clerk and Treasurer, shall . attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of the certificates of indebtedness of said Hos- pital Fund. No bid for more than par value shall He so accepted, nor unless accompanied with the certificate or certifi- cates of said hospital indebtedness. That shall be considered the lowest bid which offers the largest amount of evidences of indebtedness, in par value, for the smallest amount of money. The County Treasurer shall return all unaccepted bids, to- gether with the certificates of indebtedness therein contained, to the owner, on demand. Sec. 4. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the cer- tificate or certificates of indebtedness to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respect- ive offices; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the certificates of indebtedness designated in the accepted bid or bids, and pay for the same out of the said Hospital Redemption Fund aforesaid; and all certificates of indebtedness so redeemed shall be canceled by the County Treasurer, by writing across the face thereof the words (in red ink), "Purchased and re- deemed," adding thereto the time when the same was so re- deemed, the amount paid therefor, and sign the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the Treasurer in the settlement of his accounts. Sec. 5. Whenever it is ascertained that all the indebtedness of the said Hospital Fund, as provided in this Act, shall have been redeemed and paid, it shall be the duty of the Board of County Commissioners to order, and the County Treasurer to transfer on such order, the balance of money remaining in said Hospital Eedemption Fund to the General Fund of the county, and notify the Auditor of the amount so transferred, and the time of the transfer; which amount shall become a part of and belong to the General Fund of said Washoe County. Sec. 6. This Act shall be in force and take effect from and after the first day of April, eighteen hundred and seventy-three. SIXTH sBssiaif^ 89 Chap. XXX. — An Act to provide for transferring and replacing money of certain Funds of Washoe County, [Approved February 24, 1878.] The People of the State of Nevada^ represented in Senate and As^ sembly, do enact as follows: Section 1. The County Commissioners of Washoe County Transfer are hereby authorized to transfer from the Building Fund of BuUding said county, to the Indigent Sick Fund of said county, so much ^un.'ito of the surplus money now in the Building Fund, or that may sick^lund. hereafter come into said Fund, as may be required to place said Indigent Sick Fund on a permanent cash basis, and to replace the same out of any money which may hereafter come into said Indigent Sick Fund. Sbc. 2. The County Commissioners of Washoe County are Transfer hereby authorized, and it shall be their duty, to transfer any i'nvemor, by the fol- lowing vote: Teas, 17; nays, 7. FRANK DENVER, President of the Senate. Ohas. F. Bickvell, Secretary of the Senate. This is to certify that Senate Bill number twenty-three, '* An Act relative to the sureties on the official bond of Eben Rhoades, late State Treasurer of the State of Nevada,'* passed the Assembly February twenty-sixth, eighteen hun- dred and seventy-three, notwithstanding the objections oi the Governor, by the following vote: Yeas, 85; nays, 11. JOHN BOWMAN, Speaker of the Assembly. A. Whitfobd, Clerk of the Assembly. Chap. XXXIX. — An Act to regulate marks and brands of stock. [Approved February 27, 1873.] The People of the State of Nevada, represeixted in Senate and As- sembly ^ do enact as follows: SsoTioN 1. Owners of boraes, mules, cattle, sheep, goats, or Marks tad hogs running at large, must have a mark or brand, and counter- ^J^J^te^^ brand, different from any one in use by any other person, so far brands, as may be known. Sbo. 2. Every such owner shall record with the Becorder of Marks, his county, his mark, brand, and counterbrand, bv delivering ^^* to said Becorder his mark, cut «pon a piece of leather, and his ^^ brand and coonterhrand burnt upon it, and the same shall be tJbe kept in the Bieoordex^s offieetia certified gqpy thereof made by noordod. 100 LAW0 OV NBTABA, Fees for recording. Recorder nei^lect the Becorder, with the seal of his office attached thereto, shall be deemed evidence on the trial of any action in a Court of competent jurisdiction, as to the ownership of all animals legally marked or branded as hereinafter provided. The Re- corder shall enter in a book to be kept by him for that purpose, a copy of said marks, brands, and counterbrands, provided that such Eecorder shall bo satisfied that such brand and counter- brand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, or as far as his knowl- edge extends, is different from any other in the State. For recording the mark, brand, and counterbrand, and transmitting the same as hereinafter provided, the Recorder shall be entitled to demand and receive two dollars. Sec. 3. It shall be the duty of every Recorder in this State transoiptlf ^ transmit to the Recorders of the adjoining counties, a tran- etc. ' script of all the marks, brands, and counterbrands recorded in his office, which shall be filed by any such Recorders in their offices, and reference thereto shall be made in every case of application for the record of marks and brands under this Act. Penalty for Seo. 4. Any Recorder knowingly and willfully neglecting or refusing to comply with the provisions of this Act, shall forfeit and pay for every such neglect or refusal, any sum not less than twenty-five nor more than one hundred dollars, to be recovered before any Justice of the Peace of said county where such neglect or refusal may occur, by any person suing there- for, together with all costs and damages that may occur by such neglect or refusal. Sec. 5. Every person shall brand his horses and mules, and branded.^* mark and brand his cattle before they are twelve months old, and mark his sheep, goats, and hogs, before they are six months old. On the trial of an action as provided in section two of this Act, to recover possession of any animarl which is marked or branded as provided in this Act, the mark and brand shall be primary evidence that the animal belongs to the owner or owners of the mark or brand, and that he, she, or they were entitled to the possession of the said animal at the time of the commencement of the action. Sec. 6. No person shall use more than one mark, brand, or connterhrsiud ; provided, however, this shall not extend to those persons who are the owners of more than one ranch or farm. Sec. 7. If any person shall use any mark, brand, or counter- brami^t^ brand other than the one recorded by him, except by , the con- sent of the owner of such other mark, brand, or counterbrand, he shall be liable to forfeit and lose to any person suing there- for, the stock so marked or branded with any other than his proper mark or brand recorded by him. Certain Sec. 8. No person shall be allowed to use a mark by cutting Sohijited. o^' ^^© ©a^, or by cTittidg the ear ob both sides to a point; all ' persons wbq may-have nbw each mafiks, shall be obliged to alter them with respect to the cattle, sheep, and hogs they may luave to mterk, aftidr the passage of this Act. Sbo. 9. No mark, brand, or oounterbrand shailbe considered as lawful if not recorded as specified in this Act; and- all per- isons seilifig or disposing of any (»Mle whitih are not intended rtiSofcUng. fdr filadtgbter^ or ^ainy honses, maires^ mules, jacks, or jennies ^ To be recovered before Justice of the Peace. Stock, Brand or mark in evidence. Person to have but one mark, brand, or counter- brand. Proviso. Penalty for one recorded. No mark, brahd, or «ounter- brand lawftil without '••-•, SIXTH SS8BI0V* 101 shall be required to counterbrand them on the shoulder, or give Counter- , a written descriptive bill of sale, and any person failing to so or Mii*of counterbrand' said animals, or giye such written bill of sale, J*^^^®** shall lose all benefits of this Act, and all rights to use said brand ^^ as evidence in any Court, under this Act. Sbo. 10. If any person who, with the intent to defraud, or will- A/oiony to fully mismark or misbrand any stock not his own, or kills any Saisbrand*' stock running at large, whether branded, marked, or not, shall, t^gf^?'|j*^ on conviction thereof, be deemed guilty of felony, and shall be running at punished by imprisonment in the State Prison for a term not penalty. less than six months nor more than five years. Sec. 11. This Act shall take effect from and after the first Act to day of May, eighteen hundred and seventy-three. **^® *^ Chap. XL. — An Act to amend an Act entitled, " An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto" approved March eighth, eighteen hundred and sixty-nine. [Approved February 27, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section five hundred and eightj?'-two of said Act is hereby amended so as to read as follows: Section Five Hundred and Eighty-two. All causes appealed Causes to to the District Court shall be tried anew in said Court, ane".^ and said Court may regulate by rule the practice in such cases in all respects not provided for by statute; provided, Costs of that the appellant shall in no case recover from respondent JJJSst the cost incurred on appeal, unless he recover in the Dis- appellant trict Court a judgment more favorable to himself than the Jeooyering judgment appealed from, but shall, unless he recover in the f^^o^a^i^ District Court a judgment more favorable to himself than the judgment, judgment appealed from, pay the costs of respondent on appeal; and if such judgment be a money judgment in favor of appel- lant, and of sufficient amount to cover respondent's costs, such costs shall be deducted from said judgment; and in all other cases respondent shall have judgment against the appellant for the amount of his costs so incurred; provided, that whenever Satiafac- the Judge of the appellant Court shall be satisfied from the evi- jJdge as to dence that the appellant had reasonable grounds for his appeal, ujlJJJJ** and that such appeal was taken in good faith for the sole pur- appeal. pose of promoting the ends of justice, such Judge may then order such costs to be taxed against the respondent, or may apportion the costs between the parties in such manner as will be just. 102 LAWS OV NXVABA, Chap. XLI. — An Act to apportion the payment of the salary of the District Judge of the Fifth Judicial District between Churchill and Nye Counties. [Appioyed Febroaiy 27, 1878.] The People of ihe State of Nevada^ represented in Senate and As- sembly^ do enact as follows: Salary Seotion 1. Hereafter^ Churchill CouQtj shall pay fourteen JnoM of Fifth District. jadM hundred dollars of the salary of the District Judge of the Fifth of Fifth Judicial District, comprising Churchill and Nye Counties; and Nye County shall pay twenty-two hundred dollars thereof. Chap. XLII. — An Act to amend an Act entitled ^^An Act concerning wills" approved December nineteenth, eighteen hundred and sixty- two. [Approved February 27, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Seotion 1. Section two of said Act is hereby amended so as to read as follows: Witif of Section Two. Any married woman may dispose of all her sep- women? A^ate estate by will, absolutely, without the consent of her hus- band, either express or implied, and may alter or revoke the same in like manner as a person under no disability may do. Her will must be attested, witnessed, and proved in like manner as all other wills. Chap. XLIII. — An Act to amend an Act entitled *^An Act to provide for the incorporation of religious, charitable, literary, scientific, and other associations,'' approved March second, one thousand eight hundred and sixty-seven. [Approved February 27, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as folloios: Section 1. Section two of said Act is hereby amended so as to read as follows: Gertifieate Section Two. Upon the appointment or election of such Trus- of S^rtoM ^^^^ ^^ Directors, a certificate of such appointment or election and shall be executed by the person or persons making the appoint- Directors, j^^^j^^^ ^^j, ^^q Judges holding the election, or the Secretary of SIXTH • SSSSION. lOS the association or society, stating the names of the Trustees or Namos of Directors. The name by which the association or* society shall Direot^^' thereafter forever be called and known shall be particularly ^<>^°^? ?f ,. J J .« J ^ . ' association mentioned and specified. or society. Chap. XLI V. — An Act for the relief of B, Webber and D. B, Collins. [Approved February 27, 1873.] The People of the Staie of Nevada, represented in Senate and As^ sembly, do enact as follows: Section 1. The sum of fifteen hundred dollars is hereby ap* Appr<9ri»- propriated out of the General Fund not otherwise appropriated **^'* "'^•' for the payment of B. Webber and D. B. Collins for medical attendance upon Isaacs, who was wounded in the emeute from the State Prison, on the seventeenth day of September, A. D. eighteen hundred and seventy-one. Sec. 2. The Controller of State is hereby authorized and Controller required to draw his warrant in favor of E. Webber and D, B. wamSt.^ Collins, conjointly, in full satisfaction of the above named claim, and the Treasurer of State is hereby required to pay the same. Chap. XL 7. — An Act for the government and maintertdnce of the State Orphans' Rome. [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The administration of the State Orphans' Home Board of shall be under the control of a Board of three Directors, to i^irectora. consist of the Superintendent of Public Instruction, Surveyor General, and State Treasurer. They shall elect from their President number a President and Secretary. They shall be known by IS^retaiy the name and style of the Directors of the State Orphans' o^ Board. Home. Sec. 2. The Directors shall have full power to manage and Powers and administer the affairs of said Home, to make bylaws for their D^^ton. own govern nient and the government of the Home; provided, that they are not repugnant to the laws of the United States or of this State. They shall cause to be kept a record of Record of their proceedings, which shall at all times be open for the f^*®*' inspection of a' committee appointed by the Legislature; they shall submit to the Legislature, during the second week of each Report to session, a biennial report, showing the amount of receipts and {J^Jj^ expenditures, the condition of the Home, the number of orphans 104 LAWS OF NEVADA, Power to erect 'boildings. To appoint Superin- tendent and Matron. Aoconnts a^inst the ome. Oontroller to draw warrant Salaries of Superin« tendent, etc Directors to inform Trusteee of Nerada Orphan Asylum. Orphans declared wards of the State. Whole orphans adimitted by order of District Court or Judfife, pro- ceedings to have. ProTiso. and half orphaos admitted and discharged during the interval between the'^regalar sessions of the Legislature; they shall Mave power to erect such additions to the building occupied as the Home (with the appropriations made biennially for its sup- port) as may be necessary for the proper care and accommoda- tion of the inmates; to appoint a Superintendent and Matron, who shall be man and wife, and a teacher, who shall reside at the Home, and have charge of the educational department — said teacher to be duly qualified as is now provided under the State School Law. The Directors shall also have power to employ all other suitable persons necessary to conduct the ajQfairs of the Home. Sec. 3. All accounts and demands against the State Orphans' Home shall be examined and approved by the Board of Direct- ors before going before the State Board of Examiners, and when allowed by the Board of Examiners, the Controller of State shall draw his warrant on the State Orphans' Home Fund for the amount. Sec. 4. The salary of the Superintendent and Matron shall not exceed in the aggregate two thousand dollars per annum, nor that of the teacher one thousand dollars per annum, nor that of the Secretary three hundred dollars per annum. Sec. 5. It is hereby made the duty of the Board of Direct- ors to inform the Trustees of the Nevada Orphan Asylum that they will receive all orphans in their charge, now maintained in any manner by the State, and will bear all the necessary expenses in their removal, at any time when desired by the Trustees of» said Nevada Orphan Asylum. Sec. 6. It is hereby determined and declared that all orphans duly admitted to the State Orphans' Home thereby become the wards of the State of Nevada, and are entitled, under the pro- visions of this Act. to the care, protection, and guardianship of the State of Nevada; and it is further determined and de- clared that the State of Nevada, for the care, protection, and guardianship of all such wards, is entitled to their services as herein provided, and has the right to train and educate them for useful places in society, and that such rights of the State are superior to the claims of any and all relations or persons, resident or non-resident. Sec. 7. Upon the application, in writing, of any citizen of the State of Nevada, in behalf of any whole orphan, to the District Judge of any county, showing such orphan to be the child of parents who (or either of them) at the time of decease were resident citizens of the State of Nevada, and that the condition of said orphan is such that it would be for his or her best interest to be admitted to the State Orphans' Home, and giving the name and place of residence of the nearest relation of such orphan, resident in the State of Nevada, such application being verified by the oath of the party making it, the District Judge, sitting either in chambers or as a Court, shall issue a citation, to be served, respected, and enforced as are other judicial writs, commanding applicant to be and appear before him, at a time and place to be specified, not less than five days thereafter (provided, said District Judge may, in his discretion, shorten the time), and make proof concerning the matter in the application set forth^ SIXTH SESSION. 105 and a notice of the hearing shall be given in like manner to tho Party hav- nearest relation of the orphan, resident in the State; at the same oforphM^ time the Judge shall cite the party having the control or cus- be cited, tody of said orphan to bring him or her before the Jadge on the date of hearing. On the day of the hearing the Judge or Court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him, and shall examine said orphan separate and apart fVom all persons, and if the Judge or Court determines that it is for the best interests of such orphan and of the State that he or she shall be admitted to the privileges of the State Orphans' Home, he shall make an order to that effect, and direct the Sheriff or some other suitable person to convey or have con- veyed said orphan to said Home, accompanied by a copy of the order of the Court, and delivered to any member of the Board of Directors of said Home. Any whole orphan under the age of ten years need not be brought before such Judge or Court on the day of hearing mentioned; but on application, in writing, as hereinbefore set forth, of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the Judge, be omitted. The expenses Expense to of the proceedings herein provided for, and of the transporta- ch^ge^""^ tion of orphans to the Home, shall be a county charge. Seo 8. All orphans admitted to the State Orphans' Home, Orphans shall, under the direction of its Board of Directors, be taught Educated, the usual branches of an English education, and the male or- and teught phans shall be taught useful trades and occupations, and trades uid engaged in useful employment, as the Board of Directors shall o«J«pa*ioM order. The female orphans shall be taught the useful occupa- tion of housewifery, and such other useful occupations as the Board of* Directors may provide. All labor and occupation shall be fitted to the capacity and best ability of the orphan, as the Board of Directors may determine. Sec. 9. Upon complying with the requirements of this Act, Orphans all orphans under fourteen years of age may be admitted to SJder^fwir- the State Orphans' Home; and for the purposes of this Act, the teen years, age of majority for all orphans that are or may be wards of the Age of State, shall be eighteen years. migority. Sec. 10. If during the wardship of any orphan in said Home, Escaping he or she shall escape or remain absent fVom said Home without b?^Miap^ consent of due authority, it shall be lawful and it is hereby tuxed, made the duty of the Board of Directors, and such officers' as they may empower, to pursue and capture such ward and re- turn him or her to the Home; and they are hereby empowered, Action may in the name of the State of Nevada, vith the consent of the *>«»'«>««^*- Attorney General, to bring and maintain a summary action at law, or to sue out a writ of habeas corpus to recover and detain any escaping orphan from such Home. And in case any orphan Board to in said Home shall be or become possessed of property, it shall JFi^pro-"* be the duty of said Board of Directors to appear in any Court «^i?8« or proceeding for the purpo8e of having appoit>ted a proper ^'pl^ guardian of the estate of such orphan, and at all times to ap- ®^ ^"^ 14 106 LAWS or NXYADA, pear, answer for, and represent said orphan for the protection and care of such property. Board of Sec. 11. Whenever said Board shall deem it for the best m^dUi" interest Of any orphan in said Home, or of the State, they may a**ron5'^ discharge any orphan therein; and they are hereby empow- orphan. ^* ered, whenever they may deem it meet and proper, to appren- tice any orphan in said Home to the head of any family, or to any^person carrying on a useful and proper business; but in all such indentures of apprenticeship the Board shall reserve the power to themselves at any time to cancel the same, and reclaim said orphan to the Home whenever in their judgment the best interests of said orphan and the State shall demand. Half. Sec. 12. Nothing in this Act shall be construed to prevent mj?"e ^^^ Board of Directors, at their discretion, from receiving any admitted, half orphan from its living resident parent into said Home upon such terms and under such contract as said Board nuvy determine; and they may require the living parent of any half orphan so admitted to contribute such sum to its support as they may determine. Half Sec. 13. Half orphans admitted to the Home are hereby ward^^of declared and adjudged to be wards of the State as fully as the state, whole Orphans, subject only to such conditions of admission as may be fixed by the Board of Directors. Orphan to Sbo. 14. The Board, on the certificate of the District Judge to pSentor o^ ^^^ county from which any orphan or half orphan was sent, ^^nT^etent ^^** *^® parent or guardian is competent to resume the guard- tomfpport. ianship of such orphan, shall release said orphan, and returii him or her to such guardian, and such guardian shall be re- quired to pay all the expenses incident to the removal and return of such orphan to his or her guardian. Estimates Seg. 15. It shall be the duty of the Superintendent and Ma- nished'by ^^^^ ^o furnish, on the first Monday of each quarter of the Stt^rin- year, to the Board of Directors, an estimate of all stores, sup- andMatroD plies, and fuel required for the use of the State Orphans' Home Diwwtow?^ for the next ensuing three months. The said estimates shall state the kind, quality, and amount of such stores, supplies, and fuel, and shall be filed in the office of the Secretary, always subject to examination. Notioeof Sec. 16. The Board of Directors, upon the receipt of said ^]?SuwJfie8 estimate, shall give notice by advertisement, in one daily paper in Ormsby County, for six days, that sealed proposals will be received tor furnishing to the State Orphans' Home the amount, quality, and kind of stores, supplies, and fuel, contained in the quarterly estimate now on file in the office of the Secretary of the Board of Directors of the State Orphans' Home. Duties of Sec. 17. The Board of Directors and Secretary are hereby DirTOtors directed to meet at the office of the Secretary on the first- Mon- ^^ day of the second week in each quarter, and then and there poposais open all the sealed proposals. The lowest sealed proposals in for suppUes price shaU be accepted, and noted in the minutes of the Secre- tary, and the Secretary shall notify the person or persons of the acceptance of their proposal for furnishing the State Orphans' Home with stores, supplies, and fuel; provided, the Board of Directors shall have the right to reject any and all bids from persons not responsible. SIXTH SBSSIOK. 107 Sec. 18. All Acts, and parts of Acts, so far as thoy conflict Acts with the provisions of this Act, are hereby repealed. repealed. Chap. XL VI. — An Act to create the County of Eureka and provide for its organization, [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and AS' sembly, do enact a^ follows: Section 1. * The County of Eareka is hereby created, with County of the following bonndaries, to wit: All that portion of the State CTeatel af Nevada bounded and described as follows, viz:. Beginning at Bounda- a point on the north boundary line of Lander County, equidis- "®^* tant between the northeast and northwest corners of said Lan- der County; thence running due south from said initial point to the south boundary line of said Lander County; thence running east along said south boundary line of Lander County to the southeast comer of said Lander County; thence running north along the east boundary line of said Lander County to the northwest corner of White Pine County; thence running west along the south boundary line of Elko County to the south- west corner of said Elko County; thence running along the west boundary line of Elko County to the northeast corner of said Lander County; thence running west along the north boundary line 6f said Lander County to the place of begin- ning. The County of Eureka shall employ and pay some com- Coantyiine potent surveyor to establish the boundary line between the uahST**^ said Counties of Lander and Eureka. Sec. 2. The county seat of said county is hereby located at County seat thfe Town of Eureka; a Court House, Jail, and other necessary SSudfnS!^ county buildings, shall be provided by the County Commission ers of said county. Seo. 3. The following named persons shall be and are hereby Officers of constituted the officers of said county, who shall hold their consutated respective offices until their successors are elected and qualified, and , to wit: Sheriff, John D. Sullivan; County Eecorder, A. S. ^'p^^"'*®^ Campbell; County Clerk, F. H. Harmon; County Assessor, C. C Wallace; County Treasurer, W. A. Seaton; County Sur- veyor, W. A. Edwards; District Attorney, George W. Baker; Public Administrator, Francis Hanson; County Superintendent of Public Schools, William Head; County Commissioners, D. H. Hall, B. E. Phillips, L. W. Cromer. The said officers shall perform the duties now or hereafter required by law of officers of the same character in the other counties of this State; pro- Proviso. vided, that five hundred or more of the qualified electors of the f^tlon for County of Eureka shall, on or before the first Monday in July, c^nty A. D. eighteen hundred and seventy-three, petition the Board Monday of of County Commissioners to order an election for county ^"gJ^J^o officers, as above named. Then it shall be the duty of the 108 LAWS OF NEVADA, Board of County CommiBsioners to call an election to fill the various county offices, on the first Monday in August, A. D, eighteen hundred and seventy-three; and the Board of County Commissioners are fully authorized and empowered to make all necessary arrangements to carry this provision into effect. In the event of an election, in compliance with the provisions of this section, on the first Monday in August, A. D. eighteen hundred and seventy-three, all officers elected at that time shall hold their respective offices until the next general elec- tion, or until their successors are elected and qualified. The Townships townships embraced within the territory comprising the County township ^^ Eureka shall be and as heretofore fixed and established officers during the time the same composed a part of Lander- County, ^° ^^ until otherwise changed by the County Commissioners; and the Justices of the Peace and Constables heretofore elected or appointed to office in said townships, as Justices ahd Constables of Lander County, shall hold the offices of Justices of the Peace and Constables of said townships, respectively, for the County of Eureka, until their successors are elected and qualified. Senatorial Sec. 4. The Counties of Ladder and Eureka shall be entitled, ifisembiy Severally, to elect Senators and Assemblymen, as prescribed in representa- this scctioB, to wit; at the general election, for members of the Eurekaand Legislature, in the year eighteen hundred and seventy-four, the CoSnSes. CJounty of Lander shall elect one Senator and two Assembly, men ; and the County of Eureka shall elect two Assemblymen at said election; and at the general election, in the year eighteen hundred and seventy-six, the County of Eureka shall elect one Senator and two Assemblymen; provided, that if a vacancy shall occur in the office of Senator from Lander ProTiso. County, now filled by the Hon. G. W. Cassidy, by reason of his death, resignation, or otherwise, then the Counties of Lander and Eureka shall jointly elect one Senator to fill such vacancy for the unexpired term. Salaries of Sec. 5. The Salary of the District Attorney for Eureka officers. County is hereby fixed at twelve hundred ($1^200) dollars per annum; and the salary of the County Treasurer shall be sixteen hundred ($1,600) dollars per annum; and the salary of the County Superintendent of Public Instruction shall be fixed by the County Commissioners, not to exceed six hundred (¥600) dollars per annum; and their fees shall be the same as officers of like character under the laws of this State. Eureka Seg. 6. The County of Eureka shall assume, 'and pay to asrame uid Lander County, one half of the debt of said county at the time of ^ebrif ° ^^^® '^^^ takes effect. For the purpose of paying said amount, Lander twenty per cent, of all the county revenues collected by the County. County of Eureka shall be placed in a Fund, to be called the Lander Lander County Debt Fund, which Fund shall be applied L^w*lund exclusively to the payment of said debt until the whole of s^id created. share of indebtedness shall be paid. Warrants drawn'upon the Payments County of Eureka in favor of the County of Lander, under the Lander Order of the Board of Commissioners of Eureka County, shall Debt*iund ^® P*^*^ ^^^ ^^ ®*^^ Fund by the Treasurer of said county until how made.* the said share shall be fully satisfied. All moneys received from Eureka County by Lander County shall be accredited in SIXTH SESSION. 109 the Sedemption Fund of said latter county. The County Com- missioners of the respective counties aforesaid shall conjointly determine the amount of said debt that the said Eureka County shall pay to the said County of Lander. Sec. 7. Eureka County shall be a portion of the Sixth Eureka Judicial District until otherwise provided by law. It shall be partof the duty of the DistHct Judge of the Sixth Judicial District, to jjj^^j^j hold terms of Court in said Eureka County, at the county seat District of said county, commencing on the first Monday of February, couS!^^ May, August, and November, successively, after the organiza- tion of said Eureka County. Said Eureka County shall pay Eurek* one half of the salary of the Judge of the Sixth Judicial Dis- ^^rhif^^of trict out of the District Judge's Salary Fund of said county, salary of under the order of the County Commissioners of said Eureka *^®* County, after the organization of said county, until otherwise provided by law. ^ Sec. 8. All suits now pending in the District Court of the Transferor Sixth Judicial District, which in any way appertain to property, from"* real, personal, or mixed, belonging to or being in the County of fe*°^jj' ^ Eureka after its organi;tation, and all actions for the recovery County. of any debt, claim, or demand whatsoever, between citizens of Eureka County^ shall, (if then undetermined^ at least ten days before the first day of the first term of the District Court of the Sixth Judicial District, be by the County Clerk of Lander County transferred, duly and legally certified, to the County Clerk of Eareka County, and all suits so transferred shall be by the County Clerk of said Eureka County, filed in his office, and entered in the calendar of the aforesaid first term of said District Court; pro- Pro?iao. videdj where both the plaintiff and defendant to any suit shall file a written statement with the County Clerk of Lander County, requesting that the suit to which they are parties may be determined in said Sixth Judicial District, then, and not otherwise, said suit or suits shall not be transferred as herein provided. Sec. 9. The County Eecorder of Lander County is hereby Recorder authorized and empowered, and it shall be his duty to transcribe counS^to into suitable books, all the records in his custody pertaining or transmbe relating to or affecting the title to any property situated in said ^^^^ County of Eureka, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage of this Act, and when completed shall be delivered to the County Eecorder of said Eureka County, and shall there- after be kept in his office, and shall be for every purpose of the same force and effect as other county records. The Eecorder of Coinipen- Lander County shall be entitled to receive as compensation for ■***®"- the services hereby imposed, one half of the fees now allowed by law for recording and indexing written instruments in his office. His claims for said compensation shall be allowed by the County Commissioners of Eureka County on the completion and delivery of said transcript and index, and be paid as other claims against said county. Sec. 10. The provisions of this Act shall take effect and be Act to in full force from and after the twentieth (20th) day of March, **^* ®°^- A. D. eighteen hundred and seventy-three, at which time said county shall be duly organized. 110 LAWS W VBYADA, Chap, XL VII.— -An Act for the relief of John B. Sdm^ Sheriff 0/ Esmeralda County, [Approved March 1, 1878.] ITie People of the State of Nevada^ represented in Senate and Assem- bly^ do enact as follows: Appropria- SECTION 1. The sum of twenty-two hundred and fifty-one ^^^' ($2,261) dollars, less five hundred dollars paid for capture of said prisoners, is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appro- priated by law, or which may come into such General Fund, for the payment of John B. Helm, Sheriff of Esmeralda County, for expenses incurred by him in the months of September and October, eighteen hundred and seventy-one, in recapturing and returning to the State Prison of this State, John Burk and Tilton Cockerell, escaped prisoners. ControUer Sec. 2. The Controller of this State is hereby directed to wanwt. di'siw his warrant in favor of said John B. Helm for said amount, and the State Treasurer is hereby directed to pay the same. Chap. XLVIII. — An Act for the relief of Francis S* Armistead. [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Appropria- SECTION 1. The sum of seven hundred and fifty ($750) dol- tion* lars is hereby appropriated, out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into said General Fund, for the pay- ment of Francis S. Armistead, for actual expenses incurred by him for capturing Leander Morton and Moses Black, State Prison convicts, in the month of September, eighteen hundred and seventy-one. ControUer Sbc. 2. The Controller of State is hereby direbted to draw wanant. ^^^ warranty in favor of said Francis S. Armistead for said amount, and the State Treasurer is hereby directed to pay the same. SIXTH SBS8KHI. Ill Chap. XLIX. — Att Act for the relief of the California Institution for the Edueation of the Deaf and Dumb and the Blind. [Approved March 1, 1878.] Whereas, Through clerical error, the apprcfjriation for the Preamble, education of the deaf and dumb of the State tor the seventh and eighth fiscal years was insufficient; and whereas, by action of the State Board of Examiners, the sum of six hundred and eighty-five dollars is found due the California Institution for the support and education of pupils from this State during the year eighteen hundred and seventy-two; therefore, The People of the State of Nevada, represented in Senate and As- sembly , do enact as follows: Section 1. The Controller is hereby directed to draw his ControUer warrant upon the General Fund, in favor of the California Jj Iraw Institution for the Deaf and the Dumb and the Blind, for the warrant sum of six hundred and eighty-five dollars, and the Treasurer Treasurer is directed to pay the same out of any moneys in said Fund not tJ pay** otherwise appropriated. warrant Chap. L. — An Act to create and fix the compensation of the office of President of the Board of Directors of the State Library, • [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: p^fdent of Board Section 1. The office of President of the Board of Directors Directors of the State Library is hereby created. created. Sec. 2. The Attorney General shall be President of the Attorney Board of Directors of the State Library, and shall receive, as S^bJ^** compensation for duties performed by him as such President, ^J^^^^^ the sum of one hundred dollars per month, payable quarterly, comp^- out of any money not otherwise specifically appropriated. sation. Sec. 3. This Act shall be in force from and after its passage. Act in and shall continue in force until the first Monday in January, to^mtSuel A. D. eighteen hundred and seventy -five, and no longer. 112 • LAWS 0¥ NZYADA, Appro- priation. Controller to draw* warrant. Act to take e£fect. Chap. JA.-^An Act to authorize the payment of the claim of Alex- ander Leport, for wood furnished the State, for the use of the sixth session of the Legislature of Nevada. [Approved March 1, 1873.] * The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The sum of fourteen hundred and fifty-two dol- lars is hereby appropriated, out of any moneys in the General Fund not otherwise specifically appropriated, for the purpose of paying the claim of Alexander Leport, for wood furnished for the use of the Legislature of Nevada, at its sixth session ; and the Controller of State is hereby authorized and required to draw his warrant upon the Treasurer, in favor of said Alex- ander Leport, for said amount, and the Treasurer is hereby required to pay the same. Sec. 2. This Act shall be in force and take effect on and after its passage. Appro- priation. Controller to draw warrant. Chap. LII. — An Act to provide for the payment of the claim of Calvin Swift, [Approved March 3, 1873.1 The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The sum of four hundred dollars is hereby appro- priated, out of any funds in the State Treasury not otherwise specially appropriated, for the purpose of paying the claim of Calvin Swift, for three and one third months serving as em- ploye for State Mineralogist, during the year A. D. eighteen hundred and sixty-nine, in the field. Sec. 2. The Controller of this State is hereby directed to draw his warrant in favor of said Calvin Swift, for said amount> and the State Treasurer is hereby directed to pay the same. •SIXTH siasioir^ 113 Chap. LIII. — An Act to create Oontingent Funds for the Senate and Assembly. [Approved March 3, 1873.] TTie People of the State of Nevada, represented in Senate and As- sembly y do enact as follows: Section 1. The State Treasurer is hereby authorized and Contingent directed to set apart, from aty money s in the General Fund fenate Mid not otherwise appropriated, the sum of twenty-five hundred S^JJ^*^"*^* dollars, one thousand dollars of which sum shall constitute Assembly the Contingent Fund of the Senate, and fifteen hundred dollars c^«**«^ of which sum shall constitute the Contingent Fund of the Assembly. Sec. 2. The said Funds shall be under the exclusive control Fandseon- of the Senate and Assembly, respectively. Each House may Sisburaedf direct the payment of moneys from its own Contingent Fund, iio^- by resolution^ and the Controller of State is authorized and Controller required to draw his warrant in accordance therewith. wi^mL Chap. LIV. — An Act to provide for the support and maintenance of the public schools of Eureka County, [Approved Harch 8, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The Treasurer of Lander County is hereby an- Treasurer thorized and required to pay over to the Treasurer of Eureka oounty to County, for the use and benefit of the public schools of said pay over to county, such portion of the moneys now in the School Fund of Eweka*' said Lander County as may, by pro rata apportionment, belong SSS^^^ij'JJi" to the several districts included within the limits of said Eureka man^srs. County, said moneys to be held and disbursed in accordance ^b^med. with the provisions of the School Law of this State. Sec. 2. The Superintendent of Public Instruction is hereby Suporin- authorized and required, in making his second semi-annual ^{^Uo^^^ apportionment for the year eighteen hundred and seventy- J."***'.^"" three, to apportion s&oh moneys as may be demanded by the aptonion school census retoirns on file in his office> from Austin, Eeese SJSSeys to River Valley, and Argenta Districts, to Iiander County, and Lander such moneys as may be demanded by said returns, from Eureka EiSeSk and Palisade Districts, to Eureka County. County, ro- ' "^ spectiToly. 15 114 LAWS 09 NlVABA, Chap. LV. — An Act to amend an Act entitled ^'An Act to amend an Act relative to Attorneys and Counselors at law^'' approved March fourth, eighteen hundred and seventy-one. [Approved March 3, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section four of said Act is hereby amended so as to read as follows: LiewBe Section Four. Every person, before receiving a license to and oath, practice law, shall take, before some officer, authorized by the laws of this State to administer oaths, the oath prescribed by law, and after procuring the State Controller's order on the Lio«ti8e, State Treasurer, to* receive the same, pay over to said State p-ym^toft Treasurer the mm of twenty-five dollars for the use of the State Library Fund; and the Clerk of the Court shall require of the person so admitted, the clearance of the State Controller, certifying the payment of said twenty-five dollars into the State Treasury, before issuing such license, and in no case shall the license be issued until such clearance is filed in the office of the Clerk, Chap. LVI. — An Act providing for the appointment and payment of an Agent or Agents, at Washington, D, C, for attending to the certification of lands granted by Congress to the State of Nevada. [Approved March 8, 1878.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Agents to SECTION 1. The Board of Eegents are hereby authorized ponied to ^^^ required to appoint an agent or agents, who shall be duly represent authorized to represent the State of Nevada, before the General Nevada Land Office and Department of the Interior, at Washington, iil^d^ffice-^* ^^ ^°^ whose duty it shall be to attend to the certification and De- of lands selected in satisfaction of the grants made by Con- !^rior,^at S^*^3S ^^ ^^^^ State, and to represent said State in all matters Washini- growing out of the adjustment and settlement of said grants. DSties'of The said Board of Begents shall ^x the compensation of the agent gajd agent or agents, at a sum not exceeding one thousand five Compen- hundred dollars per annum: and the amount so fixed shall be ** "* paid annually out of any moneys in the State Treasury not otherwise appropriated, upon bills to be certified and approved by the Board of Examiners j in payment of which the Con- troller of State shall draw his warrant upon the Treasurer Appropria- of State. And the sum of three thousand dollars is hereby *^°"* appropriated for the aforesaid purpose. \ et^TH SESSION. 115^ Seo. 2. An Act entitled "An Act supplementary to ^^ ^^^^ Act entitled * An Act to provide for the selection and sale of the '®^ lands granted by the United States, to the State of Nevada, approved April second, eighteen hundred and sixty-seven,' and providing for the payment of the claim of Britton and Gray/* approved February twentieth, eighteen hundred and seventy- one, is hereby repealed. Chap. LYII. — An Act to amend an Act of the Governor and Legis- lative Assembly of the Territory of Nevada^ entitled "^n Act relat- ing to Sheriffs,'' approved November twenty -eighth^ eighteen hundred and sixty-one, [Approved March 4, 1878.] The People of the State of Nevada^ represented in Senate and AS" semblyy do enact as follows: Section 1. Section six of said Act is hereby amended so as to read as follows: Section Six. It shall be the duty of the Sheriff to attend in Duty of person, or by deputy, at all sessions of the District Court in his Attend ^ county, and to obey all the lawful orders and directions of the *^«»8 of same; to execute the process, writs, or warrants of Courts of '^ ' * justice, judicial officers, and Coroners, when delivered to him for that purpose. Chap. LVIII. — An Act to provide funds for the payment of the current expenses of Eureka County. [Approved March 4, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The Board of County Commissioners of Eureka issuance County, Nevada, are hereby authorized and empowered to issue autferkedi. the bonds of said county, in any sum not to exceed twenty thousand dollars. No bonds issued as herein provided shall be of less amount than two hundred dollars, and none for a greater amount than one thousand dollars each. Said bonds shall bear interest at a rate not to exceed leighteen per cent, per annum, and shall be redeemed in the following manner: Said bonds Bonds shall be payable at the office of the County Treasurer of Eureka how.^"*^* County on the first Monday of July, A. D. eighteen hundred arid seventy-seven. Of the first moneys coming into the County Treasury in the years A. D. eighteen hundred and seventy-three and eighteen hundred and seventy-four, and after the appor* tionment has been made for State purposes, and to the District Judge's Salary Fund, the County Auditor shall set apart a suffi- / 116 Coanty Auditor to set apart moneys. Sale of bonds, how made. Proviso. Proceeds not to be applied on. fees or salaries. Bonds to be printed by County Commis- sioners. Interest, when and where payable. LAWS OV NSVADA, cient sum to pay the interest; on said bonds; and during the years eighteen hundred and seventy-five and eighteen hundred and seventy-six, and up to July, A. D. eighteen hundred and seventy-seven, sufficient shaU be set apart to pay the bonds and reipaining interest. Sbc. 2. Whenever, in the opinion of the Board of County Commissioners, the issuance ot said bond is necessary for the best interest of said Eureka County, the County Treasurer shall sell, at par, not over f^v^ thousand dollars* worth of bonds, unless otherwise ordered by the Board of County Commission- ers; and the proceeds thereof shall be placed in the County Treasury, as a Fund for the payment of the current expenses of said county; provided^ that no portion thereof shall be appro- priated or paid as salaries or fees to county officers, unless in transporting persons convicted of crime to the State Prison. Sec. 3. The County Commissioners are hereby authorized and empowered to have the bonds printed in form and manner to carry out the provisions of this Act. Sec 4. The interest on said bonds shall be payable semi- annually, at the office of the County Treasurer, in Eureka, Eureka County, Nevada. Chap. LIX. — An Act making appropriations for deficiencies in seventh and eighth fiscal years. [Approved Harch 4, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Deficiency SECTION 1. The following sums of money are hereby appro- SoM?**"*" priated out of any money in the Treasury, not otherwise appropriated, for miscellaneous deficiency claims against the State: To Alfred Helm, one hundred and sixteen dollars and sixty cents; to Samuel C. Wright, one hundred and twenty dollars; to E. B. Eail, four hundred and nine dollars and seventy-five cents; to H. S. Mason, two hundred and ninety- nine dollars and fifteen cents; to Bragg and Folsom, six bun. dred and seventeen dollars and fifty cents; to Henry Meyers, seven hundred and seventeen dollars and seventy-five cents; to John G. Fox, four dollars; to McNally and Hawkins, sixteen hundred and ten dollars and ninety-eight cents; to Wells, Fargo & Co., seven dollars; to Jerry Schooling, one hundred and fifty dollars; to William E. Armstrong, three hundred and twenty dollars; to Maxim Gas Company, thirty-nine dollars; to Carson Post Office, thirty-six dollars and fifteen cents; to Richard Mills, eighteen dollars and fifty cents; to Brittan & Co., two hundred and forty-nine dollars and fifty cents; to Abram Curry, eight hundred dollars; to George B. Webb, fifty dollars; to Mrs. George B, Webb, fifty dollars; to Mis^ M. Curry, forty dollars; to Miss Bessie Eoy, forty dollars; to Miss A. M. Barton, thirty- foar dolU^rs and sixty-seven cents; to Mrs. B. Kelly, five dollars Bix'tn Biss&ioit. 117 and thirty -three cents; to John G. Fox, twenty-nine dollars Deficiency and ninety-three cents j to Ah Sam, twenty dollars; to John tfins?^"*" RoBser, one hundred and thirty-five dollars and ninety-eight cents; to Olcovich Brothers, one hundred and thirty -seyen dollars and twenty-five cents; to O. P. Willis, forty-one dollars and twenty-fi^ve cents; to Dr. J. P. Mooklar, fifty dollars and ninety-eight cents. For clerical services in the office of the State Land Eegister, to be paid out of the State School Fund, the following amounts: To S. H. Day, two hundred and thirteen dollars and eighty-six cents; to T. W. Healy, eighty -three dol- lars and thirty-three cents; to Alexander Mitchell, eight hun- ' dred dollars; provided, that the sums in this Act enumerated Proviso, shall be, and they are hereby, appropriated as full payment of the claims herein recited. Chap. LX. — An Act to amend an Act entitled "An Act to authorize the Commissioners of Ormsby County to issue to the Virginia and Truckee Railroad Company, bonds to the amount of two hundred thousand dollars, and to provide for the payment of the same,^* approved January twenty-seventh, eighteen hundred and sixty-nine, • [Ai^rov^ March 4, 1B73.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows.: Section 1. Section seven, of said Act, shall be amended so as to read as follows: Section Seven. Whenever at any time, all interest due upon Surplus said bonds shall have been fully paid, and there sWall be in said ^ bS*^** fund a surplus, which upon a fair estimate of the receipts which appUed to will probably .come into the same, will not be needed for the Sf ^?ndB. payment of the future interest to accrue within the next suc- ceeding twelve months, the Board of Commissioners after hav- ing ascertained the amount of said surplus, may proceed to notify the holders of said bonds, by advertising, or by such other means as they at their option may deem expedient, stat- ing the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals for surrendering Proposals the qame, to be filed with the Clerk of said Board on or before derlSnds a day named therein. At the next meeting of the Board after mvited. said day, the Board tihall.open such sealed proposals as shall oJi^f^dT* have been filed on or before the day fixed, and to the extent of the amount named shall purchase the bonds so offered, giving preference in all cases to the bidder who shall offer said bonds Proviso, at the lowest price; provided, that no offer. shall be accepted for more than the par value of. said bonds. 108 LAWS OF NEVADA, Board of County Commissioners to call an election to fill the various county offices, on the first Monday in August, A. D, eighteen hundred and seventy-three; and the Board of County Commissioners are fully authorized and empowered to make all necessary arrangements to carry this provision into effect. In the event of an election, in compliance with the provisions of this section, on the first Monday in August, A. D. eighteen hundred and seventy-three, all officers elected at that time shall hold their respective offices until the next general elec- tion, or until their successors are elected and qualified. The Townships townships embraced within the territory comprising the County township ^^ Eureka shall be and as heretofore fixed and established officers during the time the same composed a part of Lander- County, ^° °^ until otherwise changed by the County Commissioners; and the Justices of the Peace and Constables heretofore elected or appointed to office in said townships, as Justices ahd Constables of Lander County, shall hold the offices of Justices of the Peace and Constables of said townships, respectively, for the County of Eureka, until their successors are elected and qualified. Senatorial Seg. 4. The Counties of Lander and Eureka shall be entitled. Assembly Severally, to elect Senators and Assemblymen, as prescribed in representa- this section, to wit: at the general election, for members of the Eurekaand Legislature, in the year eighteen hundred and seventy-four, the Counties, bounty of Lander shall elect one Senator and two Assembly- men; and the County of Eureka shall elect two Assemblymen at said election; and at the general election, in the year eighteen hundred and seventy-six, the County of Eureka shall elect one Senator and two Assemblymen; provided, that if a vacancy shall occur in the office of Senator from Lander ProTiso. County, now filled by the Hon. G. W. Cassidy, by reason of his death, resignation, or otherwise, then the Counties of Lander and Eureka shall jointly elect one Senator to fill such vacancy for the unexpired term. Salaries of Seg. 5. The Salary of the District Attorney for Eureka officers. County is hereby fixed at twelve hundred ($1^200) dollars per annum; and the salary of the County Treasurer shall be sixteen hundred ($1,600) dollars per annum; and the salary of the County Superintendent of Public Instruction shall be fixed by the County Commissioners, not to exceed six hundred ($600) dollars per annum; and their fees shall be the same as officers of like character under the laws of this State. Eureka Sec. 6. The County of Eureka shall assume, 'and pay to Msmne aiid Lander County, one half of the debt of said county at the time of ^ebt^^f ° ^^^® '^^^ takes effect. For the purpose of paying said amount, Lander twenty per cent, of all the county revenues collected by the County. County of Eureka shall be placed in a Fund, to be called the Lander Lander County Debt Fund, which Fund shall be applied Sebt^lund exclusively to the payment of said debt until the whole of s.aid created. share of ihdebtedness shall be paid. Warrants drawn* upon the Payments County of Eureka in favor of the County of Lander, under the Lender order of the Board of Commissioners of Eureka County, shall Debt*/und ^® P^^^ ^^^ ^^ ®**^ Fund by the Treasurer of said county until how made.* the said share shall be fully satisfied. All moneys received from Eureka County by Lander County shall be accredited in 8IXTH SESSION. 109 the Sedemption Fand of said latter county. The County Com- missioners of the respective counties aforesaid shall conjointly determine the amount of said debt that the said Eureka County shall pay to the said County of Lander. Sec. 7. Eureka County shall be a portion of the Sixth Eureka Judicial District until otherwise provided by law. It shall be parto? the duty of the District Judge of the Sixth Judicial District, to jjj^^j^ hold terms of Court in said Eureka County, at the county seat District of said county, commencing on the first Monday of February, couS^' May, August, and November, successively, after the organiza- tion of said Eureka County. Said Eureka County shall pay Eureka one half of the salary of the Judge of the Sixth Judicial Dis- ^2Jl*if*^of trict out of the District Judge's Salary Fund of said county, salary of under the order of the County Commissioners of said Eureka *^^ County, after the organization of said county, until otherwise provided by law. ^ Sec. 8. All suits now pending in the District Court of the Transfer of Sixth Judicial District, which in any way appertain to property, fi^m"' real, personal, or mixed, belonging to or being in the County of ^a°derto Eureka after its organi;5ation, and all actions for the recovery County. of any debt, claim, or demand whatsoever, between citizens of Eureka County^ shall, (if then undetermined^ at least ten days before the first day of the first term of the District Court of the Sixth Judicial District, be by the County Clerk of Lander County transferred, duly and legally certified, to the County Clerk of Eureka County, and all suits so transferred shall be by the County Clerk of said Eureka County, filed in his office, and entered in the calendar of the aforesaid first term of said District Court; pro- Proviso. vided^ where both the plaiotiff and defendant to any suit shall file a written statement with the County Clerk of Lander County, requesting that the suit to which they are parties may be determined in said Sixth Judicial District, then, and not otherwise, said suit or suits shall not be transferred as herein provided. Sec. 9. The County Eecorder of Lander County is hereby Recorder authorized and empowered, and it shall be his duty to transcribe county^? into suitable books, all the records in his custody pertaining or transmba relating to or affecting the title to any property situated in said County of Eureka, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage of this Act, and when completed shall be delivered to the County Eecorder of said Eureka County, and shall there- after be kept in his office, and shall be for every purpose of the same force and effect as other county records. The Kecorder of Co^pen- Lander County shall be entitled to receive as compensation for ■*^®^- the services hereby imposed, one half of the fees now allowed by law for recording and indexing written instruments in his office. His claims for said compensation shall be allowed by the County Commissioners of Eureka County on the completion and delivery of said transcript and index, and be paid as other claims against said county. Sec. 10. The provisions of this Act shall take effect and be Act to in full force from and after the twentieth (20th) day of March, *^* "°^- A. D. eighteen hundred and seventy-three, at which time said county shall be duly organized. 110 LAWii W HSTAPA, Chap. XL VII.— -In Act for the relief of John B. Edmy Sheriff of Esmeralda County. [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Appropria- SECTION 1. The sum of twenty-two hundred and fifty-one *^°°' ($2,251) dollars, less five hundred dollars paid for capture of said prisoners, is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appro- priated by law, or which may come into such General Fund, for the payment of John B. Helm, Sheriff of Esmeralda County, for expenses incurred by him in the months of September and October, eighteen hundred and seventy-one, in recapturing and returning to the State Prison of this State, John Burk and Tilton Cockerell, escaped prisoners. ControUer Sec. 2. The Controller of this State is hereby directed to wamnt draw his warrant in favor of said John B. Helm for said amount, and the State Treasurer is hereby directed to pay the same. Chap. XL VIII. — An Act for the relief of Francis S. Armistead, [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Appropria- SECTION 1. The sum of scvcn hundred and fifty ($750) dol- tion. jj^pg jg hereby appropriated, out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into said General Fund, for the pay- ment of Francis S. Armistead, for actual expenses incurred by him for capturing Leander Morton and Moses Black, State Prison convicts, in the month of September, eighteen hundred and seventy-one. OontroUer Sec. 2. The Controller of State is hereby direbted to draw wanuTt. ^^^ warrant in favor of said Francis S. Armistead for said amount, and the State Treasurer is hereby directed to pay the same. SIXTH SSflfilOS. Ill Chap. XLIX. — An Act for the relief of the California Institution for the Education of the Deaf and Dumb and the Blind. [Approved March 1, 1878.] Whereas, Through clerical error, the apprGf>riatioD for the Preamble, education of the deaf and dumb of the State tor the seventh and eighth fiscal years was insufficient; and whereas, by action of the State Board of Examiners, the sum of six hundred and eighty-five dollars is found due the California Institution for the support and education of pupils from this State during the year eighteen hundred and seventy-two; therefore, The People of the Staie of Nevada^ represented in Senate and As- sembly^ do enact a^ follows: Section 1. The Controller is hereby directed to draw his ControUer warrant upon the General Fund, in favor of the California jj Iraw Institution for the Deaf and the Dumb and the Blind, for the warrant sum of six hundred and eighty-five dollars, and the Treasurer Treasurer is directed to pay the same out of any moneys in said Fund not jj pilS** otherwise appropriated. warrant Chap. L. — An Act to create and fix the compensation of the office of President of the Board of Directors of the State Library. • [Approved March 1, 1873.] The People of the State of Nevada^ represented in Senate and Assem- bly^ do enact as follows: pSsident of Board Section 1. The office of President of the Board of Directors Directors of the State Library is hereby created. created. Seo. 2. The Attorney General shall be President of the Attorney Board of Directors of the State Library, and shall receive, as to^be^*^ compensation for duties performed by him as such President, ^J^'^jj* the sum of one hundred dollars per month, payable quarterly, compen- out of any money not otherwise specifically appropriated. sation. Sec. 3. This Act shall be in force from and after its passage, Act in and shall continue in force until the first Monday in January, tocontTmS! A. D. eighteen hundred and seventy -five, and no longer. 112 LAWS or NEVADA, A^pro- pritttion. Controller to draw* warrant. Act to take effect. Chap. LI.— -An Act to authorize the payment of the claim of Alex- ander Leport, for wood furnished the State, for the use of the sixth session of the Legislature of Nevada, [Approved March 1, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The sum of fourteen hundred and fifty-two dol- lars is hereby appropriated, out of any moneys in the General Fund not otherwise specifically appropriated, for the purpose of paying the claim of Alexander Leport, for wood furnished for the use of the Legislature of Nevada, at its sixth session ; and the Controller of State is hereby authorized and required to draw his warrant upon the Treasurer, in favor of said Alex- ander Lepori, for said amount, and the Treasurer is hereby required to pay the same. Sec. 2. This Act shall be in force and take effect on and after its passage. Appro- pnation. Controller to draw warrant. Chap. LII. — An Act to provide for the payment of the claim of Calvin Swift. [Approved March 3, 1873.] The People of the State of Nevada^ represented in Senate and As- sembly, do enact as follows: Section 1. The sum of four hundred dollars is hereby appro- priated, out of any funds in the State Treasury not otherwise specially appropriated, for the purpose of paying the claim of Calvin Swift, for three and one third months serving as em- ploye for State Mineralogist, during the year A. D. eighteen hundred and sixty-nine, in the field. Sec. 2. The Controller of this State is hereby directed to draw his warrant in favor of said Calvin Swift, for said amount> and the State Treasurer is hereby directed to pay the same. BJX7H ssflsioir^ 113 Chap. LIII. — An Act to create Contingent Funds for the Senate and Assembly, [Approved March 3, 1873.] The People of the State of Nevada, represented in Senate and As- sembly^ do enact as follows: ■ » Section 1. The State Treasurer is hereby authorized and Contingent directed to set apart, from any mooeys in the General Fund sen5;e and not otherwise appropriated, the sum of twenty-five hundred Contingent dollars, one thousand dollars of which sum shall constitute Assembly the Contingent Fund of the Senate, and fifteen hundred dollars «^«"*»d. of which sum shall constitute the Contingent Fund of the Assembly. Sbc. 2. The said Funds shall be under the exclusive control Funds eon- of the Senate and Assenibly, respectively. Bach House may SSbJj^S? direct the payment of moneys from its own Contingent Fund, how. by resolution, and the Controller of State is authorized and OontroUer required to draw his warrant in accordance therewith. vurant Chap. LIV. — An Act to provide for the support and maintenance of the public schools of Eureka County. [Approved March 8, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The Treasurer ot Lander County is hereby an- Treasarer thorized and required to pay over to the Treasurer of Eureka counfy to County, for the use and benefit of the public schools of said pay over to county, such portion of the moneys now in the School Fund of ISSka^ said Lander County as may, by pro rata apportionment, belong ^^'^^jJST to the several districts included within the limits of said Eureka moaeyB. County, said moneys to be held and disbursed in accordance SUibMsed. with the provisions of the School Law of this State. Sbo. 2. The Superintendent of Public Instruction is hereby Superin- authorized and required, in making his second semi-annual p^^ifo^^^ apportionment for the year eighteen hundred and seventy- instruo- three, to apportion siioh moneys as may be demanded by the ap^rtion school census retoirns on file in his office^ fVom Austin, KeeseJJJ^^g^ Biver Valley, and Argenta Districts, to Lander County, and Lander such moneys as may be demanded by said returns, from Eureka Eure&"* and Palisade Districts, to Eureka County. County, re- ' •^ speotively. 15 124 LAWS OV NEVADA, entitled to the amount ^aid; and the Controller shall thereupon file such receipts and certificate in his ofl&ce as vouchers, draW"- ing his warrant upon the proper Fund for said amount, and the Treasurer shall pay the same. The Land Eegister shall, at the same time, certify the non-approval in like manner to the Treas- urer. Occupant Seo. 12. An occupant or party in possession shall have a red rSit to preferred right to purchase not exceeding three hundred and purchase, twenty acres of land, at the minimum price, for the period of six months after the date of approval to the State of the lands occupied or possessed by him or her; and when two or more persons claiming a preferred right, by reason of occupancy or possession, apply to purchase the same lands, the Eegister shall Contest certify such applications to the District Court of the county in D^uSc?*** which such lands are situated, and notify the contesting ap- Sni^is- P^^^^^^^s thereof The Judge or Court shall then appoint a sionerto be Commissioner, in the vicinity of the land so in dispute, to take appointed. ^^^1 report to such Court all the testimony of the parties in the case. The contest shall then be tried and determined as ordi- Manner nary Actions in said Court; and when so determined, shall be of trial. certified to the Eegister, who shall proceed thereafter with the successful contestant, in the same manner as if he alone had Costs. applied in the premises; provided, that all costs attending such contest shall be paid by the parties litigant, as the Court or Judge may determine; and, provided further^ that a preferred Preferred right shall be based upon occupancy or possession, dating prior "*^^ to any application to purchase the land having been filed with the Eegister. When two or more persons, neither claiming a preferred right, apply to purchase the same lands, the first applicant shall be allowed to purchase. Limitation Sec. 13. No person shall be allowed to purchase more than of purchase ^jjj.^^ hundred and twenty acres of land from the State, undei* the provisions of this Act. Register to Seo. 14. It is hereby made the duty of the Eegister to select appui*fo*r! ^^ portions of the several grants of land to this State, all lands for which money has been deposited under the provisions of Lands not section seveu of this Act; and whenever he shall have knowU applied for. ^^jg^ ^^ ^^y tract or tracts of land within the State, which for any cause may appear to him to be of special value, and sub- ject to location by the State, he may select the same; and, if necessary, by and with the advice and consent of the Board of Board of Ecgents, instruct the County Surveyor of the county wherein Regents. ^^^.^ j^^j^^ jg situated to survey such lines and make such ex* County amination as may serve to indicate the proper location and true to rn^e' character and quality of such lands; and said County Surveyor survey. shall, without delay, pro6eed to make such survey or examina- tion, and shall report the same to the Eegister, in accordance with such instructions as he may have received; and for such Compen- Services he shall receive such sum as the Board of Eegents iubiuty°(?f ^^y allow; and for the faithful performance of such service Surveyor, fiaid County Surveyor shall be liable upon his official bond. Form of Sec. 15. The title of the State to any lands sold under the of°statK*'® provisions of this Act, shall be conveyed to the purchaser, or t>*i®t<> to his or her heirs or assigns, by patents free of charge, in such ^ form as the Attorney General and Eegister shall jointly pre- SIXTH 8SS9ION. )25 scribe, to be prepared by the Register, signed by the Governor, and shall have the great seal of the State affixed by the Secre- tary of State, and shall be countersigned by the Register; and Record of the Secretary of State and the State Register shall each keep a p**®"***- record of the patent issued. Seo. 16. The State Register shall be entitled as such Regis- Salaries ter to a salary of two thousand six hundred dollars per annum, Ke^ltw to be paid quarterly; and he is hereby authorized to appoint a and deputy Deputy, who shall be entitled to a salary of three thousand dollars per annum, to be paid monthly. The Controller of State ControUer shall at the end of each month draw his warrant upon the State warrant Treasurer in favor of said Deputy for the amount of his com- ^° ^^j^**^^ pensation then due, and the State Treasurer shall pay the same out of any money derived from the sale of land. Sec. 17. All funds derived from the sale of lands under this Investmeot Act shall be invested in interest-bearing bonds of the State, or den^'ed of the United States, as required by section three of the eleventh Jj^jJ^J]^ article of the Constitution of this State. The proceeds of the sale of lands donated to this State by Act of Congress of July second, eighteen hundred and sixty-two, shall be invested by the Board of Regents; and the proceeds of all other lands herein referred to, whenever the sum of five hundred dollars shall have been paid into the State School Fund, shall be in- vested as directed by law. Sec. 18. All claims and accounts for services, or for expenses Board.of authorized by, and necessarily incurred in carrying out any of to^aiSit*" the provisions of this Act, except the salaries of the Register daiuaa, etc. and his Deputy, shall be presented to, and audited as other claims by the State Board of Examiners; and wben any claim shall be passed and allowed by said Board, they shall apportion the same so payable or chargeable, to the several funds de- rived from the sale of lands as they shall deem proper, and so much of the funds received from the sale of lands in the several grants as may be necessary for the payment of such audited claims, shall be, and the same is hereby, appropriated out of the several funds respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board Compen- of Examiners are hereby authorized and directed to allow and united* direct to be paid such sums to the Receivers of the United oSlJ^"** States Land Offices, for any official services performed by them in relation to the designation of the selected lands upon the books of their respective offices, as they may be justly entitled to receive under the laws of the United States, or the instruc- tions of the proper department at Washington City. Sec. 19. An Act entitled " An Act to proyide tor the selec- Acts tion and sale of lands granted by the United States to the State "^® ® of Nevada," approved April second, eighteen hundred and sixty- seven; and, also, an Act entitled '•' An Act to provide for the selection and sale of lands granted by the United States to the State of Nevada," approved March fourth, eighteen hundred and seventy-one; and all other Acts, and parts of Acts, so far only as in conflict with the provisions of this ^ct, are hereby . repealed; provided^ that such repeal shall not divest any parties. y^^d** of any rights heretofore acquired under any of said Acts re- ngi^ ferred to. 126 LAWS OP NEVADA, (Qualified jurors. Manner of selecting juries. Jury list, how prepared. Jury list to be amended and corrected, when. Jury list, where kept Jury box. Trial jurors, how drawn and summoned. If before or after com- mencement of term. Chap. LXV. — An Act concerning juries. [Approved March 5, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Every qualified elector of the State, whether registered or not, who has not been convicted of treason, felony, or other infamous crime, and who is not rendered in- capable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides, or of the county to which it is attached for judicial pui'poses. Seo. 2. The District Judge of the district, and the County Clerk of each county of the State in which a District Court may sit, shall, as soon as practicable after the passage of this* Act, enter in a book, to be provided and kept for that purpose, and known as the Jury List, the name of every qualified juror of the county, so far as the same can be ascertained by them. Such names shall be alphabetically arranged; and op- posite the name of each person shall be noted, under appro- priate headings, his residence and occupation, when known; and when any juror procures his exemption from services as hereinafter provided, that fact, and the date thereof, shall also be noted opposite his name. At such ensuing term of the Court, it shall be the duty of the Judge thereof tO cause said jury list to be amended and corrected, by adding thereto the names of all qualified jurors not already included therein, and by striking therefrom the names of all such as have died, or for any reason ceased to be qualified jurors of the county. For the purpose of enabling such amendment and correction to be made, any person, whose nftne is already included in said list, may present to the Court the names of other qualified jurors of the county, who are not included therein; and it shall be the duty of the Judge to order such names to be added to the list, if it satisfactorily appear that they are qualified jurors of the county. Said jury list shall be kept in the oflice of the County Clerk, and shall be at all proper times subject to the inspection of any citizen of the county. Sec. 3. The names which are entered upon the " Jury List " shall, at the same time, be written on separate slips of paper, and deposited in a box, to be provided and kept for that pur- pose, and known as the jury box. Said box, when not in use as herein provided, shall be kept securely locked by the County Clerk. Sec. 4. To constitute the regular panel of trial jarors for any term of the District Court, a list of not exceeding fifty names shall be drawn from the jury box, either before or after the commencement of the term. If the panel be drawn before the commencement of the term the drawing shall take plao© in the office of the County Clerk, during regular office hours; if after the commencement of the term, in open Court; and in either case in the presence of all persons who may choose to witness it. The drawing shall be conducted as follows: The SIXTH SBSSTON. 127 namber to be drawn having been previously determined by the Drawing, Jadge, the box containing the names of the jurors shall first * be thoroughly shaken; it shall then be opened, and the Judge and Clerk shall, alternately, draw therefrom one ballot, until of non.exempt jurors the number determined upon is obtained. •A list of the names so obtained shall be made out and certified by the Judge and Clerk, which shall remain in the Clerk's office, subject to inspection by any officer or attorney of the Court; and the Clerk shall immediately issue a venire, directed to the Venira. Sheriff of the county, commanding him to summon the persons so drawn as trial jurors, to attend in Court at such time as the Judge may have directed; and the Sheriff shall summon such jurors, and make return of the venire, at least two days before Venire, the day named for their appearance; after which the venire J^tumed. shall be subject to inspection by any officer or attorney of the Court. Sec. 5. When, at any time during a term of the District Court, Additional it shall become necessary to summon additional trial jurors, howintwal the Judge and Clerk shall, in open Court, in the manner herein- before prescribed, draw from the jury box such number of names as may be requisite; provided, that in case any juror so Proviso, drawn reside at too great a distance from the Court to be con- veniently summoned within the time ordered for the return pf the venire, his name may be returned to the box and another drawn in its place; and, provided further, that in all drawing of Proviso, jurors under this Act, the names of persons known to be ex- empt from jury service may be thrown out and disregarded. The Clerk shall issue a venire, directed to the Sheriff, to sum- Venire for mon such additional jurors, to attend at such time as the Court jlioSrs.**"** may have directed, and the Sheriff shall summon the same, ^nd return his venire with all possible diligence. Sec. 6. When a name has been drawn from the jury box it Names in shall not be returned thereto until the box has been exhausted; to^ife^* except that when a juror drawn is not summoned, or fails to wtiiausted; appear, or after appearing is excused by the Judge l!rom serv- ing, his name shall be returned to the box to be drawn again. Sec. 7. When all the names in the jury box have been When exhausted, it shall be the duty of the Judge and Clerk to ixhaasted, replace therein separate slips of paper, containing the names ®^ of all persons included in the corrected jury list, and thereafter trial jurors shall be drawn therefrom as before. Sec. 8. It shall be the duty of the District Judge and any Grand one of the County Commissioners of the county, at least once ieiected.**^ in each year, and as much oftener as the public interests may require, to select from the jury list twenty-four persons who shall be summoned to serve as Grand Jurors, at such time as the Judge may order; out of the number so summoned the Court shall "select seventeen persons to constitute a Grand Jury. If from ^ny cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the Grand Jury, shall be selected from the jury list by the Judge and Clerk, and summoned to appear in Court at such time as the Court may direct. Sec. 9. The following named persons, and no others, may be Ezemn- exempted from serving as Grand or trial jurors: Any Judge, jir^^gJnSe 128 LAWS OF NBTAPA, Jnstice of the Peace, Countjr Clerk, Sheriff, Assessor, Consta- ble, practicing attorney, or physician, and one half of all mem- bers of each regularly enrolled fire company in this State, and all officers of such fire companies, not exceeding ten in number for each company. The Judges of the several District Courts Bonnds may, by an order entered upon the minutes of their Courts, tobfirffed!" prescribe bounds in their several counties, and all persons resid- within ' ing without such bounds may be exempted from serving on jurow juries in the manner hereinafter prescribed. Any person resid- exempted. ^"^ without such bounds may present his affidavit, showing his exemption to the Court or Judge, and if the Judge shall be satisfied therefrom that he is one of the persons entitled to be exempted under the provisions of this Act, he shall indorse thereon an order to the Clerk to make an entry on the jury list opposite the name of the applicant, showing that he is exempted from jury service till the first Monday of January next ensu- Payment ing. Upon presentation of this order to the Clerk, and upon tocfaSu*** payment to him of the sum of twenty-five dollars, in gold coin, it shall be the duty of the Clerk to grant him a certificate showing the payment of said sum, and specifying that he is exempted from jury service until the first Monday of January next ensuing. The Clerk shall also file the affidavit and order, and make the proper entry on the jury list. The moneys cora- JuryFnnd. ing into the hands of the Clerk under the operation of this law shall constitute a Jury Fund, for the safe keeping and due appli- cation of which the Clerk and his bondsmen shall be responsi- ble on his official bond. It shall be applied, first, to the pay- Jury Fund, ment to the Clerk of fifty cents for each juror exempted, for appUed. ^^s services in filing the affidavit and order and issuing the cer- tificate herein provided for, and two per cent, of the whole sum collected for all other services rendered in pursuance of this Act. The balance of the Fund shall be applied to the payment of the compensation of the jurors who serve on trial juries. It Aeoonntio shall be the -duty of the Clerk to keep an accurate account of bo kept ^Y\ moneys received and disbursed under the provisions of this section, and to submit the same to the inspection of the Court whenever it is so ordered; and it shall be the duty of the Judge to inspect and verify said account at the close of each term of the Court. It shall also Tdc the duty of the Clerk to Account of keep an accurate account of the attendance of each juror dur- Jf?uro??to ing t^® term of the Court, and at the close of the term to be kept, ascertain the amount due each juror for mileage and attend- ance, after deducting the amount received by him as fees in civil cases. If there is money enough in the Jury Fund to pay Jurors*. the jurors in full, they shall be paid therefrom. If the amount how paid, jj^ ^^Q Jury Fund is insufficient to pay the jurors in full, it shall be divided among them in proportion to the amounts due them, respectively, and the balance shall be paid out of the General Fund of the County Treasury, after the satisfaction of any de- mands against said Fund previously allowed. Court may Sbg. 10. At any time during the term the Court may, in its discretion, excuse temporarily, or for the term, any juror on account of sickness or physical disability, or serious illness or death of a member of his immediate family. excuse jurors. &IXTH SSSSION. 12t Seo. 11. Any person snmmoned as provided in this Act to Pnnisii- serve as a juror, who shall fail to attend and serve as such ffuureto juror, shall, unless excused by the Court, be fined in any sum attend and not exceeding five hundred dollars, in the discretion of the '^^^ Court, and be imprisoned in the County Jail until such fine be paid, at the rate of two dollars per day. Sec. 12. Each juror summoned in pursuance of this statute) Pay of unless he be excused by the Court from serving on the day he J^*""* is summoned to attend, shall receive three dollars per day for each and every day he may be in attendance on Court, and fifteen cents per mile in traveling to and returning from Court, to be paid as hereinbefore provided. Sec. 13. An Act entitled ^^An Act concerning juries," ap- Acts proved March third, eighteen hundred and sixty-six. and ^11 "p*»^®^ Acts repealed by that Act, and all Acts amendatory of or sup- plemental thereto, are hereby repealed; also, an Act entitled "An Act concerning compensation of jurors," approved March fifth, eighteen hundred and sixty-nine, and all Acts amendatory of or supplemental thereto, are hereby repealed. Chap. LXVI. — An Act for the rdief of T. W. Triplettf late Assessor of Zander County. [Approved March 5, 187S.] Whereas, In the year eighteen hundred and seventy, T. W. Preambio. Triplett, then Assessor of Lander County, settled in full for all poll tax receipts received from the State Controller for his county for that year, paying for all poll tax receipts so received, except such as were returned to the State Controller to balance, and in settlement of his account for poll tax receipts for that year; and, whereas, during the year eighteen hundred and seventy- two, he found eighty-five poll tax receipts received and receipted for by him, as Assessor, in eighteen hundred and seventy, and not returned, for the reason that at the time of settlement they were mislaid, and that he had, at the time of making settlement for poll tax receipts for the year eighteen hundred and seventy, fully settled and paid for; now, therefore^ The People of the State of Nevada, represented in Senate and As- sembly^ do enact as follows: Section 1. The sum of one hundred and fifty-three dollars A^pro- is hereby appropriated, out of any money in the State Treasury p"****"- not otherwise appropriated, to pay the proportion received by the State for said poll tax receipts; and the State Controller is Controiitr hereby directed and required to draw his warrant for said sum ^i^fSt. of one hundred and fifty-three dollars, in favor of T. W. Trip- lett. 17 tso LAWB OF M8VABA, Board of Gonnty Commis- eionen of Lander County to allow claim. County Auditor to draw warrant SBa 2. The Board of County Commissioners of Lander Connty are hereby directed and required to allow the claim of T. W. Triplett, in the sum of one hundred and fifty-three dollars, the proportion received by the county for said poll tax receipts; and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount. Chap. LXVII. — An Act for the relief of E, Perasich. [Approved March 5, 1873.] Preamble. Whxbeas, on the seventeenth day of September, A. D. eigh* teen hundred and seventy-one, E. Perasich was shot and severely wounded, while engaged in the defense of the Prison of the State of Nevada, and by reason of said wound has incurred great expense for medical aid and attendance, and is now unable to labor for his own support; therefore. The People of the State of Nevada, represented in Senate and As- Betnbly, do enact as follows: Appro- priation. State Controller to draw warrant. Section 1. The sum of one thousand five hundred dollars, gold coin of the United States, is hereby appropriated out of any moneys in the General Fund of the State Treasury not oth- erwise specifically appropriated, for the benefit of, and to be paid to, the said E. Perasich. Sec. 2. It shall be the duty of the State Controller to draw his warrant in favor of E. Perasich, on the State Treasurer, for the said sum of one thousand five hundred dollars, United States gold coin, and the State Treasurer shall pay the same in the order of registry out of the General Fund of the State Treasury. Cwshty Commis- sionera to establish road distriets. Chap. LX VIII. — An Act entitled an Act in relation to publie high- ways* [Approved March 6, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Whenever a majority of the taxpayers of any township in any county in the State, whose names shall appear on the last assessment roll, shall petition the Board of County Commissioners of such county to divide said township into a road district or road districts, it shall be the duty of said County Commissioners to so divide such townships and to SIXTH 8B88I0H, 131 create snch road district or districts, and to appoint a Boad Boad Supervisor for each district; when such road district or dis- ^^p®'^"'®'* tricts shall once be created, they shall remain the same and have the rights, and be subject to the duties herein given and Roaddis- imposed, until a majority of the taxpayers of such district shall aSoUsh^!" petition the Board of County Commissioners of the county to disorganize the same; when it shall be the dutjr of such Board to disorganize said district. Sec. 2. The County Clerk of the county in which such dis- County trict may be created shall immediately notify all persons Sttfy Su- appointed Boad Supervisors, who shall qualify within thirty p«rvM«^ | lays after their appointment, as provided in the next section, ment^"* ' Sec. 3. Any person appointed Boad Supervisor, shall, before RoadSu- entering upon the discharge of his official duties, take and sub- SJtlke" icribe to the official oath of this State; and shall execute and oath and deliver a good and sufficient bond with sureties, to be approved **^®*^^^"* by the Board of County Commissioners of his county, in. a penal sum to be fixed by such Board, not less than five hundred dollars, conditioned for the faithful performance of the duties of Boad Supervisor of District No.——, County •, Ne- vada, in pursuance of the provisions of this Act, which said oath shall be filed, and said bond filed and recorded, in the office of the County Clerk of said county. Said bond shall be Action on given to the State of Nevada; and actions for the benefit of ****^^ any party aggrieved may be brought thereon, in any Court of competent jurisdiction, in the same manner and with the same effect as upon other official bonds. Sec. 4. It shall be the duty of each Boad Supervisor, faith- Duties fully to collect the tax herein imposed and required to be paid, suSj^fsor. and judiciously and economically to expend the same, or such Coiieot tax. part thereof as in hir$ judgment may be required, upon the public highways of his district; to superintend all labor upon Sapenn- Buch highways, and to see that the same is faithfully per- *®°*^ ^***^'* formed. Such labor may be performed at such times as, in the judgment of the Supervisor, it will be most beneficial. The Supervisor Supervisor of each district shall, on the first Monday in {^^^^ January, and the first Monday in July, in each year, file with statement the County Clerk of his county, a list of the names of all persons in his district who have been residents of such district thirty days, and, at the same time and place, shall file a full and concise statement of all labor performed, including his own; moneys received and paid out; and any surplus of money Pay over remaining, after payment of ail road dues, not including his ^^^^^y*- own wages, he shall pay over to the County Treasurer of his county, and take a receipt therefor. The County Treasurer Boad Fond shall place the same to the credit of the Boad Fund, to be used for the benefit of said road district, which said Boad Fund the several Boards of County **^® excavating of ditches, the building of flumes, and the to be laying down of pipes, shall not obstruct any of the public obrtracted. thoroughfares of said Town of Elko. Boundaries Sec. 2. The boundaries of said Town of Elko, for the pur- tabu^^ poses of this Act, are hereby declared to be as follows, to wit: Commencing at the south end of the freight depot belonging to the Central Pacific Bailroad Company, running thence one mile east, one mile west, one mile north, one mile south, making a total area thereof of two square miles, being one mile each way, as above described from said initial point. Survey to Sec. 3. It shall be the duty of said Elko Water Company, be made. ^^^^ -^g successors, to commence the survey of the above de- scribed waterworks, within sixty days from and after the approval of this Act; and within thirty days from said com- Plat to mencement, they shall cause to be filed with the County Clerk be filed, ^f Elko County, a plat or diagram of said survey, with a writ- ten description of the line of survey; and they shall also com- OoDstruo- mence the construction of said waterworks within three months mended!* ^^^m the filing of Said plat or diagram, and the description thereof. Eikoriffbt Seo. 4. The Town of Elko shall have the right at any time worka after the expiration of five years from the completion of said waterworks, to purchase the same. Not to Seo. 5. Nothing in this Act, shall be. so construed, as to whhprtor interfere with any appropriations of water made prior to the appropriar passage of this Act. \ SIXTH SXBSIOK. 13S Chap. LXXI. — An Act making appropriations for the support of the civil government of the State of Nevada for the ninth and tenth fiscal years. [Approved March 6, 1873.] The People of the State of Nevada, represented in Senate and As- sem^ly, do enact as follows: Section 1. The following suma of money are hereby appro- Appropriap priated, out of any money in the Treasury not otherwise ap- *^^"* propriated) for the objects hereinafter expressed, and for the support of the civil government of the btate of Nevada for the ninth and tenth fiscal years: For salary of Governor, twelve thousand dollars. For salary of Private Secretary of the Governor, four thou- sand eight hundred dollars. For payment of rewards offered by the Governor, five thou- sand dollars. For pay of Bailiff of the Supreme Courti one thousand two hundred dollars. For salary of the Attorney General, five thousand dollars. For services of Attorney General as President of the Board of Directors of State Library, two thousand dollars. For salary of Secretary of State, seven thousand two hun-' dred dollars. For salary of Deputy Secretary of State, six thousand dol- lars. « For extra clerical services in office of Secretary of State, twelve hundred dollars. For copying and indexing Journals of the sixth session of the Legislature, seven hundred and ninety dollars. For copying and indexing Laws, by Secretary of State, seven hundred and fifty dollars. For contingent expenses of Board of Examiners, twelve hun- dred dollars. For pay of two Porters and one Night Watchman of State Capitol, to be expended under direction of Secretary of State, seven thousand dollars. For stationery, fuel, lights, etc., for State officers and State Capitol building, six thousand dollars. For insurance of State Library and State Capitol building, three thousand dollars. For care and preservation of State Capitol building, and for the purchase of such furniture, fixtures, etc., as may be neces- sary in the several State offices, and keeping the same in repair, three thousand dollars. Fpr furnishing fuel, lights, preparing legislative halls, and preparing furniture for the seventh session of the State Legis- lature, two thousand dollars. For draining the basement of the State Capitol, to be ex- pended under the direction and supervision of the Board of State Prison Commissioners, twelve huudred Klollari^, LAWS OF NEVADA, For salary of Clerk in Adjutant General's office and State Library, three thousand six hundred dollars. For storage, care, and transportation of State arms^ one thou- sand dollars. For salary of State Controller, seven thousand two hundred dollars. For salary of Deputy State Controller, six thousand dollars. For extra clerical services in office of State Controller, two thousand dollars; and the Controller is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation. For prosecuting delinquents for infraction of revenue laws, and enforcing the collection of revenue, to be expended under the direction of the Controller, two thousand dollars. For salary of State Treasurer, seven thousand two hundred dollars. For salary of Deputy State Treasurer, six thousand dollars. For extra clerical services in office of State Treasurer, two thousand dollars; and the Treasurer is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation. For salary of Superintendent of Public Instruction, four thou- sand dollars. For traveling expenses of Superintendent of Public Instruc- tion, within the State, twelve hundred dollars. For the support and education of the deaf and dumb and the blind, and their transmission to and from the Institution, three thousand dollars. For salary of the State Mineralogist, seven thousand two hundred dollars. For outfit of State Mineralogist, five hundred dollars. For traveling expenses of State Mineralogist, three thousand dollars. For improvement in office, and purchase of cases for display of specimens in State Museum, twelve hundred dollars. For salary of Surveyor General, two thousand dollars. For salary of Eegister of State Land Office, five thousand two hundred dollars. For salary of Deputy Eegister of State Land Office, Draughts- man, clerical services, expense of selecting land, purchase of maps and charts, fifteen thousand dollars. For care and support of indigent insane of the State, to be expended under the direction of the Board of Directors, forty- five thousand dollars. For the support of and conducting the Orphans' Home, to be expended under the direction of the Board of Directors, twenty- five thousand dollars. For the support of and conducting the State Prison, and the payment of rewards for the capture of escapes therefrom, to be expended under the direction of the Board of State Prison Commissioners, ninety thousand dollars. For salary of Warden of the State Prison, six thousand dol- lars. For salary of Deputy Warden of State Prison, three thou- sand dollars. SIXTH SESSION. 137 For services for Chaplain at State Prison, to be expended Appropria- nnder the direction of Board of State Prison Commissioners, *^^°*' five hundred dollars. For the procurement of a suitable library for the State Prison, for the use of the convicts therein, one thousand dollars. For State printing, paper, and official advertisements, and pay of Expert, to be expended under the direction of the State Con- troller, Secretary of State, and a Printing Expert, or a majority of them, thirty thousand dollars. For a current expense appropriation, to defray the telegraphic, expressage, postage, and contingent expenses of the several State officers, Supreme Court, and State Library, ten thousand dollars. Sec. 2. The various State officers, to whom appropriations Sworn other than salaries are made under the provisions of this Act, to^bo'maie shall, with their biennial reports, submit a detailed and itemized of disburse- statement, under oath, of the manner in which all expenditures ^^"ropria- for their respective departments, other than the payment of ****°^- salaries, have been expended; provided, that no officer shall use Proviso. or appropriate any money for any purpose whatever, unless authorized to do so specifically by law. Sec. 3. ^Nothing herein contained shall be so construed as to Not to apply to any appropriation that may have been, or that may Jpecmc* hereafter be, made specifically by law. appropria- Chap. LXXII. — An Act to create Contingent Funds for the Assem- bly and Senate, [Approved March 6, 1873.] ITie People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Section 1. The State Treasurer is hereby authorized and Appropria- directed to set apart from any moneys in the General Fund, not contingent otherwise appropriated, the sum of twenty-one hundred dollars, |«nd8of six hundred of which shall constitute a Contingent Fund for Assembly the Assembly, and fifteen hundred shall constitute a Contingent created. Fund for the Senate. Sec. 2. The said Funds shall be under the exclusive control Control of of the Senate and Assembly; and the Senate and Assembly may cJjnteoUOT direct the payment of money from said Fund, by resolution, to draw and the Controller of 3tate is authorized and required to draw ?^*^ his warrants in accordance therewith. resolution. 18 138 LAWS Ol* NXVABA, Chap. LXXIII. — An Act to incorporate a State Agricultural Society, and provide for the management thereof. [Approved March 7, 1878.] The People of the State of Nevada^ represented in Senate and Assem- bly ^ do enact as foUows: Nerada . SECTION 1. There is hereby established and incorporated a cultural*'^' society to be known and designated by the name and style of Society in- the "Nevada State Agricultural Society," and by that name corpora e . ^^^ style shall have perpetual succession, and shall have power to contract and be contracted with, to sue and be sued, and Corporate shall have authority to have and use a common seal, to make, powers. ordain and establish, and put in execution, such by-laws, ordi- nances, rules, and regulations as shall be necessary for the good government of said society, and the prudent and efficient man- agement of its affairs; provided, that said by-laws, ordinances, rules, and regulations shall not be contrary to any provision of this charter, or the laws and Constitution of this State or the United States. Further Seo. 2. In addition to the powers above enumerated, the vow&n, * society shall, by its name, have power to purchase, hold, and lease any quantity of land, not exceeding in the aggregate six hundred and forty acres, with such buildings and improvements as may be erected thereon, and may sell, lease, and dispose of the same at pleasure. The said real estate shall be held by such society for the purpose of erecting buildings and other improve- ments designed for the meeting of said society, and calculated to promote and encourage the interest of agriculture, horticul- ture, mechanics, manufactures, stock raising, and general domes- tic industry. Officers of Seo. 3. The officers of such society shall consist of a Pi'esi- society. dent, three Vice Presidents, five Directors, a Secretary, and a Treasurer, all of whom shall be members of such society, and shall have the management of the fiscal, prudential, and other concerns of such society, and shall be styled, the Board of Man- Board of agers. The said officers, with the exception of two of said how*^'i^*d Directors, who shall be annually appointed by the Governor of this State, shall be elected annually by the members of the society, at such time and in such manner as in the by-laws of said society may be prescribed, and shall hold their offices for the term of one year, and until their successors enter upon their duties. And said Board of Managers shall have power to fill Vacancies vacancies in said Board that may happen during their continu- Siwagers?^ ance in office, except a vacancy caused *by the death, resigna- howfiliedJ tion, or removal from the State of either of the said Directors appointed by the Governor, in which event such vacancy shall be filled by appointment of such Governor. Member- Seo. 4. Such socicty may provide by its by-laws for member- SM ship of such society, and fix the prices of such membership and the terms of duration thereof; and the members of such society shall determine by vote the place where the annual meeting and exhibition of such society shall be held, which vote shall be SIXTH SESSION. 139 taken annually, and the members shall vote either in person or by proxy. Sec. 5. Such society, by the unanimous vote of the Board of Bebt of Managers, for the purpose of purchasing or leasing property, ***®*®*^* as provided for by section two of this Act, or for the purpose of paying for property, may create debts or liabilities not ex- ceeding twenty-five thousand dollars, which ttiey may secure by mortgage upon the property of said society. Sec 6. For the purpose of carrying into effect this Act, Present Isaac L. Eequa, of Storey County, is hereby appointed Presi- goeieS.**' dent of said society; W. W. McCoy, of Lander County, P. H. CJlayton, of Douglas County, K. N. Graves, of Storey County, Yice Presidents; C. W. Pegg, of Washoe, J. Winnie, of Ormsby, William Kennedy, of Elko County, Directors; T. D. Parkinson, of Storey County, Secretary; H. W. Putnam, of Storey County, Treasurer; and the Governor of this State shall appoint two Governor other persons to act as Directors. And said Governor istJ^S^^^**' hereby authorized to fill any vacancies occasioned by the failure i>ir«ctorg. or inability of any of the above-mentioned persons to serve; and the aforesaid persons shall constitute the first Board of Managers of said society, and shall hold their offices until the first annual election thereof. Seo. 7. The first annual meeting of the society shall be held First at the City of Virginia, in the County of Storey, on the first me®tUi«. Monday of July, A. D. eighteen hundred and seventy-three. Chap. LXXIY. — An Act to authorize the County Commissioners of Storey County to issue bonds for school purposes in the Virginia and Gold Sill School Districts and to provide for the payment of the same, [Approved March 7, 1873.] The People of the State of Nevada, represented in Innate and Assem- bly y do enact as follows: Section 1. The Board of County Commissioners of Storey Bonds County are hereby authorized and directed, within sixty days «^^**iorf*«*' after the passage of this Act, to prepare and issue the bonds of said county, to the amount of thirty thousand dollars, in the Amount, form hereinafter specified, and to dispose of the same and use the proceeds arising therefrom in the manner hereinafter pro- vided. Sec. 2. The said bonds shall be of such amounts as shall be Form and deemed most salable and convenient, but no bonds shall be for a Srbond^ less amount than ^i%y dollars, and none for a greater amount than five hundred dollars; said bonds shall be printed with in- terest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven per cent, per annum, payable semi-annually. The bonds shall be payable to bearer at the office of the County Treasurer of said county, in 140 LAWS OF NEVADA, Bonds and twenty years from their date. The bonds shall be prepared in howsSed. proper form under the direction of the Board, and shall be signed by the President of the Board and countersigned by its Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board. Sale of Seo. 3. The Board of County Commissioners of said county, bonds. after said bonds shall have been so prepared and signed, shall appoint some competent and disinterested person to dispose of said bonds, and said bonds shall be delivered to the person so appointed, and he shall be thereupon authorized and directed to dispose of them, or any part thereof; but the rates at which said bonds shall be disposed of shall be fixed by the Board of County Commissioners, and may be changed from time to time as they may order. Funds Seo. 4. AH funds derived from the sale of said bonds or any of frcSTsaieof tJ^6oi shall be paid into the County Treasury of Storey County, ^^°rJiL**^ for the use and benefit of the Virginia and Gold Hill School *^^' Districts in said county; the amount derived from the sale of twenty thousand dollars of bonds as provided in section one of this Act to be for the benefit of the Virginia School District, Funds and the amount derived from the sale of ten thousand dollars between of bonds as provided in said section to be for the benefit of the wid^\d ^^^^ ^^^^ District; and said funds shall not be liable to use or Hill School appropriation for any other purpose; and said ^nds shall be Districts, pg^j^j Q^^ ]^y ^jjg Treasurer of said county in the same manner as is now provided by law for the payment of money from funds in said Treasury appropriated to the use of said districts. School Sec. 5. From the moneys received by the County Treasurer intwest of said county for the use and benefit of the said Virginia and sf^king ^^^^ ^^^^ School Districts, there shall be annually set apart the Fund sum of two thousand dollars, which sum shall be placed by created. ^^^^ Treasurer in a separate Fund, to be called the " School Bond Interest and Sinking Fund," and shall be applied: How Fund First — To the payment of the semi-annual interest upon said appUed. bonds as above directed. Second — To the redemption of said bonds as hereinafter pro- vided. Surplus to Sec. 6. Whenever all interest due upon said bonds shall tor'fi*^ have been fully paid, and there shall be in said Fund a surplus, tion of which upon a fair estimate of the receipts which will probably ° come into the same will not be needed for the payment of future interest to accrue within the next succeeding twelve months, the Board of School Trustees for said Virginia and Gold Hill School Districts, after having ascertained the amount of sur- plus, shall insert an adver^tisement in at least one newspaper published in said county, for a period of not less than two Sealed Weeks, stating the amount of money on hand to be applied in ^osais ^bg purchase of said bonds, and inviting sealed proposals to sup- invited. render the same, to be made and filed with the Clerk of said Board on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the prefer- SIXTH* SESSION. 141 ence in all cases to the bidder who shall offer to surrender Proyiso. said bonds at the lowest price ; provided, that no offer shall be accepted for more than the par value of said bonds. Chap. LXXY. — An Adt for the more effectual prevention of cruelty to animals, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Any three or more citizens of the State of Ne- Benefits yada, who shall incorporate as a body corporate under the gen- ^Dfewed. eral laws for incorporations in this State, for the purpose of preventing cruelty to animals, may avail themselves of the privileges and benefits of this Act; provided, that the corporate PtotIso. body first forming as aforesaid in any county shall be the only one so entitled to the benefits and privileges of this Act in said county. Sec. 2. The said societies may make and adopt by-laws gov- By-iawaof eming the admission of associates and members, providing for ^^^^^' all meetings, and assistant and district or local officers; provid- ing also for mebns and systems for the effectual attainments of the objects contemplated by this Act, for the regulation and management of its business affairs, and for the effectual work- ing of the societies; prescribing, also, the duties of all their offi- cers, for the outlay of all moneys, and the auditing of all accounts; provided, that such by-laws shall not in anywise con-ProviBo. flict with the laws of the State of Nevada or of the United States, or any provisions of this Act. Sec. 3. Said societies shall elect officers and fill vacancies officers of according to the provisions of their by-laws. They shall make ^<^*®*y- such reports of elections as is by law required of all corpora- tions, and shall, in addition, report to the Legislature of the Reports. State of Nevada, at each of its regular sessions, a full account of all their acts. Seo. 4. All Sheriffs, Constables, police, and peace officers are Duties of empowered to make arrests for the violation of aoy of the pro 1^qq„^ visions of this Act, and are hereby also empowered to make arrest without warrant, for the violation of any provision of this Act which by this Act is denominated a misdemeanor, when said misdemeanor is committed in the presence of said officers. Sec. 5. All members and agents, and all local and district Arrests hy officers of each or any of the societies so incorporating, as shall ^ciety^uid by the Trustees of said societies be duly authorized in writing, others, approved by the County Judge of the county, and sworn in the same manner as are Constables and peace officers, may make arrests for the violation of the provisions of this Act in the same manner as is provided herein for other officers; provided, Society that all such members shall, when making such arrests, exhibit ^^^' 142 LAWB OV IfSVADA, Punish- ment for reeistanoe. Aet inhib- ited made misde- meaner. Proviso. Transpor- tation in crael manner. Custody of vehicle, etc Pasnnent of charges. Maimed or diseased animaL Proviso. and expose a snitable badge, to be adopted by said society. All persons resisting said specially appointed officers, as such, shall be punished for said resistance in the same manner as is pro- vided for the punishment of resistance to other officers. Seo. 6. Every person who shall overdrive, overload, torture, torment, or deprive of sufficient and necessary sustenance, or unmercifully or cruelly beat or mutilate any living creature, shall, on conviction, be deemed guilty of a misdemeanor. Every person who shall, by his act or neglect, maliciously maim, wound, injure, torture, or cruelly beat any animal belonging to himself or to another, shall, on conviction, be deemed guilty of a misdemeanor. Any person who shall cause any animals, bull, bear, dog, cock, or other creature to fight, worry, or injure each other, or any person who shall permit the same to be done on premises under his charge or control, and any person who shall aid, abet, or be present at such fighting and worrying of such animals as a spectator for an admission fee, shall, on conviction, be deemed guilty of a misdemeanor; provided, that this shall not apply to officers of said society, peace, or police officers, or to witnesses authorized by the Board of Trustees of said society to be present at such fight for the purpose of giving evidence before the Police Judge, magistrate, or the Grand Jury of the county in which the offense was committed. Every person who, carrying or transporting, or causing to be carried or trans- ported on any vehicle, railroad car, steamer, or sailing vessel, any living creature, shall unnecessarily torture, injure, torment, beat, wound, or deprive of necessary sustenance, or cause un- necessary pain to them, or any person who ertiall pluck the feathers from any living fowl or bird, geese and tame ducks excepted, shall, on conviction, be deemed guilty of a misde- meanor; and whenever such person shall be taken into custody or placed under arrest by any officer or person authorized to take into custody and to arrest for said unlawftil acts, such per- son so arresting may take charge of the vehicle and its contents in which such unlawful carrying is committed, and keep the same in some safe place, to be by the owner or person controll- ing said vehicle designated, or if such place be not designated, then to deliver the same into the custody of the Sheriff or Con* stable, to be safely kept until such person so arrested shall be admitted to bail or shall claim the same, when it shall be deliv- ered to the owner or person entitled to the possession thereof, upon the payment of all charges of detention and keeping. Every owner, driver, or possessor of any maimed or diseased horse, mule, .ox, or cow, or other domestic animal, who shall permit the same to go loose in any street, alley, or vacant lot of any town or city for more than three hours, after knowledge thereof, shall, on conviction, be deemed guilty of a misdemeanor; provided, this shall not apply to owner keeping such animal, belonging to him, on his own premises, with proper care. Every sick, disabled, infirm, or crippled horse, ox, mule, cow, or other domestic animal, which shall be abandoned on the public high- way, or in any open space in any city or town, may, after due search by a peace officer of said society, and no owner can. be found therefor, be destroyed by such officer, and it shall be the SIXTH SSS8I0K. 143 dnty of all police and peace officers to canse tbe same to be done on information of such fact of abandonment of such creatures. Sec. 7. Every person convicted of any misdemeanor under Punish- tbis Act sball be punished as is by law provided for the punish- °'®°*- ment of misdemeanors. Sec. 8. All prosecutions for violation of any of the pro vis- Prosoou- ions of this Act shall be conducted and prosecuted in a Court of vkSation competent jurisdiction; and any member of said societies, o^ Act authorized as is provided in section five of this Act, may appear and prosecute in any of said Courts, for any violation of the provisions of this Act, whether or not he be an attorney and counselor at law; provided^ that all such prosecutions shall be Proviso, conducted in the name of the people of the State of Nevada. Sec. 9. In all prosecutions for the violation of any of the Judgment provisions of this Act, the Court shall, if the defendant be conviction found guilty, direct the Clerk to enter, if it be a Court of record, for vioia- and if not, the Judge of said Court shall enter upon the docket p^rovfsions or judgment record of said Court, the fact that the defendant ^^ ^^^* ^^ was convicted for a violation of some provision of this Act; and the Judge or Court shall direct that the whole of the fine which may be paid as a penalty for such violation, to be paid io the President, Secretary, or Treasurer of any society in said county organized and incorporated as herein provided. And such Judge of such Court, Justice, or Clerk of the Court, if it be a Court of record, shall annually report, on the first Monday in September, the amount of money so paid to said society, in a report to be transmitted to the Board of Supervisors of said county; and each of said Boards of Supervisors shall make a report, on the first Monday of November of each year to the Controller of the State, of all such sums of money so paid to said society, and said Controller shall report the sum total of said sums to the Legislature at each of its regular sessions. Sec. 10. No part of this Act shall be deemed to interfere Provisions with any of the laws of this State known as the game laws, or ^^ ^torfere any laws for the destruction of certain birds; nor shall this Act with other be deemed to interfere with the rfght to destroy any venomous laws.'"*' reptiles or animals, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill all ani- mals and fowls used for food; nor shall this Act be deemed to interfere with any scientific or physiological experiments con- - ducted or prosecuted for the advancement of science or medi- cine. Ii4 LAWS or NKVADA, Burglary. Punish- ment Burglary ufNon railroad train. Venue. House- breaking. Punish- ment. Nlfht-time defined. House- breaking on railroad train. Venue. Injuring dwelling house, ete. Chap. LXXVI. — An Act amendatory of and supplemental to "iln Act concerning crimes and punishments," approved November twenty-sixth, eighteen hundred and sixty-one, and all Acts amend- atory of and supplemental thereto, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section fifty-nine of said Act is amended so as to read as follows: Section Fifty-nine. Every person who shall, in the night- time, forcibly break and enter, or without force (the doors or windows being open), enter into any dwelling house, or tent, or any other house or building whatever, or any vessel, water craft, railroad, passenger, or fVeight car, with intent to commit murder, robbery, rape, mayhem, grand larceny, petit larceny, or any felony, shall be deemed guilty of burglary, and, on con- viction thereof, shall be punished by imprisonment in the State Prison for a term not less than one nor more than ten years. Whenever such burglary is committed upon a railroad train, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county said crime was com- mitted, the offender may be arrested and tried in any, county through which said railroad train may have run. Every person who, in the day-time, shall enter any dwelling house, shop, warehouse, depot, store, mill, barn, stable, outhouse, other building, vessel, or railroad passenger or freight car, with intent to steal, or to commit any felony whatever therein, is guilty of housebreaking, and, on conviction, shall be punished by imprisonment in the State Prison for not less than one nor more than five years, l^ight-time, as in this section named, means the period between sunset and sunrise. If housebreak- ing be committed upon any railroad train, in motion or in rest, in this State, and it cannot with reasonable certainty be ascer- tained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train may haye run. Seo. 2. Section one hundred and forty-four of said Act is hereby amended so as to read: Section One Hundred and Forty-four. Every person who shall willfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling house, shop, store, or other house or building; or the door, window, grating, plat- form, wheels, or other part of any railroad car, or sever there- from, or fVom any gate, fence, or inclosurp, any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate, post, railing, or fence, or any part thereof, or break, destroy, or injure any steamer or other sailing craft, or cut down, lap, girdle, or otherwise injure or destroy any fruit, or ornamental, or shade tree, being the prop- erty of another, shall, on conviction, be fined not more than SIXTH SESSION. 145 two hundred dollars, or imprisoned in the County Jail not ex- Punish- ceeding six months. "^®°** Chap. LXXVII. — An Act to redistrict the State of Nevada, [Approved March 7, 1873.] Tfie People of the State of Nevada, represented in Senate and As- sembly y do enact as follows: Section 1. From and after the first Monday in January, Judicial A. D. one thousand eight hundred and seventy -five, the State ^^**'*«**- shall be divided into Judicial Districts, as follows: The County of Storey shall constitute the First Judicial District; the Coun- ties of Washoe, Ormsby, and Douglas the Second Judicial Dis- trict; the County of Lyon the Third Judicial District; the County of Humboldt the Fourth Judicial District; the Counties of Lander, Nye, and Churchill the Fifth Judicial District; the Counties of White Pine and Eureka the Sixth Judicial District; the County of Lincoln the Seventh Judicial District; the County of Esmeralda the Eighth Judicial District, and the County of Elko the Ninth Judicial District. For each of which districts Election of a District Judge shall be elected by the qualified electors thereof, j^aS!* at the general election in the year A. D. one thousand eight hundred and seventy-four. Seo. 2. The terms of Court shall commence in said districts Terms of as follows: In the First District— On the first Monday in Jan- ^^'*'*' uary, March, June, and October. In the Second District — In the County of Washoe, on the first Monday of January, June, and October; in the County of Ormsby, on the first Monday of March, August, and November; in the County of Douglas, on the first Monday in May and December. In the Third Dis- trict — On the first Monday in February, May, August, and No- vember. In the Fourth District — On the first Monday in Jan- uary, April, July, and October. In the Fifth District — In the County of Lander, on the first Monday in January, June, and October; in the County of Nye, on the first Monday in March, August, and November; in the County of Churchill, on the first Monday in May and December. In the Sixth District — In. the County of White Pine, on the first Monday in January, May, and September; in the County of Eureka, on the first Monday in March, July, and November. In the Seventh District — On the first Monday in January, April, July, and October. In the Eighth District — On the third Monday in February, May, August, and November. In the Ninth District — On the first Monday in January, April, July, and October. Seo. 3. The annual salaries of the Judges of the several dis- Salaries of tricts shall be as follows: Of the First District, seven thousand j^jjes! dollars; of the Second District, five thousand dollars — of which sum the County of Washoe shall pay twenty-one hundred dol- 19 146 LAWS OV NEVADA, Same. ]ars, the Coanty of Ormsby shall pay twenty-one hundred dol- lars, and the County of Douglas shall pay eight hundred dollars; of the Third District, three thousand six hundred dollars; of the Fourth District, four thousand dollars; of the Fifth Dis- trict, five thousand five hundred dollars — of which sum the County of Lander shall pay twenty-four hundred dollars, the County of Nye - shall pay twenty-one hundred dollars, and the County of Churchill shall pay ten hundred dollars; of the Sixth District, seven thousand dollars — of which the County of White Fine shall pay three thousand five hundred dollars, and the County of Eureka shall pay three thousand five hundred dollars; of the Seventh District, five thousand dollars; of the Eighth ^District, twenty -four hundred dollars; of the Ninth District, four thousand dollars. Aet to take Seg. 4. This Act shall take efi^ect on the first Monday of Jan- uary, A. D. eighteen hundred and seventy-five. effeet. Funding Com mis- sionera created. Duty to prepare bonds, etc. Bond?, de- nomination 9f, etc. Chap. LXXYIII. — An Act to consolidate and fund the indebtedness of White Pine County. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. In order to consolidate and fund the entire in- debtedness of the County of White Pine, for which warrants have been issued, and place all of its financial transactions upon a cash basis, the Chairman of the Board of County Commis- sioners, the Auditor, and County Treasurer of said county, and their successors in office, shall constitute and are hereby created a Board of Commissioners, to be known and styled as the Funding Commissioners of the County of White Pine of the State of Nevada, and shall have and exercise the powers here- inafter provided. Sec. 2. It shall be the duty of said Funding Commissioners to cause to be prepared bonds, equal to the present county indebtedness, together with all the indebtedness that shall have accrued, for which warrants have, or may be, issued before the first day of April, A. D. one thousand eight hundred and sev- enty-three. Said bonds shall be of the denomination of one hun- dred, three hundred, and five hundred dollars each, and each and every bond purport, in substance, that the County of White Pine, State of Nevada, owes the holder thereof a sum to be expressed therein, bearing interest at the rate of ten per cent, per annum from the first day of April, A. D. one thousand eight hundred and seventy-three; the interest to be paid upon presen- tation at the office of the County Treasurer, on the first day of January, A. D. one thousand eight hundred and seventy-four, and on the first day of January annually thereafter, until said bonds are paid and liquidated. Said bonds shall be due and SIXTH SESSION. 147 payable in gold coin, at the office of the County Treasurer of said County of White Pine, on or before the first day of Jan- uary, one thousand eight hundred and eighty-three. Said bonds shall be signed by the Chairman of the Board of Couiity Com- missioners of said county, and countersigned by the County Auditor, and indorsed by the County Treasurer, and shall have the sea] of the county annexed thereto. Sec. 3. It shall be the duty of the Funding Commissioners Gommis- to keep an account of the number, denomination, and amount to*keop of all bonds signed by them in accordance with the provisions ■S^^t of this Act; and it shall be the duty of said Commissioners to ** ° examine all warrants presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurer's and Auditor's books, corresponding to the entries therein, and no others than those found to be true and lawful ones against the County of White Pine shall be funded. Sec. 4. It shall be the duty of the Auditor and Treasurer Separate each to keep a separate record of all such bonds as may bejj^jj**^ issued in accordance with this Act, showing the number, date, and amount, and to whom issued, together with the coupons that may be issued. Sec. 5. Coupons for the interest shall be annexed to each Coupons, bond; said coupons shall be numbered and shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. Sec. 6. All persons having any warrants of the County of Who White Pine, payable on or before the first day of April, one J? f^^ thousand eight hundred and seventy-three, whether warrants drawn upon the Treasurer or accounts audited and allowed by the Board of County Commissioners before the first day of April, one thousand eight hundred and seventy-three, shall be entitled to fund the same by virtue of this Act; provided, that Proviso, for any fractional sum less than the amount of the bonds author- ized to be issued by this Act, said Commissioners shall issue to the holder of the county warrant, or such other evidences of indebtedness as may have been audited or allowed by the Board of County Commissioners, a certificate of such fractional sum, and upon presentation of the same to the County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified; and said warrant thus drawn must be pre- sented to the Treasurer of said county within eight months after the first day of April, one thousand eight hundred and seventy-three. And said warrants shall be payable in coin, in their regular order of payment, according to the number and date thereof. Sec. 7. Whenever any bond shall have been paid and re- Redemp- deemed by the County Treasurer, he shall mark the same jjjj^ " Canceled," over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt 148 LAWS or NXVADA, Interett Uz to be leried and coUeeted. How applied. Proviso. Arrange- menta for payment of interest. Sinking Fund set apart Advertise- ment for surrender of bonds. therefor, and the County Auditor, upon receipt of such canceled bonds, shall file the same in his office. Sbo. 8. In addition to the ordinary taxes for county pur- poses there shall be, for the year one thousand eight hundred and seventy-three, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided, to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax, to be called the Interest Tax, of sixty cents on each one hundred dollars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and be paid over to the County Treasurer. The fund derived from this tax shall be applied only to the pay- ment of the interest accruing upon said bonds, as herein pro- vided; provided, that should said funds furnish a surplus over and above what may be required for the payment of said inter- est, such surplus shall be turned over and paid into the Sinking Fund herein provided for. Seo. 9. It shall be the duty of the County Treasurer of White Pine County to make such arrangements for the pay- ment of the interest of said bonds, when the same falls due, at least thirty days before the time of payment; and in the event said Interest Fund is insufficient, the said Treasurer shall draw on the General Fund of the county for such purpose; and in the event that said Fund should prove inadequate, the said Treasurer is authorized and required to make such contract and arrangements as may be necessary for the payment of said interest, and for the protection of the credit of the county. Sec. 10. It shall be the duty of the Treasurer of said county to set apart a Fund, to be called the "Sinking Fund of the County of White Pine." Into said Fund shall be paid, first, any and all surplus of the Interest Fund, as aforesaid; second, fifteen (15) per centum of all county revenues in the County Treasury of said county at the time of the taking effect of this Act, which the Board of County Commissioners shall cause to be transferred into said Sinking Fund, as soon after the first day of April, A. D. one thousand eight hundred and seventy- three, as practicable, and fifteen (15) per centum of all county revenues paid into the Treasury of said county at any time after the first day of April, A. D. one thousand eight hundred and sev- enty-three, to be placed in said Sinking Fund, as soon as paid into said Treasury. Each of said payments shall be continued until the Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds; and when the same shall have been paid and liquidated the same shall cease, and all sur- plus remaining in the Sinking Fund shall be paid into the Gen- eral Fund of said county. Seo. 11. Whenever at any time there shall be in the Sinking Fund a sum of money amounting to one thousand dollars or upward, the County Treasurer shall advertise in a public news- paper published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds; but in case there be no newspaper published in said county, then in that case said advertisement shall be published in some newspaper having the largest circulation in said county, to be designated by SIXTH SESSION. 149 the Chairman of the Board of County Commissioners — ^the advertisement to specify the day, hour, and place the sealed proposals will be opened. Sec. 12. At the time specified, the Treasurer shall open the PropoeaiB sealed proposals, at his office, in the presence of the Chairman ^^^^ of the Board of County Commissioners and Auditor, and such other persons as may wish to be present, and shall pay and Payment liquidate such bonds presented at the lowest value at which they may be proposed to be liquidated; providedy the same shall not be for more than their par value; and, provided j that if there be no sealed proposals made or offered for the surrender and payment of said bonds, then in that case it shall be the duty of the County Treasurer to advertise, in the manner as before mentioned, for a period of not less than twenty or more than thirty days, for the surrender and payment of so many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment, commencing with number one, two, and three, and so continue the payment in that order, according to their number and date; and in the event that the When holder or holders of the bond or bonds first in order of payment towaw. shall fail to present his or their bond or bonds for payment, at the office of the County Treasurer, in the Town of Hamilton, at the time indicated in the before-mentioned advertisement, then in that case the said bond or bonds shall cease to draw interest from such date named in the advertisement for the pay- ment of the same. And in like manner the County Treasurer shall continue to advertise the next bond or bonds in order of payment, according to their number and date, and if the holder or holders thereof fail . to surrender for payment, as provided, the interest upon said bonds shall cease, as before mentioned. The County Treasurer shall continue to advertise fVom time to Adrertise- time, as provideil, until the whole amount of bonds has been JJn^^J§f advertised, or the amount of money in the Sinking Fund shall have been paid out in their redemption, as heretofore provided; and, provided, that should there be no proposals made for less than par value, then the payment shall be made pro rata on all of said bonds; provided, further, that said bonds upon which interest shall have ceased in consequence of the holder or hold- ers thereof having failed to present the same for payment, as above provided in this Act, then and in that case said bonds shall have preference over the interest-bearing bonds in order of payment, and shall be paid in their regular order of date and number, but under the same rules, regulations, and restrictions as provided in this Act for interest-bearing bonds. Sec. 13. A full and particular account and record of the Record, Sinking Fund shall be kept by said Treasurer, and shall at all ^iiig times be open for the inspection of the Auditor, Board of Com- ?"J*^*2 mission ers, and Grand Jury; and upon demand of the Grand * ^^ Jury of said county, the Treasurer shall cause a concise state- ment to be made of the condition and business of said Fund, and the amount of bonds issued, and to whom issued. Sec. 14. The County Treasurer shall pay, out of any money Expenses of in the Treasury not otherwise appropriated, any and all expense KSSuu™* that may be incurred in having said bonds prepared, not to exceed the sum of five hundred dollars. 150 LAWS OF NEVADA, Ck>mpen- satioii of Commis- sioners. Advertise- ment for fanding. When Treasurer prohibited nrom paying warrants. Officers not complying with Act guilty of misde- meanor. Penalty. Substance of section to be giren in charge to the Grand Jury. Power of District Court. Fines, etc. Repeal. Seo. 15. The Fanding Commissioners shall receive such com- pensation for their services as the Board of County Commis- sioners may allow, to be paid out of the County Treasury, as other charges against the county are paid. Seo. 16. On the first day of April, one thousand eight hun- dred and seventy-three, the County Treasurer of White Pine County shall advertise in some newspaper, as heretofore pro- vided, for the period of thirty days, that from and after that day the funding of the then outstanding warrants of White Pine County will commence; from which date it shall not be lawful for the Treasurer of said county to pay or liquidate any of the outstanding warrants of said county in any other way than by funding it [them] in accordance with the provisions of this Act; nor shall said Treasurer, under any pretense what- ever, liquidate, pay, or cause to be paid any portion thereof, only in accordance with the provisions of this Act. The expense for publishing, as provided in this Act, shall be paid out of the General Fund of the county. Sec. 17. Any county officer or officers of the County of White Pine who shall willfully neglect or refuse to comply with the requisitions or provisions of this Act, shall be deemed guilty of misdemeanor in office, and be fined in any sum not less than two hundred nor more than one thousand dollars, to be recoverable before any Court of competent jurisdiction, or dismissal from office, or both such fine and dismissal, in the discretion of the Court; and it is hereby made the duty of the District Judge of White Pine County to give the substance of this section in charge to the Grand Jury, at each session, making it their duty to inquire and investigate as to any infraction or violation of this Act by any of the officers herein named whose duty it is to carry into practical effect the provisions of this Act, and it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act. Sec 18. The District Court of White Pine County shall have power to enforce obedience to the provisions of this Act, and for that purpose shall have full power to issue process of mandamtiSf prohibition, and all other writs that may be required that are authorized by law. Sec 19. All fines and penalties collected under the provis- ions of this Act shall be paid into the School Fund. Sec 20. All Acts, or parts of Acts, in conflict with this Act, are hereby repealed. Chap. LXXIX. — An Act to authorize the Board of County Com- missioners of Elko County J Nevada, to issue bonds payable from the Building Fund, and to levy a tax to provide for the payment thereof [Approved March 7, 1873.] Preamble. Whebeas, The County of Elko, State of Nevada, has here- heretofore tofore issued bonds, in pursuance of an Act of the Legislature issued. of this State, approved March tenth, eighteen hundred and SIXTH SESSION. 151 sixty-five, entitled "An Act to authorize the County Commis- sioners of the several counties of this State to build or pur- chase buildings suitable for county purposes/' and that said bonds now outstanding amount to the sum of twenty-one thou- sand dollars, and are due and payable on the first day of Jan- uary, A. D. eighteen hundred and seventy-four; whereas, the Warrant further sum of thirty-five hundred dollars was obtained from j^uedf*" J. N. Williams, as a loan to provide in part for the payment of the interest on said Court-House bonds aforesaid, and for which a warrant was drawn on the Building Fund of said county, and duly legalized by an Act of the Legislature of this State, ap- proved February sixteenth, eighteen hundred and seventy-one, and the same is due and payable; and, whereas, the principal of said bonds and warrants amount to the sum of twenty-four Amount thousand and five hundred dollars, gold coin of the United ^^^' States; therefore, The People of the State of Nevada, represented in Senate and As- sembly , do enact as follows: Section 1. In order to provide for the payment of the Elko bonds and warrants now due, and to become due, amounting au^hwiz^d to the sum of twenty-four thousand and five hundred dollars, to contract gold coin, as herein recited and set forth, a loan, not exceeding ^*°' the sum of twenty-eight thousand dollars, gold coin of the United States, is hereby authorized to be negotiated, on the faith and credit of the County of Elko, Nevada, to be paid within ten (10) years from the first day of January, A. D. eighteen hundred and seventy-four, to bear interest at the rate of ten per cent, per annum. Sec. 2. The Board of County Commissioners of Elko County Bonds to shall cause to be prepared suitable bonds, to be issued for the ^®*«sued. payment of the loan authorized by this Act, which bonds shall Substance be of the denomination of five hundred dollars each, and every ofbon^. bond purport, in substance, that the County of Elko, State of Nevada, owes the holder thereof the sum of five hundred dol- lars, gold coin of the United States, payable from the Building Fund of said county, and to bear interest at the rate of ten per cent, per annum, from the first day of January, A. D. eighteen interest, hundred and seventy-four, the interest to be paid at the office wherepaid. of the County Treasurer of said county, on the first day of January, A. D. eighteen hundred and seventy-five, and annu- ally thereafter, in gold coin, until said bonds are paid and liquidated. Said bonds shall be signed by the Chairman of the Bonds, how Board of County Commissioners, countersigned by the Clerk of s^|^*°^ said Board, and indorsed by the County Treasurer, and shall have the seal of said Board impressed thereon, and the said bonds shall bear date of January first, A. D. eighteen hundred and seventy-four. Sec. 3. Coupons for the interest shall be attached to each interest bond. Said coupons shall be numbered consecutively, and shall ^^^^^p****®- express the amount of interest due at the respective periods Formj herein named, and shall be signed by the Chairman of the Board of County Commissioners, and the County Treasurer, and upon the payment of said coupons by the County Treas- 152 LAWS OF NEVADA, nrer he shall deliver the same to the County Auditor, to be by him filed in his office. Sale of Sec. 4. It shall be the duty of the Board of County Com- ^■^' misfiioners, and they are hereby authorized to negotiate the sale of the bonds provided herein to be issued. Said bonds, or so many thereof as may be required, shall be sold at the highest market price that can be obtained for the same, in gold coin of Proceeds to the United States, and the proceeds from said sale to be paid BuS^ng°*** into the Building Fund of said county, as in this Act provided, Fund. to be used for redeeming the bonds and wai'rants in the fore- going preamble recited; provided^ the said Board may exchange Proviso, any of the bonds issued under this Act in lieu of any outstand- ing bonds and warrants in said preamble mentioned, if on such terms as would seem to them advisable. Clerk to Sec. 5. It .shall be the duty of the Clerk of said Board to ofTonS keep a record of all such bonds as may be issued in accordance issued. with this Act, showiog the number, date, amount, and to whom issued. Building Sec. 6. After the negotiation and sale of the bonds provided CToated. ^or in this Act, it shall be the duty of the County Treasurer to set apart a Fund for the purpose of paying the principal and interest of said bonds, as the same may become due, which shall be called the Building Fund. There shall be levied and special tax Collected for the fiscal year commencing January first, one authorized, thousand eight hundred and seventy-four, and annually there- after until all the bonds issued and sold under this Act shall have been fully paid, both principal and interest, a special tax, to be known as the Building Tax, of fifteen (15) cents on each one hundred dollars of taxable property in the county, including the tax on the proceeds of the mines. The moneys derived from this tax shall be applied to the payment of the interest accruing upon said bonds issued in pursuance of this Act; pro- Surplus, vldedj that should a surplus remain in said Building Fund after applied. ^^^ payment of the annual interest, it shall be applied toward the payment of the principal as in this Act provided. Surplus in Sec. 7. If, on the first day of January, one thousand eight Pun^ how bundred and seventy-five, or whenever, on the first day of Jan- applied, uary annually thereafter, until the bonds provided to be issued by this Act shall have been paid and liquidated, there shaU remain -in said Building Fund a surplus of five hundred dollars or more, after the payment of the interest, as in this Act pro- vided, the County Treasurer shall advertise, in a newspaper published in Elko County, for the space of thirty days, for Notice for Sealed proposals for the redemption of said bonds; and in case propMais. tbere be no paper published in said county, then in that event in some newspaper published in the State having the largest circulation in said county, to be designated by the County Com- missioners; the said advertisement to specify the place, day, and hour the said proposals will be opened. Sealed Sec. 8. At the place and time specified, the County Treasurer Eeopened*** s^^^l op®^^ Said proposals In the presence of the Chairman of and the Board of County Commissioners and County Auditor, and awar e g^all pay and liquidate such bonds presented at the lowest value which they may be proposed to be surrendered; provided, that no bid shall be received for more than the par value; and, pro- SIXTH SESSION. 1&3 vided further, that if there be no sealed proposals made or No bids offered for the surrender and payment of said bonds, then in notice to that case it shall be the^duty of the County Treasurer to adver- ^J^^^°' tiee, in the manner and for the time as before mentioned, for Sf ^nds. the surrender and payment of so many of said bonds as the amount of money in said Building Fund will pay, in their reg- ular order as numbered, commencing with number one, and continuing the payments in that order according to their num- ber; and in the event that the holder or holders of the bond or Bonds, bonds, in order of payment as above provided, shall fail to ^^tJo?*^ present his or their bonds for payment at the office of the presented. County Treasurer, at Elko, Nevada, at the time named in said bear advertisement, then in that case the said bond or bonds so adver- «»*«'««*• tieed shall cease to bear interest from such date named in the advertisement for the payment of the same; provided^ said Treasurer Treasurer shall reserve in said Fund an amount sufficient to i^ountT ^ pay the principal of said bonds advertised, when presented for payment. Seo. 9. The expense for bonds and publishing, as provided Expense of in this Act, shall be paid out of the General Fund of the county, howpaidf" Chap. LXXX. — An Act fixing the number of Officers and Employes of the Senate and Assembly, to define their duties, and to establish their pay, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. The officers and employes of the Senate shall Officers and consist of one Secretary, one Assistant Secretary, one Sergeant- SPSinatl at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, two Copying Clerks, one Chief Clerk of Committees, three Com- mittee Clerks, one Porter, one Messenger, and two Pages. , Sec. 2. The officers and employes of the Assembly shall Officers and ' consist of one Chief Clerk, one Assistant Clerk, one Sergeant- AssemWy?' at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, one Chief Clerk of Committees, four Committee Clerks, two Copying Clerks, one Porter, one Messenger, and two Pages. Sec. 3. There shall be paid to the several officers and em- Salaries of ployes named in this Act, for all services rendered by them ©mpioyS?^ under the provisions of this Act, the following sums and no more: The Secretary of the Senate, and Assistant Secretary of the Senate, the Chief Clerk of the Assembly, and Assistant Clerk of the Assembly, shaff receive ten (10) dollars per day; all other clerks of the two Houses, with the exception of Chief Clerks of Committees, and Committee Clerks, who shall receive 20 154 LAWS OF NEVADA, Additional copying. Oompen- sation. Secretary of Senate, duties ofl Chief Clerk of Assembly, duties of. Duties of Assistant Clerks. Duties of Minute Clerks. Journal Clerk of Senate. Journal Clerk ( f Assembly. Duties of Copying Clerkst Duties of Sergeants- at-Arms. BIX (6) dollars per day, shall each receive nine (9) dollars per day; to the Sergeant-at-Arms of the Senate, and to the Sergeant- at-Arms of the Assembly, each ten (lOJ dollars per day; to the Assistant Sergeant-at-Arms of the Senate, and of the Assem- bly, each eight (8) dollars per day; to the Porters of the Sen- ate and Assembly, each five (5) dollars per day; to the Messen- gers, each four (4) dollars per day; and to the Pages, each three (3) dollars per day; and all additional copying required in the enrolling and engrossing departments of the two Houses, shall be under the supervision of tlie Chairman of the Enrolling and Engrossing Committees respectively, and shall be compen- sated at the rate of fifteen (15) cents per folio, for engrossing, and twenty-five (25) cents per folio for enrolling. Sec. 4. It shall be the duty of the Secretary of the Senate to attend each day, call the roll, read the Journal and bills; to take charge of and superintend the copying of the Journals, and all other copying necessary to be done lor the Senate. It shall be the duty of the Chief Clerk of the Assembly to attend each day, to call the roll, read the Journal and bills, and to take charge of and superintend the copying of the Journals, and all other copying necessary to be done for the Assembly. It shall be the duty of the Assistant Secretary of the Senate, and the •Assistant Clerk of the Assembly, to take charge of all bills, peti- tions, and other papers presented to their respective Houses, to file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the Secre- tary of the Senate and Chief Clerk of the Assembly. It shall be the duty of the Minute Clerk of the Senate, and the Minute Clerk of the Assembly, to keep a correct record of the proceed- ings of each day, for the purpose of having such proceedings recorded in the Journals, by the Journal Clerks of their respect- ive Houses. It shall be the duty of the Journal Clerk of the Senate to record each day's proceedings in the Journal, from which they shall be read by the Secretary each day of meeting, in order that they may be authenticated by the signature of the President. It shall be the duty of the Journal Clerk of the Assembly to perform all similar duties for the Assembly which are required to be performed by the Journal Clerk of the Senate. It shall be the duty of the Copying Clerks of the Senate to copy into the Appendix the annual reports of the State ofiicers, and other lengthy documents, and to perform all such copying for the printer as shall be ordered by the Senate. It shall be the duty of the Copying Clerks of the Assembly to copy into the Appendix all lengthy documents, and to perform all such copying for the printer as shall be ordered by the As- sembly; but the annual reports of the State officers shall not be copied into the Assembly Journal or Appendix, but the jour- nal of the proceedings of Joint Conventions of the Senate and Assembly shall be copied only in the Journal of the Assembly. It shall be the duty of the Sergeant-at-Arms of the Senate, and the Sergeant-at-Arms of the Assembly, to give a general super- vision, under the direction of the presiding officers, to the Senate and Assembly chambers, with the rooms attached; to attend during the sittings of their respective bodies, execute their commands, together with all such process, issued by SIXTH SESSION. 155 authority thereof, as shall be directed to them by their presiding officers; to keep an accurate account for paying mileage of members, and prepare chec4s for the same. They shall receive No extra no other compensation for their services beyond their per diem, g2t?on°" except actual expenses incurred in arrests made by them, and for traveling expenses for themselves or special messenger, which expenses, so incurred, shall be paid from the Contingent Fund of their respective Houses; providedy that no messenger No measen- sball be employed by any officer of either House, unless ex- |mpk>y^ pressly authorized so to do by the House of which he is an without officer. It shall be the duty of the Assistant Sergeant-at-Arms Authority. of each House to perform the duties of doorkeeper, prohibit all persons except members of the Legislature and State offi-Dutieaof cars, employes, and ladies, and such reporters as may have sergeante- seats assigned them by the rules of each House, from entering at-Arms. within the bar of the House of which he is doorkeeper, unless upon invitation; and to arrest for contempt all persons outside of the bar or in the gallery, found engaged in loud conversa- tion, or otherwise making a noise, to the disturbance of their respective Houses. It shall be the duty of the Chief Clerk of Duties of Committees to have a general supervision over the committee ^jjrkg of clerks of their respective Houses, detailing them for duty when Commit- called upon so to do by the Chairman of any committee requir- *®®** ing the services of a clerk; and the Chief Clerk of Committees of each House shall at all times hold himself in readiness to perform the duties of committee clerk for any committee re- quiring his services. Seo. 5. It shall be the duty of the Secretary and Assistant Duties of Secretary of the Senate, and Chief Clerk and Assistant Clerk f^d'aSJkS of the Assembly, at the close of each session of the Legislature, at close of to mark, label, and arrange all bills and papei's belonging to *®"*®°- the archives of their respective Houses, and to deliver the same, together with all books of both Houses, to the Secretary of State, who shall certify to the reception of the same; and upon the production of said certificate to the Controller of State, the Controller is authorized and directed to draw his warrant ControUer upon the Treasurer, in favor of the above named parties, for ^j^JJJ^ the sum of twenty-five dollars each, and the Treasurer is author- Compen- ized to pay the same out of any money in the General Fund ^***°°* not otherwise appropriated. Sec. 6. All officers and employes of the Senate and Assem- Election of bly, provided for in this Act, shall be elected by the Senate SSpfJ^ ""* and Assembly respectively. The Senate and Assembly may chaplains, invite ministers of the different denominations to officiate alter- nately as Chaplains of their respective Houses, at a compensa- Compen- tion for such services, when rendered, of five (5) dollars per ****<*'»• day. Sec. 7? Any of the officers and employes mentioned in this Remoyais Act may be removed by a two-thirds vote of the members of °^|®®®" the House in which they are connected, for failure to perform employes. the duties imposed upon them by this Act, or for incompetency, or for conduct which shall by each House be deemed impropier. no, Seo. 8. No additional number of officers or employes of the officers o? Senate or Assembly shall be elected or appointed. employes. 156 LAWS OF NEVADA, Per diem, Seo. 9. The per diem of all officers fixed by this Act shall con^enoe. ^^te f^om the day on which they shall have been elected and TemiB of ^^alified. */ preeent Sec. 10. Nothiog in this Act shall be construed so as to Jjjji"^^ affect the tenure of office of any attache of this Legislature not affected herein named, and appointed prior to the passage of this Act. Act of Sec. 11. An Act entitled "An Act in relation to enrolling i8,*i8h, laws, resolutions, and other documents," approved March thir- repeaied. teenth, eighteen hundred and sixty-seven, is hereby repealed. Chap. LXXXI. — An Act amendatory of an Act entitled "An Act to provide for the maintenance and supervision of Public Schools, ' approved March twentieth, eighteen hundred and sixty-five, and of Acts amendatory thereof [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section three of said Act is hereby amended so as to read as follows: Seal of Section Three. The State Board of Education shall have a Bo^d of seal, an impression and description of which shall be deposited in Education, the office of the Secretarj*^ of State. It shall be the duty of said Se^ns Board to hold semi-annual sessions, for the purpose of devising ard. pij^jjg fQY the improvement and management of the public school funds, and for the better organization of the public schools of the State, and such special sessions as may be called Record of by the President. A full record of the proceedings of the ^of^* Board shall be kept by the Secretary, and shall be embodied in Board. the annual report of the Superintendent of Public Instruction. Sec. 2. Section seven of said Act is hereby amended so as to read as follows: Superin- Section Seven. TheSuperintendentof Public Instruction shall ^bilc In- prescribe suitable forms and regulations for making all reports, rtruction. ancl conducting all necessary proceedings under this Act, and shall cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a con- venient form of school register, for the purpose of securing more accurate returns from teachers of public schools, and shall furnish each County Superintendent with a number, sufficient to supply at least one copy thereof to each district or school of such county. He shall prepare pamphlet copies of the school law, and all amendments thereto, and shall transmit a number of the same to the County Superintendents, sufficient to supply each and every School Trustee, School Marshal, and school teacher with at least one copy of the same. SIXTH SESSION. 157 Seo. 3. Section fifteen of said Act is hereby amended so as to read as follows: Section Fifteen. It shall' be the duty of the County Treas- County urer of each county: toJwSfrT First — To receive and hold as a special deposit all public school moil 078 school moneys, whether received by him from the State Treas- urer or raised by the county for the benefit of public schools, or from any other source, and to keep a separate account thereof, and of their disbursement. Second — On receiving any public school moneys subject to To notify distribution, to notify the County Superintendent of Public comiSs- Schools of the amount thereof. sionew. OHvird — To pay over, on the warrant of the (younty Superin- Pay school tendent, duly indorsed by the person entitled to receive the warrMt**** same, the several amounts of school moneys to which each city, gf County town, and district shall be entitled; and, temfratf JFourth — On or before the first day of October, annually, to To make make a full report to the Superintendent of Public Instruction ^^^^ of the public school moneys received into the County Treasury within the school year ending on the last day of August next previous thereto, with a particular statement of the disburse- ment of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State or County School Fund. And in case of failure or neglect of Penalty, said County Treasurer to make such report, he shall forfeit, for the benefit of the County School Fund, the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction of such failure or neglect on the part of any County Treasurer, to deduct said one hun- dred dollars from his compensation, and place said amount to the credit of the County School Fund. Sec. 4. Section seventeen of said Act is hereby amended so as to read as follows: Section Seventeen. It shall be the duty of the County Superin- County tendent of Public Schools, upon receiving notice from the County te^^dentto Treasurer and the County Auditor, as provided in this Act, to ap- apportion portion the public school moneys in the County Treasury among moneys, the several school districts of his county, in proportion to the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer and the School Trustees, in writing, of such apportionment, in detail. He shall make such To draw apportionment on the first Monday in January of each year, ^*"»>^*'- and quarterly thereafter. He shall have power, and it shall be his duty, to draw his warrant on the County Treasurer in favor of the Trustees of any school district in his county, for any bill duly signed by said Trustees and authorized by this Act; pro- vided, that such warrant shall not be drawn except upon pre- sentation of an itemized account, and until full and correct returns have been made to him as required by law; and, pro- Veto vided further, that, if in the opinion of the Superintendent, any SJunwfl^* bill contain an exorbitant or unwarranted charge, he may ranted biUa refuse to draw his warrant until ordered to do so by the Board 158 LAWS OF NEVADA, County Oommis- sioners to act upon rijected bills. Ciounty Supenn- tendents to visit Bchoola. Distribute blanks, etc. File reports, etc. To make annual report. To preside, etc. To appoint School Trustees. To draw warrants. To sub- scribe for an educa- tional journal. of County Commissioners, wbo shall act as Auditors upon all bills rejected by the County Superintendent. No warrant shall be drawn in favor of any school district unless there be cash in the Treasury at the time to the credit of said district. Sec. 5. Section eighteen of said Act is hereby amended so as to read as follows: Section Eighteen. The County Superintendent shall have power, and it shall be his duty: First — To visit each public school in his county within ten miles of the county seat at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county, and ^ve to the School Trus- tees, Marshals, and teachers such aid as may be important to the prosperity of the schools. Second — To distribute promptly such blank reports, forms, laws, and instructions as shall be received by him from the Superintendent of Public Instruction, for the use of School Trustees, Marshals, and teachers, and any other officers entitled, to receive the same. Third — To keep on file in his office the reports of the School Trustees, Marshals, and teachers received by him, and to record all his official acts in a book to be provided for that purpose, together with a full record of the proceedings of the County Board of Examination; and at the close of his official term to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take a receipt for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fourth — To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and teachers, by law required to be made to the County Superintendent for the preceding school years. Mfth — To preside over, regulate, and conduct all County Teachers* Institutes which may be called under the provisions of the section of this Act providing for the calling of such Institutes. Sixth — To appoint School Trustees in all the districts in which the qualified voters &\l to elect, and to fill by appoint- ment all vacancies occurring in said office. Seventh — To draw his warrants on the County Treasurer, in favor of the Board of Trustees, for the purchase of school books, which may be furnished by said Trustees to indigent children of the district, making the same payable ou{ of the county school moneys apportioned to such dis^ict. Eighth — To subscribe annually for a sufficient number of copies of an educational journal devoted exclusively to educa- tional purposes, to furnish each school officer and teacher in his county with a copy of the same, and one copy to be filed with the records of the district, and to pay for the same in the SIXTH SESSION. 159 same manner as other contingent expenses of the district are paid, out of the County School Fund. Sec. 6. Section twenty-one of said Act is hereby amended BO as to read as follows: Section Twenty-one. The County Superintendent shall receive Compen- for his official services such compensation as shall be allowed by ***^**° °^ the Board of Commissioners of his county, which shall be audited and paid in the same manner as other connty salaries and expenses are audited and paid; provided, that such compensa- tion shall be at least sufficient to pay all necessary traveling expenses incurred by him in the discharge of the duties required of him by law. He may appoint a deputy, who shall have Deputy authority to transact all the business of the office during the supefL- absence or inability of the Superintendent; provided, that the tondont. county shall not be responsible for payment of the salary of such deputy. He shall, in person or by deputy, attend at his office during business hours of Saturday of each week, for the purpose of drawing warrants and the transaction of any other official business. Sec. 7. Section twenty-two of said Act is hereby amended BO as to read as follows: Section Twenty-two. At the general election of the several Election counties in this State in A. D. eighteen hundred and seventy-four, tfu^m! there shall be elected by the qualified voters of each district a Board of School Trustees, to consist of three members; provided, that in any district wherein the number of votes oast at the last previous general election exceeded fifteen hundred, such Board shall consist of five members. At said general election in eigh- Term of teen hundred and seventy-four, and each general election there- xnwtolL. after, there shall be elected in each district one Trustee, to serve upon the Board of Trustees four years; and a term of four years shall be known, both in this Act and for the purpose, of the election of School Trustees, as the long term; and the other Trustee or Trustees (as the case may be) necessary to fill the Board, shall be elected to serve upon the Board for the term of two years; provided, that in any district entitled under the pro- visions of this Act to five Trustees, two of the Trustees shall be elected to serve upon the Board for the long term. Trustees When shall enter upon the duties of their office on the first Monday offiMto of January succeeding their election. They are hereby author- commenoo. ized to administer to each other the oath or affirmation of office. Certificates of election shall be issued the same as to county Certificates and township officers, which certificates, with the oath or of election, affirmation indorsed thereon, shall be forwarded to the County Superintendent, who shall file the same in his office. Sec. 8. Section twenty-four of said Act is hereby amended so as to read as follows: Section Twenty-four. It shall be the duty of the Trustees, a Board of majority of whom shall constitute a quorum for the transaction of dStiM^ot business, to meet as soon as practicable after taking the oath of office, at such place as may be most convenient in the district, and to organize by appointing one of their number Clerk of the Board, who shall preside at official meetings of the Trustees and record their proceedings in a book to be provided for the purpose; and all such proceedingB, when so recorded, shall be signed by said 100 LAWS OF NSVADA, Clerk. Said book shall at all times be subject to the inspection of any taxpayer in the district; and said Clerk shall caase fall minntes of the proceedings of each session of the Board to be published in some newspaper having general circulation in the district; provided, that such publication may be had without expense to the district. In districts having a school population of three hundred or more, the Clerk of the Board of Trustees may receive such salary as said Board may allow; provided^ that such salary shall not exceed ten dollars per month. Sec. 9. Section twenty-five of said Act is hereby amended so as to read as follows: Board of Section Twenty-five. Each Board of Public School Trustees powen^h shall constitute a body corporate, and shall have care and custody of all school property within their district. They shall have power to convey by deed all the estate or interest of their dis- trict in any school-house or site directed to be sold by vote of the district. It shall be their duty, directed by a vote of their dis- trict, to build, purchase, or hire school-houses for the use of the district, and also, without such vote, to cause any needed repairs of the same, when the expense of such repairs will not exceed five hundred dollars, and to supply school-houses with necessary furniture, fixtures, and fuel; provided, that no public school- house shall be erected in any school district in the State until the plan of the same has been submitted to and approved by the County Superintendent of Public Schools. County Super- intendents may refuse to draw their warrants in payment of expenses incurred in disregard of this provision. Trustees shall cause to be erected such outhouses as decency requires; and in case of failure or neglect in this particular, it shall be the duty of the County Superintendent to cause the work to be done, and to pay for the same out of the Fund belonging to the delin- Gonyey- quent district. All conveyances of real estate made to the «tote.^'**^ Board of School Trustees shall be in their corporate name and to their successors in office. Seo. 10. Section twenty-eight of said Act is hereby amended so as to read as follows: Teachers. Section Twenty-eight. It shall be the duty of the School Trus- tees to employ teachers, and to certify the amount due them for services to the County Superintendent, who shall draw a warrant on the County Treasurer for the amount; provided, that salaries of teachers shall be determined by the character of the service required, and that in no district shall there be discrimination in the matter of salary as against female teachers. Trustees may TrasteeB dismiss any teacher at any time for such reasons as they may dismiss deem sufficient. They shall visit the school or schools under teachers, their charge at least once in each term by one or more of their number, with such other persons as they may choose to invite. Seo. 11. Section thirty- two of said Act is hereby amended so as to read as follows: School Section Thirty-two. It shall be the duty of the School Trns- Marshai, ^^^^ ^^ ^^^^ district to appoint a School Census Marshal, on or be- daUes o£* fore the first day of May in each year, and file a copy of his certi- ficate of appointment with the County Superintendent of their county. It shall be the duty of such School Census Marshal to take annually, in the month of May, a specific census of all the SIXTH SESSION. 161 children in his district between the ages of six and eighteen years, Same, specifying the number and sex of such children, together with the names and ages of all children between the ages of eight and fourteen years, the names of their parents or guardians, and the city, town, or district in which they reside j to include all children who may be attending colleges, boarding schools, or other private institutions of learning, as resident in the city, town, or district in which the parents or guardians of such children may reside, and not to include such non-resident chil- dren in the city, town, or district where they may be attending such private schools; to report the number attending private schools; the number not attending scbools, setting forth their names and ages; the number between the ages of eighteen and twenty-one; the number born in Nevada, with such other statis- tics as tbe Superintendent of Public Instruction may require, and to make a full report thereof in writing, under oath or affirmation, to the County Superintendent, and deliver a copy thereof, in writing, to the School Trustees or Board of Educa- tion in his district, town, or city, on or before the first day of. July next after his appointment. Said School Census Marshals Compen- shall be paid for their official services such compensation as ******"• may be allowed by the Board of Commissioners of such county, upon recommendation of the School Trustees; and such de- mands shall be audited and paid in the same manner as other county salaries and expenses are audited and paid. Sec. 12. Section forty-one of said Act is hereby amended so as to read as follows: Section Forty-one. The County Superintendent shall appoint Boards of two competent persons, who, with himself, shall be and consti- uonrdSties tute a Board of Examination, of which he shall be the Chairman, of. Said Board shall be constituted for the purpose of examining applicants and of granting certificates of qualification to teach- ers of public schools. They shall meet at such times and places as the interests of the public may require, and be governed by such rules and regulations as the State JBoard of Education may from time to time direct. They shall only grant certificates, except as hereinafter provided, to such persons as shall pass a satisfactory examination, which certificates shall remain in force, as specified in this section, unless revoked for good cause shown. Said Board of Examiners shall have power to grant certificates of the following grades: Certificates of the First Grade — For teaching unclassified grammar, and high schools, which shall be good for two years; Certificates of the Second Grade — For teaching primary schools, which shall be good for one year. Said certificates shall be issued to such persons only as have passed a satisfactory examination in the branches of study pur- sued in each specified grade of all [the] public schools, and shall have given evidence of good moral character and fitness to teach; and said certificates shall be signed by a majority of the Board of Examiners. Said Board shall have power to renew the certificate of a teacher who is successfully and continually engaged in teaching in the county, without a reexamination. It shall be the duty of said Board, upon presentation to them 21 162 LAWS OF NSVADA, » of any life certificate of any State, or of a California State Normal School diploma, to grant to the holder thereof a county certificate, without examination; provided, that Buch State cer- tificate or diploma shall be presented within five years from the date of issuance. Sec. 13. Section forty-five of said Act is hereby amended so as to read as follows: County Section Forty-five. The Board of County Commissioners of tiJx, each county shall annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents, nor less than fifteen cents, on each one hundred dollars valuation of tax- able property, which tax shall be added to the county tax, and collected in the same manner, and paid into the County Treasury as a special deposit, to be drawn in the same manner as other public school moneys; and should said County Commissioners fail or neglect to levy said tax as required, it shall be the duty of the County Auditor to add such tax as the County Superin- tendent of Public Schools may deem suflScient, between the limits of fifteen (15) and fifty (50) cents on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section. Seo. 14. Section fifty of said Act is hereby amended so as to . read as follows: School Section Fifty. Except when special agreement is made, a ^ school month shall consist of four weeks of five days each, and Compen- teachers shall be paid only for the time in which they are teachew. actually engaged in teaching; provided, that when an intermis- sion of less than six days is ordered by the Trustees no deduc- tion of salary shall be made therefor. Sec. 15. Section fifty-seven of said Act is hereby amended so as to read as follows: Acta Section Fifty-seven. An Act entitled "An Act in relation to repealed, ^j^^ payment of school moneys by County Treasurers," approved February twenty-seventh, eighteen hundred and seventy-one; also, an Act entitled " An Act concerning teachers of common schools in this State," approved January twenjty -sixth, eighteen hundred and sixty-five, together with all Acts, and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed. Chap. LXXXII. — An Act to encourage the growth of Forest Trees. [Approved March 7, 1878.] The People of the State of Nevada, represented in Senate and As^ sembly, do enact as follows: Planting SECTION 1. Every person planting one acre or more of land, cultivation within five years after the passage of this Act, with any kind of of foreet forest or shade trees, and successfully growing and cultivating Sreefc * the same for three years, and any person planting, protecting, and cultivating for three years, one half mile or more of forest SIXTH SESSION. 163 or shad^ trees, along any public highway, said trees to be Bounty, planted so as to stand, at the end of three years, one rod apart, shall be entitled to receive, for twenty years, commenc- ing two years after said grove or line of trees has been planted, an annual bounty of ten dollars per acre for each acre so planted, and ten dollars for each half mile so planted, to be paid out of the County Treasury of the county in which said grove or line of trees may be situated. Such bounty shall not Continu- be paid any longer than said grove or line of trees is cultivated SoSnty. and kept alive and in a growing condition. Seo. ' 2. Any persons wishing to avail themselves of the pro- Benefits of visions of section one of this Act shall, within two years after av^ieS^ planting said grove or line of trees, showing on what section or other piece of land said grove or line. of trees is situated* attested by his own oath and the affidavit of at least two householders of the vicinity, setting forth all the facts in rela- tion to the growth and cultivation of said grove or line of trees. The County Clerk shall lay such plat and affidavit before the Board of County Commissioners, and if they find from all the evidence that section one of this Act has been fully complied County with, shall cause warrants to be issued upon the County Treas- warraJfta. ury of the county 'for the bounty above provided for. Sec. 3. The affidavit of the claimant, and of at least two Affidaidte householders of his vicinity, showing the growth and condi- *^ ® * tion of such trees,*Bhall be filed each year in the office of the County Clerk, before the County Commissioners shall author- ize warrants to be drawn on the County Treasurer for the bounty for that year; provided^ that the provisions of this Act Proviso, shall in nowise apply to willows and cottonwoods planted for the express purpose of protecting the banks of ditches and canals. Sbo. 4. It is hereby provided that the planting of forest and '^^^^^S^ shade trees, as mentioned in this Act, shall in no manner add to increased, or increase the taxable value of said land. Sbo. 5. If any person shall cut down, injure, or destroy, or J^y'^^^'^ carry away any tree planted or growing for use, or shade, or mldemis^ ornament, or any timber, rails, or wood, standing, being, or demeanor.^ growing on the land of any other person, the party so offend- ing shall pay to the party injured thrice the value of the prop- Penalty, erty so injured, destroyed, or carried away, and shall be deemed Punwh- guilty of a misdemeanor, and subject to a fine not exceeding one hundred dollars. Chap. LXXXIII. — An Act to encourage the artificial cultivation and propagation of Fish in the State of Nevada. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Sbotion 1. Any person or persons now engaged, or who shall hereafter engage in the artificial cultivation and propaga- 164 L^WS OF NEVADA, Artificial tion of fish in the State of Nevada, shall have the right to aSd™opa- locate, hold, and occupy a tract of land not exceeding one hun- gationof dred and sixty acres of the public domain of the United States, ^^^ncoar- ^^ ^^ ^^^ State of Nevada, including any and all streams, creeks, springs, and waters thereon, and shall have and maintain an action for the sole and uninterrupted possession tjbereof, subject to the conditions hereinafter set forth; provided, that such loca- tion or occupation shall not be made upon any portion of the Existing public domain aforesaid which may be occupied or entered for tofbe^toter- pi^rchase under existing laws, nor interfere in any manner with feredwith. the existing rights of appropriators of the waters of any spring or other watercourse rising upon or flowing through said land. Location to Seo. 2. The person or persons locating any ground, rivers, be recorded gj.gg]jgpQjj^gQj. sprjngg for the purpose of engaging in the cultivation of flsh, shall, within three months from the date of commencing improvements thereon, file with the Recorder of the county in which such ground, river, creek, pond, or spring may lie in whole or in part, a statement in writing, setting forth the exterior boundaries of said claim, which said boundaries may be designated by natural or artificial objects, with a fur- ther statement that it is the intention of the parties thereto, to engage in the cultivation and propagation of fish on the prem- ises therein described. Improve- Seo. 3. The person or persons making locations under this SSsessory -^.ct, shall, within three months from the date of filing said right, statement of intention, do or cause to be done upon the land necesMUT, Selected, labor or place improvements thereon to the amount of to bemade. ^^^ hundred dollars, and from and after the filing of said notice and performance of said labor or placing of said improvements thereon, the said claimants, their heirs or assigns, shall have and maintain the exclusive right to the possession thereof. Prior right Sec. 4. Should any claim as aforesaid be made upon any un- whenchSm Surveyed lands of the United States, and subsequently thereto, isnpon on survey of said lands by the General Government, shall be afterwards found to be in any section which the State of Nevada may by^state ^^"^^ * right to purchase or select under any law of Congress of Nevada donating lands to the State of Nevada, the claimant or claim- ants thereto shall have a prior right to purchase the same from the State for the period of six months from the date of such Government survey, at the rate of one dollar and twenty - five cents per acre. Taking Seo. 5. It shall not be lawful for any person to take fish miSfwftiL from any of the streams, creeks, springs, or waters upon any land located or occupied in conformity with this Act, without the consent of the owner or owners thereof; and any person Penalty, convicted thereof, shall be fined in the sum of five dollars and how*^°* costs of prosecution, for each and every fish so taken. An prosAjuted. action for the penalty herein mentioned may be prosecuted in any Court of competent jurisdiction, in the name of the State of Nevada, and the offender shall also be liable in damages in a Damages civil action, for any and all damages, injury to, or interference Nure^ with, the rights of any person or persons claiming under this Act. Seo. 6. Section three, of Chapter V, of "An Act prescrib- ing the mode of maintaining and defending possessory action SIXTH SESSION. 165 on public lands in this State," approved March ninth, eighteen Conflicting hundred and sixty-five, in so far as the rights conferred by this ^pealed. Act may conflict, is hereby declared null and void, except so much thereof as follows, to wit: "Any person claiming any of the public lands in this State for the purpose aforesaid, shall take and subscribe his or her affidavit, * * * that to the best of his or her knowledge and belief the said lands are not claimed under any existing title," which shall apply with full force and effect. Sec. 7. This Act shall take effect from and after its passage. Act to take effect. Chap. LXXXIV. — An Act to appropriate money for tJie payment of certain claims against the State of Nevada, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as followst Section 1. The Controller of the State of Nevada is hereby Controller authorized and directed to draw his warrant upon the State todrai? Treasurer in favor of the following named persons, for the fol- warrants, lowing mentioned sums of money, namely: In favor of Richard Persons Arnold, for the sum of fifteen dollars; William Nunan, for the JSi^unts. sum of fifteen dollars; John O'Brien, for the sum of fifteen dollars; Thomas Cavanaugh, for the sum of ten dollars; Pat- rick O'Conner, for the sum of fifteen dollars; Bartholomew Colgan, for the sum of fifteen dollars; M. A. Feeney, for the sum of ten dollars; E. Doherty, for the sum of ten dollars; John Kelley, for the' sum of fifteen dollars; Thomas Feeney, for the sum of fifteen dollars; P. Tummy, for the sum of ten dollars; Thomas O'Harra, for the sum of ten dollars; Daniel Hanlin, for the sum of fifteen dollars; James Haitnett, for the sum of ten dollars; P. Fahay, for the sum of fifteen dollars; D. J. Ford, for the sum of twenty dollars; D. J. Mahoney, for the sum of twenty dollars; Miles Finlan, for the sum of twenty dollars; J. O. Lyman, for the sum of twenty-five dollars; J. A. Robertson, for the sum of twenty-five dollars; F. A. Marston, for the sum of twenty-five dollars; James McKay, for the sum of twenty -five dollars; C. E. Stein, for the sum of twenty-five dollars; D. McNaught, for the sum of twenty-fiVe dollars; Charles Bailey, for the sum of twenty-five dollars; A. N. Com- stock, for the sum of twenty-five dollars; Thomas Cambell, for the sum of fifteen dollars; T. W. Currier, for the sum of fifteen dollars; W. H. Curnow, for the sum of fifteen dollars; William Cocking, for the sum of twenty-five dollars; Thomas Carson, for the sum of twenty-five dollars; Joseph Demling, for the sum of twenty-five dollars; Fred. Dickman, for the sum of fif- teen dollars; F.Darragh, for the sum of twenty -five dollars; George Elston, for the sum of twenty-five dollars; Peter Fitz- gerald, for the sum of twenty-five dollars; John Flood, for the 166 LAWS OF NEVADA, Warrants paid out of State Prison FuncL Warrants to be in full satisfaction of claims. Appropri- ations. Actio take effect. sum of twenty-five dollars; W. H. Kerns, for the sum of twenty- five dollars; Samuel Murray, for the sum of twenty-five dollars; F. A. Moyer, for the sum of twenty-five dollars; Samuel Pierce, for thie sum of fifteen dollars ; John Eosenbrock, for the sum of twenty-five dollars; Henry Eosenbrock, for the sum of twenty- five dollars; George Sanders, for the sum of twenty-five dollars; A. J. Showers, for the sum of twenty-five dollars; Prue Locke, for the sum of fifteen dollars; J. C. Young, for the sum of fif- teen dollars — payable out of any moneys in the State Prison Fund of said State not otherwise specially appropriated. And the Treasurer of said State shall pay said warrants out of said Fund, upon presentation of the same; which said amounts of money shall be paid to said persons, and received by them^ respectively, in full payment and discharge of any and all claims or demands had, held, or asserted by them, or a.ny of them, against the State of Nevada, for services rendered by them in aiding to recapture certain prisoners who escaped from the State Prison of said State, on or about the seventeenth day of September, A. D. eighteen hundred and seventy-one. And. there is hereby appropriated, out of any moneys m said State Prison Fund, or hereafter to come therein, not otherwise spe- cially appropriated, the said several sums of money hereinbefore mentioned and set forth, for the purpose of paying to the parties above named their said claims and demands, for the services rendered by them as aforesaid. Sec 2. This Act shall take effect from and after its passage. State Universityt location of. Proviso. Land and building to be furnished by people of Elko. Cost and capacity of buUding. Teacher to be appointed* when. Chap. LXXXV. — An. Act to locate the State University, and to provide for the control and maintenance of the same. [Approved March 7, 1873.] TA^ People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. The State University, as described in section four of Article eleven of the Constitution of Nevada, is hereby located at the Town of Elko, in the State of Nevada; provided, that the people of said town do, within one year from the pass- age hereof, convey or cause to be conveyed to the Board of Eegents of the State of Nevada, in trust, for the use and benefit of said "University, title to a tract of land of not less than twenty acres, eligibly located within said town, having thereon at least one building furnished and ready for occupancy, suit- able for the uses of a Preparatory Department of the Univer- sity, costing not less than ten thousand dollars, and adapted for the accommo4ation of not less than one hundred pupils. Sec. 2. The Board of Eegents, within three months after the reception of a deed, or if within railroad limits, of a bond for a deed to said tract of land, shall employ at least one duly quali- fied teacher, at an annual salary not to exceed twenty-four hun- SIXTH SESSION. 167 dred dollars; said teacher shall serve as Principal of the Pre- Salary of paratory Department of the University, and said Eegents are orde/of hereby authorized to draw their order upon the State Con- „i*J°** troller quarterly for the payment of his salary, and the Con- ControUet. troUer shall draw his warrant upon the Treasurer, who shall ^5*5^^" pay the same out of any moneys to the credit of the Contin- warrant gent University Fund hereinafter created. Sec. 3. The Board of Eegents shall have entire control and Control ^ management of the affairs of the institution hereby established. S^ement' They shall, by and with the advice of the Principal, arratige a unf^wity course of study to be pursued in said institution, and shall Board of designate the text books .to be employed. They shall deter- S^Svlf. mine, and publish throughout the State, the terms of admission ^'^"?^ to said institution ; provided^ that the course of study shall be to ^ e'**^** such as is appropriate to an academic or preparatory depart- puWished. ment, that tuition shall be fVee, and that none shall be excluded on account of sex, race, or color. Sec. 4. Immediate selection and sale of the seventy -two Sale of sections of land granted this State by Act of Congress, ap- ordered. proved July fourth, eighteen hundred and sixty-six, for the establishment and maintenance of a University, is hereby ordered. The moneys arising from the sale of said lands shall irreducible be and constitute a Fund to be known as the Irreducible Uni- pSnY™*^ versity Fund. Whenever there shall be a sum in said Fund created, sufficient for investment the Board of Eegents shall direct the State Treasurer to negotiate for investment of the same in Investment United States securities, or in bonds of this State, at the lowest when made purchasable rates, and the Board shall then draw their order upon the State Controller, in favor of the State Treasurer, for the amount to be invested. Said Controller shall thereupon draw his warrant as directed, and the Treasurer shall complete the purchase of the securities negotiated for by him in pursu- ance of this Act. The interest derived from said Fund, together interest, with all moneys paid as interest on deferred installments on constitute purchase of lands named in this Act which may be sold under Contingent contract as provided in section nine of an Act entitled "An Act Fund. to provide for the selection and sale of lands," etc., approved March fourth, eighteen hundred and seventy-one, -shall be and constitute a Fund to be known as the Contingent University Fund. Sec. 5. The necessary expenses incurred by the Board of Expenses Eegents in the conduct of the University shall be passed upon ^J R^nts. by the Board of Examiners as other accounts against the State and paid from the Contingent Fund named in the preceding section, and the sum of four thousand dollars is hereby appro- priated from said Fund for such purpose. Sec. 6. If at any time there sball not be sufficient money in Money the Contingent Fund for the payment of warrants which have ^'^^'^"erred been allowed against the same, the Controller shall cause a sum sufficient to cover the deficiency to be transferred from the General School Fund to said Contingent University Fund. Sec. 7. In consideration of the conveyance of lands having Permanent thereon a building as provided in this Act, the State University, ment'o?" designed ultimately to embrace departments of agriculture, state mechanic arts, and mining, shall be considered permanently ^'""*«''- 168 LAWS OF NEVADA, Lands to revert OonflietiiiK Acts repealed. established as herein provided, and if removed for any cause, title to the property named shall revert to the people donating the same. Sec. 8. All Acts, and parts of Acts, conflicting with the pro- visions* of this Act, are hereby repealed. Chap. LXXZVI. — An Act to provide for the erection of a State Prison. state Prison to be erected. Capacity of prison building. State Building Fund created. Surplus in State Capitol Fund to be transferred State Capitol Fund tax continued as State Building Fund tax. Prison labor to be used. Claims submitted to Board of Examiners. Conflicting Acts repealed. [Approved March 7, 1S73.] The People of the State of Nevada, represented in Senate and As- senibly, do enact as follows: i Section 1. The Board of State Prison Commissioners are hereby authorized to purchase the necessary lands, and erect thereon a State Prison. Sec. 2. The plan of the Prison shall be such that when the building is completed it shall be ampl^ for the accommodation of three hundred (300) prisoners. So much of the building as may be necessary to accommodate one hundred and twenty -five (125) prisoners to be completed as soon as practicable after the !ooard shall have determined to erect said Prison. Sec 3. For the purposes recited in the title of this Act, and for the erection of such other buildings as the State may require for State Prison purposes, a Fund is hereby created, that shall be known and designated as the State Building Fund. Into said Fund shall be transferred any surplus re- maining in the *' State Capitol Fund," after all the outstanding warrants against said " State Capitol Fund " shall have been fully paid. And the tax of one eighth of one per cent., hereto- fore levied as a "State Capitol Fund Tax,'* shall, after the out- standing warrants against said Fund have been paid, be con- tinued as a. "State Building Fund Tax," and the proceeds thereof be paid into said " State Building Fund." One hundred thousand dollars ($100,000) of the first moneys coming into said "State Building Fund" are hereby appropriated for the purchase of the necessary lands, and the erection thereon of a State Prison, as provided in this Act. Sec 4. The Board of State Prison Commissioners are hereby authorized and empowered to use the labor of the prisoners confined in the State Prison in the erection of the State Prison, provided for in this Act. Sec 5. All claims under* the operation of this Act shall be submitted to the State Board of Examiners, audited by the State Controller, and paid out of the "State Building Fund." Sec 6. All Acts, and parts of Acts, so far as they conflict with provisions of this Act, are hereby repealed. SIXTH SESSION. 169 Chap. LXXX VII. — An Act for the construction of fences and the planting of trees at the State Orphans' Home, in Carson, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. The smn of one thousand dollars is hereby spe- Appropna- cially appropriated and set apart out of any moneys in the ^^^^ State Treasury not otherwise appropriated, for the purposes of this Act. Sec. 2. The amount appropriated by the provisions of this Grounds of Act shall be expended by, and under the direction of, the Board orp*han of Directors of the State Orphans' Home, in fencing said Home, Home to be planting fruit and ornamental trees thereon, and otherwise improved, beautifying the same, as they in their judgment may deem expe- dient. Chap. LXXXVIII. — An Act for the relief of the Imperial Silver Mining^ Company, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The Controller of the State of ^Nevada is hereby Controller authorized and directed to draw his warrant upon the Treas- ?o^ f Sw urer of said State, in favor of the Imperial Silver Mining Com- warrant pany, for the sum of four hundred dollars, in legal tender notes imperial of the United States, payable out of the School Fund of said ^^Hg Statej and the said Treasurer is hereby authorized and directed Company. to pay said warrant out of said Fund. Fund. ^^ Chap. LXXXIX. — An Act prescribing an additional penalty for the non-payment of Taxes in certain cases after suit, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. In all suits for the collection of delinquent taxes originally brought in the District Courts, where the amount 22 170 LAWS OF NEVADA, Gx>iiectioii exceeds three hnodred dollars, the complaint and summons quwfttaxea shall demand, and the judgment shall be entered, for twenty-five Additional per centum in addition to the tax [of] ten per centum thereon addelT ^™ and costs, provided in the Act to provide revenue for the sup- when. pQj^ Qf ^i^Q government of the State of Nevada, and the Acts amendatory thereof; and such tax, penalty and costs, shall not be discharged, nor shall the judgment therefor be satisfied, ex- cept by the payment of the tax, original penalty, costs, and the additional penalty herein prescribed in full. Salaries of District Judges. Chap. XC. — An Act to amend an Act entitled "-4n Act to redistrict the State cf Nevada" approved February twenty -seventh^ eighteen hundred and sixty-nine, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Section 1. Section three of said Act is hereby amended so as to read as follows: Section Three. The salary of the Judge of the First District shall be seven thousand dollars a year; of the Second District, five thousand dollars a year, of which sum the County of Washoe shall pay twenty-one hundred dollars, the County of Ormsby twenty-one hundred dollars, and the County of Doug- las eight hundred dollars; of the Third District, five thousand five hundred dollars a y6ar, of which the County of Lyon shall pay thirty.five hundred dollars, the County of Esmeralda two thousand dollars; of the Fourth District, four thousand dol- lars a year; of the Fifth District, three thousand six hundred dollars a year, of which the County of Nye shall pay twenty- two hundred dollars, and the County of Churchill fourteen hundred dollars; of the Sixth District, five thousand dollars a year; of the Seventh District, three thousand dollars a year; of the Eighth District, five thousand dollars a year, from and after the first day of January, A. D. eighteen hundred and seventy-five; of the Ninth District, five thousand dollars a year. The provisions of this Act relating to the Second Judi- cial District, shall be in force, and take effect, from and after the first day of April, eighteen hundred and seventy-three. SIXTH SESSION. 171 Chap. XCI. — An Act to regulate the salaries of County Auditors. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. From and after the passage of this Act the Salaries of Auditors of the several counties of this State shall be allowed AudUore. the following monthly salaries, to wit: The Auditor of Storey County, one hundred dollars; of Ormsby County, one hundred dollars; of Esmeralda County, one hundred dollars; of Douglas County, one hundred dollars; of Lyon County, one hundred dollars; of Latider County, one hundred dollars; of Humboldt County, one hundred dollars; of Elko County, one hundred dollars; of White Pine County, one hundred dollars; of Churchill County, seventy-five dollars; of Lincoln County, one hundred dollars; of Washoe County, one hundred dollars; of Nye County, one hundred dollars; provided, that after the Proviso, first day of January, A. D. one thousand eight hundred and seventy-five, the monthly salary of the Auditor of Washoe County shall be fifty (50) dollars, and the monthly salary of the Auditor of Nye County shall be fifty (50) dollars. Sec. 2. All Acts, and parts of Acts, in conflict with this Conflicting Act, are hereby repealed. Mpeaied. Chap. XCII. — An Act to amend section three of " An Act to amend an Act entitled • An Act supplementary to an Act entitled an Act defining the duties of State Treasurer, approved February second, eighteen hundred and sixty -six,' approved March first, eighteen , hundred and sixty-nine^' approved March fifth, eighteen hundred and sixty-nine, [Approved March 7, 1873J JTie People of the State of Nevada, represented in Senate and Assem,- bly, do enact as follows: Section 1. Section three of said Act is hereby amended so as to read as follows: Section Three. The State Treasurer shall securely keep in State the safe and vault provided for him for that purpose, in his dut^^o?^' office at the seat of Government, all the public moneys, bonds, and securities of the State, appertaining to his office, and shall not deposit any part or portion of the same with any individual, copartnership, or corporation; nor shall he use said moxiey, or any part thereof, or allow B^ny one else to do so, except in the payment of bonds, or coupons, or warrant prop- erly drawn upon him, by the State Controller, 172 LAWS OF NEVADA, Chap. XCIII. — An Act to grant the right of way and authorizing certain persons herein named to construct a Railroad from the line of the Central Pacific Railroad to the Colorado River. [Approved March 7, 1873,] The People of the State of Nevada^ represented in Senate and As- sembly^ do enact as follows: Right of Section 1. The right of way is hereby granted to H. P. TaliTOad. I^ice, J. W. Haines, W. IS". Leete, M. S Thompson, E. S. Davis, S. H. Day, Jerry Schooling, and W. W. Hobart, and their asso- ciates and assigns, to locate, build, maintain, and operate a railroad, from a point on the Central Pacifk? Eailroad, at or near Humboldt Wells, in Elko County, on a line to be selected by survey, under and by the direction of the parties herein named, or their assigns, through the Counties of Elko, White Pine, Nye, and Lincoln, to the Colorado Eiver, subject to the Provisions provisions of an Act entitled "An Act to provide for the incor- fawmade poration of Eailroad Companies and the management of the applicable, affairs thereof, and other matters relating thereto," approved March twenty-second, eighteen hundred and sixty-five, and an Act amendatory thereof, approved February ninth, eighteen hundred and seventy-one. Survey, Sec. 2. The preliminary survey of the line of said railroad be^made. shall be commenced and completed within one year from the passage of this Act. Termini of Sec. 3. The parties herein named, and their associates or detonated, ^ssigns, shall designate the place from and to which the said railroad is to be constructed, upon completion of the final sur- vey and location of said road, as provided for in the Acts here- inbefore mentioned. Chap. XCIV. — An Act authorizing the State Treasurer to return certain vouchers to the Controller and receive credit for the same, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Certain SECTION 1, In order that the General Fund may be relieved Treasurer's ^^ certain checks drawn by the First National Bank of Nevada, office to be and received by B. Ehoades, State Treasurer, in the year eigh- ConteoUer^ ^©^n hundred and sixty-nine, from the Treasurer of White Pine of State. Countj, on settlements, said checks, amounting to eight hun- dred dollars, and now representing that amount of currency in the General Fund, although entirely worthless, the State Treas- urer is hereby authorized and directed to return said checks to the State Controller, who shall receive and file the same in his office, as vouchers, thereupon drawing his warrant upon the SIXTH SESSION. 173 General Fund in favor of the State Treasurer, for the amount State of eight hundred dollars, currency, and upon the return of said S* drai?*'^ warrant the Controller shall credit the Treasurer with said warrant amount. Chap. XCV. — An Act supplementary to an Act entitled ^^An Act to abolish the use of State stamps^ and to provide for the settlement of outstanding stamps" approved February twenty-firsty eighteen hundred and seventy-three. [Approved March 7, 1873.] 2%e People of the State of Nevada, represented in Senate and Assem- bly j do enact as follows: Section 1. All instruments required to be stamped with Unstamped State revenue stamps, prior to the twenty-first day of Febru- tS^b^™®*** ary, A. D. eighteen hundred and seventy-three, which shall admitted in remain unstamped up to that date, shall be admissible in the when.°^^' Cqurts as evidence, in the same manner and to the same effect as if said instruments had been properly stamped at the time of their execution. Chap. XCVI. — An Act to amend an Act entitled "-in Act to provide for the registration of the names of electors, and to prevent fraud at electionSy' approved March fifth, eighteen hundred and sixty- nine, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assetn- bly, do enact as follows: Section 1. Section five of said Act is hereby amended so as to read as follows: Section Five* Every person applying to be registered shall, quaiifica- before he shall be entitled to have his name registered, take ei^ton. and subscribe to the following oath or afSrmation, which shall be administered by the Eegistering Agent; provided, that no elector who has taken said oath at the time of his previous registration, in this State, shall be required to do so the second time, to wit: I do solemnly swear (or affirm) that I am a citizen of the Oath. United States, that I am of the age of twenty-one years, and will have actually and not constructively resided in this State six months, and in the county thirty days, next preceding the day of the next ensuing election (or, in case of a municipal election, such length of time as may be required by the Act of 174 LAWS OF NEVADA } Form of oath. Id corporation), and that I am not registered elsewhere in this State. So help me God (or under the pains and penalties of perjury). Whenever an oath is required by the provisions of th-is Act, the elector shall swear according to the form of his religions faith or belief, and in such manner as may be considered most obligatory on his conscience. School bonds autboriBod. School meeting to vote issaance of bonds. Form and amount of bonds. Chap. XCYII. — An Act authorizing the School Trustees of School District Number Ten, in the Town of BenOy Washoe County , to issue bonds for the purpose of building a school house in said school district, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly , do enact as follows: Section 1. The Board of School Trustees of School Distrij3t Number Ten, in the Town of Eeno, Washoe County, are hereby authorized to issue interest-bearing bondS; payable in not ex- ceeding five years, and for a sum not exceeding twelve thousand dollars, subject to the provisions of this Act. Sec. 2. Whenever the Board of Trustees of the school dis- trict named in section one of this Act shall, in their judgment, deem it advisable to build a school house for said 4istrict, they may call a school meeting for the purpose of providing means for such object. Such meeting shall be called in like manner, and subject to the same provisions of law, as prevail in all cases where money is to be raised for like purposes in school districts; and if a majority of the taxpayers whose names appear on the last assessment roll of said district shall vote to carry out the recommendation of such Board of Trustees, or to issue a smaller amount of bonds than was by them named in their notification calling said meeting, then in that case the action of said meeting shall be final, and no larger amount of bonds shall be issued than is determined by said vote. Seo. 3. Said bonds shall be made payable to bearer, and issued in sums not less than x)ne hundred dollars, with interest at not exceeding one per cent, per month. SIXTH SESI^ON. 175 Chap. XCYIII. — An Act to amend section six of an Act entitled "An Act defining the duties of State Treasurer" approved Feb- ruary secondj eighteen hundred and sixty-six^ [Approved March 7, 1873.] The People of the State of Nevada^ represented in Senate and As- sembly , do enact as follows: Section 1. Section six of said Act is hereby amended so as to read as follows: Section Six. The books, papers, and transactions of his office Books and shall be open at all times for the inspection of the Governor, JJen"© Controller, Board of Examiners, of either House of the Legis- inspection, lature, or of any committee thereof, or person authorized by law. He shall report to the Controller of State, on or before the Report to tenth of each month, the complete operations of the Treasury upstate.*' for the preceding month, specifying the amount received and from what sources; the amounts expended in the redemption of bonds, warrants, coupons for interest, etc., and the balance of cash on hand in the Treasury to the credit of the various Funds. For any failure (except it be unavoidable) to comply Penalty for with the provisions of this section, the Treasurer shall forfeit report*^ his office, and it shall be th^ duty of the Governor to declare the same vacant, and appoint a successor. Chap. XCIX. — An Act tO' provide for printing the annual reports of the State Treasurer and State Controller, [Approved March 7, 1873,] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: « Section 1. The State Treasurer and State Controller shall Reports of transmit to ^he State Printer the copy of their annual reports, of state^^ now authorized by law, as soon as prepared after the close of |»d State each fiscal year, and the State Printer shall print, in pamphlet to'^b?"^* form, twelve hundred copies of the same. printed. . Sec. 2. The reports for the years that the Legislature is in Reports to session shall be distributed by the Treasurer and Controller to Stedf " the several State and county officers and to the members of the Legislature, reserving enough for the use of the next ensuing Number to Legislature and to exchange with the officers of other States **®'®3®^*^®^ and Territories. Sec. 3. The reports for the years preceding that in which Distnbu- the Legislature convener shall be distributed as follows: three reports of hundred copies of their several reports to the Treasurer and fX",^®*^' Controller; fifty copies of each report to be deposited in the years. State Library; three hundred copies of each report for the use 176 LAWS OF NEVADA, of the members of the Senate, and five hundred and fifty copies of each report for the use of the members of the Assembly. Chap. C. — An Act to amend an Act entitled " An Act for the pur- pose of placing the finances of Lyon County upon a permanent cash basis, and to provide for the payment of the outstanding indebtedness of said county" approved February fourth, eighteen hundred and sixty-nine, [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section two of the above entitled Act is hereby amended so as to read as follows: Redemp- Section Two. The Board of County Commissioners of Lyon creaSd?^ County are hereby authorized and required, from and after the passage of this Act, to create in the County Treasury a Fund, to be known as the Redemption Fund of Lyon County, by the Additional additional levy, to the amount of tax already allowed by law, aShorized. ^^ ^® levied for general county purposes, of twenty cents on each one hundred dollars valuation of the taxable property of Portion of Said county; and the setting aside from the amount of tax, now tobe'piaced ^7 ^^^ authorized, twenty cents on each one hundred dollars in Fund, valuation of the taxable property of said county, until the in- debtedness hereinafter provided for, to wit, thirty-two thousand dollars, as principal, and no more, is fully paid. Said tax shall Assess- be levied, assessed, and collected, at the same time, and in like levying, manner, as other State and county taxes; and the amount of « ^.' tax so levied, assessed, and collected, shall be placed in said collection ' x^ of the tax " Eedemption Fund," as soon as paid into said Treasury. The authorized, moneys placed in the " Redemption Fund," created by this Act, shall be disbursed only as hereinafter provided. Chap. CI. — An Act for the relief of Mrs. Amanda M. Parker^ widow of Ozro H, Parker, deceased, [Approved March 7, 1873,] The People of the State of Nevada, represented in Seriate and As- sembly, do enact as follows: Appropria- iSeotiqn 1. The sum of twelve hundred dollars is hereby ******* appropriated out of any moneys in the Greneral Fund of the State, not otherwise appropriated, to pay Mrs. Amanda M. Parker, widow and sole devisee of Ozro H. Parker, deceased. SIXTH SESSION. 177 » in full of balance due him from the State, for services as Controller Porter, in and about the State Capitol, in the years eighteen warrant, hundred and sixty-nine and eighteen hundred and seventy; and the Controller is hereby authorized and directed to draw his warrant on the State Treasurer for the same. Chap. CII. — An Act to prohibit the $ale of intoxicating drinks to minors. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and Assem- bly j^do enact as follows: Section 1. Every person who, without a Written or verbal Sale of in- order from the parents or guardians, sells or gives to another JSiniw S*^ under the age of twenty-one years, to be by them drank at that minors or any future time, as a beverage, any intoxicating drink or misde- drinks, is guilty of a misdemeanor, and punishable by a fine not p^'^f^: less than twenty-five dollars and not more thail one hundred ment. dollars, or by imprisonment in the County Jail for a term not to'parwits, to exceed fifty days, or by both such fine and imprisonment; iruardii^s, provided, that nothing in this Act shall bq deemed to apply to ciaSs.^"' parents of such minors, or guardians of their wards, or physi- cians. Sec 2. All moneys collected for fines under the provisions Fines to be of this Act, shall, after deducting costs of suit, be paid over to £5lJity*^ the County Treasurer, and by him paid into the School Fund of ^^^^ his county. Chap. CIII. — An Act relating to the duties of the Secretary of State. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: « Section 1. The Secretary of State of the State of Nevada Secretary shall, hereafter, prepare and, render a biennial report to the bfennfai' Governor of Nevada, in like manner as the State Controller report. iEind Treasurer, in which report shall be included an exhibit, ^ showing in detail all expenditures made by him or under his direction; all moneys received by him, fVom whatever source, and the disposition made of the same. Said report shall also include all matters relating to the general business of the office of Secretary of State during the period embraced in said report. 23 178 LAWS OF NEVADA, Statutes He shall, also, in said report give an itemized account of all Nevada Statutes and Nevada reports distributed by him under the pro- R«port8 visions of la\^, stating to whom such distribution is made and " " the amount of money received from the sale of any such stat- utes and reports, and the number of each year's issue remaining on hand. Ezpendi- Seo. 2. All expenditures made by or under the directions of SS^tidb? til© Secretary of State shall be audited by the State Board of ^ard of Examiners, and no warrant shall be issued by the State Con- aminen ^p^u^j, f^j. payment of such expenditures unless the same shall have been approved and allowed by said Board of Examiners. Act to take Sec. 3. This Act shall take effect from and after its passage. effect. Chap. CIV. — An Act to provide for the destruction of noxious ani- mals within this State. [Approved March 7, 1873.] The People of the State of Nevada^ represented in Senate and As- sembly, do enact as follows: Bountiea SECTION 1. If any person shall take and kill, within this tion'of*™*^ State, any of the following noxious animals, he shall be entitled noxious to receive, out of the Treasury of the county within which *™ such noxious animal or animals shall have been taken, the fol- lowing, bounties, to wit: for every coyote or prairie wolf, fifty Amounts, cents; for every lynx or wild cat, two dollars; for every Cali- fornia lion, two dollars; all of which bounties shall be subject to the provisions of this Act. Scalps or Sec. 2. Every person intending to apply for such bounty producei% "3^^^^ take the scalp, with the ears, connected thereto, or the skin entire, of the noxious animal or animals killed by him, to • some Justice of the Peace of the county within which such noxious animal or animals shall have been taken. Oath and Sec. 3. The person claiming such bounty shall then be t^n?"**" sworn by such Justice, and state on oath the time and place when and where every noxious animal for which a bounty is claimed by him was taken and killed, and shall also submit to such further examination, on oath, concerning the taking and killing of such noxious animal or animals, as the Justice may require. Justice of Sec. 4. If it shall appear to the Justice that the noxious duties oi** animal or animals have been taken and killed within the county, he shall cut oif the ears from the scalp and destroy the said ears, and give to the person so sworn a certificate stating the number of scalps deposited with and destroyed by him. The said Justice shall receive for each oath administered by him Countjr twenty-five cents, and for each certificate, twenty-five cents, the SSneraVo Same to be allowed out of the General Fund of the county, audit and Sec. 5. Upon the presentation to the Board of Commission- claims, ers of the proper county of any such certificate they are hereby SIXTH SESSION. 179 aathorized and directed to allow the amount due, under the provisions of this Act, to the person therein named, out of the General Fund of such county, Seo. 6. This Act shall take effect and he in force from and Aottotako after the first day of March, eighteen hundred and seventy- •^*^** three. Chap. CY. — An Act to provide for the payment of the expense of enrolling for the sixth session of the Legislature of the State of Nevada. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly , do enact as follows: Section 1. The State Controller is hereby authorized and OontroUer required to draw his warrant on the State Treasurer, payable wawant for out of any money in the General Fund not otherwise specially enroUing. appropriated, for all expenses of enrolling done during and for the sixth session of the Nevada Legislature, after the same shall have been duly certified by the Secretary of State, and approved by the Board of Examiners; and the State Treasurer is hereby required to pay the same. Chap. CVI. — An Act authorizing the canceling of old unpaid war- rants. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. After the expiration of three years fVom the date Outstand- of issuance by the State Controller, all warrants that have been J^fpSf or may hereafter be issued, if not presented to and paid by the warrants. Treasurer on or before the expiration of three years from the Jinceiod. issuance thereof, whether outstanding or remaining in the office of the Controller uncalled for, shall become void; provided, how- claims ever, that the person or persons in whose favor such warrant or JJJewed. warrants may have been drawn, shall be permitted to renew his, her, or their claim against the State to the amount of such warrant or warrants canceled, by the presentation of the same to any succeeding Legislature, to be acted upon in the same manner as deficiency claims. Sec. 2. The State Controller is hereby authorized and di- Canceled rected to cancel and file as vouchers all such warrants as he tobe*flied. may find remaining in his office uncalled for. He shall, at the time of canceling such warrants, make a note to that effect 180 LAWS aF NEVADA, Note on register of WaiTftDtfl. Controller to certify to State Treasurer, etc. Treasurer to transfer Funds. Renewed claims to be paid out of General Fund. upon the margin of his warrant register, opposite where snch warrant or warrants are registered; and warrants that are still outstanding, and which become void un(}er this Act, he shall note the same upon the margin of his warrant register as above, giving the date such warrant or warranty become void. He shall, at the time that such warrants become void, certify the same to the State Treasurer, who shall thereupon make similar notes upon the margin of his warrant register, and he shall thereafter refuse to pay such warrants if presented. Sec. 3. Whenever the Controller shall certify to the Treas- urer, as directed in section two of this Act, he shall at the same time direct the Treasurer to transfer from the Fund or Funds upon which such warrant or warrants were drawn to the Gen- eral Fund an amount equjvfilent to such warrant or warrants, as the case may be; and whenever said person or persons in favor of whom such warrant or warrants were drawn shall renew his, her, or their claim against the State, the same shall be paid out of the General Fund. Preamble. Appropria- tion by United States for boundary survey. Chap. CTIL — An Act to provide for the removal of the county seat of Esmeralda County: [Approved March 7, 1878.] Whereas, An appropriation has been made by the Congress of the United States for the survey of the boundary line be- tween the States of Nevada and California, and a contract for the survey of such line has been awarded by the honorable Commissioner of the United States General Land O^ce; and, whereas, such survey when completed by the contractor and approved by said Commissioner, will legally establish such boundary line between said States; and, whereas, the Town of Aurora (the present couiity seat of Esmeralda County),, is situated near the line between said States, and may be deter- mined by such surv.ey to be in the State of California; therefore. The People qf the State of Nevada, represented in Senate, and As- sembly , do mact as follows: County . Section 1, If the official Government survey of the boundary Esmeralda 1^^® between the States of Nevada and California (when com- County.. pleted and approved) shall be established so. as to prove the Court House at Aurora to be in the State of California, then it shall b^ tte duty o^ the County Commissioners of su,ch county Change of to seleqt a^ suitable place, within ^uch Esmeralda Cpunty, as a county seat^ and to jcause to be removed thereto all public records, and all iiiovable personal property belonging to such county, except such property as such Commissioners may deem it for the interest of the. county to sell. Within twenty days from the selection of such county seat, all officers . of such couniy who ar^ required by law tq reside at the county seat shall, remove their records to the place designated by the counl^ Beat. '\ SI^TH 8K88ION. 483 00 >^ County Commissioners, at which place such* Commisf ' shall cause to be provided; at the expense of the coui Court-rooms and offices necessary for the proper adminisv — of the affairs of the county; and the place so selected by such Commissioners shall remain the county seat of such county until some other place shall be selected as a county seat, in accordance with law. Sec. 2. If any vacancy shall exist in the Board of Commis- Vtwancy sioners of such county, at the time when stich survey shall be ©f County legally established, the County Clerk of such county shall offi- Jj^neraf' cially notify the Governor of such vacancy, who shall forthwith appoint some suitable person to fill such vacancy, and no order for the removal of said county seat shall be made until such vacancy shall have been filled. Chap. CVIII. — An Act supplementary to an Act entitled ^^ An Act to create certain Legislative Funds, ^' approved January fifteenth, eighteen hundred and seventy -three, [Approved March 7, 1873.] * The People of the State of Nevada, represented in Senate and As- semhly, do enact as follows: Section 1. All claims properly payable out of the Legis- Certain lative Fund, of which this Act is supplementary, and which ifSmsVo^ cannot be j)aid from said Fund on account of the exhaustion be pmcL thereof, shall be registered upon and be paid out of the General General Fund. ^^d. Sec. 2. The State Controller is hereby authorized and directed controller to draw his warrant upon said General Fund for such claims in ^^ UJJ^ • the order of their presentation, and the State Treasurer is wwrant. authorized and directed to pay the same in their proper order. Sec 3. The sum of four thousand dollars is hereby appro- Appropria- priated, out of any money in the Treasury not otherwise appro- ^'^^^* priated, for the purpose of paying the claims mentioned in section first of this Act. Chap. CIX. — An Act to provide for the government of the State Prison of the State of Nevada. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As* sembly, do enact as follows: Section 1. The government of the State Prison of thismentof State shall be under the control of the Board of State Prison pSson. / / oard of State Prison Commis- sioners, poweiis of. Officers of Board. Quoram* Secretary to keep record. Warden of State Prison, when selected. SalaiT of Warden. Board of Commis- sioners. Warden, duties of. Becord. Monthly report. Commit- ments. Mileage of Sherins. Wardens, residence of Monthly estimates. Board to furnish supplies. LAWS OF NEVADA, Commissioners, as named in section twenty-one of Article five of the Constitution of this State, who shall have full and ex- clusive control of, and over, all the State Prison grounds, build- ings, prisoners. Prison labor, Prison property, and all other things belonging or appertaining to said Prison, and shall establish such rules, regulations, and by-laws, for the govern- ment and regulation thereof, as they may deem proper, and shall, fVom time to time, visit the Prison, examine into its affairs and government, and, ft*om personal observation and conference with the officers, change, alter, or abolish the same, as, in their judgment, may be found necessary for the well- being thereof. Seo. 2. The Governor shall be the President, and the Secre- tary of State Secretary of the Board; and any two thereof shall be a quorum, with full power to transact any business that may be required of such Board. Seo. 3. It shall be the duty of the Secretary to keep or cause to be kept, a full and complete account, in a book, or books, to be kept for that purpose, of all the transactions and proceedings of the Board, wherein shall be recorded all rules, regulations, and by-laws for the government of the Prison. Seo. 4. The State Prison Commissioners shall meet on the first Monday of April, A. D. eighteen hundred and seventy-three, for the purpose of selecting a Warden of the State Prison ; and the person so selected shall be the chief executive officer of said Prison, subject at all times to the order and direction of said Board, who shall have power at any time to discharge and remove said Warden, whenever, in the judgment of said Board, it shall be deemed proper and for the interest of the State. The Warden so selected shall receive a salary not to exceed three thousand dollars per annum, and shall perform the duties here- inafter specified. Seo. 5. The Board of Commissioners shall appoint~all neces- sary help, and have the general superintendence of the business of the Prison and Prison labor, and shall direct the Warden thereof to keep, or cause to be kept, a book, wherein shall be recorded the name, age, sex, occupation, place of birth, where sent fVom, the crime charged, date of incarceration, and expira- tion of the term for which the prisoners therein confined were sentenced, and shall make out a correct monthly report of the same, and file such report with the Secretary of the Board; and shall securely and carefully file in his office all commitments of prisoners that may be sent to the State Prison, and keep, or cause to be kept, a correct account, and certify any mileage that may be due to any Sheriff or deputy for conveying prisoners to the State Prison. Sec. 6. The Warden shall reside at the State Prison, and shall, within five days before the expiration of each month, make out a complete statement of the probable or estimated amount of clothing, provisions, medicines, and all other stores and necessaries, and character and quality of the same, and make a requisition upon the Commissioners; and they shall, as soon thereafter as possible, furnish, or cause to be furnished, the articles, provisions, or stores thus required, or so much thereof as they may deem necessary for the use of the Prison SIXTH SESSION. 183 during the ensuing month; provided^ that no supplies shall be Proviso, purchased or articles furnished the Prison at a greater price than the usual market r^tes for such articles; and, provided further J that nothing herein contained shall be so construed as ProTiso. to prevent the Commissioners from furnishing any necessary article, at any time, not enumerated in the monthly requisition of the Warden, or from purchasing or contracting for a greater than a monthly supply of any article used in said Prison, when deemed for the best interest of the State. Sec. 7. All accounts for provisions, clothing, medicines, fuel, Aeoountsto lights, or other supplies or stores furnished to the State Prison, by Wwdon as prescribed in the preceding section, shall be presented to the yVarden, and if the articles therein enumerated shall have been received he shall so certify, and the account so certified shall be delivered to the Secretary of the Board, and if the account be correct and the articles therein named were pur- chased or ordered by the Board, they shall audit and allow the Salaries, claim. All claims for salaries, repairs, buildings, or labor shall certified by be certified to by the Warden, presented, allowed, and paid as Warden, other indebtedness against the State Prison. Sec. 8. The Board of Commissioners may, whenever in their Sealed judgment it would be for the best interest of the State, adver- FJ? fu?SSh- tise for sealed proposals for the furnishing of supplies to the ingsuppUes State Prison. Notice of the time and place of the letting of each contract shall be given for at least two consecutive weeks. Notice. in some newspaper published within this. State. Such notice shall state the character, quality, and quantity of the supplies required, and any person may bid for the furnishing of all or any part of the articles enumerated in the notice; provided. Proviso, that no contract shall be for furnishing more than one year's supplies, as estimated by the Warden. . Sec. 9. The Board of Commissioners may, in their discretion, Labor of cause the prisoners, or any number of them, to be employed in co'^^icts. any mechanical pursuits and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the State Prison, and they shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in Quch man- ner as, in their opinion, will best subserve the interest of the State and welfare of the prisoners. Sec. 10. If, at any time, the Board of Commissioners be of Employ- the opinion that it would be to the interest of the State to ?i?°VlL 1 ^ • /»! • .1 I II .1 prisoners employ any portion of the prisoners without the walls or inclos- away from ures of the State Prison, either in improvement of the public p?wer of grounds or buildings, or for hire upon any private works where ^oardover. they may be profitably employed, within a reasonable distance from the Prison, they shall in that case direct the Warden accordiugly, in writing, and cause a record of such order to be entered at length on the records of the Board. Seo. 11. The Warden and officers of the Prison shall incur Escape of no forfeiture for the escape of any convict employed without JJJ'Jn®* the walls or inclosures of the Prison by order of the Commis- employed sioners, or going to or returning from such employment, unless pJS^J"*™ 184 LAW8 OP NEVADA, such escape should arise ftrom neglect or violation of law, or the rules, regulations, or by-laws of the Commissioners. Prison Sec. 12. The State Prison is hereby declared to extend to ovor^aceB ftnd Over any place or places of employment of the convicts of labor, without the walls or inclosures of the Prison, at which convicts may be employed, as provided in section nine of this Act. Moneys Sec. 13. All sums that are now or may hereafter become for prison ^^® ^^ *^® State for any manufactured article sold, or for labor labors performed, either within or without the Prison walls or inclos* be^paidUnto ures, shall be certified to under oath by the Warden to the FimcT Board of Commissioners, who shall receive and receipt for the same; and all moneys thus received shall be paid into the State Treasury, and the Treasurer shall place the same to the credit Secretary of the State Prison Fund, and the Secretary of said Board shall (S)nteoner^ make a report thereof to the Controller, at least once in each quarter. Action for Sec. 14. The Board of Commissioners, or either of them, are moneys due hereby authorized to commence and maintain an action in their laboror" or his own name, for the collection of any debt due, or that material, j^^^^y become due, from any person or persons, for any manufac- tured article sold, labor performed by convicts, for the enforce- ment of any contracts made by the CommissionerSj or damages for the non-fulfillment of any contract; such suits to be com- menced and maintained as provided by law in other cases. Inspection Seo. 15. All books and papers kept by or under the direction MdS^ap'ers. ^^ ^^^ Secretary of the Board and the Warden of the State * Prison, shall, at all times, on all legal days, be open to the inspection of the Commissioners, all State officers, members of the Legislature, and the Sheriffs of the several counties of this State; and shall, at the expiration of their term of office, be delivered over to their successors. Divuie Sec. 16. It shall be the duty of the Commissioners to pro- arpr^on. "^*^^ ^^^ *^® holding of divine service in the State Prison on each Sabbath day, and for that purpose may secure the services Proviso. of one or more ministers of the Gospel; jpromded, the expense thus incurred shall not exceed the sum of ^\e hundred and Bibles, twenty dollars per annum. They shall also furnish each con- furiii^el vict with a CQpy of the Bible, and such other books and papers as may be deemed for the well-being of the prisoners. To receive Sec. 17. The* Commissioners and the Warden of the State StatM*^ Prison are hereby required to receive all criminals sentenced to criminals, the State Prison by the authorities of the United States, and to keep them at hard labor or in solitary confinement, agreeably to the order of the Court pronouncing such sentence, until Expense of legally discharged therefrom; and the Warden shall certify to Stated t^® Board the expense of keeping all convicts thus sentenced, criminals, and said Board shall certify the same to the State Controller. Rules and Seo. 18. The Board of Commissioners shall, from time to of*pr£on.°^ time, cause to be placed in some conspicuous place or places about the Prison, so much of the laws of the State, and the rules, regulations, and by-laws of the State Prison, as relates to the intercourse between visitors to the Prison and the prisoners therein confined. Sec. 19. Any person who shall violate any of the rules, regulations, or by-laws of the Prison, as adopted and published SIXTH SESSION. 185 by the State Prison Commissioners, shall be subject to such Penalties penalties as may be prescribed by the Commissioners, and pro- tionof roles ceeded against in such manner as may be prescribed by law and the rules of said Commissioners; provided^ that no barbarous Cruel and punishments, by whipping, showering, or otherwise, shall be pSSish- prescribed by such Board of Commissioners; nor shall convicts, ™®?^j^.. , as punishment, be deprived of regular rations of food, and at ^'^ * the same time compelled to work the usual number of hours per day. Sec. 20. The Board of Commissioners are hereby authorized Commuta- and required to grant to any convict confined in the State Jentemse Prison, who shall well behave himself, and who shall perform gpgn ^d regular labor during good health, either within or without the State Prison inclosures,* a credit of five days for each month of such regular work and good behavior; such credit to be computed in favor of any such convict as a commutation of sentence, and to be deducted from the enti-re term of penal servitude to which such convict shall have been sentenced; provided, that said rule Forfeiture of commutation shall be so applied that the five days of credit tatS^™"" thus earned or allowed shall be forfeited by any refusal to labor, breach of the Prison rules, or other misconduct, as may be here- after prescribed by the Commissioners, during the month next succeeding that in which such credit may have been allowed. Sec. 21. The Board of Commissioners shall make such regu- Board to lations as may be necessary to comply with the provisions of ^^^®J^^^. the preceding section of this Act, and shall establish a scale or tions. rate of debits and credits for meritorious conduct or miscon- duct, which shall accompany the rules of the Prison; and the Debits and Warden shall keep, or cause to be kept, a book, in which shall conduct^to be entered up at the end of each month the result of credits or be reported debits, to which each convict may be entitled, and report the ** **^ ™ same to the Governor for the use and benefit of the pardoning Board; and said Board shall take into consideration all debits and credits thus furnished, while considering upon application for pardons. Sec. 22. The Warden shall, before entering upon the dis- Warden to charge of his duties as such officer, execute a bond in such sum ^^® ^^^ as the Board of Commissioners shall designate; and said Board shall have the right at any time to require of such Warden a new or additional bond for the faithful discharge of his duties, which bond shall be given to the State of Nevada, approved by the Board of Commissioners, and filed with the Secretary of State. Sec. 23. An Act entitled "An Act to provide for the govern- Acts ment of the State Prison of the State of Nevada," approved '•®«>«*^«^- March fourth, eighteen hundred and sixty-five, and an Act entitled "An Act to amend an Act entitled *An Act to provide for the government of the State Prison of the State of Nevada,' ap- proved March fourth, eighteen hundred and sixty-five," approved March thirteenth, eighteen hundred and sixty-seven, and all Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed; provided, nothing in this Act contained shall be so construed as to in any manner interfere with, or deprive 24 186 LAWS OF NEVADA, Gorapen- the present ex officio Warden of the compensation as named in DreaeDt^ Bcction twentj-five of the Act hereby repealed, during the term Warden, for which he has been elected Lieutenant Governor of this State. And the sum of eight thousand (¥8,000) dollars is here- Apprppria- by appropriated out of any money coming into the General salary of Fund, not otherwise appropriated, for the payment of the salary Go^iJi^o^* of the Lieutenant Governor, for house rent, I'urniture, and the etc. * necessary provisions for his table; and the Controller is here- by authorized and directed to draw his warrant in favor of the GontroUer said Lieutenant Governor for the said amount at the same time warrant. &nd in the same manner as warrants are drawn in favor of all other State officers, and the State Treasurer is hereby directed to pay the same. Act to take Seg. 24. This Act shall take effect from and after its pas- effect. sage. Chap. CX. — An Act to prohibit lotteries, [Approved March 7, 1873.] The People of the State of Nevada^ represented in Senate and As- sembly, do enact as follows: Lotteries SECTION 1. A lottery is any scheme for the disposal or dis- defined. tribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property upon any agreement, under- standing, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift £tfery*a**^ enterprise, or by whatever name the same may be known, misde- Sec. 2. Every person who contrives, prepares, sets up, pro- meanor. pQges, or draws any lottery, is guilty of a misdemeanor, s^iujt Sbo. 3. Every person who sells, gives, or in any manner fotte^ whatever furnishes or transfers to or for any other person any mlsde-* ticket, chancc, share, or interest, or any paper, certificate or meanor. instrument purporting or understood to be or to represent any ticket, chance, share, or interest in or depending upon the event of any lottery, is guilty of a misdemeanor. Assisting in Sec. 4. Every person who aids or assists, either by printing, lotteiyfetc. Writing, advertising, publishing, or otherwise, in setting up, meanor nianaging, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. Advertis- Seo. 5. Every person who opens, sets up, or keeps by him- kMpSg 8®lf ov by any other person, any office or other place for the onottery gale of or for registering the number of any ticket in any lot- misde- tery, or who by printing, writing, or otherwise advertises or meaner, publishes the Setting up, opening, or using of any such office, is guilty of a^misdemeanor. Sec. 6. Every person who insures or receives any considera- tion for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within SIXTH SESSION. 187 this state or not, or who receives any valuable consideration Dealer upon any agreement to repay any sum or deliver the same, or TOUdw^r any other property; if any lottery ticket or number of any "^'^ViJ^J^ ticket in any lottery shall prove fortunate or unfortunate, or Ss^*^ shall be drawn or not be drawn at any particular time or in meanor. any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action or prop- erty, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent upon the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor. Sec. 7. All moneys and property offered for sale or distribu- Lottery tion in violation of any of the provisions of this Act are for- ^iT*'" feited to the State, and may be recovered by information filed f^f^ or by an action brought by the Attorney General, or by any tostat^ District Attorney, in the name of the State. Upon the filing of the information or complaint, the Clerk of the Court, or if the Action for suit be in a Justice's Court, the Justice must issue an attach- ^»^«**^r«- ment against the property mentioned in the complaint or infor- mation, which attachment has the same force and effect against such propei*ty, and is issued in the same manner as attachments from the District Courts in civil cases. Sec. 8. Every person who lets or permits to be used any Letting of building or vessel, or any portion thereof, knowing that it is to JS!! fo?' be used for setting up, managing, or drawing any lottery, or for lottery the purpose of selling or disposing of lottery tickets, is guilty S mSde?* of a misdemeanor. meanor. Seo. 9. !pvery offense declared to be a misdemeanor by this Misde- Aet shall be punishable by a fine in any sum not exceeding five ho®^°®'' hundred dollars, or by imprisonment in the County Jail for any punished, term not exceeding six months, or by both such fine and impris- onment. Seo. 10. This Act shall take effect and be in force ft*om and Act to take after the first day of January, one thousand eight hundred and ^^^ seventy-four. Chap. CXI. — An Act providing for the location and taxation of borax and soda mines an^ claims. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. The ownership of, or claim to, or possession of, Asseesment or right of possession to, any lands in this State, containing JSfation of and held for the purpose of obtaining borax or soda, shall be borax and assessed, annually, for taxation, for State and county purposes, ^ ^ ^ at not exceeding five dollars per acre. The annual payment of said taxes, and the compliance with the provisions of an Act entitled <^ An Act to provide for the location of lands contain- 188 LAWS OP NEVADA, Titie. ing salt," approved February twenty-fourtli, eighteen hundred and sixty-five, shall be held as a recognition on the part of the State of the validity of said ownership of^ or claim to, or posses- sion of, or right of possession to, said lands; provided, that Tax on net Tvhere borax and soda mines and claims are being worked for prooee borate of soda, borate of lime, boracic acid, or carbonate of soda, then the net proceeds thereof shall be taxed. In the event that the tax on such net proceeds shall equal or exceed in amount what would be derived from said mines or claims, taxing them at ^vq dollars per acre, as aforesaid; and when the net proceeds are taxed, the ownership of, claim to, posses- sion of, or right of possession to, the said lands, shall not be taxed. Acts made Sec. 2. Scctious two, three, four, five, six, seven, eight, nine, applicable. ^^^ ^^^ ^^ ^^^ ^^^ entitled "An Act providing for the taxation of the net proceeds of mines," approved February twenty- eighth, eighteen hundred and seventy-one, shall be and are hereby made applicable as to time and manner of assessing and collecting the revenue derived from the net proceeds of borax and soda mines and claims. Collection Sec. H. The officei^s whose duty it is to enforce the pro- net pro-° visions of "An Act providing for the taxation of the net borax^and P^oceeds of mines " (referred to in section two of this Act), sodaiandB. shall enforce the provisions of this Act, so far as it relates to the taxation of the net proceeds of borax and soda mines and claims, and shall receive the same compensation as provided in said Act. Controller Sec. 4. The State Controller is hereby authorized and instruct'* directed to prepare and furnish the necessary .blanks and tions, etc instructions to carry this Act into effect. Chap. CXII. — An Act for the relief of White Pine County, [Approved March 7, 1878.] Preamble. Whereas. Lewis Cook, formerly County Treasurer of the ^{^ConniP bounty o^ White Pine, beeame a defaulter in his said office, Treasurer, prior to the thirty-first day of December, A. D. eighteen hun- dred and seventy, and thereafter an action was commenced in the District Court of the Eighth Judicial District, against the said defaulting Treasurer, and the sureties on his official bond, to recover the moneys in which he had made default, and remaining unpaid to the State and county; and, in consequence of the insolvency of a large number of said sureties, it was deemed expedient to compromise and settle said action, by accepting from said sureties a part of the sums of moneys in which said Treasurer had made default, being less than the moneys to which said county was entitled for its proportion from the said Treasurer, and the said action was thereupon in said District Court fally settled, and compromised, and dis- missed, as to the sureties who paid said moneys; therefore, SIXTH SESSION. J89 The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Moneys collected Section 1. The moneys paid over to County Treasurer of gur^iM^of the County of White Pine, or deposited with him, received ^©'^s irom the sureties of Lewis Cook, defaulting Treasurer of said defauUng county, are hereby directed and required to be cai;ried into the tJ^^^^^^^ several Funds of the said county, to be held and accounted for as to be paid' other moneys arising from taxes on real and personal property proper within said county, and the State does hereby release all claims ^i^^^- . . • J • *^ i » rt •' Claim of to said moneys and every part thereof. state thereto released. Chap. CXIII. — An Act to define and establish the boundary line between Humboldt and Lander Counties, [Approved March 7, 1873.] T%e People of the State of Nevada, represented in Senate and As- sembly , do enact as follows: Section 1. The boundary line between Humboldt and Lan- Boundary der Counties is hereby defined and established as follows, to between wit: Beginning at the northwest corner of Lander County and ^^^^®^^* running due south on the present line between Humboldt and Counties *' liander Counties, to a point due west of Battle Mountain Sta- established tion; thence due west twelve miles; thence in a direct line to the present northeast corner of Churchill County. Chap. CXIY. — An Act concerning Vagrants and Vagrancy. [Approved March 7, 1875.] The People of the State of Nevada, represented in Senate and As- sembly,. do enact as follows: Section 1. Every person (except Indians) without visible Vagrants, means of living, who Jtias the physical ability to work, and who *'®* does not, for the i*paoe of ten days, make proper inquiry for, and use due diligence, to. seek employment, nor labor, when employment is offered him; every healthy beggar who solicits alms as a business; every person who roams about from place to place, without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed^ahop,. outhouse, or place other than such as is kept for lodging purposes,, without the permissiQn of the owner or party entitled to the possession thereof; evety person who LAWS OF NEVADA, frequents gambling rooms, not being employed therein as an attache, " cheek guerrilla," i. e., one who frequents gambling rooms, and solicits money, or the checks used therein to repre- sent money, from the proprietors, bystanders, or betters, and who has no other means of living other than the money ob- tained thereby; every lewd ax{d dissolute male person who lives in and about houses of ill-fame; and every common PuniBh- drunkard, is a vagrant, and punishable by imprisonment in the ™®°^ County Jail not exceeding ninety days. Ck)nvicted Sec. 2. Every person convicted under the preceding section required ^^7 ^® required, by special or general order of the Board of tolabor County Commissioners, to perform labor on the public works worS. ^ or ways in the county. Where a conviction is had under the provisions of this Act the District Attorney shall be entitled to a fee of ten dollars. Act to take Seg. 3. This Act shall take effect and be in force on and ® ***• after its passage. Chap. CXV. — An Act to provide for the allotment of Senators of the State of Nevada. [Approved March 7, 1873.] Th^ People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Allotment SECTION 1. The Senate shall, in the case of any county in how SSd "' *^>8 St»^® which shall, by law, be entitled to two Senators, when made where such county shall have been created and organized since the adoption of the Constitution of the State of Nevada, at such time as the Senate shall, by resolution, direct, proceed to divide the Senators by lot into two classes; provided, that this Act shall not apply to any county, the representation of which, in the Senate, shall have been, by an Act of the Legislature, divided into terms of two and four years. AUotment, Seg. 2. Such allotment shall be as follows: Two tickets, not how made, distinguishable fVom each other, by reason of any difference in size, form, or color, shall be prepared and placed in a box, upon one of which tickets shall be written the words "First class," and upon the other the words ** Second class." The roll of Senators from such counties shall be called in alphabetical order; and the President of the Senate shall appoint a Page, to be blind- folded, who shall draw fVom a box, to be prepared for that pur- pose, one of the tickets, as each member's name is called; and the words upon the ticket so drawn shall designate the class to which each Senator shall belong. The seats of the Senators Term of of the first class shall be vacated on the day succeeding the firrtcfiiM.** ' g^'^^ral election, four years after such Senator shall have been Term of elected; and the seats of the Senators of the second class shall ?«»nd"*^ be vacated on the day succeeding the general election, two class. years after such Senator shall have been elected. SIXTH SESSION. 191 Chap. CXVI. — An Act to amend section twelve of an Act entitled "-4n Act to further amend an Act entitled *An Act to provide rev- enue for the support of the government of the State of Nevada,' " approved March first , eighteen hundred and sixty -six. [Approved March 7, 1873.] The People of the State of Nevada, represented in Senate and As- sembly, do enact as follows: Section 1. Section twelve of the said Act is hereby amended so as to read as follows: Section Twelve. The County Auditors of the several counties County of this State shall, on the first Monday of each month, transmit to^fnmsmit a statement to the Controller of State of all State moneys J^^™*** in the respective County Treasuries, and from what source trow^, derived, and the Treasurers of the respective counties shall at all times hold themselves in readiness to settle and pay all. Coanty moneys in their hands belonging to the State, whenever required ^ p\*y over so to do by an order signed by the State Controller and State state Treasurer; and the Controller and Treasurer are hereby author- SJderfete? ized to draw such order whenever they deem it proper. At the time the County Treasurer of any county shall pay over county to the State Treasurer moneys required to be paid by the order Ja^^JJp of the Treasurer and Controller, it shall be the duty of such to Control- County Treasurer to deliver to the Controller a statement i^iSaf '" showing the amount so paid. The County Treasurer shall, on settlement, the second Mondays of June and December of each year, settle in full with the Controller of State, and send, in such manner as he shall designate, to the Treasurer of State, all funds which shall have come into their hands as County Treasurers for the use of and benefit of the State, taking therefor a receipt from the Treasurer of State, which receipt he shall cause to be filed with the Controller. Before making payment, each County Treas- Report of urer shall transmit to the Controller of State, by mail or other- Si'^tor wise, a report from the County Auditor, together with a JJJ'A'^^^^ duplicate thereof, stating specially the total amount collected controller and the amount due the State from each particular source of te£^"?*J • • t n i«i 1111 /»ii«i 1 yi II ireMurer. revenue, the original of which shall be filed with the Controller OontroUer of State, who shall enter upon the same, and also upon the ^i^V^t. duplicate, the cash paid the Treasurer of State and the amount of expenses allowed. The County Treasurer shall thereafter file the duplicate report with the County Auditor of his county, Auditor whereupon the Auditor shall balance the Treasurer's account; dupifeate. and it shall be the duty of the Auditor to furnish the County Treasurer with the report which such Treasurer is required to produce in making his settlement with the State. 192 LAWS OF NEVADA, Appropria- tion to publish Vols. VIII and IX of , Supreme Court Reports. Reports to be retained by Secretary of State, distributed and sold. Proceeds to go into State Library Fund. Commis- sioner's report Chap. CXVII. — An Act io appropriate funds for the preparation and publication of the eighth and ninth volumes of the Nevada Reports, [Approved March 7, 1873.] The People of the State of Nevada^ represented in Senate and As- sembly, do enact as follows: Section 1. There is hereby appropriated the sum of forty- five hundred dollars, in gold coin, out of any moneys in the State Treasury not otherwise specifically appropriated, for the preparation and publication of one thousand copies of the eighth volume of the Nevada Jleports; and, also, a like sum is hereby appropriated as aforesaid for the preparation and publication of one thousand copies of the ninth volume of said Heports; and on presentation of the proper evidence of acceptance of either volume of said Nevada Eeports by the. Judges pf the Supreme Court, or a majority of them, the Controller of State shall draw his warrant -on the Treasurer in favor of the Commissioner for said sum of forty-five hundred dollars for each of said volumes. Sec. 2. The Secretary of State shall retain two hundred copies of each volume of the Nevada Eeports hereafter pub- lished, for the use of the State Library and the Legislature, while in session; and after distribution as now required by law any surplus remaining in his possession shall be sold by him, at a price not exceeding five dollars per volume^ and the money received from such sales shall be paid into the State Library Fund, without delay, after making such sales. Sec. 3. The Commissioner shall annually file with the Board of Examiners a statement of his disbursements and expendi- tures in the preparation and publication of said Eeports. Board of Directors to control tke admin- istration of State Orphans' Home created, etc. Chap. CXVIII. — An Act to amend an Act entitled ^^An Act for the government and maintenance of the State Orphans' Home" ap- proved March first, eighteen hundred and seventy-three. [Approved March 8, 1873.1 The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section one of said Act is hereby amended so as to read as follows; Section One. The administration of the State Orphans' Home shall be under the control of a Board of three Directors, to consist of the Superintendent of Public Instruction, Surveyor General, and State Treasurer. They shall elect from their number a President and Vice President. They shall be known by the name and style of the Directors of the State Orphans' Home. SIXTH SESSION. 193 Chap. CXIX.— An Act defining the rights of Husband and Wife, [Approyed March 10, 1873.] I The People of the State of Nevada^ represented in Senate and As- sembly^ do enact as follows: Section 1. All property of the wife, owned by her before Separate marriage, and that acquired by her affcerwarda by gift, bequest, ^^^^ devise, or descent, with the rents, issues, and profits thereof, is her separate property; and all property of the husband, owned Separate by him before marriage, and that acquired by hitn afterwards ^taSi^^ by gift, bequest, devise, or descent, with the rents, issues^ and profits thereof, is his separate property. Sec . 2. All other proparty acquired, after marriage, b y e ithe r Communi^ htigJt mnd < H ^ w i fe, o r b o t b/ oxoopt aa pr o vid e d- in oootion a fea r- *^ p«>i>wty Sec. 3. A full and complete inventory of tne separate prop- inventory erty of the wife, exclusive of money in specie, must be made jJo^erty of out and signed by her, acknowledged or proved in the manner wife to be required for the acknowledgment or proof of a conveyance of '®*^**'**®^* real property by an unmarried woman, and shall be recorded, if she be a resident of this State, in the office of the Eecorder of the county in which she resides; and if there be included in such inventory any real estate lying in any other county, also, in the office of the Eecorder of such other county, or if she be not a resident of this State, then in the office of the Eecorder of each county wherein any portion of the property, real or personal, is situated, located, or used; and from time to time thereafter, a further and supplemental inventory shall be made out, signed. Supple- acknowledged, or proved and recorded in like manner, of all other (Syentory. separate property afterwards acquired by the wife, excepting money whilst in specie and unconverted, and the rents, issues, and profits of her separate property, included in the original or any subsequent inventory, if the same* be money, so long as it shall remain in specie and unconverted. Sec. 4. When the wife is a resident of this State, the filing Filing of for record of the inventory of her separate property in the foJ?Soo3 office of the Eecorder of the county in which she resides is to be notice notice of her title to the same, except as to any real estate sit- uate in another county; and as to such real estate, the filing for record of the inventory thereof, in the office of the Eecorder of the county wherein the same is situate, is notice of her title thereto. When the wife is not a resident of this State, the filing for record of the inventory of her separate property in the office of the Eecorder of the county wherein any portion of such property, real or personal, included in the inventory is situate, located, or used, is notice of her title as to all such property situate, located, or used in such county. Sec. 5. When the wife is a resident of this State, the failure Failure to file for record an inventory of her separate property in the i^v^ntory, office of the Eecorder of the county in which she resides, or effeotof: * 25 194 LAWS OF NEVADA, Same. the omission from the inventory, filed for record in such office, of any part of such property, except as to real estate situate in another county, is prima facie evidence, as between the wife and purchasers in good faith and for a valuable consideration from the husband, that the property of which no inventory has been so filed, or which has been omitted from the inven- tory, is not the separate property of the wife; and as to any real estate situate in another county, the failure to file for rec- ord an inventory thereof in the office of the Recorder of the county wherein the same is situate, or the omission from the inventory filed for record in such office, of any part of such real estate, is prima facie evidence, as between the wife and • such purchasers as aforesaid, that such real estate of which no inventory has been so filed, or which has been omitted from the inventory, is not her separate property. When the wife is not a resident of this State, the failure to file for record an inventory of her separate property in the office of the Recorder of the county wherein any portion of such property is situate, located, or used, or the omission from the inventory filed in such office, of any part of such property, is, as to all such property situate, located, or used in that county, of which no inventory has. been so filed, or which has been omitted fVom the inventory, prima facie evidence, as between the wife and such purchasers as aforesaid, that the same is not her separate property. Husband Sec. 6. The husband has the entire management and control commucUy ^^ ^^® Community property, with the like absolute power of dis- property. position thereof, except as hereinafter provided, as of his own separate estate. Nowtatein Sec. 7. No estate is allowed the husband as tenaijt by ^^^JJJ^^JJ"*'^ courtesy, upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband. Tenants in Sec. 8. A husband or wife may hold real or personal prop- common. QYiy as joint tenants, tenants in common, or as community property. Wife to Sec. 9. The wife rnay, without the consent of her husband, separate ^^ convey, charge, incumber, or otherwise in any manner dispose property, of her separate property. Upon death Sec. 10. TJpon the death of the wife the entire community ©ommunity Property belongs, without administration, to the surviving property husband, exqept that in case the husband shall have abandoned husband, his wife and lived separate and apart from her without such when wife ^^^^c as would havc entitled him to a divorce, the half of the nbandontd community property subject to the payment of its equal share by husband ^j^. ^^j^^ debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such de- scendants are in the same degree of kindred to the decedent; otherwise, according to the rigrU of representation; and in the absence of both such disposition and such descendants, goes to Comma- ^®^ Other hcirs at law, exclusive of her husband, nity Sec 11. Upon the death of the husband, one half of the Snon^death Community property goes to the surviving wife and the other how"di8*°*^' half is subject to the testamentary disposition of the husband; posed of. and in the absence of such disposition, goes to his descendants . SIXTH SSSSIOK. 195 equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of represent- ation; and in the absence of both such disposition and such descendants, is subject to distribution in the same manner as the separate property of the husband. In case of the dissolution Common of the community by the death of the husband, the entire com- Jubjwtto munity property is equally subject to his debts, the family debts, etc. allowance, and the charges and expenses of administration. Seo. 12. In case of the dissolution of the marriage by decree Division of of any Court of competent jurisdiction, the community prop- fn oaseof erty must be equally divided between the parties, and the divorce. Court granting the decree must make such order for the division of the community property, or the sale and equal dis- tribution of the proceeds thereof, as the nature of the case may require; provided^ that when the decree of divorce is rendered Proviso. on the ground of adultery or extreme cruelty, the party found guilty thereof is only entitled to such portion of the community property as the Court granting the decree may in its discretion, from the facts in the case^ deem just and allow; and such allow- ance shall be subject to revision on appjeal in all respects, including the exercise of discretion, by the Court below. . Sbc. 13. The earnings of the wife are not liable for the debts ^^^JJjg*® of the husband. Sec. 14. The earnings and accumulations of the wife and Earnings of of her minor children, living with her, or in her custody, while minor diii- she is living iseparate from her husband, are the separate prop- dren.otc erty of the wife. Sec. 15. When the husband has allowed the wife to appro- Earnings of priate to her own use her earnings, the same, with the issues J^pJiJ^e and profits thereof, ia deemed a gift from him to her, jand is, property. with such issues and profits, her separate property. *Seo. 16. The separate propei'ty of the husband is Dot liable.Debts of for the debts of the wife, contracted before the marriage. ^^ ®* Seo. 17. The separate property of the wife is not liable for Debts of the debts of her husband, but is liable for her own debts, con- *^'^^^'^^ tracted before or after marriage. Seo. 18. Except as mentioned in the next section, neither Separate husband nor wife has any interest in the property of the other, p^p^^^* Seo.. 19. Either husband or wife may enter into any con- Contract tract, engagement, or transaction with the other, or with any husband: other person respecting property, which either might enter into *jd wife, if unmarried, subject in any contract, engagement, or transac- tion between themselves, to the general rules which oonti'ol the actions of persons occupying relations of confidence and trust towards each other. Seo. 20. A husband and wife cannot by any contract with Contract of each other alter their legal relations, except as to pi'operty, and «®p*^*^^"- except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation, Sbc. 21. The mutual consent of the parties is a sufficient Oonsidera- consideration for such an agreement as is mentioned in the last ^^^° ^^' section. A I 196 LAWS 09 KKVABA, Husband bound for necessaries furnished wife, when. Husband not liable, when. Support of husband by wife, when required. Wife to sue and be sued Property rights inde- pendent Marriage oontracts. Marriage contracts to be recorded Recorded marriage contract to be notice. Contract not ralid, when. Marriage contract of minor. Acknowl- edgement of married woman necessary. Power of attorney. Acknowl- edgement. Acts repealed. Sec. 22. If the husband neglects to make adequate provision for the support of his wife, any other person may, in good faith, snpply her with articles necessary for her support, and recover the reasonable value thereof from the husband, x Sec. 23. A husband abandoned by his wife is not liable for her support until she offers to return,, unless she was justified by his misconduct in abandoning him. SsG. 24. The wife must support the husband out of her sep- arate pi-operty when he has no separate property, and they have no community property, and he from infirmity is not able or competent to support himself. Sec. 25. When the wife is living separate and apart from her husband she may sue and be sued alone. Sec. 26. The property rights of husband and wife are gov- erned by this Act, unless there is a marriage contract or settle- ment containing stipulations contrary thereto. Sec. 27. All marriage contracts or settlements must be in writing, and executed and acknowledged or proved in like man- ner as a conveyance of land is required to be executed and acknowledged or proved. Sec 28. When such marriage contract or settlement is ac- knowledged or proved it must be recorded in the office of the Kecorder of every county in which any real estate may be situ- ated which' is conveyed or affected by such contract. Sec. 29. When such marriage contract or settlement is de- posited in the Eecorder's office for r^ord it shall, as to all property affected thereby in the county where the same is deposited, impart full notiee to all persons of the contents thereof. Sec. 30. l^o such marriage contract or settlement shall be valid as to any real estate, or affect the same, except as between the parties thereto, until it shall be deposited for record with the Eecorder of the county in which such real estate is situate. Sbo. 31. A minor, capable of contracting marriage, may make a valid marriage contract or settlement. Sec. 32. No estate in the real property a married woman possesses is affected by any conveyance or other instrument, except a will purporting to be executed or acknowledged by her, unless the same be acknowledged by her in the manner that conveyances by married women are required to be acknowl- edged. Sec. 33. A power of attorney of a 'married woman, author- izing the execution of an instrument conveying or affecting her real property, shall be acknowledged as above mentioned. Sec. 34. A conveyance or other instrument' affecting or re- lating to real estate, except a will made by a married woman, has no validity until acknowledged as above provided; but when< 00 acknowledged has the same effect as if she were unmarried. Seo. 35. An Act entitled <rarian. quarterly in the same manner as is provided for the payment of the salaries of other State officers. Seo. 2. Section six of an Act entitled ''An Act to provide for Repealed, the government of the State Prison of the State of Nevada/* approved March fourth, eighteen hundred and sixty-five, is hereby repealed. Sec. 3. This Act shall take effect and be in force from and Act to take after the first oni the Board of County Commissioners of the county in which such ™* ^* election was held, indorsed " Election Beturns." The packet, thus sealed, shall be conveyed by one of the Inspectors or Clerks of Election, to be determined by lot if they cannot otherwise agree, or by some other person to be agreed upon by the Inspectors, and delivered to the said Clerk of the Board of County Commissioners, at his office, within ten days from the close of the polls. The poll book, tally list, certified copy of register, ballot box and ballots thus inclosed and sealed, shall be deposited in the office of the Clerk of the Board of Commis- sioners, and preserved until the next general election. The other poll book and tally list shall be deposited with one of the Inspectors of Election, to be determined by lot if not otherwise agreed upon ; and said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter, who may wish to examine the same; provided, however , that the ballots so deposited with the Board Proviso, of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then 6nly by the Judge, body, or Board before whom such election is being contested. Sec. 30. On the tenth day (or if that day shall fall on Sun- Manner of day then on the Monday following) after the close of any elec- county ^^ tion, or sooner if all the returns be received, the Board of Commia- County Commissioners shall proceed to open said returns and "*^°®"' make abstracts of the votes. Such abstract of votes for mem- ber or members of Congress shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of the votes for district and State officers shall be on one sheet; and the votes for county and township officers shall be on one sheet. And it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners, to each of the persons having the highest num- ber of votes for members of the Legislature, district, county, and township officers respectively, and to deliver such certifi- cate to the person entitled to it on his making application to said Clerk at his office; provided, th&t when a tie shall exist Proviso. between two or more persons for the Senate or Assembly or any other county, district, or township officer, the Board of County 204 LAWS OF NEVADA^ votes to be tranemit-^ ted to the Secretaiy of State. Canvass. Proviso. CommissioDers shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice. And it shall be the duty of the said Clerk of said Board of County CommissioDers of such county, on receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Elec- tion may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session ; and the said Board shall -order the compensation aforesaid, if cor- rect, to be paid out of the County Treasury^ Abstract of Sec. 31. The Board of County CommissioniBrs, after making the abstract of votes as provided in section thirty, shall cause their Clerk to make a copy of said abstract and transmit the same, by mail or express or special messenger, to the Secretary of State at the seat of Government; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State- and shall open and canvass the vote for members of Congress, district and Gfovemor State officers; and the Governor shall grant a certificate of certificates ©lection to and commission the persons having the highest num- • flection, ber of votes, and shall also issue proclamation declaring the elec- tion of such persons. In case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes, the Grovernor shall, by proclamation, order a new election; provided^ when an election for Electors of Presi- dent and Vice President of the United States takes place,^the vote therefor shall be canvassed in the manner aforesaid on the fourth Monday after such election is held. Sec. 32. !No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the Governor or Board of County Commissioners on account of any such defect or informality of any returns made to the office of the Secre- tary of State or to the Board of County Commissioners. Seo. 33. If the returns of the election of any county in the State shall not be received at the office of the Secretary of State on or before said third Monday of December succeeding such election, the said Secretary may forthwith send a messen- ger to the Clerk of the Board of County Commissioner^ of such county, whose duty it shall be to furnish said messenger Messenger, with a copy of such returns; and the said messenger shall be paid out of the Treasury of such county the sum of thirty cents for each mile he shall necessarily travel in going to and return- ing from said county. Whenever it shall be necessary, in the opinion of the Board of County Commissioners, to employ a messenger to convey the returns to the seat of Government, and deliver them to the Secretary of State, the person perform- ing such service shall also be entitled to receive, as compensa- tion, mileage at the rate of thirty cents per mile, computing the distance from the county seat to the seat of Government by the usual traveled route. Certifi- cates, etc., not to be withheld on account of defect in returns. Delayed returns. etc SIXTH sissrox. 205 SEa 34. When two or more counties are united in one District Senatorial, Eepresentativey or Judicial District for the election how made. of any officers, the Board of County Commissioners of ^ach county shall canvass the votes according to law of the voters of their respective counties for said officer or officers; and the Commissioners of the county whose initial is the lowest on the alphabet shall transmit to the Commissioners of the county of Abstract of the highest initial a copy of the abstract of the votes for such ^^'®^ officer or officers, when the said last Commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections. Sec. 35. Whenever the returns are required to be trans- Returns, mitted by one Clerk of a Board of County Commissibners to mUtiSf""" another, or by the Clerk of the Board of County Commis- sioners to the Secretary of State, it shall be the duty of such Clerk, if not otherwise directed by the Board of County Com- missioners, to deliver the same to some Postmaster of the county, at the Post Office, to be transmitted by mail, taking t^om such Postmaster, if it oan be obtained, a certificate, setting forth the time when such returns were deposited in the Post Office, which certificate the Clerk shall file in his office. Sec. 36. There shall be allowed, out of the County Treasury Ck>mpen8a- of such county, to the several Inspectors and Clerks of Elec- offioen of tion, five dollars per diem, and to the person carrying the poll ©lection. books from the place of election to the Clerk's office, and to the Clerk of the Board of County Commissioners, for attending at another county to canvass votes, the sum of thirty cents per mile for going and returning, to be paid out of the County Treasury. Sbo. 37. Any elector, of the proper county, may contest the Causes for right of any person declared duly elected to an office exercised ei?ct^n to in and for such. county; and, also, any elector of a township ^ount:^ or may contest the right of any person declared duly elected to office, any office in and for such township, for any of the following causes: First — For malconduct on the part of the Board of Inspec- tors, or any member thereof. Second — When the person whose right to the office is con- tested was not at the time of election eligible to such office. Sec. 38. When . any election, held for an office exercised in Contest for and for a county, is conliested on account of any malconduct dc^t^of ' on the part of the Board of Inspectors of any precinct, or any inspectors. member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the re- maining vole of the county. . Sec. 39. When any elector shall choose to contest the right Statement of any person declared duly elected to such office, he shall, t^ be^fii^d. within forty dfiys thereafter, file with the Clerk of the District Court a written statement^ setting forth, specifically: ivernor upon impeach- trial of ini- ment, and in all other cases, the President of the Senate. Sbc. 79. At the time and place appointed, before the Senate Oathtobo proceed to act on the impeachment, the Secretary shall admin- tfr^^* ister to the President of the Senate or Chief Justice (as the case chief ^ may be) and the President of the Senate or Chief Justice (as p^ldent. the case may be) to each of the members of the Senate then gJ^^to„^ present, an oath or affirmation, truly and impartially to hear, try, and determine the impeachment. Sbo. 80. The judgment may bo that the defendant be sus- What pended and removed from office, or that he be removed from mafbS^* office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust, or profit under the Constitution and laws of this State. Sbo. 81. If judgment of suspension be given on the votes of Two-third two thirds of 'the members elected to each branch of the Legis- required to lature, the defendant shall, during the continuance thereof, be suspend, disqualified from receiving the salary, fees, or emoluments of the office; and the Judge, District Attorney, or any State officer complained of, shall be served with a copy of the complaint against him, and have an opportunity of being heard in person or by counsel, in his defense; provided, that no member of Proyiso. either branch of the Legislature shall be eligible to fill the vaeancy occasioned by such removal. ' Sbo. 82. When articles of impeachment shall be presented against the President of the Senate, such officer shall be^ 212 LAWS OF NEVADA, When President of Senate tempo- rarily Buspended. State oflBce to be filled tempo- rarily. Fraudulent action of officers of election, how punished. Persons refusing to be sworn, or to answer, how punished. Punish- ment for fraudulent Toting, etc Punish- ment for fraudulent attempt to rote, etc. temporarily suspended from his office and shall not act in his official capacity until duly acquitted. Upon such suspension of any State officer whose office is created by the Constitution or laws of this State, the GoTernor shall immediately take charge of his office, and such office shall at once be temporarily filled by appointment by the Governor until the acquittal of the party impeached, or in case of his removal, then until the vacancy be filled as provided by law. Sec. 83. Every person charged with the performance of any duty under the provisions of any law of this State relat- ing to elections, who willfully neglects or refbses to perform it, or who in his official capacity, knowingly and iVaudulently acts in contravention or violation of any of the provisions of such laws, shall be deemed guilty of felony, and punishable by fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or by both such fine and imprisonment. Sec. 84. Every person who, after being required by the Board of Judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question propounded by such Board touching his right or the right of any other person to vote, is guilty of a misdemeanor, punish- able by a fine not exceeding five hundred dollars, or imprison- ment in the County Jail not exceeding three months, or by both such fine and imprisonment. Seo. 85. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any elec- tion, or knowingly hands in two or more tickets folded together, or changes any ballot after the same has been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully provided, other ballots while the same are being counted or canvassed, or abstracts any bal- lots lawfully polled any other time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, or ballot box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such elec- tion or conducting such canvass, or with voters lawfully exer- cising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully con- ducted, shall be guilty of felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or by ooth such fine and imprisonment. Sbg. 86. Every person not entitled to vote who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the SIXTH SESSION. 213 County Jail not exceeding sixty days, or. by both such fine and imprisonment. Sec. 87. Every Inspector, jTudge, or Clerk of an election, Panish- who, previous to putting the ballot of an elector in the ballot fraudulent box, attempts to find out any name on such ballot, or who opens ^i^g^®7 or suffers the folded ballot of any elector which has been handed by election in to be opened or examined previous to putting the same into ^^^^^* the ballot box, or makes or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such In- spector, Judge, or Clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by fine of not less than fifty nor more than five hundred dollars. Every per- Punish- son who forges or counterfeits returns of an election purporting foJ^*,^**or to have been held at a precinct, town, or ward, when no election counterfeit- was in fact held, or willfully substitutes forged or counterfeit ^°*'^®*""^'* returns of election in the place of the true returns of a pre- cinct, town, or ward where an election was actually held, is punishable by imprisonment in the State Prison for a term of not less than two nor more than ten years. Sec. 88. Every person who, by force, threats, menaces, Punish- bribery, or any corrupt means, either directly or indirectly, SJmnting attempts to influence an elector in giving his vote, or to deter 5^i°**°^^" him from giving the same, or attempts by any means to awe, elector, etc. restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at such election by deceiving and causing such elector to vote for a different person or any office than ho • intended or desired to vote for, or who, being Inspector, Judge, . or Clerk of any election, while acting as such, induces, or at- tempts to induce, any elector, either by menace, or reward, or promise thereof, to vote different from what such elector intended or desired to vote, shall be guilty of felony, punishable by fine not exceeding one thousand dollars, or imprisonment in the State Prison not exceeding five years, or by both such fine and imprisonment. Sec. 89. Every person who, with intent to promote the elec- Punish- tion of himself or any other person, either: Stent^to First — Furnishes entertainment at his expense to any meet- promote ing of electors previous to or during an election. of^erwn. Second — Pays for, procures, or engages to pay for any such Causes for. entertainment. Third — Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the con- veyance of voters who are sick or infirm. Fourth — Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conduct- ing public meetings, for the discussion of public questions, and 214 LAWS or NIYADA, Punish- ment for offering bribe. Pnnish- ment for offering appoint- ment, etct, to oflBce in considera- tion of Tote. Punish- ment for selling, etc. . liquors on day of election. Qovwnor to issue proclama- tion of rewards for yiolations of Act How paid. of printing and circulating ballots, handbills, and other papers, previous to such election, shall be guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars or impris- onment not exceeding six months in the County Jail. Sec. 90. Every person who. gives or offers a bribe to any officer or member of any Legislature, caucus, political Conven- tion, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this State, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, shall be guilty of fel- ony, punishable by a fine not exceeding five thousand dollai*s or ten years imprisonment in the State Prison, or both such fine and imprisonment. Sec. 91. Every person who, being a candidate at any elec- tion, offers or agrees to appoint or procure the appointment of any particular person to office, position, or employment as an inducement or consideration to any person to vote for, or pro- cure, or aid in procuring the election of such candidate, or per- son not being a candidate, who communicates any offer made in violation of this and the preceding section, to any person with intent to induce him to vote for, or to procure or aid in procur- ing the election of the candidate, shall be deemed guilty of fel- ony, punishable by imprisonment not exceeding five years or a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Sec. 92. No person shall sell, give away, or furnish, or cause to be sold, given away, or furnished, either for or without pay, within this State, on any day upon which any general election is held, nor within the limits of any county or city on any day upon which any special or municipal election is held therein, any spirituous, malt, or fermented liquors or wines; and any one so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than one thousand dollars, or by impris- onment in the County Jail not less than one nor more than six months, or by both such fine and imprisonment, in the discre- tion of the Court; and it shall be the duty of Judges of the District Courts of the several Judicial Districts in this State, to specially give this act in charge to every Grand Jury impaneled in their respective districts. Seo. 93. The Governor is hereby authorized and directed, at least thirty days previous to any general election and fifteen days previous to any special election, to issue a proclamation offering a reward of one hundred dollars for the arrest and conviction of any person violating any of the provisions of this Act, when the crime is a misdemeanor; and a reward of two hundred dollars for the arrest and conviction of any person guilty of felony, as herein provided; and such rewards to be paid until the total amount hereailer expended for the purpose reaches the sum of ten thousand dollars, payable out of any moneys in the State Treasury not otherwise appropriated. And all moneys collected under the provisions of this Act shall revert to the General School Fund of the several counties where such case was brought. 8IXTH SESSION. 215 Sec. 94. It shall be the duty of the Secretary of State to Secretary cause to be printed in pamphlet form a requisite number *of Required to copies of this Act, with marginal notes and properly indexed, a cause Act suitable number of which shall be forwarded by him to the printed in County Clerks of the several counties of this State, at least g^m^^! sixty days previous to the holding of any general election, and ' ' at least twenty days previous to the holding of any special election; and it is hereby made the duty of the said County Clerks to inclose in each and every ballot box sent out by them to be used at the various precincts of their respective counties, fiva or more copies of said Act, as in their judgment they may deem proper. Sec. 95. <. one thou- sand eight hundred and seventy-one. [Approved March 15, 1878.] The People of the State of Nevada, represented in Senate and Assem- bly, do enact as follows: Section 1. Section one of the Act entitled <"«^- Senate; ^ve hundred and fifty (550) copies thereof for the use of the members of the Assembly; three bundred (300) copies thereof for the use of the Controller, to supply the various county officials, and exchange with the several States and Ter- ritories. No. Yl.-— Senate Concurrent Resolution. [Passed January 20, 1873.] Resolved, by the Senate,the Assembly concurring. That twelve Relative to hundred (1,200^ copies of the report of the State Treasurer be 5tc° R°e%rt printed-:— fifty (50) copies thereof for the State Library; three of state hundred (300) copies thereof for the use of the members of the ^'®*«"«'- 230 RESOLUTIONS AND MEMORIALS, Senate; five hundred and fifty (550J copies thereof for the use of the members of the Assembly; ana three hundred (300) copies thereof for the use of the Treasurer, for the purpose of supply- ing the various county officers and exchanging with States and Territories. No. VII. — Senate Concurrent Besolution. Bidleman granted leaye of absence. [Passed January 23, 1873.] Besolvedj by the Senate, the Assembly concurring. That H. J. Bidleman, Recorder of Lander County, is hereby granted leave of absence from the State for the period of six months, at any time during his term of office; provided j that said County Re- corder shall have a competent deputy to discharge all the duties of said office required by law during his absence. Travis cranted leaye of absence. No. VIII. — Senate Concurrent Resolution, [Passed January 23, 1873.] Besolved; by the Senate, the Assembly concurring, That W. S. Travis, Sheriff of Lincoln County, have leave of absence for six months. Relatiye to printing proceed- ings of Senate and Assembly in election of United- States Senator. No. IX. — Senate Concurrent Resolution. [Passed January 23, 1873.] Resolved, by the Senate, the Assembly concurring. That two thousand and five hundred copies of the proceedings of the Senate and Assembly relating to the election of United States Senator, together with the remarks of the Hon. J. P. Jones before the Joint Convention of the two Houses, be printed in pamphlet form, one thousand copies for the use of the Senate, fifteen hundred copies for the use of the Assembly. No. X. — Senate Concurrent Resolution. Hall and Murphy granted leare of absence. [Passed January 28, 1873.] Resolved, by the Senate, the Assembly concurring, That W. H. Hall, County Treasurer of Esmeralda County, and M.. A. Murphy, District Attorney of said county, be, and are hereby, each granted leave of absence from said county, for the period of six months, at any time they may select during their term of office; provided, each shall leave a competent deputy to act in his stead during such absence. SIXTH SESSION. 231 No. XI. — Memorial and Joint Besolution relative to extending the Government surveys over the publio lands in the State of Nevada. [Passed January 31, 1873.] To the honorable the Senate and Souse of Representatives in Con- gress assembled: Your memorialist, the Legislature of the State of Nevada, Relative to respectfully represent to your honorable bodies, that, in point Govern"* of area, Nevada is» the third State in the Union; that the Gov- ™5°* ernment survey has been extended over only a very small portion of the public lands of the State; and that there are within said State large bodies of desirable agricultural and graz- ing lands not yet surveyed; and that a large number of inhab- itants have settled upon said unsurveyed lands for the purpose of making homes thereon, and that said inhabitants are anxious to secure title to the lands upon which they have so settled; therefore, be it Resolved, by the Senate and Assembly of th^ State of Nevada, That our Senators in Congress be instructed, and our Eepre- sentative in Congress requested, to use ail proper means to have at least one hundred thousand dollars appropriated for the purpose of extending the public surveys in the State of Nevada, during the year eighteen hundred and seventy-three. Resolved, That his Excellency the Governor be requested to transmit a copy of the foregoing to each of our Senators and Eepresentative in Congress. No. XII. — Senate Concurrent Resolution. [Passed February 3, 1873.] Resolved, by the Senate, the Assembly concurring. That P. B. P.B.MiUer Miller, County Clerk of Lincoln County, be granted leave of^J^e*vernor, requested to transmit a certified copy of the foregoing memo- S^S'"*'* rial to each of our Senators and Sepresentative in Congress. 238 RESOLUTIONS AND MSM0BIAL8« Relative to Central Pacific Railroad Company obtaining patents to lands. No. XXV. — Bdative to Central Pacific Bailroad Oompany obtain- ing patents to lands. [Passed March 8, 1878.] ' Whereas, By the fourth section of an Act of the Congress of the United States, approved July first, eighteen hundred and sixty-two, and the sixth section of an Act of the Congress of tne United States approved July second, eighteen hundred and sixty-four, it is provided that whenever the Central Pa- cific Bailroad Company shall have completed and equipped twenty consecutive miles of railroad and telegraph line, and it shall so appear to the President of the United States by the reports of Commissioners for that purpose appointed, patents shall issue conveying to said company the right and title to the lands granted in aid of the construction of said railroad and telegraph line; and, whereas, said railroad and telegraph line have long since been reported and certified complete throughout the entire line and route by the Com- missioners thereunto appointed; and, whereas, in consequence of restrictive and embarrassing orders issued by the honorable Secretary of Interior, said railroad company has neglected to apply for or receive patents for said lands, lying within the bounds of the State of Nevada, and has consequently been unable to return said lands for taxation, thereby depriv* ing the State of taxes on the same; and, whereas, a large portion of said land is valuable only for the timber growing upon it, and is being stripped by trespassers of the timber and rendered valueless to the State, the General Government, and said railroad company; and, whereas, it has been repre- sented that the railroad company has been refused patents for their lands by the* rulings of the honorable Secretary of the Interior; therefore, be it Resoiation. Besolved, by the Senate, the Assembly concurring, That our Senators be, and they are hereby, instructed, and our member of Congress be, and he is hereby, requested, to use all honorable endeavors to secure the passage of a law setting aside the orders of the honorable Secretary of the Interior, which pre- vent said railroad company from making application for patents for said lands, and requiring said railroad company to make application for patents for said lands, and also requiring the honorable Secretary of the Interior to issue patents for said lands at the earliest day practicable. Resolved, That each of our Senators and our member of Con- gress be, and they are hereby, requested to transmit, at an early day, to his Excellency the Governor, any information they may have relative to railroad lands in the State of Nevada. Governor Besolved, That his Excellency the Governor be, and he is oopie£"°^* hereby, requested to transmit copies of these resolutions to each of our Senators and our Eepresentative in Congress, to the Sec- retary of the Interior, and to the Commissioner of the General Land OfGice. SIXTH SESSION. 239 No. XXVI. — Concurrent Besolution relative to Mail Service between HenOiWashoe County^ Nevada, to Greenville, in Indian Valley, Plumas County, Califorma. [Passed March 6, 1878.] Whsbeas, There is a direct road from Beno, Washoe County, Mail Nevada, via Long Valley, Beckwourth Pass, Sierra Valley, between Clove and Genesee Valleys, to Greenville and Taylorsville, §J°2ju in Indian Valley, Plumas County, California, which can be an? and has been traversed by stages and wagons, at all times cIiSSraliL' during the past Winter, which road has been declared a post route, by Act of Congress of June, eighteen hundred and seventy-two; and, whereas, no mail contract has been let thereon, and no adequate service is contemplated, as indi- cated by the advertisements of Post Office Department for proposals; and, whereas, such routes will serve several thou- sands of people at either terminus with mail facilities, who during the Winter months are almost wholly deprived of them; and, whereas, such route is the only route to Indian Valley that is not closed or greatly impeded by deep snows from December to July; therefore, be it jResolved, by the Senate, the Assembly concurring. That our ResoiutioiL Senators in Congress be instructed and our Bepresentative be requested, to use all proper means, by Act of Congress or earnest efforts with the Post Office Department, to procure a tri-weekly mail during the Winter months, from Eeno, over the before-mentioned route, to Greenville, in Plumas County, California, at the earliest date practicable on which such con- tracts can be let. Resolved, That the Governor be requested to forward a copy Gorernor, of these resolutions to each of our Senators and to our Eepre- JSpJJ^*™** sentative in Congress. No. XXVII. — Senate Concurrent Besolution memorializing the Con- gress of the United States to grant to the Governors of the several States and Territories of the United States, the right to '* frank '^ certain books and pamphlets sent through the United States mail. [Passed March 6, 1873.] WhereaS, a liberal system of exchanges of the statute laws Franking and decisions of the Supreme Courts of the several States of SfJSonai the Union and Territories has been inaugurated, and is of to Con^-Ms untold advantage in building up and maintaining State libra- Gov^raors ries; and, whereas, such matter cannot be sent through the 2^|***^ United States mail unless the postage is prepaid; and, Territories, whereas, many of the States and Territories fail to send such matter through the mail for this reason, but instead transmit 240 RESOLUTIONS AND MBMOBIALS, SIXTH SESSION. the same by express, making the cost more than to bny the same; therefore B«8oiation. Besolvedj That onr Senators in Congress be instmcted and onr Eepresentative be requested, to use all their influence to procure the enactment of a law, authorizing and empowering the Governors of the several States and Territories to << frank " all statutes, decisions of the Supreme Courts, and other public Erinted documents intended for exchange, so that the same may ave transit through the United States mail f^ee of charge. REPORT OF THB STATE TREASURER OF THE STATE OF NEVADA, FOS THE SEVENTH AND EIGHTH FISCAL YEARS, 1871 AND 1872. JERRY SCHOOLING, TREASURER. 31 ANNUAL REPORT OF THE STATE TREASURER TO THE GOYERNOR OF THE STATE OF NEVADA, FOB THE YEAR 1871. \ CONTENTS. Exhibit A. Showing total receipts and disbursements for the fiscal year ending December 31st, 1871; also, balances on hand at the beginning and end of the year. Exhibit B. Showing the receipts in brief and amounts disbursed by different Funds during the year ending December 31st, 1871. Exhibit C. Showing the receipts in detail during the year. Exhibit D. Showing the disbursements in detail during the year. * _ Exhibit E. Showing the sales and purchases of currency during the year. Exhibit F. Showing the apportionment to the diiferent Funds. Exhibit 6. Showing the transactions of the diiferent Funds during the year. 246 CONTENTS. Exhibit H. Showing the balances on hand at the beginning and ending of the year, special deposits made by applicants for the purchase of State land^ and purchases completed during the year ending December 31st, 1871. Exhibit I. Showing balance of stamps on hand at the beginning and ending of the year; also, stamps in the nands of the County Treasurers, and stamps sold during the year. Exhibit J. Showing an estimate of assets and liabilities of the State, with net liabilities December 31st, 1871. REPORT OF STATE TREASURER. Treasury Department op the State op Nevada, | Carson, December Slst, 1871. J To His Excellency, L. E. Bradley, Governor of the State of Nevada: ' Sir: In conformity with the Constitution and the laws of the State, I herewith submit a statement of the condition of the Treasury, with the receipts and disbursements of the several Funds during the seventh fiscal year ending December thirty-first, eighteen hundred and seventy- one, and such other information as may be necessary for a full under- standing of the affairs of this Department. Eespectfully submitted. JEREY SCHOOLING, State Treasurer. 248 B£POBT OF THE EXHIBIT «A." COIN STATEMENT Dr. Balance on hand January 1st, 1871 Receipts for the year Received from sale of currency Balance on hand December 31st, 1871 $116,106 27 518,193 48 17,701 38 $652,001 13 $191,463 82 CURRENCY STATEMENT. Balance on hand January 1st, 1871..... Receipts for the year Currency purchased Balance on hand December 31st, 1871 $8,743 06 31,721 26 500 00 $40,964 32 $11,786 28 STATE TBEASUBSR. 249 EXHIBIT "A." COIN STATEMENT. Cr. Disbursements for the year Add amount paid for currency Balance on hand December 31st, 1871 $460,087 31 450 00 191,463 82 $652,001 18 CUEEENCY STATEMENT. Disbursements for the year Add currency sold...... Balance on hand December 3l8t, 1871 $9,520 00 19,658 04 11,786 28 $40,964 32 32 250 REPORT OF THE EXHIBIT «B." Dr. GENERAL EEVBNUB, COIN. To warrants paid from General Fund To expressage paid on State monejB from General Fand... To^ war rants paid from State Prison Fund To warrants paid from State Orphan Home Fund To warrants paid from Supreme Court Eeport Fund To warrants paid from Virginia Orphan Asylum Fund To warrants paid from State Library Fund To warrants paid from General School Fund To warrants paid from State Interest and Sinking Fund, 1867 To warrants paid from State School Fund .' To warrants paid from State Capitol Fund To warrants paid from the Judicial Salary Fund To warrants paid from Soldiers' Fund To warrants paid from State Interest and Sinking Fund, 1871 ,... To warrants paid from State Legislative Fund To warrants paid from Senate Contingent Fund,.* To warrants paid from Assembly Contingent Fund To warrants paid from Indigent Insane Fund , To amount paid for currency To balance on band December 81st, 1871 <^ 102,259 87 481 68 58,532 91 12,464 38 3,700 00 2,500 00 1,712 75 17,823 70 75,000 00 8,385 10 64,223 24 21,000 00 169 49 7,975 00 62,325 90 4,766 88 6,137 42 10,628 99 450 00 191,463 82 8652,001 13 GENERAL EEVENXJE, CUEEENCY. To warrants paid from the General Fund , To warrants paid from the State School Fund... To defalcation of E. Ehoades, on special deposit To sales of currency during the year To discount on mutilated currency To balance on hand December 31st, 1871 93 00 400 00 9,065 00 19,658 04 52 00 11,786 28 STATE TREASURER. 251 EXHIBIT «B." GENBBAIi EBYENUB, COIN. Cr. By balance on hand January 1st, 1871.. By interest on bonds belonging to the State School Fund.. By sale of State bonds issued April 1st, 1871 By receipts from County Treasurers on June and Decem- ber settlements By net receipts from sale of State stamps By fees of office from Secretary of State By fees of office from Clerk of Supreme Court By receipts from State Prison By one per cent on special.deposits By receipts from toll roads By receipts from sales of attorneys* licenses By receipts from delinquent stamp tax... , By receipts from sales of currency... , By balance on hand Pecember 31st, 1871. $116,106 27 8,700 00 160,000 00 320,449 49 24,269 02 2,540 30 420 00 702 65 54 07 372 95 675 00 10 00 17,701 38 $652,001 13 $191,463 82 GENBEAL EBVBJSTTJB, ClTREBNCY. ' ■ " — « ' - . -■ By balance on hand January 1st, 1871 By receipts from County Treasurers By collections from General Government By receipts from State Prison By one per cent on land sales and special deposits By sales of State lands ,.., *..,......, By currency purchased .,.. By balance on hand December 31st, 1871.. .« $8,743 06 160 35 3,313 65 176 25 609 80 27,461 31 500 00 $11,786 28 254 BBBOeX OF THB w i o CO r-r 9,865 o 00 ;d O CO o ■ O O Oi tH O o o O) CO ^ CO o o QQ CQ 5 00 ^^ > O •CO OQ O "Fh OQ ^ ® S U U ?i 03 ^ W Cm Cm*=m o o o M ^t ^4 73 "^ oS flS oS •'^ •'^ ^ p^ ^ C> (» o3 oS oS c3 e| QQQQQQMM Is OQ O = >^ , © O a s2^o <=> t? ^Cm -S § ® O CO-2 a> 9 ;;j SQ O o5fl.2^ M ^— t Cm C4H © o8 O 0-3 -g ^^ It* g n3 © cS 4^ QQ Cm O © OB 01 © Cm O 03 I STATE TRSAStTRXB. 255 o CO o CO CO CO 00 o 00 o o OS CO 00 CO 00 o lO CO CO ift»«l>t>C000OO^00'^ rHCQCOOiTHOOCOTHCOOa T-»00C0»O0000»^©lOii-l»O tAU3C lA CO O 00 Oq CO w s O kO o o O rH o a o o QD Cm ja o \ «° I— 114 Cm 08 1« ^<© OQhH o i-H 2 a o o ® i-H Cm of d "^ 0QH4 o o •2 « OQ © Cm ^ o a >>^ oqEh 2 a g O "♦^ Cm O O o OQ a O QQ g a o «M PL| Cm O o q ^ s ^ if fl .M •M 9 30Q o ^ -(iS en fl o a> OQ q ^ •n q o o OQ <» 1 Cm 53 no OQh-i Cm O OS S3 q oqh3 §a q 73 a ^ O 03 tS). CwCm ^ O 43 o3 00 q o a U Ph P CQ Cm O OQ ft

•% m C<1 CO O O lOCD O O b. rH CO o »o i£d O^ Od •3,250 2,400 11,843 41,039 •1,548 7,687 3,227 p o O M IH n QQ H :^ GQ QQ I? ^5 O a Si o S 4^ o Cm P O OD P Cm .* '-^ P o OQ o S o w P P O 5 o § {J^Cm ? p ® ^ P4 « © O OQ CQ P X. 9 Cm Cm Q O O CD ^M b b ^ t> : o (M CO : o r-l (M : ^ b- 00 :o *« «« fe « T-J t> > to tH :t> to 00 CO 00 CO CO 00 00 o to tH CO "^ 00 rH tO o o o TH O O o o o o 1,035 2,100 5,250 »400 8,665 .2 S H fc^ .s 00 03 E c3 ^ :'=5 o o • »-* o Q o CO 00 Cm O CO eS Cm o 33 9 c2 b M at 0$ Cm Cm o o ^ QQ OQ <3> 08 2 -^ S y '^S o Si QQ t* b ^ a> iL o 1 ►^ I -3 ^ o o QQ Cm O a o S c o <*^ o 00 (h Cm Sj C l>- CO O 00 nS Cm C o * QQ ® s -! O © at H^ Si 1^ o o 00 -r- o to a QQ g8 08 <£> OQ a 08 QQ <£> QQ QQ o 0S i^ >> :8 to 08 -^9 IP" OQ' ■M QQ O 'T3 o a> ,^ a 3 o • M O Ha O O -o G eg QQ 08 O Cm O a o 03 c^ •—I o8 Cm O U 03 c2 08 P^A 258 BKPORT OF THE .5 a o O M n M n o c a o SI CO CO QO 00 CM CO oq oq QQ CQ M ft Si o •IS CO to cq OS P O 43 o o o 03 OQ O ^3 OQ o <=» •Jli OQ P4 O cans O cS ; o .S a ae2 03 fl O S'3 '^ eg S2 00 (£> bO 'O P H-J 3 P GQ Cm O cS I— H 03 QQ 00 ^^ o a P o c3 'O 03 o c3 P4 03 43 M oo CQ 4«» 33 00 ©q- OQ ^^ txh o ff 5> p.S -P ^ p a 2 o § g o s O >^Cm «3 O 5 S >* OS C? S Q 00 02 QQ CO C232,275 16 $184,717 41 .14,156 29 STATE TREASURER. 287 EXHIBIT "i;* STATE STAMP ACCOUNT, COIN. Cr. By net proceeds from sale of stamps for the year By commissions and percentage allowed to County Treas- urers u By commissions allowed to purchasers from State Treas- urer By expressage on moneys from County Treasurers By stamps destroyed by fire at Virginia City, Storey County By stamps destroyed by fire at Pioche City, Lincoln County .^ By canceled, received in exchange from C. P. E. R. Co By stamps on hand December 31st, 1871 By stanaps with County Treasurers December 3l8t, 1871... «24,269 02 3,276 61 202 40 109 83 3,839 00 1,234 60 470 00 184,717 41 14,156 29 $232,275 16 288 REPORT OF THE 00 CO CO S « « « »< •*l» ^ H 2f J2^ § W ■^ a ^ ^ ^ H < •e»» H OQ S lO o Ifl » 1 • CO c W *v *v 'O CO I-" tH a t. CO tH 1 00 ©5 CO «» «» «» :^ 00 • 00 01 ^ : 00 CO B O ' r-4 00 fc ; «» t* •« :3 r-4 O ; • , o o ^ ©1 o o o o> 00 o • a o o ^ 00 o O O tH CO . o o o o o ^ o CiP •■^ Mt ffi^ 9K m^ O O 00 1-1 00 OCO T-l Oi lO i£3 i-< N «» «» • < : WJ ; • a < ' "F^ : bo : : c : . o ' * **"4 : « ; '.o ; ! . ; CO : 4 :oo : OD ; »-H 1 •« i ' OD ' © >^"S : ji ' ^ a r:J : o ! CO S 00 ; t : •S £ © : «8 : • 4 :'^ i lii : ^ ; 2 5® : QQ > OQ « ••«.> © © 1 i : © : . s3 . ' 4 th 1 < 1 ■ ^ OOb- 5 OOO fl ■£ f-H 00 QQ tH O '2 T-H r-4 •»-» •» o rr eo s^ O CO *^ .» ^ rj Cm '^ © CO "5 fi ^ 08 p^-g ember bonds ool Fu Decem S'*<5'S — — ^ ^ ^ c ^ M © © g s s ^ OD OB OD © © © CO P-gCQ S 00 00 4^ hand ht St State btedn OD OQ OS CI fl 52 o o g C2 ^© * © © © 1^5 '-g ^^-s IX tec t or !g 1^ i 1 ANNUAL REPORT OF THE STATE TREASURER TO THE GOVERNOR OF THE STATE OF NEVADA, FOB THE YEAR 1872. 37 CONTENTS. Exhibit A. Showing balance on hand DecJfember thirty-first, eighteen hundred and seventy-one, and apportionment of the same. Exhibit B. Showing the amount of outstanding warrants December thirty-first, eighteen hundred and seventy-one, and the Funds upon which the same were drawn. ^ Exhibit C, Showing the bonded debt of the State December thirty-first, eighteen hundred ancf seventy-one. Exhibit D. Showing liabilities, assets, and net indebtedness December thirty-first, eighteen hundred and seventy-one. Exhibit E. Showing balance on hand January first, eighteen hundred and seventy- two; receipts and disbursements for the year; balance December thirty- first, eighteen hundred and seventy-two, and apportionment of the same. Exhibit F. Showing full transaction in the general revenue account for the year, and balances January first and December thirty-first. Exhibit G. Showing warrants outstanding January first, eighteen hundred and seventy-two; warrants drawn, registered, paid, and returned during the year, and balance outstanding December thirty-first. 292 contents. Exhibit H. Showing receipts for the year. Exhibit I. Showing disbursements for the year. Exhibit J. Showing sales of currency for the year, coin realized, and discount on same. Exhibit E. Showing list of State bonds purchased and held as securities for tho State School Fund. ' Exhibit L. Showing list of State bonds outstanding December thirty-first, eighteen hundred and seventy-two. Exhibit M. Showing the transactions in the different Funds during the year, and balances at the beginning and the close of the year. Exhibit N. Showing liabilities, assets, and net indebtedness December thirty-first, eighteen hundred and seventy -two. • Exhibit O. Showing the transactions in the special deposit account for the year. Exhibit P. Showing the transactions in the State stamp account for the year. 4 Exhibit Q. Showing the manner in which the appropriations for this office have been expended. REPORT OF STATE TREASURER. Treasury Department op the State op Nevada, ) Carson, December Slst, 1872. J To His Excellency, L. R. Bradley, Governor of the State of Nevada: Sir: In obedience with the requirements of law, I have the honor to herewith submit my annual report of the receipts and disbursements, with such other information as may be necessary for a full and com- plete understanding of the transactions of this department, for the fiscal year ending December thirty-first, eighteen hundred and seventy-two. Eespectfully submitted, JERRY SCHOOLING, State Treasurer. 294 BEPOBT OF THE 2 00 (M CO 00 tr- od : lA , : M : o 1 *^ ; th : CO ' ; (N 176 25 609 80 00 cq CO 00 a o O 00 CO CO ^^ si o o I Si cs Oi CO (M - CO CO »o t* o CO l-H O Tt< b- CO rH t- O ''^ CO »« CO '"t 00 «S 0^ »% «s •% o »r5 Tf o o C- <^ -r^ 1-4 O « 00 CO ^ ^ St 00 a O a o OQ GQ OS -♦^ OQ rH CO a o P P 03 O 03 QQ 03 Q o o ooooooooooo 03 ^ 03 03 73 P73 ^ p P^ p >.^ -M -♦^3 03 03 QQCQ C<1 00 CO CO ^^ rH T-H P P Ph T3 p 03 CQ OQ OS -♦^3 o STATE TREASURER. 295 2 CO «0 o yi ^^ t- 03 00 1—1 to .^ •-o t>o «>> 00 o ;a a> c8 03 u u <0 > C > G > 1 ns c > a R C: > r^ C > C: > cq 00 c: > CQ ) CO 3^ 1 CO <1 €» «» • • ^ 1 • • • 1 OQ QQ 1 4 rH tH •4J U ^ 4J » • 2 oc ! s ^ pO rH ; s s ^ \ • rH © © 2 1 «M -4J ^t-) ^ ; &* P4 C < •w © a> ^ ' >i C C ^3 ; p. 03 c3 C ■ QQ QQ ^ < r*< 1-^ OD ; s ,£3 J5 '^ , ft 9 9 r:^ 1 u : • 3 S3 S fl C C • c fl C 1 CO 03 C3 03 [ ^ ;h ^ 1 ■^ © C ) < Pi ^ ^ "^ «M -»J ,»j 4^ » c c s= s © c; » © © c > « © © a P. Ph C 1— » rH 1— 1 > » 1 ^ ' . <© . : © ^H +^ ' PMH« 3 : :,^ 08 : : ^ . > • 03 ; '> ^ t^ : ; ^ ; » : gcQ : s < 1 © : :«>&.: ; 53 : > © ; © ; » "^ ; : 'o : 1 1 © ; © ; : © : » 4 ^ : > h OQ ; U ; » ' , CO 1 © : ■ en 'E-" \ k J2h 00 • 06 S : 00 ; . th * 1 1 n ^";S^-S ; : < H H < c3 a ''- © ' < : ; • \ ! 1 ; > < P 73 »>T5 *.T* ' :T3vi / ; ^ > S 00 00 <-C> ^ n5 oC PS 1 ^ Si-. 00 I-" T3 .S ex 1 ; |Z5 00 -*£ 00 "J? 3 ® . ja o^"o 2_- 1 ; \ \ © 03 © 08 -^ © p . H ■SS-SScB-S-^ 4id ^iS .M OQ OQ OQ 1 STATE TBEASUBER. 297 H H OfQ 00 CO CO «0 si to CO CO CO CO 555 Si o • »o • o lO • : (M ', t— « 1—1 w^ s : 00 ; o 00 o ; o ; '^ 9S • *» •» C 1 '' CO . rH 1— 1 5 ; t>- : CO 1— ( . oo . (M CO : ^ e» > »-H 00 : • : ^ c i ft ►J • CO ; e State Scho mber 31st, 18 ( H < Lidbi St, 1867, r t, 1871, re Decembe 00 oc reh 1 ril Is ading CO ^ o S C 00 OD CC OQ 5 g -cJ ») idD belc ebte QD 00 4^ 00 OD o3 g 00 T3 TU -o ^ 2 T3 fl c c b o o g pC rt ih on te bo Net o o o -»J -M -fa c3 o8 sS ^ 68 -^a .M <(J 08 ^ QC ICC IOC \ c >oc \ 1 38 298 BEPOBT OF THE o o I t* 11 C n> cq r- 1 T*^,- 1 N , > (M 1 O lO >> 00 ^ 1 Oi . 05 Tji IG ) O 00 c 00 cc > . kO QC ) CO < - !> iG rt o : O Tjl CC > OO i-« tl «<> 4 P* •* Fk *« •* »% * rs «»r-r st rH OC I o a ) y-^ - T-l !> CC 3 rH 05 » T-i o; > '-• : *-^ e& II o t» ^ : «» (M o: » 1-H ■ ^ OC I Oi O 05 1 Od o 00 cc 1 Tj< o: ift . C Tf o: ta 1 ^ cq o VN 4 r« w\ t *^ P% •% 4 rs ■ ■» 1 «^ ^ Tf ta ' »n CO 1 Til !> CO ; 00 o: c oi : oi a > 00 Tf CO ' CO T-i C T-H . i-H (M O (M i i-H «^r-: 1 r-l ; 1 tfH T-l T-H - «& 1 t» €» ; ^ «» 1 9 !>• , 00 . tH QD . T-H < CO ' »^ © ; '^ : a i <© . o ; a> • A : J •• CO : ^ o : A4 : © ; \ "£> ^ : S : ! CO : ^ '' 'ts S i : si € i : .S C3 ; : 1:: 00 • ^^ 1 *^ ^ < ; 03 1 ; : a, M* •* 1 ^ > : 3^ : > "> : ^ P^ : 1 c ) 03 ; ; ^ > «> c• : 00 : : ^ § i 1 1 CX ; 1 ^ 1 IN ^«^ 73 t «♦- OC 1 4i3 1-H ^2S ! 1 > 2 1 M :T3 alance January C 1 g 1 a ; ■= 1 1 ? 1 1 E c 1 4 ; 1 1 2 i. ! 1 1 .2 ; ^ 0) i 1 1 1 c c ; d : 1 © EGQ 1 O 1 t2 i a: > a: > g9 t O JS 1 p: I&- 1 P I pi 1 P I ffi 1 C iC» STATE TREASURER. 299 ' o !>• l> -COt-iflOiOOC » : oi T-i»o(MC0'^cocqc ) , '^ T-i(Mi>-^^nojo»fl ) , o c 03 a 03 r< © T^ OS OS 53 -^2 O OQ o 300 BEPORT OF THE [F] STATEMENT Showing the disbursements from the different Funds, total receipts, and balance on hand at the beginning and close of the year. GENERAL KE VENUE— COIN. Dr. To warrants paid from General Fund To warrants paid from State School Fund To warrants paid from General School Fund To warrants paid from State Interest and Sinkincj Fund 1867 .^. To warrants paid from State Interest and Sinking Fund 1871-2 To warrants paid from Territorial Interest and Sinking Fund, 1872 To warrants paid from State Library Fund To warrants paid from State Prison Fund To warrants paid from State Orphan Home Fund To warrants paid from Nevada Orphan Asylum Fund ... To warrants paid from Indigent Insane Fund To warrants paid from State Capitol Fund To warrants paid from Judicial Salary Fund To warrants paid from Soldiers' Fund To balance on hand December 31st, 1872 Total $153,228 73 108,117 28 22,613 74 537,425 00 19,796 00 18,238 10 2,672 00 88,533 19 19,691 02 5,250 00 19,149 93 37,303 18 15,750 00 161 33 236,555 49 STATE TREASURER. 301 STATEMENT [F] Showing the disbursements from the different Funds, total receipts, and balance on hand at the beginning and close of the year. GENEEAL EEVENUE— COIN. Cr. By balance on hand January 1st, 1872 By redemption of State bonds belonging to State School Fund By interest on State bonds belonging to State School Fund By receipts from County Treasurers on June and De- cember settlements *. By sale of insurance license By sale of attorneys' licenses By sale of Nevada State bonds, 1872 issue By Supreme Court docket tax.../. By fees in office of Secretary of State By delinquent stamp tax , By receipts from Devil's Gate Toll Koad...'. By receipts from State Prison labor By receipts from sale of stamps By receipts from sale of currency Total '. By balance on hand December 31st, 1872 1? «191,463 82 58,000 00 7,770 00 420,867 74 35 00 475 00 500,000 00 240 00 1,913 40 2,342 54 399 14 3,162 83 9,288 74 88,526 78 $1,284,484 99 $236,555 49 302 REPORT OF THE < 00 § St o 60 •to O CX) (M CO QO O 91 O CO O CO lO 00 00 •s o o 00 (M -^ o CO ' O ! (M CO CO 0» 00 4^ a > ^ o eg 9 C3 O o >^ : : > IS o • 03 : fl : o : or: S ® d «iH SO So © Cm — 4^ ja O 00 a 03 os::: 00 (D 6d o -^ 00 03 rH QQCw O o ^ 00 ^ © © © OQ O o © 00 © a pi 03 2^ 03 '-^ Cm O 03 © © © c3 © pqcp S § « <^ CO '-' © WW Cm O 00 © 03 ©q 00 -4^ 00 T-l CO ^-1 /^ ^"^ ^M ^^ 'r^ ^^ pv^ ^^ 08 00 S3 © : © , ; ^1 QO © ^ © ! : a : ^ © fl • ; © tf : P 00 © <4J : i © ' 03 tHC^ -^ •^ c > bfc. •^ ^ K^ cq FQ o o o o o o O O T*H O O C5 O "^ 1-H CO O Tt< l> O 1-H (M O T*H lO lO 00 ©1 00 '«!*< CO O) 00 CO n3 c © © I— ^ o o o OQ © 03 ■4^ • © I'd C 03 c Hi © o "IS ® © ^ p4 o o o Op-; 'd "d 'd >!lj ^ o3 o3 Oh p4 & fl 00 00 00 .O .(^ ^^ ,tj ^ P P 03 03 03 03 © t- ^- t- c2 o3 e3 03 Tj^ ^ ^ ^-d O O O O P p o © 00 o3 • rH O C5 00 CO 1-1 05 OQ CO Oi '^ O CO O O O O C? i-H (M CO l> CO l>» O 1— • rH CO CO rH CO ^ ^ #« «« w^ (M |> 00 (M lO CO O Cq rH O rH lO CO 00 O CO cq Oi CO b- i-H rt< |> (M l> Oi 00 CO 1-H 1— I 00 T3 P o P 03 CD P P 03 Cm P "S O OQ CQ M CQ OQ OQ CQ 03 p 2^2 4i 4i •^ 03 03 P -H* -»^ tn O — 35 -5 O -1^ CQ 03 +3 O 05 [V, CQCQ^ ^~* r-H DQ 03 03 ?H So .2 ,"» PI o Ol-»CQ 00 t- 1— I ^ CO !>. P 00 00 C3 P P g P P ^-^ C fl P CQM ^ P P S o3 g3 a> tS -^ "p a> © o « -w"w- „ EXHIBIT H 39 306 REPORT OF THE H xn 00 «£. CO <^ In. St W a o P M H o p > M o p^ o o p^ •♦J P O O o o o o o o O O O) O O CO l-H Cq CO CO 00 00 b- a> 00 (M l> Tf 05 <3P CD p -4^ u o o 08 03 P O o o o o tA O C> 4i Ph 52 43 'rt s-^ O 20Q S p o o © . ^ .wco ©"';2 c3 PhO s ^ OQ O 43 OQ 4S0Q p Cn. P +3 ©op p ;p p ^3 p p ® 2 S •+^ 43 3 cS o to OQ M O O M 0^ (O ^ ^ p p. ^^43 BS £ o +^ .- 03 4^ 03 O 03 o O S 03 QQ a 03 43 P o o p p O o •OQ^' S p S p P^ "o o -p O P o PQOQ 43 03 -r3 03 4^ P P O & o 03 43 OQ © -r3 P P o PQ. 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P"*^ fi>*^ qjqjQQQjQQj gj <3j (p gj (q ^ p:::^pQfipft p p p p p p p P 03 03 +3 43 o3 03 •*f '•^ OQOQ C«H C«H 03 03 -M 43 M P P 05 O O P- P P goo 08 43 43 "*^ p p « © 5 p s a 03 o3 O^ Ci, ^ P 43 43 li 00 OD Jlf '^ •!-< Pfc&i X M >< OS 03 03 -t-* <«3 <«3 PwPh P4 E a a 03 08 03 -M +3 ^ 00 00 00 -M -M 4^ P p P c? to : : bG 33 . : <33 •s ' PS ^■M ! r— 4 <3? : H 6 o O • ;i 03 43 CQ m <«3 PW P CQ Q P P • p p P 00 a 08 T3 • Ph P • •-4 .08 O •+^ P P O a p^ p Hs kO P Hi !>. |> !>. |> O Oi (N (M C ►»►»►»►» Jb-b^i>^^ 'p 'p "p 'p 'p 'p 'p '3 3 "3 'p ^ 'p '3 'pp'p p '5 r^ "^ "^ "^ H^ "^ r^i f^^ "^ r^i f^ "^ "^ "^ "^ "^i "^ ^^ "^ >>►*>> ►*►* 310 REPORT OP THE o a O CO W H O OQ H M o w 2 3 o < w o p M o o ft Id 00 CO 00 to CO : o ; :^ : CO CO 00 o o o o o o CO o o o o o o o 00 l> t- CO 00 Oi © o o;> (M 00 00 CO 1-H CO CO »o»oocoi>o»ooooooo (McocooiTtiot-OTtirjirjioo |> lO O (M CO (N Tf* t» CO (N ©q i OS '-' c8 ■^ ®':^ cj ^ c -•J -^ QQ QQ CQ fl S c O S © CS ^ :3 03 CO M X* M « M >< M' >< M M M "S : P 33 P 00 p C^ Pu P< S 2 S 03 ^ ^ -t^ <(-3 -t^ OQ 00 OQ -M -»-3 -1-3 C P P © © © p p p qh cr" cr" s p p Pi P4 fi^ a a s (^ 03 ^ -*j -u -♦-J 00 OQ OQ -l-» -f.» H^ P P P © © © 5 S P CT* CT" O^ C P P P4 PU| P^ a s a c3 o3 ^ ,jj +j -fj 00 CO 00 +J 'U +3 p p p © © © s p d o^ cr" o^ p p c a a «> 03 ^ Cm 00 DO ^ -♦3 p 4^ -i-S p p ^ © o 5 ^ ^ 9. .5.5 S ©i::©©©©©©©©©©© 4}p -d P P o ^ -►^ p P © © © g '-• £ o;> o o CO o © : P © OQ ^c2 P P © © c3 c3 ■♦J -tJ GQCQ o o a '^ J •+^ P T5 c c3 P © © s c3 -t^ -M CZ2 4^ © 00 «^ °° © 00 ^ © © 03 •+3+3 4-3 © O © c8 03 ^ ;^ 4J 4-3 P P O O o o 03 U 4-3 P o © © C3 P P P o o o .1.3 -1.3 .O a p c © © © a a a c3 o3 c3 Ph P^ pi ^3 P © 4.3 03 4-> CO a 4-3 O 03 4^ P a o p © o 00 c -^ © o t»^ © P4 c3 P C . •. 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IHI 1 m s = , p « o S 44 EXHIBIT "I." 318 REPORT OF THE (M l>- 00 ^H t^ « <» S9i <» H ;2i ^ H -e. g «o m S5 < c d 00 o ® 3 J2 ® >r o o -2 00 on "^ ^ ^ 5m o o o -»d -4^ -4^ G a G ?3 !3 !3 O O O O o V O O O oS A rt fl a fl ooo o o o o CO ^-« 00 ^ !>• »0 O O »-H 00 *-• O O CO 00 C<1 -^ O t» »-H C<1 «^ VN VN #« «S ift O T— • CO T— t O O O (M O O »0 '-H O O O -♦a +3 4a ^j +3 d s c a a !3 !3 rj ja !3 O O O O O O O O O O o o <:^ o o o3 ^ c3 o3 c( a a a a a OOOOO •+3 ^ O . o cl>^ : 00 ^ o « O O o3 >< OP o © O O r^ t^ ^ C3 X fl OD 00 O .S C4H Cm <;m Cm o o o o .»i +3 43 ^ fl c c a 9 :s d ooo V o u o o c> o3 ^ oS o o 03 G G a Q oooo* STATE TRSASUBER. 319 CO (M CO CO 00 CO o o CO CD CO o CO CO 00 00 ot>©qcococooooo 00 oooi-i(Mcqoooo O O !>. 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OQ OQ 00 a o jp o to a g 03 >^ p 03 -d 00 OQ 33 o -d © a OQ -d 'd 53 OQ P '^ a> oo ..^ ^^ .2 O ^"^ O .s ^ © © _o © g «0Q « « 08 0.3 -^ 08 2 bOfl bp .S O.S ^ u h 03 O 03 O^-O Oi OS c«pq mO « 2 s O o3 C on OB © rH © ,^ .2Ppq o (a oc S 03 c o O 03 OOP 00 JS CO CO STATE TREASUBER. 375 o o o o to o O CO GO o -o a ^- |s ^ 08 pci 03 O C3 bS3> O P o o CO o m O fl .i-H 5j t- ® * a rt ;u 5 o SI'S T3 ;3 O O Q }> aa •*•» r* op;M 45M M n ^ • ^ &4 (4 ^4 CtH C»H ^ S-( O © Q> O O C3 O O CCa jrj prt 5|d CP CP «t3 ^ o o o o Cm c ««p^p^ JO 00 CO 2 03 P P 03 q> P d bO"^ bO c3 o ^ o ® o 00 2 eo A ^^ +^00+2 P >.P B-^ a o 2 o to ^ ^ e » 03 ^ p, 03 ^ J3 oooo CO © o . o3 03 o3 BKPOBT 07 THE tH m O EH W fc W H B fc : a s \66 &^ U " O H B " go.s§^§^ggo Istimilg ; ■ c g g !- EH K EH Ol H fH H m ^ Q 5 "-S §2 S2 oS g. >. ^ ^ p bo to bD+j P^ d S3 H a ►? ■"! ■«! -sj O |2i ft STATE TBEAdURER. 377 fcOCo o o g o 3-^ o <^ o ® p4cS jg :5 ^ CJ jg cS u 'O bo<=> bo^ boo bo-5 u, bo o ^ o -g T3 -2 ^ -5 S^ .. ^S Ps W EH PiH H O H fi4 H S © o 00 o o 00 p 03 S o O OS bo © © fl o a P a © 00 © a a. S o O a, ;« bO © © © O o. +3 ^ S3 a o O e3 bO © '©, © bOrsS B oO >^ S3 a, a o O 04 S3 bO © *© o HO 00 O o s o op o © © o © 00 o 03 00 © .© iX! ^ ^ M^ ,a JS _rm 00 00 00 to To ® «o CO ;g CO CO CO bo bo^ ^ >• c5 6 © © pspooo©©©© 48 378 REPORT OF THE STATE TREASURER. M. L. Yager, being doly sworn, deposes and says that he is and has been Clerk of the State Treasurer for the two years last past, and that the foregoing is a true and correct statement of the manner in which the above appropriations, made for said office for the fiscal years eigh- teen hundred and seventy-one and eighteen hundred and seventy-two, were expended. (Signed,) M. L. YAGER. Subscribed and sworn to before me, this tenth day of January, eighteen hundred and seventy-three. oEAIj < SEAL I (Signed,) CHARLES MARTIN, Notary Public, Ormsby County, Nevada. GENERAL INDEX. INDEX. A ACKNOWLEDGMENTS— By married women, requirements of, 196. ADJUTANT GENERAL— I Lieutenant Governor to be ex officio, 197. Act, when to take effect, 197. AGBNT&- To BEFBESENT THE StATE BEFORE DePABTMENTS AT WaSHINQTOK, D. C— To be appointed, 114. Compensation of, 114. ALLEN, LEMUEL— Leave of absence granted to, 227. ANCIENT ORDER OF HIBERNIANS— Act to incorporate the, 91-92. Lodges of, to be deemed bodies corporate, 91. Corporate powers of Lodges of, 91-92. Corporate powers vested in Board of Trustees, 92, Terms of office of Trustees, and vacancies in, how filled, 92. Certificate of election of Trustees, 92. Disincorporation of Lodge of, distribution of property upon, 92. Reports by Board of Trustees, 92. APPEALS— Pbom Justices' Coubts— See Civil Pbactice. appropriations— For Legislative Fund, 45. For relief of Mrs. Carrie Pixley, 63. For relief of R. Webber and D. B. Collins, 103. For relief of John B. Helm, 110. For relief of Francis S. Armistead, 110. For relief of California institution for education of deaf, etc.. 111. To pay claim of Alexander Leport, 112. To pay claim of Calvin Swift, 112. For Contingent Funds of Legislature, 113, 137. 382 INDEX. APPKOPRIATION&- (Continued.) To pay State's Agents at WashingtoD, D. C, 114. ^ To pay deficiencies in the seventh and eighth fiscal years, 116-117. For relief of T. W. Triplett, 129. For relief of £. Perasich, 130. For support of civil Government of the State for the ninth and tenth fiscal years, 135, 136, 137. To pay certain claims for recapture of State convicts in 1871, 166, 166. For building State Prison, from State Building Fund, 168. For constructing fence, etc., at Orphans* Home, 169. For relief Imperial Silver Mining Company, 169. To pay Mrs. Amanda M. Parker, 176. To pay for enrolling done during sixth session of Legislature, 179. To pay certain claims on Legislative Fund out of General Fund, 181. • For salary of Lieutenant Governor, 186. For publication of eighth and ninth volumes of Nevada Keports, 192. To pay for compilation of the laws of Nevada, 222. ARMISTEAD, FRANCIS S.— Act for relief of, 110. ATTORNEYS AND COUNSELORS AT LAW— Amendatory Act in relation to, 114. License and oath, 114. Exempt from service on jury, 128, ATTORNEY GENERAL- Salary of, 62. Claim of, against State, how audited and allowed, 62. Act to take effect, when, 62. To discontinue action against the sureties of late Eben Rhoades, 99. Action to recover orphan escaping from State Orphan Home, 106. Constituted President Board of Library Directors, 111. Salary as President Board of Directors State Library, 111. Action for forfeiture of lottery property, 187. Action contesting election of State ofiScer, to prosecute, 208. With Secretary of State and Clerk of Supreme Court, to purchase compilation of laws, 222. B BIDLEMAN, H. J.— Leave of absence granted to, 230. BLOSSOM, NOAH- Leave of absence granted to, 227. BOARD OF EXAMINERS— To allow accounts against Orphans' Homcj 104. To allow salary of State Agent at Washington, 114. To audit accounts for services in selection and sale of State lands, 125. To allow expenses of Board of Regents, 167. To allow claims under Act for erection of State Prison, 168. To audit expenditures of Secretary of State, 178. To approve accounts for enrolling, 179. INDEX. 383 BOABD OF REGENTS— To appoint agent at department at Washington , D. C, 114. To fix compensation of State Agent at Washington, 114. To appoint teacher in State University, 166. To draw order on Controller for salary of teacher, 167. To control and manage State University, 167. Expenses of, to be allowed by State Board of Examiners, 167. To direct Treasurer to invest Irreducible University Fund, 167. BOARD OF DIRECTORS OF STATE LIBRARY— Attorney General made President of, 111. Salary of President of, 111. Act to continue in force, when. 111. BOARD OF STATE PRISON COMMISSIONERS— Authorized to purchase lands and build State Prison, 168. Authorized to use prison labor in building prison, 168. Duties and powers in government of State Prison, 181~186. BONDS, STATE— See State Loan. BONNIFIELD AND HEALY— Act to purchase compilation of laws of Nevada from, 222. BORAX AND SODA LANDS— Act for location and taxation of, 187, 188. Limitation of taxation of, 187. Net proceeds, taxation of, 188. Assessment^and collection of tax, laws made applicable to, 188. Controller of State to prepare and furnish blanks, 188. BRANDS— See Marks and Brands. CALIFORNIA INSTITUTION FOR EDUCATION OF THE DEAF, ETC.— Act for relief of. 111. CHURCHILL COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Judge of Fifth Judiciq^ District, proportion of salary of, 102. Fifth Judicial District, to form part of, when, 145. Auditor of, salary of, 171. CIVIL PRACTICE— Act amendatory of, in relation to action for possession of mining claim where patent is applied for, 50. Copies of certain mining instruments made evidence, 63. Act amendatory of, in relation to notice of sale upon execution, 75. Posting and publication of notice of sale, 75. Act amendatory of, in relation to appeals from Justices* Courts, 101. Costs upon appeal from Justices' Courts, 101. CLERK OF SUPREME COURT— With Attorney General and Secretary of State to buy compilation of laws, 222. 384 INDEX. COLLINS, D. B.- Act for relief of, 103. COMPILATION OF LAWS OF NEVADA- Act to purchase, 222. Purchase of compilation of Bonnifield and Healy provided for, 222. Limitation of price, 222. Provisions of contract, 222. Payments, when to be made, 222. Controller to draw warrant, 222. Appropriation to purchase, 222. CONSTABLE— Amount and conditions of official bond of, 51. Exempt from service on juries, 128. Cruelty to animals, to make arrests under provisions of Act for prevention of, 141. CONSTITUTION OF THE STATE OF NEVADA— Absence from State— Of Governor, duties to devolve on Lieutenant Governor, 14. Of Gtovemor, on military business of State, to be Commander-in-Chief, 14. Of judicial officer, Legislature not to grant leave, 18. Of judicial officer, for more than ninety days, to vacate office, 18. Action— For libel, truth may be given in evidence, 5. But one form of civil, 18. Law and equity to be administered in same, 18. Amendments— To Constitution, how made, 26. To law, how made, 9. Apportionment — Of school moneys to counties, 22. Of Senators and Assemblymen, 28. Appropriations— For standing army, for not more than two years, 5. % No money to be drawn from State Treasury except in consequence of, 10. Arrest, Civil— Elector exempt from, when, 7. Members of Legislature exempt from, when, 9. Assembly, Members of— When and how chosen, 8. Term of office of, 8. Qualifications of, 8. Assembly — Sole power of impeachment, 19. Majority of all members elected to, necessary to impeachment, 19. Attainder— Bill of, prohibited, 6. Attorney General- How chosen, term and eligibility, 14, 25. Member Board State Prison Commissioners, 15. Member Board of Examiners, 15. Duties of, 15. INDEX. 385 CONSTITUTION STATE OF NEVADA (Attorney Gikikal)— (OonHnued,) Salary during first term, 28. First term of office, 28. Bail— Excessive, not to be required, 5. Persons entitled to, 5. Persons not entitled to, 6. Ballot — All elections by people to be by, 7. Banks— Notes of, not to circulate as money, except, 20. Benstolknt Institutions — To be fostered and supported, 23. State may loan credit or subscribe to, 20. Board of Examinebs— Who to constitute, powers and duties, 15. Boundabt— Of the State of Nevada, 24. Addition to, how made, 24. Bbibbbt— Disqualification of persons convicted of, 9. Census— When and bow taken, 26. Cities and Towns— Provision to be made for incorporation of, 20. Taxation and debts of, restricted, 20. Not to subscribe or become stockholders, except, 20. To support own officers, 31. Clebk— Of Supreme Court to be provided for, 11. Of County, to be provided for, 11. Of County, to be ex officio Clerk of District Court, 11. Of Supreme Court, to keep office at Capital, 26. COMMISSIONEBS OF StATE PbISON— Who to constitute Board of, powers and duties, 15. CoMiassiONS— Form of. State officers and District Judges, 14, 31. Constitution— Of State, how amended and revised, 26. Debates and proceedings on, to be published, 31. Who entitled to vote on adoption of, 82. When and how submitted to the people, 33. Betum of votes on, how made, 33-34. When established, 33. Of United States adopted, 3. CONTBACTS— Obligation of, not to be impaired, 6. Existing under Territorial Government, not to be affected, 27. 49 386 INDEX. CONSTITUTION STATE OP NEVADA— (Oontinued.) OONTROLLKB OF StATK— How chosen, term of office, and eligibility, 14-25. Duties of, 15. To keep office at seat of government, 26. Salary of, during first term, 28. Elected for first term, when to qualify, 30. To give official bond, 31. COBPOBATIONB — ^ay be formed under general laws, 19. Special legislation in regard to, prohibited, 19. Property of, liable to taxation, 19. Property of certain, may be exempt from taxation, 19. Dues from, how secured, 20. May sue and be sued, 20. Bight of way for, when to be appropriated, 20. Liability of stockholders of, 20. Prohibited from circulating notes as money, 20. Municipal, powers of, to be restricted, 20. State not to be stockholder or loan credit, except, 20. Counties— Not to become stockholders or loan credit, except, 20. Provide for aged and infirm persons, 24. County Commissionkrs — Election of, to be provided for, and duties, 10. County Clerk, ex officio Clerks of, 11. County Debts— ^ Not to be assumed by State, exception, 21. County Governments — ^ System of, to be established, 10. County Ojticers— Election of, to be provided for, 11. To keep offices at county seat, 25. Under Territory continued in office, 29. Court Fee — To be provided for, 18. Courts — Of record and municipal, 18. Jurisdiction of municipal, not to conflict with Courts of record, 18. Credit of State — Not to be loaned, exception, 20. Crime— Bights of persons charged with, 5. Dis^^ualification of perions convicted of, 9. Existing prosecutions not affected, 27. Debtors— To enjoy necessary comforts of life, 6. Beasonable exemption of property to be secured, 6. Imprisonment of, forbidden, exception, 6. Dbbt — State— Limitation of, 20. INDEX. 387 CONSTITUTION STATE OF NEVADA (Dbbt— State)— (Continued.) Shall be specially authorizedf 20. Tax for payment of, to be levied, 21. Contracts in excess of limitation, to be void, 21. Territorial liabilities to become part of, 28. Defalcation— Of public funds, persons guilty of, to be disqualified from holding public office, 9. Laws to be passed for punishment of, 9. District Attorneys— Election of, to be provided for, 11. To keep office at county seat, 25. District Courts— Judges of, how elected, and term of office, 16. Original jurisdiction, 17. Appellate jurisdiction, 17. Powers of, 17. Times of holding, to be fixed by law, 17. To be held at county seat, exception, 17. Judges of, to receive compensation fixed by law, 18. Compensation of Judges of, not to be increased or diminished during term, 18. Judges of, liable to iifipeachment, 19. Judges of, may be removed by Legislature, 19. Salaries of Judges of, 30. Salaries of Judges of, how changed, 30. Judges of, first elected, how commissioned and when to qualify, 31. Vacancies in office of Judges of, how filled, 31. Cases in Probate Courts to be transferred to, 31. Education— To be encouraged by Legislature, 21. Common schools to be provided for, 21. Attendance upon public schools, laws to secure general, to be passed, 21. Proceeds of lands appropriated for purposes of, 22. Proceeds of escheated estates, fines, etc., appropriated for purposes of, 22. State University and normal schools to be provide4) 22. Board of Regents created and powers of, 23. Sectarianism in educational institutions prohibited, 23. Elections— "Who entitled to vote at, 6. Voter at, privileged from civil arrest, 7. Who not entitled to vote at, 6. Residence of voters at, in what cases not lost or gained, 7. By the people to be by ballot, 7.- By Legislature to be viva voce, 7. *• Laws to be passed regulating, 7. Bribery, etc., laws to be passed prohibiting, 9-11. Plurality vote at, to constitute choice, 26. Adoption of Constitution, manner of holding for, 38-34. Adoption of Constitution, returns of, 34-35. Electors— Qualifications of, 6-7. Who disqualified from being, 6. 388 INDEX. CONSTITUTION STATE OP NEVADA (Elkctoks)— (CkwKtwMed.) Privileged from arrest, 7. Begistration of, provision to b^ made for, 7. Embezzlement— To be punished as a felony, 9. Persons guilty of, disqualified from holding office, 9. Executive Depabtment— Supreme executive power vested in the Governor, 12. Ex Post Facto Law— Prohibited, 6. Pees- Not to be received by judicial officei's, except Justices of the Peace, 18. Court fee to be provided for, 18. Not to be received by certain officers to their own use, 28-30. Pines— Excessive, not to be imposed, 5. Militia, no imprisonment for, in time of peace, 6. Collected under penal laws, to go to School Fund, 22. Accruing to Territory, to inure to State, 27. PiscAL Year— When to commence, 20. Pobeignerb— Bights of property of, secured, 6. POBGERT— ]>isqualifications of persons convicted of, 11. Governor— To sign all laws, 12. Supreme executive power vested in, 12. How elected, and term of office, 12. Who eligible to office of, 13. Betums of elections for, how made, 13. Plurality of votes to elect, 13. In case of tie in election for, Legislature to elect, 18. f Shall be Commander-in-Chief, 13. f Shall transact all executive business with officers of the Government, 13. Hay require information in writing from officers of the Executive Depart- ment, 13. Shall see that the laws are faithfully executed, 13. Shall have power to fill vacancies in office, 13. May convene Legislature by proclamation, 13. Shall communicate with Legislature by message, 13. May adjourn Legislature in case of disagreement between the two Houses, 13. No person holding office under the United States to hold the office of, 13. Shall have power to suspend collection of fines, etc., 14. May suspend execution of sentence for treason, 14. May grant reprieves for a limited period, 14. Shall report to Legislature reprieves and pardons granted, 14. Shall constitute one of Board of Pardons, 14. Shall be keeper of the Great Seal, 14. Shall sign grants and commissions, 14. Lieutenant Governor to perform duties of, in certain contingency, 14. INDEX. 389 CONSTITUTION STATE OP NEVADA (Governor)— (Oontinued.) President pro tern, of Senate to act as, when, 14. Shall constitute one of Board of Examiners, 15. Shall constitute one of Board of State Prison Commissioners, 15. Liable to impeachment, 19. ^ To constitute one of first Board of Regents, 23. Power to call out militia, 23. To keep ofiEice at seat of government, 26. Salary, for first term of ofiice, 28. Grants — Forms of, 14. Habsas Corpus — Writ of, shall not be suspended, except in cases of rebellion or invasion, 5. Writ of, may be issued by Supreme and District Courts, and by Justices of such Courts, 16-17. HOMKSTSAD— Exempt fi-om forced sale, except for taxes, purchase money, improvements, and lien given by consent, 11. How alienated, 11. Provision to be made by law for recordation of, 11. Impeachment— Power of, 19. How tried, and who liable to, 19. Judgment on, 19. Party convicted on, liable to punishment according to law, 19. Imprisonment for Debt— Forbidden, except in certain cases, 6. Indictment— Persons not to be held to answer for capital or other infamous crimes, except on, 5. Prosecutions of, in what name and style conducted, 18. Intellectual Improvement — To be encouraged, 21. Jeopardy— Person not to be put in, twice for same offense, 5. Judges— Not to receive fees for own use, 18. Compensation of, not to be increased or diminished during term, 18. Salaries of, how paid, 18. Ineligible to other office during term for which elected, 18. Not to charge juries as to matter of fact, 18. Absence from State to vacate office of, when, 18. Of Territorial Courts, when superseded, 18. Liable to impeachment, 19. Hay be removed from office by Legislature, 19. Salaries of, 28-30. Salaries of, may be changed, 18-30. First elected under Constitution, when to qualify, 81. Judicial Decisions— Provision to be made for publication of, 25. Free for publication to any person, 25. 390 INDEX. CONSTITUTION STATE OF NEVADA— (CarUinued.) JUDICflAL DePABTMXNT— Power of, where vested, 16. Causes to be removed from Territorial Courts, 28. Jurisdiction— Person charged with powers pertaining to one department of the Government, inhibited from exercising those of another, 8. Of Supreme Court, 16. Of the District Courts, 17. Of Justices* Courts, 17. Of Municipal Courts, 18. . JlTRY— Bight of trial by, secured, 4. Trial by, may be waived in certain cases, 4. Three fourths of, may find verdict in civil cases, 4. Legislature may require unanimous verdict, 5. * Presentments by, in certain cases before prosecution, 5. Qualified electors only, to serve on, 10. . Crimes which disqualify from serving on, 11. Charges to, how tg.be. m^de, 18. Justices or the Peace— Numbers, powers, and duties of, to be fixed by law, 17. Jurisdiction of, restricted, 17. Criminal jurisdiction of, 17. Concurrent jurisdiction of, 17. Appeals from Courts of, to be fixed by law, 18» May receive fees for own use, 18. Laws— JSx post factOj forbidden, 6. Impairing obligations of contracts, forbidden, 6. Bill of attainder, forbidden, 6. Every law to embrace but one subject, 9. Not to be amended or revised by reference to title only, 9. May originate in either House of Legislature, 9. Local or special, forbidden in certain cases, 10, To be general and of uniform operation, 10. Enacting clause of, 10. Bill, no law enacted except by, 10. Must be approved by the Governor, 12. How passed over Governor's veto, 12. How bills become, without Governor's approval, 12. Provision to be made for speedy publication (^,25. Free to be published by any person, 25. • Territorial, to remain in force, 27. Lkgislatube— Basis of representation in, 6. Election by, viva voce, 7. Powers of, vested in Senate and Assembly, 8. Sessions to be held at seat of government, 8. Sessions of, when to commence, 8. I Members of, how and when chosen, 8. INDBX. 391 CONSTITUTION STATE OF NEVADA (LEGisLATimK)— (Continued.) Who eligible to, and terms of office, 8. Each House to choose its own officers, and judge of the qualifications of its members, 8. How members of, may be expelled, 8. May punish for contempt, 8. Member not to be appointed to office created during his term, 8. Who not eligible to, 9. Members privileged from civil arrest, 9. Vacancies in, how filled, 9. Quorum to do business, 9. Journal of proceedings to be kept and published, 9. Doors of each House to be kept open, exception, 9. Neither House shall adjourn without consent of the other, for more than three days, 9. Any bill may originate in either House, 9. Laws, what to embrace, and how amended, 9. Bills, how read, passed, and signed, 9-10. County and township governments to be established, 10. Election of County Commissioners to be provided for, 10. Compensation of officers and employ^ of, how drawn and paid, 11. Members to receive fixed compensation, 11. Duration of sessions, 11. T^ elect United States Senators, 12. Bills, when to become laws, 12. May be convened by proclamation by Governor, 13*. In case of disagreement of the two Houses, may be adjourned by the Gov- • emor, 13. Assembly to have sole power of impeachment, 19. Senate to try all impeachments, 19. To provide for annual tax, 20. Limitation of powers as to creation of debt, 20-21. Oath of office, 24. Number of members restricted, 25. Pay and apportionment of members, 28. Terms of members elected at first election, 29. Session of first Legislature, when to commence, 29. Limitation of powers as to taxation, 31. Libel— Evidence that may be given in prosecutions or actions for, 5. Lieutenant Governor— When and how elected, 14. Powers and duties of, 14. President of the Senate, 14. To act as Governor in certain contingencies, 14. Eligibility and term of office, 14. Elected for first term under Constitution, when to qualify, and term of office, 30. Lottery— Shall not be authorized, 10. Sale of tickets in, shall not be allowed, 10. 392 INDEX. CONSTITUTION STATB OF NEVADA— {CkmHnued.) Military — Trial of offense in, 5. To be subordinate to civil power, 5. Standing army not to be kept in time of peace, 5. Appropriation for standing army not to be for longer time than two years in time of war, 5. Soldiers not to be quartered in house without consent of owner, 6. m Governor to be Commander-in-Chief, 13. Organization of militia, 23. Governor may call out militia, when, 23. MONST — State Treasury, how drawn from, 10-11. Statements of receipts and expenditures of, to be published with laws, 10. Bank notes and paper, not to circulate as, exception, 20. HOBAL IlfPROYSlfENT— To be encouraged, 21. Oath oi OriiCE— Form of, 24, 25. Obdinakck— To form Constitution and State government, 8. Prohibits slavery, 3. Secures religious toleration, S. Disclaims right and title to public lands, 3. Exempts United States property from taxation, 4. Okdinanck— For submitting Constitution to v^te, for ratification or rejection, 32-36. Otwce— Who ineligible to, 8, 9, 25. Who disqualified by crime firom holding, 9. Of Governor, who eligible to, 13. Of Lieutenant Governor, who eligible to, 14. Of other State ofiKcers, who eligible to, 15. Justices Supreme Court and District Judges ineligible to other than judicial, 18. Tenure of, may be declared, 25. Ofpicbbs— Certain judicial, not to receive fees, 18. Who impeachable, 19. Liable to be punished according to law, whether convicted or not upon im- peachment, 19. Judicial, how removed from ofiKce, 19. Not herein provided for, how chosen, 25. Certain, not to receive perquisites, 28-30. Salaries of certain, 28. Territorial, continued, 29. State, terms of, 28, 30, 31. Of Lander County, special provisions concerning, 29. State and judicial first elected, when to qualify, 28. To be commissioned by the Governor, 31. Of counties, towns, etc., how supported, 31. INDEX. 393 CONSTITUTION STATE OF NEVADA— {OonHmied.) Offices— CouDty officers to hold, at county seat, 25. State officers, to be kept at seat of f^vernment by certain, 26. Paramount Allegiance-* Due to the Government of the United States, 4. Pardons— By whom granted, 14. Granted, to be reported to Lep^slature, 14. Perjury — Disqualifications of persons convicted of, 10, 11. Perpetuities — Not allowed, except for eleemosynary purposes, 25. Petition — Bight of, secured, 5. Poll Tax— Payment of, to be provided for, 7: Power— Political, inherent in the people, 4. Military, to be subordinate to civil, 5. Powers — Of Federal Gk>vernment declared, 4. Of State Gk>vernment distributed, 8. President of the Senate — Lieutenant Governor to be, ex officio, 14. Powers and duties of, 14. President of the Senate pro tern— To act as Grovernor, when, 14. Press— Liberty of, secured, 5. Property — Of United States exempted from taxation, 4. No person to be deprived of, except by due process of law, 5. Private, not to be taken for public use, without just compensation made or se- cured, exception, 5. Beasonable exemption of, from execution to be provided for, 6. Of foreigners to be protected, 6. Separate, of wife may be held by her, 11, Of corporations subject to taxation, 19. Assessment and taxation of, to be equal and uniform, 21. Of Territory to vest in State, 27. Prosecutions— Name and authority of, 18, Existing, not affected, 27. Pitnishment— Cruel or unusual, forbidden, 5. Beligion— Freedom of, secured, 3-5. Not to render witness incompetent, 5. Freedom of, not to excuse licentiousness, 5. 50 394 INDEX. CONSTITUTION STATE OP NEVADA— (Continued.) Eepbksentation— To be apportioned according to population, 6. Rebidekce — Of elector to be actual, and not constructive, 6. ^or purpose of voting, what not to affect, 7. Rights— Declaration of, 4, 5, 6. Enumeration of, not to impair others, 6. Existing, not to be affected, 27. Bpop County— To be attached to Washoe County for certain purposes, 31. Salabiks— Of judicial officers not to be increased or diminished, 13. Of judicial officers, how to be paid, 18. Certain, may be increased or diminished by Legislature, 25. Of State officers elected first term under the Constitution, 28. Pay of Senators and Assemblymen, 28. I Of Judges of District Courts, 30. I Of county officers, etc., paid by counties, 31. Schools— System of common, to be provided for, 21. Normal and other, may be established, 22. State lands, proceeds of, devoted to, 22. Special tax for support of, 22. Sectarian instruction in, prohibited, 23. Scientific Improvement— To be encouraged, 21. Searches — Security against unreasonable, provided for, 6. Warrant for, when to issue, 6, I Seat of Government— Located at Carson City, 24. No appropriation to be made for Capitol buildings for three years, 24. Secretary of State — Who eligible to the office of, 15. When elected, and term of office, 14, Powers and duties of, 15. * To be member of Board of Examiners, 15. | To be member of Board of Prison Commissioners, 15. Liable to impeachment, 19. To be member Board of Regents, 23. Required to keep office at seat of government, 26* I Salary of, first term under Constitution, 28. i Senate— To try all impeachments, 19.' Senators, State— i When elected, and terms of ofiee, 8« Who eligible to office of, 8. Number of, 8. . Pay of, 28. INDEX. 395 CONSTITUTION STATE OF NEVADA (Seitators— Statb)— (Omtinued.) First apportionment of, 28. To be divided into two classes, 29. One half to be chosen biennially, 29. Two classes of, to be kept equal, 29. Sbnatobs, Ukitkd States- How and when elected, 12. Shekiffs— Election of, to be provided for, 11. Slavery — Forbidden, with exception of involuntary servitude for punishment of crime, 6. Speech — Liberty of, secured, 5. State Prison — Board of Commissioners of, who to constitute, 15. To be established, 23. Suffrage— Bight of, who entitled to, 6. Persons convicted of certain crimes, disqualified from right of, 6. Suits AGAINST State — Provision to be made by law for bringing, 10. Superintendent of Public Instruction — Liable to impeachment, 19. Election, term of office, and duties of, 21. To be member of Board of Regents, 23. Salary for first term under the Constitution, 28. Supreme Court — Clerk of, to be elected, 11. Justices of, members of Board of Pardons, 14. How composed, and quorum of, 15. Chief Justice of, who, 15, 16. Election, terms of ofiice, and classification of Justices, 15, 16. Terms of, when and where to be held, 17. Jurisdiction and powers of, 16. Justices of, not to receive fees, 18. Justices of, ineligible to office during term, 18. Justices of, liable to impeachment, 19. Chief Justice of, to preside over Senate on trial of impeachment of Governor or Lieutenant Governor, 19. Decisions of, to be published, 25. Vacancies in office of Justices of, how filled, 31. Taxation — Special legislation concerning, forbidden, 10. Annual tax, sufficient to pay expenses of State, to be levied, 20. To be equal and uniform, 21. Property liable to, 19-21. Property which may be exempted from, 21. Special tax for support of common schools and State University, to be levied, 23. Eestriction on, 31. Territory of Nevada— Judicial officers of, when superseded, 18-19. A I 396 INDEX. CONSTITUTION STATE OF NEVADA ^Terbitoby of Nevada)— {Ckfntinued.) Laws of, to remain in force, 27. Fines accruing to, to inure to State, 27. Eecognizances and bonds to, to remain valid, 27. Actions commenced in Courts of, to continue, 27. Property of, to vest in State, 27. Indebtedness of, assumed by State, 28. Certain officers of, to continue in office, 29. Treason — Of what to consist, 6. Conviction of, how only obtained, 6. Treasuber of State- How chosen, term of, eligibility, 14. Liable to impeachment, 19. Office at seat of Government, to keep, 26. Salary of, for first term under Constitution, 28. Not to receive to his own use, 28. Bonds, to give, 31. Treasury- No money to be drawn from, but on appropriation, 10-11. Statements of the receipts and expenditures of, to be published with laws, 11. Honey, how drawn from, 11. Members of Legislature to be paid out of, 11. Trial— By jury, secured, 4. Eights of accused on, 5. In criminal, no person compelled to be a witness against himself, 6. United States Government^ Powers of, declared, 4. Paramount allegiance due to, 4. University— To be established, 22. Departments of learning in, 22. Fund created for support of, 22-23. Board of Eegents of, 23. Sectarian instruction in, prohibited, 23. Veto — Of Governor, how exercised, 12. How law passed over, by Legislature, 12. Voter — Qualifications of, 6. Who not entitled to be, 6. Persons convicted of certain crimes disqualified as, 6. Eesidence of, what not to affect, 7. Eegistration of, to be provided for, 7. Poll tax may be required of, 7. In military or naval service of United States, 7. Wife— Hay hold certain property as separate property, 11. Laws to be passed defining property rights of, 11. Law to be passed providing for registration of separate property of, 11. INDEX. 397 CONSTITUTION STATE OF NEVADA— (Continued.) Ybas and Nats— When to be entered on Journals of the Legislature, 9. CONTROLLER OF STATE— " ' To dr^w warrants on Legislative Contingent Funds, 45. To draw warrants favor Mrs. Carrie Pixley, 53. To draw warrants for salary of Deputy Treasurer of State, 60. Duties under Act to abolish use State revenue stamps, 65. To include digest of county statistical reports in annual report, 98. To audit cost of printing required by Chapter XXXVII of laws, 98. To draw warrant favor of R. Webber and D. B. Collins, 103. To draw warrants for accounts against Orphans' Home, 104. To draw warrants favor John B. Helm, 110. Toldraw warrants favor Frances S. Armistead, 110. To draw warrant favor of California Institution for education of deaf, etc., 111. To draw warrant favor Alexander Leport, 112. To draw warrant favor Calvin Swift, 112. To draw warrants on Contingent Funds of the Legislature, 113. To draw warrant for salary of State Agent at Washington, D. C, 114. Duties of, with respect to selection and sale of State lands, 121-124. To draw warrant for salary of Deputy State Register, 126. To draw warrant favor of T. W. Triplett, 129. To draw warrant favor of E. Perasich, 130. To draw warrants for claims for the recapture of escaping convicts, 166. Salary of teacher in State University, to draw warrant for, 167. Investment of Irreducible University Fund, to draw warrant for, 167. To transfer from General School Fund to Contingent University Fund, 167. To audit accounts for construction of State Prison, 168. Imperial Silver Mining Company, to draw warrant favor of, 169, To receive from State Treasurer and file as vouchers, certain bank checks, 172. To credit Treasurer with amount certain therefor, 173. Annual report, to transmit copy to State Printer for printing, 175. Annual report, distribution of, 175-176. Mrs. Amanda M. Piirker, to draw warrant in favor of, 177. Enrolling done during sixth session of Legislature, to draw warrant for, 179. To cancel outstanding warrants, when, 179. To notify Treasurer of canceled warrants, 180. To direct Treasurer to transfer amount of canceled warrants to General Fund, 180. To draw warrants on General Fund to pay certain claims on Legislative Funds, 181. To prepare blanks and instructions concerning tax on borax lands, 188. Nevada Reports, to draw warrants for the publication of eighth and ninth vol- umes of, 192. Bonnifield & Healy, to draw warrant favor of, 222. COUNTY ASSESSORS— Monthly payments of poll tax moneys, 54. Treasurer's receipt, to file with County Auditor, 54. Statistical report to County Auditor, to make, 97-98. State and county taxes, when to assess, 96. Exemption from service on juries, 128. 398 INBXX. COUNTY AUDITORS— Compensation for extendinp^ taxes on assessment roll, 63. To draw warrants for town indebtedness, 70. To furnish Controller with financial statements, 97. To deliver circular letter to County Assessor, 97. To transmit statistical statement to Surveyor General, 97. To deliver blanks, etc., to County Assessor, 98. To furnish Road Supervisors with blank receipts, 132. Sales of, of the several counties, 171. Monthly statements to Controller, to make, 191. COUNTY CLERKS— Duties of, with respect to redemption of town indebtedness, 72. Duties and compensation of, under town Act, 74. To prepare jury list, 126. To keep jury list and jury box, 126. To draw trial jurors, 126-127. To draw additional trial jurors, 127. To select Grand Jurors, 127. Exempt from service on jury, 128. Duties with respect to Jury Fund, 128. To notify Road Supervisors of appointment, 131. Duties with respect to bounties tbr planting and cultivating forest trees, 163. Duties under Act relating to elections, 197-215. COUNTY COMMISSIONERS— To direct.suits for delinquent taxes, 58. Powers atjd duties in government of towns and cities, 67-74. One of, to select Grand Jurors, 127. State and county tax, may prescribe time for assessment of, 96. Road districts and Supervisors, may establish and appoint, 131. To transfer moneys from Road Fund to School Fund, when, 131-132, To fix compensation of Road Supervisors, 132. School tax, to levy, 162. To issue warrants for-bounties for cultivation of forest trees, 163. To allow claims for bounties for destruction of noxious animals, 178-179. Duties of, under Act relating to elections, 197-204. COUNTY RECORDERS— To keep separate record of marks and brands, 100. Fees for recording marks and brands, 100. To transmit transcript of record of marks, etc., to adjoining counties, 100. Penalty for failure to comply with Act relating to marks and brands, 100. COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION— Duties of, 157-158. May appoint School Trustees, when, 158. Compensation of, 159. May appoint deputy, 159. To draw warrants for pay of teachers, 160. To appoint members of Board of Examination, 161. To be member of Board of Examination, 161. INDEX. 399 COUNTY TREASURERS— Salaries of, of respective counties, 61. Redemption of State stamps, to give notice of, 64. To redeeni State stamps and transmit the same to Treasurer of State, 64-65. Duties under town and city Act, 69-73. Road Fund, to create, when, 131. School moneys, duties with respect to, 157. State moneys, when to pay over, 191. Semi-annual settlements with Controller, 191. CRIMES AND PUNISHMENTS— Amendatory Act concerning, 118. Exhibiting deadly weapon, made misdemeanor, and punishment, 118. Assault, punishment, 118. Assault 'svith intent, punishment, 119. Assault with deadly weapon with intent, etc., punishment, 119. Amendatory Act concerning, 144-145. Burglary defined, punishment, 144. Burglary upon railroad train defined, and punishment, 144. Housebreaking, punishment, 144. Housebreaking on railroad train defined and punished, 144. Injury to dwelling house, etc., defined and punished, 144. CRIMINAL PRACTICE— Act amendatory of, 62. Challenges to jury, several jointly indicted must join in, 62. CRUELTY TO ANIMALS— Act for the more effectual prevention of, 141-143. Benefits of Act conferred, 141. Powers of corporations formed under Act, 141. Officers of society, 141. Elections, report of, to be made, 141. Reports to Legislature, 141. Peace ofl5cers, duties of, 141. Arrests, by oflScers and members of society, 141. Cruelty, defined and inhibited, 142. Custody of vehicle, etc., 142. Punishment, 143. Prosecutions for, how conducted, 143. Judgment upon conviction, 143. Act not to interfere with certaip existing laws, 144. D DEFICIENCIES— In seventh and eighth fiscal years, appropriations to pay, 116-117. DELINQUENT TAXES— • Suits for, when to be brought, 53. Additional penalty in certain cases of suits for, 169-170. DEPUTY TREASURER OF STATE— Treasurer of State may employ, 59. Salary of, and how paid, 60. 400 INDEX. DEPUTY STATE KEGISTER- Register State Land Office may appoint, 125. Salary of, and how and when paid, 125. DESTRUCTION OF NOXIOUS ANIMALS— Act to provide for, 178-179. Bounties to he given for, 178. Application for hounty, how made, 178. Justices of Peace, duties of, under provisions of Act, 178-179. County Commissioners to allow claims for bounties, 178-179. Act to take effect, 179. DIRECTORS STATE ORPHANS' HOME— Board of, to have control of the disbursement of appropriation for fencing and planting trees at Orphans' Home, 169. DISTRICT ATTORNEYS— Delinquent taxes, duties with respect to, 58. Salaries of, of the several counties, 60-133. Salary of, in new county, 60. Violations of town ordinances, to prosecute, 73. Actions by or against town, duty in, 73. Salaries of, how paid, 133. Forfeiture of lottery moneys and property, may bring actions for, 187. Fee for conviction under Vagrant Act, 190. . Unlawful holding of office, action by, 207. DISTRICT JUDGES— May commit to State Orphans' Home, 104-105. Certificate of, to ability of parent or guardian to support orphan, 106. Jury list, to prepare, 126. Trial jurors, to draw, 126-127. Additional trial jurors, to draw, 127. Grand jurors, to select, 127. Exempt from service on juries, 127. May establish bounds, persons living without which may be exempt from jury duty, 128, One for each judicial district, 145. Salaries, 145-146, 170. DOUGLAS COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Building tax. Commissioners authorized to levy, 118. Second Judicial District, to form part of, 145. Auditor of, salary of, 171. E EASTERN NEVADA RAILROAD COMPANY— Franchise granted to, 219. ' Benefits of General Railroad Act conferred upon, 219. White Pine County to issue bonds to, 219. Elko County to issue bonds to, 219. Bonds of Elko County, when to issue, 220. INDEX. 401 EASTERN NEVADA RAILROAD COMPANY— (Continued.) Bonds of White Pine County, when to issue, 220. Delivery of bonds, when to be made, 221. Special taxes authorized, 221. Survey of road, when to be made, 221-222. ELECTIONS— Oath required of electors before registration, 17S-174. Act relating to, 197-215. General elections, when to be held, 197. Election precincts and Inspectors of Election, 197. Duties of County Commissioners, 197. • Sheriff to post notices of, 198. Inspectors unwilling to serve*, 198. Inspectors to fill vacancies, appoint Clerks, etc., 198-199. Oath of Inspectors and Clerks, 199. Polls, when to be opened and closed, 199. Ballot box, to be provided and kept, 199. Manner of voting, 199-200. Register, force and effect of, 200. Poll lists to be compared, 200. Poll books, ballot box, etc., upon adjournment, how disposed of, 200. Ballots not to be opened or exhibited within certain limits, 201. Ballot containing more names for same office than are to be elected, hov treated, 201. Written and printed names on ballot, which counted, 201. Legality of ballot, when questioned, how disposed of, 201. Wager or bet upon election, making of, a misdemeanor, 201. Deputy Sheriffs may be appointed, 201. Challenge to voter, how made, and who competent to make, 201-202. Canvass of votes by Inspectors, 202-203. Double ballots, or excess of ballots, how treated, 202. Counting ballots, 202. Entry in poll books, 202-203. Returns, how, and to whom made, 203. Canvass of returns by County Commissioners, abstracts of votes, 208-204. Certificates of election to be issued, 204. Compensation of election officers, certificate of County Clerk thereto^ 204. Abstracts of returns to be transmitted, 204. Governor to grant certificates of election, 204. " Certificates, when not to be withheld, 204. Delayed returns, how obtained, 204. District elections, canvass of returns of, 205. Transmission of election returns, how required to be made, 205. Compensation of election officers, 205. Contest of election of county or township officer, who competent to make, 205. Grounds of contest, 205. Malconduct.of election officers, how to affect vote of precinct, 205. Statement of contest to be filed, 205-206. List of illegal votes to be served, 206* 51 \ 402 INDEX. ELECTIONS— (Continued,) Want of form not to defeat action, 206. Setting and trial of action, 206. Certificate of election to issue upon judgment, 206. Fees of Sheriff, Clerk, etc., 206. Certificate annulled by judgment, 207. District Judge, contest of ofiice of, 207. Unlawful holding of oflSce, 207. Action by District Attorney, and Governor may direct action, 207. Complaint, what it may set forth, 207. Contesting election of members of Legislature, 207-208. Contesting elections of State officers, 208-209. Removals from office by civil action, 209. Removals from office by criminal action, 209-210. Impeachment of State officers, 210-212. Fraudulent neglect of officer, etc., 212. Refusing to be sworn, etc., made misdemeanor, punishment, 212. Fraudulent voting, punishment for, 212. Fraudulent discovery of ballot by election officers, punishment, 213. Forging or counterfeiting returns, punishment for, 213. Bribery, threats, etc., punishment of, 213. Entertainments, giving of prohibited, 213. Money or property, giving of prohibited, 213-214. Bribery, made felony, and punishment of, 214. Appointment, promise of, made felony, and punishment of, 214. Sale or gift of spirituous liquors forbidden, 214. Punishment for, 214. Rewards, Governor to issue proclamation offering, 214. Copies of law, Secretary of State to print, etc., 215. Acts repealed, 215. • ELKO COUNTY— Legislative representation of, 50. Terms of Senators and Assemblymen of, 50. County Treasurer of, salary of, 61. Ninth Judicial District, to constitute, 145, Building Fund indebtedness, bonds to be issued for payment of, 150-153, Loan to be contracted, 151. Bonds, size and form of, 151. Interest coupons to be attached, 151. Sale of bonds, when to be made, 152, Proceeds of bonds, how applied, 152. Clerk to keep record of bonds issued, 152. Building Fund created, 152. Special tax authorized, 152. Proceeds of tax, how applied, 152. Surplus in Building Fund, how applied, 152. Sealed proposals, 152. Payment of bonds, when no bids are offered, 158. Interest, when to cease to run on bonds, 153. Treasurer to reserve funds to pay warrants, 153. Expense of preparing bonds, how paid, 153. INDEX. 403 ELKO COUNTY— ((Continued.) Auditor of, salary of, 171. Eastern Nevada Bailroad Company, to issue bonds to, 219-220. Special railroad tax to be levied, when, 221. ELKO, TOWN OF— Act to supply with water, 134. Franchise granted Elko Water Company, 134. Boundaries of, established, 134. Survey and plat of water works, 134. Construction of works, when to be commenced, 134. Purchase of works by, 134, Prior appropriations of water not affected, 134. ENROLLING— For sixth session Legislature, how paid for, 179. ESMERALDA COUNTY— Transfers from Indigent Sick and Contingent Funds of, to Redemption Fund, 46. County Treasurer to make transfers, 46. Conflicting Acts repealed, 46. District Attorney of, salary of, 60. ' County Treasurer of, salary of, 61. Eighth Judicial District, to constitute, 145. Auditor of, salary of, 171. County seat, Act to provide for removal of, 180. County Commissioners to select county seat, 180, County officers to remove offices j 180. Vacancy in Board of County Commissioners, how filled, 181. EUREKA COUNTY— Act to create, 107-109. Boundaries of, 107. Boundary line between, and Lander County to be established, 107. County seat of, located, 107. Officers of, constituted, 107. Petition for county election, 107. Election to fill county offices, to be called, 108. Terms of officers elected at county election, 108. Existing townships and township officers continued, 108. Representation in Legislature, 108. District Attorney of, salary of, 108. County Treasurer of, salary of, 108. County Superintendent of Public Instruction of, 108. To assume half of Lander County debt, 108. Lander County Debt F.und created, 108. Commissioners of Eureka and Lander Counties to determine amount of Lander County debt, 109. Sixth Judicial District, to form part of, 109, 145. Terms of Court in, 109. District Judge Sixth Judicial District, to pay half of salary of, 109. Suits transferred from Lander County, 109. 404 INDEX. EUREKA COUNTY- {Omtinued.) Kecords, transcript from Lander County, 109. Act, when to take effect, 109. Public schools of, Act for support of, IIS. Act to provide funds for current expenses of, 115-116. Bonds, County Commissioners to issue, 115. Form and amount of bonds, 115. Bonds, rate of interest and when payable, 115. Sale of bonds, when to be made, 116. Proceeds of bonds, how appropriated, 116. Interest on bonds, when and where payable, 116. F FIREMEN— Act to provide, for Legislative chambers, 50. How appointed and salary of, 50. Enrolled, exempt from service on juries, 128. FISH— Act to encourage cultivation and propagation of, 163-165. Possessory right granted to persons engaged in, 163-164. Statement of intention to clainf possessory r^ht, to be recorded, 164. Improvement of possessory right requisite to be made, 164. Holder of possessory right to have preferred right to purchase from State of Nevada, 164. Penalty for taking fish from waters of land located under Act, 164. Conflicting Acts repealed, 164-165. FOREST TREES— Act to encourage growth of, 162-163. Bounty for planting and cultivation of, 162-163. Time of continuance of bounty, 163. Bounties, how paid, 163. Proof to be made annually by claimant, 163. Exclusion from benefits of Act, 163. Trees planted not to add to taxable value of land, 163. Injury to trees, etc., made misdemeanor, and punishment, 163. G GOLD HILL— Act to incorporate Town o^, Ti-S7, Boundaries and wards of, 77. Corporate powers of, in whom vested, 77. Board of Trustees, how composed and who eligible to, 77-78. Marshal and Treasurer to be elected, 78. Terms of officers of, and who eligible to, 78. Voters at town elections, qualifications of, 78. Annual election, when held, 78. Laws regulating elections, made applicable, 79* Officers elected, when to qualify, 79. Board of Trustees, when to organize, 79. INDEX. 405 GOLD HILL— (Oontinued,) President Board of Trustees, duties of, 79. Vacancy in office, how filled, 79. Board of Trustees may appoint certain officers, 79. Meetings, quorum, and rules of Board of Trustees, 79. Board of Trustees, powers and duties of, 80-82. Condemning property for use of town, manner of, 80. • License taxes. Trustees to fix and collect, 81. Board of Health, Trustees to establish, 81. Breach of ordinance. Trustees to prescribe punishment for, 82. Debt of, limitation of creation of, 82. Redemption Fund created, 82. Contingent Fund created, 82. Payments out of Redemption Fund, how made, 82. Sealed proposals, 82-83. Redemption Fund, what demands to be paid out of, 83. Ordinances, bonds, contracts, etc., how signed, 83. Transfers from Contingent FundtoTCedemptipn Fund, 83, Statement of finances to be made quarterly, 83. \ Receiving and disbursing officers of, to give bonds, 83. Marshal, duties of, 83. Taxes, assessment and collection of, 84. Treasurer, duties of, 84. Clerk, duties of, ^'4. Yeas and nays, when to be recorded, 85. Actions by the town, 85. Justice's Court in, jurisdiction and powers of, 85. Justice of Peace, to receive fees and make reports, 85. Attorney for town, fees of, 86. Vacancies in offices of, how created and filled, 86. Present officers continued, 86. Property of former town of, to vest in, 86. Public streets and alleys of. Trustees to control, 86. Marshal, salary of, 86. Former Acts of incorporation repealed, 86. Act to take effect, 87. GOVERNOR— To transmit reports of Controller and Surveyor General to Legislature, 98. Directors Nevada State Agricultural Society, to appoint two, 138. Coiinty Commissioners Esmeralda County, to appoint, when, 181. President Board of Prison Commissioners, constituted, 182. Certificates and proclamations of election, to issue, 204. Action for unlawful holding of office, may direct, 207. Appoint in place of impeached officer, 212. Rewards, to issue proclamations of before election, 214. H HEALY— See Bonnifield and Healt. HELM, JOHN B.— Act for relief of, 110. 406 INDEX. HIBERNIANS— See Ancient Order of Hibernians. HIGHWAYS— See Public Highways. HUMBOLDT COUNTY— County seat removed to Winnemuccn, 59. County officers to remove offices to Winnemucca, 59, County archives and property, County Commissioners to remove, 59. County buildings aud offices. County Commissioners to provide, 59. District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Pourth Judicial District, to constitute, 145. Auditor of, salary of, 171. Boundary line between Humboldt and Lander Counties established, 189. HUSBAND AND WIFE— Act defining the rights of, 193-196. Separate property of husband and of wife, defined, 193. Community property, what to be, 193. Inventory of separate property of wife to be recorded, 193. Supplemental inventories to be recorded, 193. Eecording of inventory to be notice, 193. Failure to record inventory, effect of, 193-194. Husband to control community property, 194, Courtesy and dower not allowed, 194. Property tenures of husband and wife, 194, Wife may control and dispose of her separate property, 194. Disposition of common property upon death of wife, 194. Disposition of common property upon death of husband, 194-195. Division of common property in case of divorce, 195. Earnings of wife not liable for debts of husband, 195. Earnings of wife and minor children, when separate property, 195. Separate property of husband or wife not liable for debts of the other contracted before marriage, 195. Contracts between husband and wife, 195. Separation, contract of, 195. Necessaries furnished wife, when husband bound for, 196. Support of wife, when husband not liable for, 196. Support of husband by wife, when required, 196. Actions by wife, when she may sue or be sued alone, 196. Marriage contracts, 196. Marriage contracts to be recorded, 196. Failure to record, effect of, 196. Minor may make marriage contract, when, 196. Acknowledgments of conveyances by married women, how to be made, 196. Acts repealed, 196. I IMPEKIAL SILVER MINING COMPANY— Act for relief of, 169. INSPECTORS OF ELECTION— Appointment of, 197. Duties of, under Act relating to elections, 197-201. INDEX. 407 INSURANCE COMPANIES, FOREIGN— Act to tax and regulate, 46-49. Authority of agents to be filed, 46. Bonds of agents to be filed, 47. Conditions of bonds, 47. Statements by«agents to County Treasurer, 47. Who deemed agents of, 47. Express companies, when deemed agents of, 47. Penalties for violating Act, 48. Copy of bond to be filed with County Treasurer, 48. Separate bonds for each company required, 48. False statements, penalties for making, 48. Agents upon whom service may be made, to be appointed, 48-49. License tax to be collected from agents of, 49. Proceeds of license tax, how disposed of, 49. Violation of provisions of Act, made misdemeanor, penalty and punishment, 49. Repeal of Acts, 49. INTOXICATING DRINKS— Sale of, to minoTs prohibited, 177, See Minors. JUDICIAL DISTRICTS— Sixth Judicial District, Eureka County to form a part of, 109. Terms of Court in Eureka County, 109. Seventh Judicial District, salary of Judge of, 119. Act to redistrict the State, 145-146, 170. Judges for, when to be elected, 145. Terms of Court in the several, 145. ' Salaries of Judges of, 145-146. Act, when to take effect, 146. JURIES— An Act concerning, 126-129. Who qualified to serve on, 126. Jury list, how prepared and kept, 126. Jury list to be amended and corrected, 126. Jury box, how provided and kept, 126. Trial juror, how panel drawn, 126. Trial juror, how summoned, 127. Venire, when returned, 127. Additional trial jurors, how drawn and summoned, 127. Names of persons known to be exempt from service on, how treated, 127. Names in jury box to be exhausted, 127. Jury box to be replenished, 127. Exemptions from service on, 127-128. Boundaries may be established, persons living without which may be ex- empted, how, 128. Jury Fund, 128. Pay of jurors from Jury Fund, 128. , Excuse jurors. Court may, 128. Penalty for failure to attend and serve, 129. 408 INDEX. JURIES— (Continued.) Pay and mileage of jurors, 129. Acts repealed, 129. JUSTICE OP THE PEACE— Official bonds of, amount and conditions, 51. . Jurisdiction of, for violation of town and city ordinances, 73. Exempt from service on juries, 128. Destruction of noxious animals, duties under provisions of Act for, 178. L LANDS-STATE— Act to provide for selection and sale, 120-125. Agents to be appointed to promote interest of State in relation to, 114. Compensation of agents, 114. State Land Office created, 120. Surveyor General to be ex officio Eegister, 120. Register, bond, place of office, etc., 120. Duties of Begister as to selection and sale of, 120-123. Price of, per acre, 121. Advertisement for sale of lands acquired by State, 121. Applications to purchase, how made, 121. Duties of Eegister, Controller, and Treasurer relative to applications to pur- chase, not previously acquired by State, 121-122. Refunding of purchase mone}', when and how made, 122-123. Notice of Begister to County Surveyor of application to purchase, 122. Duties of Begister, Controller, and Treasurer with respect to applications to purchase lands previously acquired by the State, 122. Agricultural and grazing lands purchased, how paid for, 122-123. To revert to State when, 122. Timber lands, to be paid for at tiipe of application, 123. Warrants, certain kinds of, may be used in payment for, 123. Statement of Treasurer to Controller, 123. E. Bhoades, deposit receipts issued by, how treated, 123. Preferred right of occupant to purchase, 124. Conflicting applications to purchase, how tried and disposed of, 124. Limitation of purchase, 124. Selection by Begister, in certain cases, 124. Title to, how conveyed, 124-126. State Begister, salary of, 125. Deputy State Begister, Begister may appoint, 125. Deputy State Begister, salary of, 125. Funds from sale of, how invested, 125. Claims for services, expenses, etc., to be audited by Board of Examiners, 125. Compensation of United States Beceivers, 125. Acts repealed, 125. Existing rights saved, 125. University lands, immediate selection and sale of, ordered, 167. LANDER COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary' of, 61. INDEX. 409 LANDER COUNTY— (Continued,) School moneys, County Treasurer of, to pay to Eureka County, 108. Triplett, T. W., claim of, to be allowed, 130. Auditor to draw warrant, 130. Fifth Judicial District, to form part of, 145. Auditor of, salary of, 171. Boundary line between Lander and Humboldt Counties established, 189. LEGISLATURE— Act fixing number of officers and employes, defining their duties, and to establish their pay, 153-156. Senate officers and employes, 153.« Assembly officers and employes, 153. Salaries of officers and employes, 153-154. Duties of officers and employes, 154-155. Extra compensation prohibited, 155. Close of session of, duties of Secretaries and Clerks at, 155. Controller to draw warrant for work at close of session, 155. Election of officers and employes, 155. Chaplains provided for and compensation fixed, 155. Removal of officers and employes, 155. Additional officers and employes, election of, prohibited, 155. Pay of officers and employes, when to commence, 156. Terms of officers holding at time of passage of Act, not affected, 156. Acts repealed, 156. LEGISLATIVE FUNDS— Act creating, 45. State Treasurer to set apart, 45. State Controller to draw warrants on, 45. Contingent Fund to be set apart from, 45. Contingent Funds, how divided, 45. Control of Contingent Funds, 45. Payment from Contingent Fund, how directed, 45. Exempted from operation of certain Act, 45. Balance in, how disi>osed of, 46. Contingent Funds of the two Houses created, 113. Contingent Fund of Legislature, how controlled, 113, 137. ' Appropriation for Contingent Funds of the Legislature, 137. Claims agairist, to be paid out of General Fund, when, 181. Controller to draw warrants for claims, 181. Appropriation to pay certain claims, 181. LEPORT, ALEXANDER— Act for the relief of, 112. ' LIEUTENANT GOVERNOR— State Prison Act not to interfere with salary of, 185. Appropriation for salary of, 186. Controller to draw warrant for salary of, 186. Act defining duties and fixing compensation of, 197. To be Adjutant General and State Librarian, 197. 52 410 INDEX. LIEUTENANT GOVEKNOR— (Continued.) Compensation of, 197. Acts repealed, 197. Act to take effect, 197. LIBRARY— See State Libbaby. LINCOLN COUNTY— Act to consolidate and fund indebtedness of, 54-58. Funding Commissioners, Board created, 54. Funding Commissioners, duties of, 54-55. Bonds for funding, how made and signed, 55. Bonds, how and when paid, 55. Account of bonds issued, to be kept, 55. Interest coupons, 55. What warrants and accounts may be funded, 55. Fractional sums, how paid, 55-56. Redeemed bonds, how disposed of, 56. Tax to be levied for payment of bonds and interest, 56. Treasurer to provide for payment of interest, 56. Sinking Fund created, 56. * Redemption of bonds, provisions for, 56-57. Interest on bonds, when to cease, 57. Bonds, when to be paid pro rata, 57. Preference, what bonds to have, 57. Account of Sinking Fund, County Treasurer to keep, 57. Expense of preparing bonds provided for, 57. Compensation of Funding Commissioners, 58. Notice of funding, when and how given, 68. Restriction of debt, 58. Penalties for disobeying provisions of Funding Act, 58. District Court, powers and duties of, in connection with Funding Act, 58, Fines to go to School Fund, 58. Transfers from General to Redemption Fund, when to be made, 58. District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Seventh Judicial District, when to constitute, 145. Auditor of, salary of, 171. LOTTERIES— Act to prohibit, 186-187. Lottery defined, 186. Drawing of lottery, made misdemeanor, 186. Selling of lottery ticket, made misdemeanor, 186. Assisting in lottery, etc., made misdemeanor, 186. Lottery office, keep of, made misdemeanor, 186. Lottery policies and insurances, misdemeanor to deal in, 187. Moneys and properties of, forfeited to State, 187. Action for forfeiture, 187. Letting of building for lottery purposes, made misdemeanor, 187. Punishment of misdemeanors under Act, 187. Act to take effect, 187. INDEX. 411 LYON COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Third Judicial District, when to constitute, 145. Auditor of, salary of, 171. Finances of, amendatory Act to place upon cash basis, 176. Eedemption Fund created, 176. Tax authorized for redemption purposes, 176. Portion of other taxes placed in Bedemption Fund, 176. Assessment and collection of Redemption Fund tax provided for, 176. M MARKS AND BRANDS— Act to regulate, 99-101. Owners of certain stock to record marks and brands, 99. Stock, when to be branded, 100. Evidence, mark and brand made primary, 100. One mark or brand only for one ranch, 100, Penalty for using other brand, 100. Cutting of ear, prohibited, 100. Counterbrand upon sale of stock, when required, 100-101. Mismarking or misbranding stock, penalty for, 101. Killing stock, etc., made felony and punished, 101. MEMORIALS— See Resolutions and Memorials. MILLER, P. B.— Leave of absence granted to, 231. MINING CLAIMS— Jurisdiction when patent is applied for, 50. Instrument affecting, recorded in County Recorder's office to impart notice, 63. Certified copies of, admitted in evidence, 63. MINORS— Act to prohibit sale of intoxicating drinks to, 177. Sale or gift of intoxicating drink to, prohibited, 177. Made misdemeanor and punishment of, 177. Fines under provisions of Act, how disposed of, 177. N NEVADA REPORTS— Appropriation for publication of eighth and ninth volumes of, 192. Controller to draw warrants for', 192. Disposition of the published volumes, 192. Report of Commissioner for publication of, 192. NOXIOUS ANIMALS— See Destruction or Noxious Animals. NYE COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. 412 INDEX. NYE COUNTY— {Oontinued,) Salary District Judge Fifth Judicial District, proportion of, 102. Fifth Judicial District, when to form a part of, 145. Auditor of, salary of, 171. o OFFICIAL BONDS— Of Justices of the Peace, 51. Of Constables, 51. ORMSBY COUNTY— School Trustees of District No. 1 to issue interest-bearing warrants, 51. Amount of, and when payable, 52. Form of and interest on warrants, 60. District Attorney of, salary of, 60, County Treasurer of, salary of, 61. Act amendatory of Act requiring issuance of bonds to Virginia and Truckee Bailroad Company, 117. Surplus of Interest Fund applied to redemption of bonds, 117. Sealed proposals for surrender of railroad bonds, 117. Second Judicial District, to form p«»rt of, 145. Auditor of, salary of, 171. ORPHANS' HOME— Act for government, etc., of State, 103-107. Board of Directors created, 103, 192. Organization and style of Board, 103, 192. Powers of Board, 103. Report to Legislature biennially, 103. Erection of additional buildings, 104. Superintendent, Matron, and Teacher, how appointed, 104. Accounts, how audited and paid, 104. Salaries of Superintendent, Matron, Teacher, and Secretary, 104. Board to receive orphans from Nevada Orphan Asylum, 104. Orphans admitted to Home to become wards of the State, 104. District Judges may commit orphans to Home, 104-105. Education of orphans at the Home, 105. Age at which orphans may be admitted, 105. Majority, age of, when reached, 105. Escaping orphan, how recovered, 105. Guardian to be appointed for orphan having property, 105-106. Discharge of orphan, 106. Apprenticed, orphan may be, 106. Half orphan may be received, 106. Half orphans admitted declared wards, of the State, 106. Release of half orphans, 106. Superintendent and Matron to furnish estimates of supplies, 106. Sealed proposals for supplies, 106. Directors and Secretary to open proposals to furnish supplies, 106. Acts repealed, 107. Fencing of, and planting of trees at, appropriation for, 169. Act to amend Act for government and maintenance of, 192. Administration of, under control of Board of Directors, 192. INDEX. 413 ORPHANS' HOME— (Cantimied,) Board of Directors of, how composed, 192. Officers of Board, how elected, ^92. Name and style of Board, 192. OWEN, FRANK- Leave of absence granted to, 226. P PENROD, E.— Memorial relative to claim against United States, 237. PERASICH, E.— Act for relief of, 130. PHYSICIANS— Exempt from service on juries, 128. PIXLEY, MRS. CARRIE— Act for relief of, 52. PRESIDENT OP BOARD OF DIRECTORS OF STATE LIBRARY— Office created, 111. Attorney General constituted, 111. Salary of, 111. Act to continue in force, when. 111. PUBLIC HIGHWAYS— Act in relation to, 130-133. . Road districts and Supervisors, how created and appointed, 130-131. County Clerk to notify Supervisors of appointment, 131. Road Supervisors, oath and bond of, 131. Road Supervisors, duties of, 131. Road Fund created, 131. Transfer of moneys from Road Fund to School Fund, when to be made, 131. Road Supervisor, term of office of, 132. Road Supervisor, compensation of, 132. Road Funds, how applied, 132. Road tax provided for, 132. Collection of road tax, enforcement of, 132-133. Penalty for collecting road tax without giving proper receipt, 133. Acts repealed, 133. PUBLIC SCHOOLS— . Amendatory Act for the maintenance and supervision of, 156-162. State Board of Education, seal, sessions, and record of proceedings of, 156. Superintendent of Public Instruction, duties of, 156. County Treasurers, duties in regard to school moneys, 167. County Superintendents of Public Instruction, duties of, 157-159. Compensation of County Superintendent, 159. Deputy County Superintendent may be appointed, 159. School Trustees, when to be elected, and terms of office, 159. Board of School Trustees, duties of, 159-160. Conveyance of real estate, powers of Trustees to make, 160. Teachers, how employed, dismissed, and paid, 160. 414 INDEX. PUBLIC SCHOOLS— (Continued.) School Census Marshal, hgw appointed, and duty of, 160-161. Compensation of School Census Marshal, 161. Boards of Examination, how constituted, and powers and duties of, 161-162. Tax, county school, to be levied, 162. Limitation of school tax, 162. School month defined, 162. Compensation of teachers, 162. Acts repealed, 162. R KAILROADS— Act to grant right of way from line of Central Pacific Eailroad to Colorado River, 172. Act to encourage construction of, from Beno to Susanville, 215-219. Amendatory Act concerning the Eastern Nevada Railroad Company, 219-222. RAILROAD COMPANIES— Assessment of road of, 65. ^ REGISTRATION OF ELECTORS— Amendatory Act to provide for, 173-174. Oath, form of, and when taken, 173. Manner of taking oath, 174. RELIGIOUS ASSOCIATIONS— Amendatory Act providing for incorporation of, 102-103. Certificate of election of Trustees or Directors of, to he filed, 102-103. RENO TO SUSANVILLE— Act to encourage construction of railroad from, 215-219. Franchise granted, 215. Route and gauge of road, 215. Washoe County to issue bonds, 216. Bonds, when to issue, 216-217. Form and amount of bonds, 216-217. Interest on bonds, 217. Special tax authorized, 218. Tax, how assessed and collected, 218. Railroad Interest and Sinking Fund created, 218. Redemption of bonds, 218-219. Sealed proposals, 219. REPORTS— See Nevada Rkpokts. RESOLUTIONS AND MEMORIALS— Absembly — Relative to printing Joint Rules, 225. Relative to printing Concurrent Resolution No. 1, concerning Central Pacific Railroad, 225. Relative to Report of Board of Regents, 225. Relative to printing Report of Commissioners of State Orphans^ Home, 226. Granting leave of absence to Frank Owen, 226. Providing for joint committee to consider and report on subject of State Uni- versity lands, 226. tm INDEX. 415 ♦ RESOLUTIONS AND MEMORIALS (Assembly)— (C(yntinued.) Continuing case of State of Nevada vs. H. A. Rhoades et al., 227. Granting leave of absence to Lemuel Allen, 227. Granting leave of absence to Noah Blossom, 227. Relative to abandoned military reservations in State of Nevada, 228. Senate — Relative to printing of Governor's Message, 228, Relative to the printing and distribution of the Report of the Superintendent of Public Instruction, 228. Relative to distribution of printed bills, 229. For appointment of committee to examine Bonnifield & Healy's compilation of laws of Nevada, 229. Relative to printing Report of State Controller, 229. Relative to printing Report of State Treasurer, 229. Granting leave of absence to H. J. Bidleman, 230. Granting leave of absence to W. S. Travis, 230. Relative to printing proceedings of Joint Convention to elect United States Senator, together with remarks of J. P. Jones, in pamphlet, 230. Relative to the extension of the Government surveys in State of Nevada, 231. Granting leave of absence to P. B. Miller, 231. Relative to printing the Report of the Committee on Centennial Affairs, 231. Relative to printing the Report of the State Mineralogist, 232. Relative to the sixteenth and thirty-sixth sections of the public lands in Ne- vada, 232. Granting leave of absence to James W. Richards, 233. Relative to saline, borax, and soda lands, 233. Relative to printing Report of Surveyor General, 234. Relative to printing Report of Joint Committee to visit the insane, 234. Requiring Joint Committee on Bonnifield & Healy*s compilation of laws of Nevada to examine all compilations offered, and to report thereon, 234. Relating to the postal telegraph, 235. Granting leave of absence to John S. Shoemaker, 235. Relative to coal lands in the State of Nevada, 236. Relative to claim of E. Penrod against the United States for Indian depreda- tions, etc., 237. Relative to the Central Pacific Railroad Company obtaining patents to their lands, 238. Relative to mail service between Washoe County and Greenville, Califor- nia, 239. Relative to grant of " franking " privilege by Congress to Governors of States and Territories, 239-240. REVENUE— Amendatory Act to provide, for the support of State Government, 53, 61, 64, 65, 96, 191. See Delinquent Taxes; Insurance; Borax and Soda Lands; Land; Stamps; State Loan. RHOADES, EBEN (late State Treasurer)— Release of sureties of, 99. Attorney General to discontinue suit, 99. Trial of cause against sureties of, continued for term, 227. 416 INDEX. RHOADES AND OTHERS, H. A.— Suit by State of Nevada against, discontinued, 96. Trial of case of State of Nevada against, continued for term, 227. RICHARDS, JAMES W.— Granted leave of absence, 233. ROADS— See Public Highways. ROAD SUPERVISORS— See Pubuc Highwatb. s SCHOOLS- Act to compel children to attend, 89-91. Parents and guardians required to send their children to, 89-90. Trustees to furnish Principal with list, 90. Principal of school to report attendance, 90. Penalty to be demanded of parent for non-attendance of children, 90. Action for penalty, 90. Penalty for failure to comply with Act, 90. Trustees to furnish books, stationery, etc., when, 90-91. Fines collected, how disposed of, 91. County Superintendent to publish law, 91. Notice of requirements of law, etc., to be posted, 91. SCHOOL BOARDS OP EXAMINATION— How constituted, 161. Duties and powers of, 161-162. SCHOOL CENSUS MARSHALS— How appointed and duties of, 160-161. SCHOOL TRUSTEES— See Public Schools. SECRETARY OF STATE— To appoint fireman for Legislative chambers, 50. Act relating to duties of, 177-178. Biennial report of, 177-178. Expenditures of, to be audited by Board of Examiners, 178. To certify to enrolling, l79. Secretary Board of Prison Commissioners, constituted, 182. Eighth and Ninth Nevada Reports, duties with respect to, 192. Messenger for delayed election returns, to send, 204. Contest of election of member of Legislature, duties with respect to, 208. Election law, to psint and distribute copies of, 215. With Attorney General and Clerk of Supreme Court, to purchase compila- tion of laws, 222. SHERIFFS— To appoint deputies in towns, 73. To pay claims for labor out of proceeds of executions, when, 77. Sessions of District Court, to attend, 115. Exempt from service on juries, 128. Cruelty, duties under Act for prevention of, 141. INDEX. 417 SHERIFFS— {C(mtinued.) Mileage for conveying convicts, how certified, 182. Access to books and records of State Prison, 184. Elections, powers and duties under j^rovisions of Act relating to, 197, 198, 201, 203, 206. SHOEMAKER, JOHN S.— Leave of absence granted to, 235. SODA LANDS— See Borax and Soda Lands. STAMPS— STATE— Act to abolish use of, 64-65. Use of State revenue stamps abolished, 64. Repeal of law not to affect papers issued before date of repeal, 64. County Treasurer to redeem outstanding, 64. State Treasurer to receive redeemed stamps and turn same over to Con- troller, 65. Treasurer to be credited with defalcations in State stamps, 65. Supplemental Act concerning, 173. Unstamped papers in certain cases admitted in evidence, 173. STATE AGRICULTURAL SOCIETY— Act to incorporate, 138-139. Nevada State Agricultural Society incorporated, 138. Corporate powers of, 138. Officers of society, 138. Board of Managers, when and how elected, 138. Grovernor to appoint two Directors, 138-139. Vacancies in Board of Managers, how filled, 138. Membership of society, terms of, how fixed, 138. Debt of society, how incurred and limitation of, 139. Officers of society, present, constituted, 139. Annual meeting, first, when and where held, 139. STATE BOARD OF EDUCATION— Seal, sessions, and record of proceedings of, 156. STATE BUILDING FUND— Created, 168. What to constitute, 168. STATE CAPITOL FUND- Surplus to be paid into State Building Fund, 168. STATE LIBRARY— Lieutenant Governor to be Librarian of, 197. Act, when to take effect, 197. Attorney General constituted President Board of Directors of. 111. See President Board of State Library Directors. STATE LOAN— Aniendatory of Act of February 27th, 1871, authorizing a, 94-96. Surplus after paying interest, how disposed of, 94. Sealed proposals, Commissioners to advertise for, 94-95. 53 • 418 INDEX. STATE LOAN— {Ctmtinued.) No Lids received, surplus to be invested, 05. Amendatory of Act of February 27th, 1871, authorizing a, 95-S6. Surplus after paying interest, how disposed of, 95. Sealed proposals. Commissioners to advertise for, 95-96* No bids received, surplus to be invested, 96. STATE OFFICERS— To render statements of disbursements, 137. STATE ORPHANS' HOME— See Orphans' Home. STATE PRINTER— Election of, provided for, 52. Term of office of, 52. Oath and bond of, 52. Annual reports of Treasurer and Controller, to print copies of, 175. STATE PRISON— Act to provide for erection of, 168. Prison Commissioners authorized to build, 168. Capacity of, 168. State Building Fund created, 168. State Building Fund bix provided for, 168. Prison labor may be used in building, 168. Claims under provisions of Act to be allowed by Board of Examiners, 168. Acts repealed, 168. Act to provide for the government of, 181-186. Government of, in whom vested, 181. Powers of Board of Commissioners of, 182. Officers of Board of Commissioners of, 182. Record of Board to be kept, 182. Warden of State Prison, when selected, 182. Salary of Warden, limitation of, 182. Duties and residence of Warden, 182-183. Monthly estimates of supplies, 182. Accounts and salaries, how certified, 183. Sealed proposals for supplies, 183. Labor of convicts. Commissioners to control, 183. Employment of convicts away from prison permitted, 183. Escape of convict when employed away from prison, responsibility for, 183. Boundaries of prison extended over places of labor of convicts, 184. Moneys received from prison labor and material, how disposed of, 184. Secretary of Board of Commissioners to report to Controller, 184. Actions for money due for prison labor or material, 184. Inspection of books, papers, and records of, 184. Divine service at, provided for, 184. United States criminals received at, 184. Expenses of United States criminals, 184. Rules and regulations of, 184. Penalties for violations of rules, etc., 184-185. Cruel and barbarous punishment of convicts prohibited, 185. Commutation of term for good behavior, 185. INDEX. 419 STATE PRISON— {Cmtinued.) Rules and regulations concerning commutation of punishment to be estab- lished, 185. Report of debits and credits to be made to Governor, 185. Bond of Warden, 185. Acts repealed, 185. Repeal not to affect salary of Lieutenant Governor as ex officio Warden, 186, Appropriation for salary of Lieutenant Governor, 186. Controller to draw warrants, 18G. STATE REGISTER- Surveyor General to be ex officio, 120. Bond of, 120. Office at seat of government, to keep, 120. Maps of surveyed land, to procure, 120. To furnish maps to County Surveyors, 120. Duties of, in selection and sale of State lan^s, 120-128. To notify County Surveyors of applications to purchase, 122. Duties of, in case of conflicting applications to purchase, 124. Salary of, 125. Deputy Register, may appoint a, 125. STATE SENATORS— Act for allotment of, 190. Allotment of, when and how made, 190. Classification and terms of office ofj 190. STATE UNIVERSITY— Act to locate and provide, etc., for, 166* University located at Town of Elko, 166. Land and building to be furnished by Elko, 166. Board of Regents to appoint teacher, when, 166. Salary of teacher, limitation of amount, and how paid, 167. Control of University, Board of Regents to have, 167. Selection and sale of University lands, 167. Irreducible University Fund created, aud how invested, 167. Contingent University Fund created, 167. Claims against, to be allowed by State Board of Examiners, 167. Transfer of money from General School Fund of State to University Con- tingent Fund, when to be made, 167. Permanent establishment of, at Elko, 167-168. Acts repealed, 168. STATE WARRANTS— Old outstanding, to be canceled, when, 179. STATISTICS— County Assessors to furnish County Auditors with statement of county sta- tistics, 97. STOREY COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Act authorizing County Commissioners to issue school bonds of, 139-141. Amount and form of bonds, and when payable, 139-140. 420 INDEX. STOREY COUNTY— (Continued.) Sale of bonds, how made, 140. Proceeds of bonds, how appropriated, 140. School Bond Interest and Sinking Fund created, 140. Surplus of Fund, how applied, 140. Sealed proposals to surrender bonds, 140-141. First Judicial District, to constitute, 145. County Auditor of, salary of, 171. SUPERINTENDENT OF PUBLIC INSTRUCTION— Member of Board of Directors of State Orphans* Home, 103, 192. Apportionment of school moneys to Lander and Eureka Counties, how to be made, 113. Duties of, under provisions of Act for the maintenance and supervision of pub- lic schools, 156. SURVEYOR GENERAL— To furnish County Auditors with circular letter for Assessors, 97. To include digest of county statistical reports in annual report, 96. To insert part of Act in circular to County Assessors, 98. To furnish blanks to County Auditors, 98. Member of Board of Directors of State Orphans' Home, 103, 192. SUSAN VILLE— Act to encourage construction of railroad from Reno to, 215-219. See Reno. SWIFT, CALVIN— Act to pay claim of, 112. T TAXES— Delinquent taxes, when suits to be brought, 53. In disputed territory between counties, where paid, 66. Receipt issued by one county, defense to suit for taxes in the other, 66. In towns and cities, authorized, 67. In towns and cities, when to be levied, 69. To be levied, 69. State and county, time of levy, 96. Lien of State and count3^ when to attach, 96. Assessment of State and county, when to be made, 96. Road tax provided for, 132. School tax, when and how levied, 162. Delinquent taxes, additional penalty in certain cases, 169-170. Borax and soda lands, 188. TOWNS AND CITIES— Boundaries of. County Commissioners to define, 66. Suits by. County Commissioners to institute, 66. Tax, County Commissioners to levy, 67. Streets and alleys. County Commissioners to layout and control, 67. Condemn property. County Commissioners may, 67. Fires and tire apparatus, powers of Commissioners, 67. Gunpowder, etc., to regulate storage of, 67. Nuisances, definition and abatement of, 67. INDEX. 421 TOWNS AND CITIES— {C(mtinued.) . Licenses, County Commissioners to fix and collect, 67. Disorderly conduct, to prevent, 68. Town property, Commissioners to hold and manage, 68. Breach of ordinance, to prescribe punishment for, 68. Ordinances, County Commissioners to adopt, 68. Condemning property, manner of, 68. Tax, amount of fixed by County Commissioners, 69. , Tax, general laws made applicable to collection of, 69. Tax, moneys collected to be paid into County Treasury, 99, General Fund and Redemption Fund established, 69. Transfer from General Fund to Redemption Fund, 70. Fees and salaries and expenses of government paid out of General Fund, 70. Claims, allowed by County Commissioners, 70. Auditor to draw warrant, 70. "Warrant, form of, 70. County Treasurer to pay warrant, 70. County Treasurer to post notice, 70. Actions against, when to be commenced, 70. Disincorporation of, duties of County Commissioners, 71. Bonds issued for debt of disincorporated, 71. Redemption of bonds, 71-73. Sealed proposals, 72. Duties of Treasurer, 72. Acceptance of bids, 72. Justice of the Peace,' jurisdiction of violations of ordinances, 73. District Attorney to conduct prosecutions, 73. District Attorney to defend actions against, 73. SheriflT, duties with respect to, 73. Licenses, Deputy Sheriff to collect, 73. Street Commissioner, Sheriff may designate a deputy as, 73. Persons convicted of violating ordinances, how disposed of, 73. County Treasurer, duties of and liability, 73. County Treasurer, compensation of, 74. County Clerk, duties and compensation, 74. Meetings of County Commissioners and compensation, 74. Provisions of Act not to apply to county business, 75. Petition required before Act to take effect, 75. Conflicting Acts repealed, 75. TRAVIS, W. S.- Leave of absence granted to, 230^ TREASURER OF STATE— Duties concerning legislative funds, 45. To pay warrant favor of Mrs. Carrie Pixley, 53. Authorized to appoint a deputy, 59. To pay warrant for salary of deputy, 60. To notify County Treasurers to settle State stamp accounts, 64. To turn over State stamps to Controller of State, 65. To be credited with stamps lost by defalcation, upon settlement, 65. Sureties of Eben Rhoades, late, released, 99. 422 INDEX. TREASURER OF STATE— (Continued.) To pay warrant favor of Webber & Collins, 103. Director of State Orphans' Home, 103, 192. To pay warrant favor John B. Helm, 110. To pay warrant favor Francis S. Armistead, 110. To pay warrant favor of California Institution for Education of Deaf, etc., 111. To pay warrant favor of Alexander Leport, 112. ^ To pay warrant favor of Calvin Swift, 112, Selection and sale of State lands, duties with respect to, 121-124. To pay warrant for salary of Deputy State Register, 125. To pay warrant favor of E. Perasich, 130. To pay warrant for salary of teacher in State University, 167, Investment of Irreducible University Fund, to make, 167. To pay warrant favor Imperial Silver Mining Company, 169. Safe keeping of State moneys, bonds, etc., duties with respect to, 171. Using public funds, inhibited from, 171. To return certain bank check vouchers to Controller of State, 172. To be credited with amount of certain bank checks, 172-173. Books, papers, etc., open to inspection, 175. Monthly report to Controller, to make, 175. Penalty for failure to comply with Act, 175. Annual report, to transmit copy to State Printer for printing, 175. Distribution of annual report, 175-176. To pay warrants for enrolling, 179. Canceled warrants, not to pay, 180. To transfer amount of canceled warrants to General Fund, 180. To pay warrants drawn on General Fund, to pay claims on Legislative Fund, 181, To pay warrants drawn for salary of Lieutenant Governor, 186. To pay warrants favor of Bonnifield and Healy, 222. TRIPLETT, T. W.— Act for relief of, 129. u UNIVERSITY— See State University. VAGRANTS AND VAGRANCY— Act concerning, 189-190. Vagrants defined, 189-190. Punishment of, 190. Labor on public works, may be required to, 190. w WAGES— Act to protect wages of labor, 76-77. Made preferred claims, 76. Amount preferred, and when rendered, 76. Due from estates of deceased persons, made preferred claims, 76. Notice by claimant to officer executing process, 76. ift^MAl. INDEX. 423 ■ WAGES— (Continued.) Action to enforce disputed claim, 76-77. Claims to be paid pro rata, when, 77. WASHOE COUNTY— District Attorney of, salary of, 60. County Treasurer of, salary of, 61. Hospital debt of. Act to fund, 87-88. Tax, County Commissioners to levy, 87. Assessment and collection of tax, 87. Hospital Kedemption Fund, created, 87. Kedemption of County Hospital indebtedness, how made, 87. Accepted bids, how paid, 88. Balance of Fund transferred to General Fund, 88. Act to take effect, 88. Building Fund, Act to transfer from Building to Indigent Sick Fund, 89. Transfer by County Commissioners, 89. Funds transferred to be replaced, 89. Act to take effect and be in force, when, 89. Act for temporary use of moneys of Building Fund, 92-94. Moneys in Building Fund applied to purchase of other county indebted- ness, 92-93. Notice of sealed proposals, 94. Bids and proposals, how disposed of, 93-94. Moneys to be returned to Building Fund, when, 94. Discount, no claim to be purchased without some, 94. Second Judicial District, to form part of, 145. Auditor of, salary of, 171. School bonds. Act to authorize Trustees of District No. 10 to issue, 174. Bonds, when to issue, 174. Amount of, and interest on bonds, 174. WEBBER, R.— Act for relief of, 103. WHITE PINE COUNTY— Act to consolidate and fund indebtedness of, 146-150. Board of Funding Commissioners created, 146. Funding Commissioners, duties of, 146-147. Bonds to be issued, how made, signed, etc., 146. Bonds, how and when paid, 147. Account of bonds issued, how kept, 147. Interest coupons to be annexed to bonds, 147. What warrants and accounts may be fuhded, 147. ^ Warrants to issue for fractional sums, 147. Redeemed bonds, now disposed of, 147. Tax for payment of interest, to be levied, 148. Treasurer to provide for payment of interest, 148. Sinking Fund created, 146. Redemption of bonds, provisions for, 148-149. Sealed proposa^, 149. Interest on bonds, when to cease, 149. jB'o rata payment of bids, when made, 149. 424 INDEX. ■ WHITE PINE COUNTY— (Continued.) Preference in payment, what bonds to have, 149. Treasurer to keep account of Sinking Fund, 149. Expenses of preparing bonds, how paid, 149. Compensation of Funding Commissioners, 150. Notice of funding, when and how given, 150. Payment of warrants made unlawful, etc.,. 150. Penalty for disobedience of provisions of Funding Act, 150. Grand Jury, Act to be given in charge to, 150. District Court, powers and duties of, in connection with funding, 150. Fines to be paid into County School Fund, 150. Acts repealed, 150. Act for relief of, 188-189. Moneys received by, from sureties of Lewis Cook, to be carried into proper Funds, 189. State's claim to moneys received by, from sureties of Lewis Cook, released, 189. Eastern Nevada Railroad Company bonds to issue to, 219-221. Special railroad tax to be levied, 221. See Eastern Neyada Bailroad Company. WILLS— Amendatory Act concerning, 102. Married women may dispose of separate property absolutely, 102. See Husband and Wife. ■•■ita — — -^ g , It