[Rev. 1/24/2023 11:36:17 AM]
κ1866 Statutes of Nevada, Page 45κ
LAWS OF THE STATE OF NEVADA,
Passed at the
SECOND SESSION OF THE LEGISLATURE, 1866.
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Chapter I.An Act to Create Certain Funds.
(Approved January 11, 1866.)
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the salaries of the members and attaches of the present Legislature, the mileage of the members, and the incidental expenses of the same, the Treasurer of State is hereby authorized and required to set apart, from the first moneys coming into the General Fund, not otherwise specifically appropriated, the sum of sixty thousand dollars, which shall constitute a fund, to be denominated The State Legislative Fund. Any deficiency that may exist in the Legislative Fund of the last session may also be paid out of the Legislative Fund hereby created. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the present Senate and Assembly, for mileage and compensation due, when duly certified to him in accordance with law. Sec. 2. The State Treasurer is authorized and required to set apart, from the first moneys coming into the State Legislative Fund, created by section first of this Act, the sum of six thousand dollars-three thousand of which shall constitute the Contingent Fund of the Assembly, and three thousand the Contingent Fund of the Senate. The said Contingent Funds shall be under the exclusive control of the Senate and Assembly, respectively. Each house may direct the payment of moneys from its own Contingent Fund, by resolution, and the Controller of State is authorized and required to draw his warrants in accordance therewith. Said funds are hereby exempted from the operation of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February 7th, 1865. |
State Legislative Fund created.
Contingent funds.
Contingent funds to be under exclusive control of Senate and Assembly. Exempt from Act relating to Board of Examiners. |
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Money remaining to revert to general fund |
Sec. 3. Any moneys that may remain in either of the Funds created by this Act, upon the adjournment of the Legislature, shall revert to the General Fund. |
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Sections 2 & 3, of Act repealed. |
Chap. II.An Act entitled an Act to repeal sections two and three of an Act entitled An Act for the relief of S. L. Baker and Alfred James, late Probate Judges of Nye and Churchill Counties, approved January 20th, 1865.
[Approved January 12, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections two and three of an Act entitled An Act for the relief of S. L. Baker and Alfred James, late Probate Judges of Nye and Churchill Counties, approved January 20th, 1865, is hereby repealed. |
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Preamble.
Act to apply to corporations formed prior to its passage.
Orders, decrees, etc., made prior to March 10, 1865, ratified |
Chap. III.An Act to extend the provisions of an Act entitled An Act to provide for the formation of Corporations for certain purposes, approved March 10, 1865, to Corporations created prior to that time; and to confirm proceedings taken for the purpose of disincorporating Corporations, and for the purpose of increasing the capital stock of Corporations.
[Approved January 16, 1866.]
Whereas, it is doubtful whether certain sections of the Act referred to above, apply to Corporations created and formed prior to the passage of said Act. Therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled An Act to provide for the formation of Corporations for certain purposes, approved March 10, 1865, and each section and provision thereof, shall apply to all Corporations created or formed, or doing business in this State, or the late Territory of Nevada, prior to the passage of said Act, and shall constitute the rule for the government and management of the affairs and business of such Corporations. Sec. 2. All orders or decrees made by any Court or Judge in this State, since March the tenth, one thousand eight hundred and sixty-five, disincorporating or dissolving any corporation created or formed, or doing business in this State, or the late Territory of Nevada, |
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late Territory of Nevada, prior to said date, and all certificates of the proceedings of stockholders meetings of such corporations, held for the purpose of increasing or diminishing the amount of the capital stock of the same, are hereby ratified, confirmed and made valid; and all orders made as aforesaid, and all proceedings had and taken in pursuance to and by virtue thereof, are hereby ratified and made valid; and all the certificates aforesaid, having for their object the increase or diminution of the capital stock of such corporations, and filed as provided in section two of said Act of March tenth, are made valid, and from the time of the filing thereof, the capital stock of the corporation named in any such certificate, shall be deemed increased or diminished as therein provided; and all proceedings subsequently had and done under, in pursuance to, and having reference to said certificate, and the laws applying thereto, shall be valid and effectual for all purposes. |
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Chap. IV.An Act authorizing issuance and sale of certain State Bonds, and levying a tax to provide means for the payment thereof.
[Approved January 19, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. By virtue of the power granted to the Legislature by the third section of article nine of the Constitution of this State, and in order to obtain money to pay the necessary expenses of the State Government for the second fiscal year, and provide means for the redemption of such outstanding bonds as may fall due, and for the purpose of keeping the finances of the State upon a cash basis, the issuance and sale of bonds of the State, not exceeding in amount the sum of two hundred thousand dollars ($200,000) is hereby authorized, which bonds shall be payable at the office of the State Treasurer, and shall not run longer than one year from their date. They shall be dated when issued, and shall bear a rate of interest not exceeding one and one-half per cent. per month. The interest shall be payable semi-annually at the office of the State Treasurer. Said bonds shall be redeemable at the option of the State Treasurer, at any time within one year from the date of their issuance. Sec. 2. The bonds to be issued pursuant to the provisions of this Act, shall be signed by the Governor, and countersigned by the Controller, and indorsed by the State Treasurer, and shall be authenticated with the great seal of this State. Coupons for the payment of the interest thereon, shall be so attached that they can be removed without injury to the bonds. Sec. 3. The State Treasurer is hereby made Commissioner to negotiate the sale of the bonds provided herein to be issued, and said Commissioner shall negotiate the sale of such an amount thereof as he shall find necessary for the benefit of the State, and at such times, and bearing such rate of interest, not exceeding one and one half per cent. |
Issuance and sale of bonds authorized.
Coupons.
Commissioner to sell bonds. |
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Report to Controller.
Bonds to be sold for, and redeemed in gold and silver coin. Pledge. Tax levied and set apart to pay principal and interest.
Pledge.
Appropriation to pay expenses of procuring and selling bonds. |
thereof as he shall find necessary for the benefit of the State, and at such times, and bearing such rate of interest, not exceeding one and one half per cent. per month, as he shall find necessary, in order to secure the sale thereof, at par. None of said bonds shall be sold at less than their par value. Said Commissioner shall report monthly to the Controller of State the amount, number, date and rate of interest of all bonds sold by him pursuant to the authority herein given, and shall, without delay, pay the proceeds of all bonds sold into the State Treasury, in gold and silver coin of the United States. The said Commissioner is hereby authorized and required to cause said bonds to be prepared, payable to the parties, or their assigns, to whom issued; but not bonds shall be issued for a sum less than one thousand ($1,000) dollars. The State Treasurer is authorized and required to pay the interest on any bonds issued pursuant to the provisions of this Act, whenever the same becomes due. Sec. 4. No bonds issued and sold under the provisions of this Act shall be sold for, or redeemed in, any currency except gold and silver coin of the United States, both principal and interest. The faith of the State is hereby solemnly pledged to their redemption, both principal and interest, in United States gold and silver coin only. Sec. 5. There shall be levied and collected for the fiscal year commencing January first, in the year of our Lord one thousand eight hundred and sixty-six, and annually thereafter, until all the bonds issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax of ninety-five cents on each one hundred dollars of the taxable property in this State; and so much of the revenue derived from said tax as may be necessary, is hereby set apart, appropriated and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State, issued in pursuance of the provisions of this Act. The tax hereinbefore levied is, and shall be, considered and held to be a portion of the aggregate tax of one per cent. allowed and provided by the Constitution to be levied and collected annually for State purposes, and for the payment of any debt contracted by the State-which shall be first applied to the payment, both principal and interest, of all bonds issued pursuant to the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any way diverted from the State Treasury for any other purpose than paying bonds, both principal and interest, issued pursuant to the provisions of this Act, unless at the time there is a greater sum in said Treasury derived from said tax than is required for such payment of said bonds. The sum of two thousand dollars, or so much thereof as may be necessary from the proceeds of the sale of the bonds specified in this Act, is hereby appropriated to pay the expenses of procuring said bonds, selling them, and placing the proceeds of their sale in the State Treasury. Sec. 6. In case the aforesaid tax, or any portion thereof, should, by virtue of any judicial decision, or any law hereafter enacted, |
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enacted, be assessed and collected in the legal tender notes of the United States, then the State Treasurer is authorized and required, at such time or times as the principal or interest, or both, of the bonds issued in pursuance of this Act, shall become or be made due and payable, to sell in the money market at the then ruling rate, such amount of said legal tender notes as will realize a sufficiency of gold and silver coin of the United States to meet such payment or payments. If the State Treasurer shall neglect or refuse to comply with the provisions of this section, he shall be deemed guilty of a misdemeanor, and shall be liable to impeachment, as provided in the Constitution of the State. |
Duty of Treasurer when tax assessed and collected in legal tender notes.
Impeachment. |
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Chap. V.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 November 26, 1861.
[Approved January 22, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and eighty of an Act entitled An Act to regulate proceedings in Criminal Cases in the courts of justice in the Territory of Nevada, approved November 26, 1861, is hereby amended so as to read as follows: Section One Hundred and Eighty. A challenge to an individual grand juror may be interposed for one or more of the following causes, and for no other: First-That he is a minor. Second-That he is an alien. Third-That he is insane. Fourth-That he is the prosecutor upon a charge or charges against the defendant. Sec. 2. All Acts and parts of Acts, inconsistent with this Act, are hereby repealed. |
Challenge to individual Grand Juror |
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Chap. VI.An Act to amend an Act entitled An Act to create the office of State Printer, define the duties and compensation thereof, and provide for the time and manner of election, approved January 10, 1865.
[Approved January 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five, of the Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Five. The State Printer shall print the laws, together with the Constitution of the State of Nevada; |
What to be printed by the State Printer. |
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To publish in newspaper.
Number of documents to be printed
Secretary of State to furnish copies o Journals. Proof sheets.
Index to be made. When Journals to be delivered.
Proviso.
Compensation of Secretary of State.
Number of laws, etc., to be printed. |
gether with the Constitution of the State of Nevada; also the Journals of the Legislature, and all public documents ordered to be printed by the Legislature, and blanks for the Supreme Court; and all forms and blanks that may be required to supply the offices of the Governor, Secretary of State, Controller, Treasurer of State, Superintendent of Public Instruction, Attorney-General, Adjutant-General, Surveyor-General, and shall also print the bills, resolutions and other job printing which may be ordered by either house of the Legislature; and shall publish, in a daily or weekly newspaper, all proclamations, orders, notices and advertisements of the State officers above enumerated, that now or hereafter may be required to be published by law, such as the said officers may consider to be for the public interest of the State; and shall do all other printing for the State, unless otherwise expressly ordered by law. Sec. 2. Section six of said Act is hereby amended so as to read as follows: Section Six. Whenever any message, report or other document, in book form, is ordered printed by either house, three hundred copies, in addition to the number ordered, shall be struck off, and be retained in sheets, by the Printer, to be bound with the Journals of the house ordering, as an appendix. Whenever any bill is ordered printed, one hundred copies shall be deemed the number ordered, unless the house ordering the same specially order a different number. Sec. 3. Section eight of said Act is hereby amended so as to read as follows: Section Eight. The Secretary of State shall, within sixty days after the adjournment of each session of the Legislature, furnish to the State Printer full copies of the Journals of both houses. The State Printer shall, within sixty days thereafter, print the same, and deliver proof sheets, for correction, to the Secretary of State; and whenever corrected proof will complete a form, shall deliver the same, in form, to the Secretary of State for indexing; who shall, within ten days thereafter, make out and deliver to the State Printer an index to each Journal; and the said State Printer shall, within thirty days thereafter, print and deliver to the Secretary of State such number of copies of the Journals aforesaid, bound in volumes, with the appropriate index thereto, as herein provided; provided, that none of the provisions of this section shall apply to the Journals of the Assembly for the present session; but, so far as said Journals are concerned, section eight of the Act of which this is amendatory, shall remain in full force and effect; and, further provided, that the Secretary of State shall be allowed a compensation not to exceed the sum of one hundred and eighty dollars for copying the Journals of the Senate for the present session, and a sum not to exceed five hundred and forty dollars for copying the Journals of both houses for any subsequent session. Sec. 4. Section nine of said Act is hereby amended so as to read as follows: Section Nine. There shall be printed, of the laws, resolutions and memorials of each session of the Legislature, six hundred copies; of the Journals of the Senate and Assembly, there shall be printed three hundred copies each, in one or in two volumes, as may be required by the size thereof, and as the Secretary of State may direct. |
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hundred copies; of the Journals of the Senate and Assembly, there shall be printed three hundred copies each, in one or in two volumes, as may be required by the size thereof, and as the Secretary of State may direct. |
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Chap. VII.An Act to amend an Act entitled An Act to regulate Fees and Compensation for Official and other services in the State of Nevada, approved March 9, 1865.
(Approved January 26, 1866.)
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-four of an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five, is hereby amended so as to read as follows: Section Twenty-four. All fees prescribed in this Act shall be payable in advance, if demanded, and if any officer shall not have received any or all of his fees, which may be due him for services rendered by him in any suit or proceedings, he may have execution therefor, in his own name, against the party or parties from whom they are due, to be issued from the Court where the action is pending, upon the order of the Judge or Court, upon affidavit filed. Sec. 2. This Act shall take effect from and after its passage. |
Fees payable in advance.
Officer may have execution. |
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Chap. VIII.An Act for the Relief of Hiram Welch.
[Approved January 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners, of Humboldt county, are hereby authorized to order the Auditor of said county to draw a warrant on the general fund of Humboldt county, for three hundred and sixty dollars, or so much thereof as may be equitably due, in favor of Hiram Welch, for services rendered in assessing said county in the year eighteen hundred and sixty-four. And it is hereby made the duty of the Auditor of said county to draw such warrant whenever ordered so to do by said County Commissioners, any Act or part of an Act to the contrary notwithstanding. |
Board of County Commissioners authorized to order Auditor to draw warrant. |
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Act repealed. |
Sec. 2. An Act entitled An Act for the relief of Hiram Welch, passed January eighteenth, eighteen hundred and sixty-five, is hereby repealed. Sec. 3. This Act to take effect from and after its passage. |
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Acknowledgements of conveyances, etc., before whom taken.
Instruments may be secured. Proviso.
Act not to affect vested rights. |
Chap. IX.An Act to amend an Act entitled An Act concerning the Acknowledgment of Conveyances, approved February 20, 1864.
[Approved January 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
[Section 1.] Section first of said Act is hereby amended so as to read as follows: Section One. Acknowledgments of powers of attorney or of deeds, conveyances, or of other instruments affecting real estate, within this State, taken at any time out of this State, but within some other State or Territory of the United States, before any Notary Public, Justice of the Peace, or other officer authorized by the law of such State or Territory, or of this State, to take such acknowledgments, shall be deemed and held good and valid; and all powers of attorney, deeds, or other instruments, acknowledged as aforesaid, and certified by the officer taking the same, may be recorded as other such instruments, and read in evidence in any of the Courts of this State; provided, however, that a certificate of the Secretary of State or the Territory, or a Judge or a Clerk of a Court having a seal, with the impression of such seal attached, as to the official character of such Notary Public, Justice of the Peace, or other officer, shall accompany the certificate of the officer or person taking the acknowledgments aforesaid. Sec. 2. Section second of said Act is hereby amended so as to read as follows: Section Two. But no such instrument, already recorded, shall be construed to impart notice prior to the passage of this Act, nor shall anything in this Act be so construed as to affect any rights vested or accrued at the passage of this Act. |
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Chap. X.An Act for the Relief of Certain Officers of the Virginia Fire Department.
[Approved January 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Mayor and Board of Aldermen of the City of Virginia are hereby authorized and required to audit and allow, |
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allow, and the City Treasurer is hereby authorized and directled, to pay out of the first moneys coming into the Genera-Fund-provided there be not a sufficiency therein for the purpose at the time of the passage of this Act-the demands of the Chief Engineer, First and Second Assistant Engineer, and Secretary of the Virginia Fire Department, for such amounts as will, in addition to the sums already received by them, increase their respective compensation to the maximum annual salaries allowed by section thirty-six of an Act entitled An Act to incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto, approved March 4th, 1865. Said officers shall hereafter be paid said maximum salaries, and no less, during their present term of office. |
Mayor and Aldermen required to audit and allow certain demands due officers of fire department. |
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Chap. XI.An Act to amend an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January 26, 1865.
[Approved January 31, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty of said Act is hereby amended so as to read as follows: Section Fifty. No Court shall be open, nor shall any judicial business be transacted on Sunday, on New Years Day, on the Fourth of July, on Christmas Day, on Thanksgiving Day, on Washingtons Birthday, or on a day on which the general election is held, except for the following purposes: First, to give, upon their request, instructions to a jury, then deliberating on their verdict. Second, to receive a verdict or discharge a jury. Third, for the exercise of the powers of a Magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth, for the issue of a writ of attachment, which writ may be issued on each and all of the days above enumerated, upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averments, as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ, to wait till a subsequent day for the issuance of the same. And all proceedings instituted, and writs issued, and official acts done, on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect, of proceedings commenced on other days, whether a lien be obtained or a levy made, under and by virtue of said writ. Sec. 2. All Acts, and parts of Acts, inconsistent with this Act, are hereby repealed. |
When courts shall not be open. Exceptions.
Additional averments.
Proceedings valid.
Repeal. |
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Corporate authorities, etc., after entry of land occupied as a town site required to convey title.
le to be conveyed to person having equitable title at time of entry.
Rights of persons not impaired.
Deed to be executed so as to admit same to record.
Notice to be given within thirty days after receipt of patent. |
Chap. XII.An Act prescribing rules and regulations for the execution of the trust arising under the Act of Congress, entitled An Act for the Relief of Citizens of towns upon lands of the United States, under certain circumstances, approved May 23, 1844.
[Approved January 31, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When the corporate authorities of any town, or the Judge or Judges of the Court for any county in this State, in which any town may be situated, shall have entered at the proper land office, the land, or any part of the land settled and occupied as the site of such town, pursuant to, and by virtue of the provisions of the Act of Congress, entitled An Act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances, passed May twenty-third, eighteen hundred and forty-four, it shall be the duty of such corporate authorities, or Judge or Judges, as the case may be, and they are hereby directed and required to dispose of, and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter described, and in the manner hereinafter specified. Sec. 2. Any such corporate authorities, or Judge or Judges, holding the title to any such lands in trust, as declared in the said Act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same, to the person or persons who shall have, possess, or be entitled to the right of possession, or occupancy thereof, according to his, her or their several and respective right or interest in the same, as they existed in law or equity, at the time of such entry of such lands, or to his, her or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease, or sale, from one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance. Every deed of conveyance to be made by such corporate authorities, or by such Judge or Judges, pursuant to the provisions of this Act, shall be so executed and acknowledged as to admit the same to be recorded. Sec. 3. Within thirty days after the receipt by them or him of a patent for such lands, the corporate authorities, or Judge or Judges entering the same, shall give public notice thereof by publishing such notice in a newspaper printed and published in the county in which such town shall be situated, or in case there shall not be any newspaper published in such county, then in some newspaper printed and published at the seat of government of this State. Such notice shall be so published once in each week, for at least three successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the certificate or patent. |
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shall contain an accurate description of the lands so entered, as the same is stated in the certificate or patent. Sec. 4. Each and every person or association, or company of persons, claiming to be an occupant or occupants, or to have, possess, or to be entitled to the right of occupancy or possession of such lands, or any block, lot, share, or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his, her or their duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel, or parts, in which he, she or they claim to have any interest, and the specified right, interest or estate therein, which he, she or they claim to be entitled to receive, and deliver the same to, or into, the office of such corporate authorities, Judge or Judges; and all persons failing to sign and deliver such statement within the time specified in this section, shall be forever barred the right of claiming or recovering such lands, or any interest or estate therein, or in any part, parcel or share thereof, in any court of law or equity. Sec. 5. Should two or more persons claim title to any lot or lots, or parcels of land within the boundaries of such town, the corporate authorities, or Judge. or Judges, entering the same shall, immediately after the time for filing claims has expired, certify and transmit all proceedings and papers, had or being before them or him in the premises, to the District Court of the proper county. Upon the receipt of the papers, properly certified, and upon payment of court fee and costs, the Clerk of such District Court shall enter the case upon the register of actions, and thereafter the cause shall be proceeded with in all respects as in cases originally brought in said Court. Upon the final determination of such contest, the Clerk of the District Court, or Supreme Court, as the case may be, shall forthwith certify the decision to the corporate authorities, or Judge or Judges; and upon the receipt of such decision, duly certified, the corporate authorities, or Judge or Judges, shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels, of land in controversy. Sec. 6. Any party in such action deeming himself or herself aggrieved by the determination or judgment therein, may appeal therefrom to the Supreme Court, as in other cases. Sec. 7. After the issuance of the patent for such lands, it shall be the duty of the corporate authorities, or Judge or Judges, to whom such patent shall issue, to make out, execute and deliver to each person who may be legally entitled to the same, a deed in fee simple, for such part or parts, lot or lots, of land, on payment of his proper and due proportion of the purchase money for such land, together with his proportion of such sum as may be necessary to pay for streets, alleys, squares and public grounds, not exceeding twenty-five cents for each lot, and also such further sums as shall be a reasonable compensation for preparing, executing and acknowledging such deed, not exceeding the sum of six dollars for the first, and fifty cents for each additional lot, claimed by the same owner, for counsel fee and for moneys expended in the acquisition of the title, and the administration or execution of the trust, |
Claimant required to sign statement in writing.
When barred.
When proceedings to be certified to District Court.
Conveyance to be made on final determination of contest.
Appeal.
Deed to be made on payment of proportion of purchase money and expenses. |
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When lands to be sold.
Trustees may discharge trust after going out of office.
When successor may execute trust.
Patent or title to be recorded.
Lands not claimed, how disposed of. |
the administration or execution of the trust, including reasonable charges for time and services employed in such trust, not exceeding one dollar and fifty-five cents for each lot; and the foregoing charges shall be full payment of all expenses attending the execution of the trust, except revenue stamps. Sec. 8. If all the lots, blocks, shares or parcels of such lands are not legally conveyed to the proper owners before the expiration of ninety days after the same has been passed upon by the corporate authorities, or Judge or Judges, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such town, after paying their proportionate part of the purchase money and other expenses, including expenses incurred by publication and sale. Sec. 9. Any corporate authorities, or Judge or Judges, becoming a trustee under the Act of Congress relating to the relief of citizens of towns upon the lands of the United States, who shall, prior to the final execution of their trust, as provided in this Act, go out of office, shall be authorized, and they are hereby empowered, to discharge and execute all trusts which they may have assumed, in all respects, in the same manner, and subject to the same duties and requirements as in the first instance. Sec. 10. In case of death, removal from the State, or other disability of the trustee to execute the trust created by the Act of Congress, as provided in this Act, it shall be lawful for the corporate authorities, or Judge or Judges, of the county in which any such town site is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized, and they are hereby empowered to execute the same, in all respects, in the same manner, subject to all the duties and requirements as provided in this Act. Sec. 11. Whenever the corporate authorities, or Judge or Judges, shall have received a certificate of entry, patent, or other evidence of title to the real estate embraced within the limits of any town, it shall be the duty of said corporate authorities, or Judge or Judges, to cause the same to be recorded in the land records of the proper county; and to entitle said certificate of entry, patent, or other evidence of title to be recorded by the County Recorder, it shall not be necessary to present, or make, nor shall the County Recorder require, any oath or affirmation that all, or any part, of the taxes for county and State purposes, assessed, due or payable upon said real estate, have been paid. Sec. 12. All lots, blocks, shares or parcels of land within the boundaries of such town, which shall not have been claimed as provided in section four of this Act, shall, after the limitation provided in said section four has expired, be disposed of as provided in section eight of this Act. |
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Chap. XIII.An Act to Legalize the Acts of Edward Coldren, Thomas Plain and Wm. H. Taylor, as County Commissioners of Churchill county, during the year one thousand eight hundred and sixty-five.
[Approved January 31, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All acts of Edward Coldren, Thomas Plain and Wm. H. Taylor, as County Commissioners of Churchill county, during the year one thousand eight hundred and sixty-five, and all proceedings had by them, so far as said Commissioners have acted in conformity to the laws of this State, concerning Boards of County Commissioners, are hereby legalized and confirmed. |
Acts, etc., legalized. |
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Chap. XIV.An Act defining the Duties of State Treasurer.
[Approved February 2, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Treasurer shall keep his office at the seat of government, and not absent himself from the State for more than thirty days at any one time, without leave of absence from the Legislature. Sec. 2. He shall be commissioned by the Governor; but before such commission shall issue, and before entering upon the duties of his office, he shall take the oath of office prescribed by law, to be endorsed upon his commission, and shall execute, and deliver to the Governor, a bond, payable to the State, in the sum of one hundred thousand dollars, with sureties, to be approved by the Board of Examiners, conditioned for the faithful performance of all the duties which may be required of him by law, and for the delivery, to his successor in office, of all books, papers, moneys, vouchers, sureties, evidences of debt, and effects belonging to his said office. Sec. 3. The Secretary of State shall procure, and deliver to the Treasurer, a seal of office, with some suitable device, and having engraved around the margin thereof the words: Office of the Treasurer-Nevada; a description of which seal shall be retained in the office of the Secretary of State, as a record. Said seal shall be used to authenticate all writings, papers and documents certified from such office. Until such seal is procured, the Treasurer is authorized to use his own private seal. Sec. 4. He shall receive and keep all moneys of the State not expressly required by law to be received and kept by some other person; |
Treasurer to keep office at seat of Government.
Commission and qualification.
Official seal |
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To receive and disburse public moneys.
Annual report.
Books, etc., to be open to inspection
Report to Controller.
Prohibited from using moneys.
Willful neglect of duty deemed misdemeanor.
Vacancy, how supplied
May administer oaths. |
not expressly required by law to be received and kept by some other person; shall receipt to the Controller for all moneys received, from whatever source, and at the time of receiving the same; shall disburse the public moneys upon warrants drawn upon the Treasury by the Controller of State, and not otherwise. Such warrants shall be registered, and paid in the order of their registry. He shall keep a just, true and comprehensive account of all moneys received and disbursed, and shall deliver to his successor in office all moneys, records, books, papers, and other things belonging to his office, in good order; and keep his office open, for the transaction of business, from ten oclock a. m. until four oclock p. m., of every day of the year, Sundays and other non-judicial days excepted. Sec. 5. He shall deliver to the Governor, on the first day of January, or within ten days thereafter, annually, a full exhibit of all moneys received by him into and paid out of the Treasury, showing, under separate and appropriate heads, on what account and from what sources received, and for what particular object or service the same has been paid out by him; and shall give information, in writing, to either house of the Legislature, whenever required, upon any subject connected with the Treasury, or any duty of his office. Sec. 6. The books, papers, and transactions of his office, shall be open at all times for the inspection of the Governor, Controller, Board of Examiners, of either house of the Legislature, or of any committee thereof, or person authorized by law. He shall report to the Controller of State, during the first three days of each month, the complete operations of the Treasury 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. Sec. 7. The Treasurer is hereby made responsible, upon his official bond, for all moneys received by him belonging to the State, and is hereby prohibited from using, or loaning, or borrowing the same, for any purpose whatever, except as provided by law. Sec. 8. If the Treasurer shall willfully neglect, or refuse, to perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of misdemeanor in office. Sec. 9. In case of the death, impeachment, absence, or disability of the Treasurer, the Governor shall make an appointment of some suitable person to perform the duties of the office until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath of office and execute the bond required of the Treasurer, and shall receive the same compensation as is allowed by law to the Treasurer, in proportion to the time he shall be engaged in such service. Sec. 10. The Treasurer shall have power to administer all oaths or affirmations required or allowed by law, in matters touching the duties of his office, and shall perform all duties, not enumerated in this Act, which may be enjoined by law. |
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touching the duties of his office, and shall perform all duties, not enumerated in this Act, which may be enjoined by law. Sec. 11. The compensation of the Treasurer shall be thirty-six hundred dollars per annum. |
Compensation. |
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Chap. XV.An Act to amend an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January 26, 1865.
[Approved February 5, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1.-Section seventeen of said Act is amended so as to read as follows: Section 17. The District Courts shall, severally, have original jurisdiction in all cases in equity; also, in all cases at law which involve the title, or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine; also, in all actions to foreclose mechanics liens; and in all cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds three hundred dollars; also, in all cases relating to the estates of deceased persons, and the person and estates of minors, idiots, and insane persons, and of the action of forcible entry and unlawful detainers; 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 exercise of their jurisdiction; and also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts. |
Original jurisdiction.
Appellate jurisdiction.
Power to issue writs. |
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Chap. XVI.An Act to secure Persons and Animals from danger arising from mining and other excavations.
[Approved February 8, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons, company or corporation, who shall hereafter dig, sink or excavate, or cause the same to be done, |
Safeguards required to be erected around excavations. |
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Notice of violation of section one, may be filed. What notice shall state.
Upon filing of notice, the Justice or Judge to issue an order, etc.
What notice shall require
Liable to fine in addition to judgment.
Suits to be in the name of the State of Nevada. |
be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated, for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon, or abandoned the same, erect, or cause to be erected, good and substantial fences, or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to securely guard against danger to persons and animals, from falling into such shafts or excavations. Sec. 2. Any person being a resident of the county, and knowing, or having reason to believe, that the provisions of section one of this Act are being, or have been violated within such county, may file a notice with any Justice of the Peace or Police Judge therein, which notice shall be in writing, and shall state: First-The location, as near as may be, of the hole, excavation or shaft. Second-That the same is dangerous to persons or animals, and has been left, or is being worked contrary to the provisions of this Act. Third-The name of the person or persons, company or corporation, who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth-If abandoned, and no claimant; and, Fifth-The estimated cost of fencing, or otherwise securing the same against any avoidable accidents. Sec. 3. Upon the filing of the notice, as provided for in the preceding section, the Justice of the Peace, or Judge of the Police Court, shall issue an order, directed to the Sheriff of the county, or to any Constable or City Marshal therein, directing such officer to serve a notice, in manner and form as is prescribed by law for service of summons upon any person or persons, or the authorized agent or agents, of any company or corporation named in the notice on file, as provided in section two of this Act. Sec. 4. The notice thus served shall require the said persons to appear before the Justice or Judge issuing the same, at a time to be stated therein, not more nor less than three days from the service of said notice, and show, to the satisfaction of the Court, that the provisions of this Act have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this Act, which judgments and fines shall be adjudged and collected as provided by law. Sec. 5. Suits commenced under the provisions of this Act shall be in the name of the State of Nevada, and all judgments and fines collected shall be paid into the county treasury for county purposes. |
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Sec. 6. If the notice filed with the Justice of the Peace, or Police Judge, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, said Justice of the Peace, or Judge, shall notify the Board of County Commissioners of the county, or either of them, of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced, or otherwise guarded, as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid, first, out of the fines and judgments collected in accordance with the provisions of this Act, as other county expenses; provided, that nothing herein contained shall be so construed as to compel the County Commissioners to fill up, fence, or otherwise guard, any shaft, excavation or hole, unless in their discretion the same may be considered dangerous to persons or animals. |
When excavation is abandoned, County Commissioners may fence same.
How expenses to be paid. Proviso. |
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Chap. XVII.An Act to provide for constructing and maintaining Telegraph Lines in the State of Nevada.
[Approved February 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons, company, association, or corporation, desiring to do so, may construct and maintain, or if already constructed, may maintain, or if partially constructed, may complete and maintain, within this State, a telegraph line or lines, by complying with section two of this Act. Sec. 2. The person or persons, or the president or the managing agent of the company, association or corporation mentioned in section one, shall make, sign and acknowledge, before some officer authorized by law to take acknowledgments of deeds, a certificate in writing, setting forth the name or names of the person or persons, company, association or corporation (as the case may be) by whom said line is to be operated, and the names of the points or places constituting the termini of said line within this State, and a general description of the route of said line, and shall file, and cause the same to be recorded, in the office of the Secretary of State, for which said person or persons, company, association or corporation shall pay the Secretary of State, for the benefit of the Library Fund, the sum of five dollars, and also twenty-five cents for each folio contained in said certificate. The record of said certificates shall give constructive notice to all persons of the matter therein contained, and the work of constructing such line, if not already commenced or completed, within thirty days after the filing of the certificate aforesaid, and shall be continued, with all reasonable dispatch, until completed. |
Telegraph lines may be constructed.
To sign and acknowledge certificate.
File and record in office of Secretary of State.
Notice. |
κ1866 Statutes of Nevada, Page 62 (CHAPTER 17)κ
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May construct line over public or private lands, etc.
Proviso.
Rates to be posted at each office.
Misdemeanor.
Lines to be governed by general laws of State.
Proviso.
Right of way. |
Sec. 3. The person or persons, company, association or corporation named in the certificate (provided for in section two), and their assigns, may construct, or if constructed, maintain, or if partially constructed, complete and maintain, their line of telegraph, described in their certificate, filed as aforesaid, over and through any public or private lands, and along or across any streets, alleys, roads, highways or streams within this State; provided, they do not obstruct the same; and may operate the said telegraph line between the termini of the same, and have and maintain offices and stations at any city, town, place or point along said line, and shall be entitled to demand, receive and collect for dispatches and messages transmitted over such line such sum or sums as he, she, they, or the officers of the company, association or corporation (as the case may be) may deem proper. Sec. 4. The rates of charges so established shall be written, painted or printed, in a plain and legible manner, and posted in each office on such line; and if any person or persons, company, association or corporation, who shall construct, put in operation, and maintain any line of telegraph, shall demand or collect any higher or greater rates of charges than those specified and so posted, he, she or they, or the officers or agents of the company, association or corporation so doing, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction shall, for each offense, be punished, by fine, in any sum not exceeding one thousand, nor less than one hundred, dollars, and in default of payment of such fine, may, in the discretion of the court, be committed to the county jail until such fine be paid; one half of all such fines shall go to the informer, and one half to the School Fund of the county in which such prosecution is had, but in no case shall the county be responsible for the costs in any such prosecution. Sec. 5. Such line or lines of telegraph as may avail themselves of the provisions of this Act, shall also be governed, in all respects, by the general laws of the State regulating telegraph lines; do the business of side lines, and transmit all dispatches in the order in which they are received, under the penalty of one hundred dollars, and all damages sustained thereby, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order; provided, that arrangements may be made with publishers of newspapers for the transmission of intelligence of general and public interest out of its order; and, provided further, that preference may be given to official dispatches, for the detection and capture of criminals; messages on public business may be sent by the State of Nevada over such lines free of charge. Sec. 6. Any person or persons, company, association or corporation or their assigns, who are constructing, or who have already constructed, or who may propose to construct a line of telegraph, as provided in this Act, shall have the right of way for the same, and so much land as may be necessary to construct and maintain such line, and for this purpose may enter upon private lands along the line described in the certificate, for the purpose of examining and surveying the same, and where such lands cannot be obtained by the consent of the owner or owners, |
κ1866 Statutes of Nevada, Page 63 (CHAPTER 17)κ
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lands cannot be obtained by the consent of the owner or owners, possessor or possessors thereof, so much of the same as may be necessary for the construction of said line, may be appropriated by said person or persons, company, association, corporation, or their assigns (as the case may be), after making compensation therefor, as follows, to-wit: Said person or persons, company, association, corporation or the president or managing agent thereof, shall select one appraiser, and said owner or owners, possessor or possessors, shall select one, and the two so selected shall select a third, and the three shall appraise the lands sought to be appropriated, after having been first sworn before some officer authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief. If such person or persons, company, association, corporation or its agent, shall tender to such owner or owners, possessor or possessors, the appraised value of such lands, appraised as foresaid, he, she or they, or the agent, officers or employes of such company, association or corporation, shall be entitled to proceed in the construction, or if constructed, in the use of the line over the land so appraised, and may maintain said line over and upon said land, and at all times enter upon the same and pass over all adjoining lands, for the purpose of constructing, maintaining and repairing said telegraph line, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons, company, association, corporation, or its agent; and, provided further, that an appeal may be taken by either party, from the finding of the appraisers, to the district court of the district within which the land so appraised shall be situated, at any time within three months after such appraisement. Sec. 7. The owner or owners of any line or lines, constructed and maintained under, or availing himself, or themselves, or itself, of the provisions of this Act, shall at all times keep the same in as good condition and repair as may be practicable; and if such owner or owners shall fail to keep the same in such condition and repair, such failure shall work a forfeiture of all rights, privileges and franchise belonging to such owner or owners, or any person having any interest therein. Such franchise may be also declared forfeited on information in the nature of a quo warranto, in the manner provided by law. |
Appraisers.
Tender of appraised value.
Proviso.
Appeal may be taken.
Failure to keep lines in repair, to work forfeiture of franchise.
Quo warranto. |
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Number of Notaries Public to be appointed.
Proviso. |
Chap. XVIII.An Act to amend section one of an Act to amend an Act, passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the Appointment of Notaries and defining their duties, approved February 9, 1864, approved March 20, 1865.
[Approved February 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of an Act passed by the Legislature of the State of Nevada, entitled An Act to amend an Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, approved March twentieth, one thousand eight hundred and sixty-five, is hereby amended so as to read as follows: Section One. Section one of an Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, is hereby amended so as to read as follows: Section One. The Governor is hereby authorized to appoint and commission Notaries Public, in the several counties in this State, as follows: For Storey county, twelve; Lander county, sixteen; Nye county, twelve; Churchill county, four; Esmeralda county, five; Ormsby county, four; Humboldt county, twelve; Washoe county, six; Douglas county, three; Lyon county, eight; Roop county, two; and for any new county hereafter created, six; who shall hold office for the term of two years; provided, the Governor may at any time, for cause, revoke the commission of any Notary Public appointed under the provisions of this Act. |
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Taxes levied to create a fund for the erection of county buildings, legalized. |
Chap. XIX.An Act to legalize the levy and collection of Taxes for the Purchase or Erection of County Buildings in the several counties of this State, and to provide for the disposition thereof.
[Approved February 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That all levies and assessments of taxes, levied in any county of this State, for the fiscal year A. D. 1865, to create a fund for the purchase or erection of buildings for county purposes, are hereby legalized and declared valid; and all moneys heretofore collected, |
κ1866 Statutes of Nevada, Page 65 (CHAPTER 19)κ
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all moneys heretofore collected, or that may hereafter be collected, for such fund, on the assessment roll for said year, shall be set apart as a building fund, to be employed and used for the purchase or erection of county buildings, as may be hereafter provided by law, and for no other purpose, any law now in force to the contrary notwithstanding. |
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Chap. XX.An Act to secure Liens to Ranchmen and other persons.
[Approved February 14, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any ranchman, or other person or persons, keeping corrals, livery or feed stables, or furnishing hay, grain, pasture, or otherwise boarding any horse or horses, mule or mules, ox or oxen, or other animal or animals, shall have a lien upon and retain possession of the same, or a sufficient number thereof, until all reasonable charges are paid, or suit can be brought and judgment obtained for the amount of such charges, and execution issued and levied on said property; provided, nothing in this Act shall be so construed as to include any debt other than for the boarding, keeping or pasture of such animal or animals, together with costs of suit and sale. Sales of such animal or animals shall be made as other sales of personal property under execution. The officer making such sale shall be entitled to such fees for his services as are allowed by law in cases of other sales of personal property. Sec. 2. After paying all charges, together with costs of suit and sale, the remainder, if there be any, shall be paid to the owner or owners of such animal or animals, or in case such owner or owners is or are out of the State, or cannot be found, to the Justice of the Peace before whom, or the clerk of the court in which judgment is rendered. If said money is not called for by the owner or owners thereof, within six months, said Justice or Clerk shall pay the same to the County Treasurer of his county, for school purposes. Sec. 3. Any person or persons who shall take and drive away any such animal or animals, while in the possession of such ranchman or person boarding the same, without having first paid all reasonable charges due thereon, and against the consent of such ranchman or other person, shall be deemed guilty of a misdemeanor; and, upon conviction thereof, in any court having jurisdiction of the same, shall be fined in any sum not exceeding the value of the stock so taken or driven away, nor less than fifty dollars; provided, that nothing herein contained shall be so construed as to release the owner or owners of said property from the amount of any lien there may be due thereon, under and by virtue of this Act. |
To have lien on animals for pasture; etc.
Proviso.
Sales.
Fees.
Remainder to be paid to owner, etc.
When to be paid to the County Treasurer.
Penalty for driving away animals without paying charges.
Proviso. |
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κ1866 Statutes of Nevada, Page 66κ
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Bulkhead authorized to be constructed.
Board of Trustees to be elected, etc. |
Chap. XXI.An Act authorizing the citizens of Churchill county to construct a Bulkhead in what is known as Old River, at or near its junction with the main Carson River.
[Approved February 14, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The citizens of Churchill county are hereby authorized to construct a bulkhead in what is known as Old River, at or near its junction with the main Carson River, for the purpose of protecting the agricultural lands along the banks of Old River from overflow, and to secure to the citizens of the Upper and Lower Sinks of the Carson River the surplus water, and that the waters of said river may be equitably distributed over and through said lands. Sec. 2. For the purpose of carrying out the provisions of this Act, the citizens owning lands on either of the branches or sinks of said river, as aforesaid, shall, on the first Monday of April, A. D. eighteen hundred and sixty-six, elect, by ballot, in the same manner as county and township officers are elected, a Board of Trustees, who shall have the control of the erection of said bulkhead, and the distribution of the water, when so erected. Said election shall be called by posting a notice of election, at least ten days before the election, in each election precinct, and signed by two or more of said property holders. Said trustees shall hold their office until the next general election, and until their successors are elected and qualified. |
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District Attorney not to receive fees, etc., in certain tax suits.
Repeal. |
Chap. XXII.An Act relating to District Attorneys.
[Approved February 15, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all tax suits, for any sum less than three hundred dollars, brought, or now pending, in the several District Courts of this State, the District or Prosecuting Attorney shall receive no fee, per centage, or compensation whatever. Sec. 2. All Acts, and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. |
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κ1866 Statutes of Nevada, Page 67κ
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Chap. XXIII.An Act supplementary to an Act entitled An Act to regulate Fees and Compensation for Official and other services in the State of Nevada, approved March 9, 1865.
[Approved February 15, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Commissioners of Deeds, appointed by the Governors of any of the States of the United States of America, or any of the Territories thereof, to reside in the State of Nevada, may receive for services rendered in this State the compensation hereinafter expressed, and none other-that is to say: For drawing an affidavit, deposition or other paper, for each folio, thirty cents. For administering an oath or affidavit, twenty-five cents. For putting his seal to such instrument, fifty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first signature, one dollar, and for each additional signature, fifty cents. Sec. 2. Each Commissioner of Deeds residing in this State shall be subject to all the pains and penalties for official delinquency, or extortions, as is provided in the Act to which this is supplemental. Sec. 3. This Act shall take effect and be in force from and after its passage. |
Compensation of Commissioners of deeds.
Pains and penalties. |
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Chap. XXIV.An Act concerning the Liabilities of Joint Debtors.
[Approved February 15, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any one of two or more joint debtors, or parties jointly, or jointly and severally bound by any contract or judgment, may be released from his, her of its liability upon such contract or judgment by the creditor or creditors, and such release shall not operate, nor be held to operate, in law as a release to the other debtor or debtors upon such contract or judgment, except as to the released debtors proportion of such liability or debt, estimate upon the basis of the number of such debtors. But such release shall operate only as a release of all liability of such debtor to the creditor in such contract or judgment, and as a credit upon the same of such proportionate sum as herein provided. Sec. 2. It shall not be necessary to make the party released, as provided in the foregoing section, a party to any action upon such contract, but the creditor or creditors aforesaid may pursue the remaining debtors for the remaining portion of such debt, the same as though no such release had been made. |
Joint debtor may be released from liability.
Released debtor not necessary to action. |
κ1866 Statutes of Nevada, Page 68 (CHAPTER 24)κ
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Credit to be made on judgment. |
sue the remaining debtors for the remaining portion of such debt, the same as though no such release had been made. Sec. 3. In case a release, as aforesaid, be made to any judgment debtor by the judgment creditor, the Judge or Justice shall order the proper credit, as aforesaid, made upon such judgment, and that such debtor be released from liability upon the same. |
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Controller required to draw warrants for certain accounts. |
Chap. XXV.An Act to provide for the Payment of Certain Accounts.
[Approved February 15, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State is hereby directed to draw his warrant on the Legislative Fund, in favor of the persons, and for the amounts as hereinafter set forth, to wit: In favor of E. B. Rail, or his assigns, for the sum of one hundred and twenty-three ninety one-hundredths dollars. In favor of Munckton and Warner, or their assigns, for the sum of fifty-five eighty-three one-hundredth dollars. In favor of C. N. Noteware, or his assigns, for the sum of two dollars. In favor of Noland and Vandike, or their assigns, for the sum of eleven seventy-five one-hundredth dollars. In favor of William E. Skein, or his assigns, for the sum of one hundred and seven dollars. In favor of D. L. Fargo, or his assigns, for the sum of thirty-nine seventy-five one-hundredth dollars. In favor of John G. Fox, or his assigns, for the sum of thirty dollars. In favor of John A. Fisk, or his assigns, for the sum of two hundred and nine seventy-five one-hundredths dollars. In favor of Amiraux and Bowie, or their assigns, for the sum of two hundred and forty-one thirty-seven one-hundredth dollars. In favor of Fleischacker and Myer, or their assigns, for the sum of twenty-two sixty-six one-hundredth dollars. In favor of M. D. Judkins, or his assigns, for the sum of eighty-eight dollars. |
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County Commissioners required to purchase building. |
Chap. XXVI.An Act to provide for the Purchase of a County Building by the County of Storey.
[Approved February 16, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of the county of Storey are authorized and required, and it is hereby made their duty, to purchase, for county purposes, the building on B street, in the city of Virginia, known as the Odd Fellows Building, with the lot upon which the same is situated, for any sum not exceeding twenty thousand dollars. |
κ1866 Statutes of Nevada, Page 69 (CHAPTER 26)κ
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duty, to purchase, for county purposes, the building on B street, in the city of Virginia, known as the Odd Fellows Building, with the lot upon which the same is situated, for any sum not exceeding twenty thousand dollars. The County Auditor is authorized and required to draw his warrant on the building fund of said county, for the amount of purchase money agreed upon, not exceeding said sum of twenty thousand dollars, in favor of the owner or owners, or his or their accredited agent, upon delivery to him of a deed conveying to the county of Storey a perfect and complete title in and to said building and lot, to be approved by the District Attorney, and upon the cancellation and delivery to him of the lease now existing between the county of Storey and the owner or owners of the same, and upon the transfer to said county of any other lease or leases now existing, of or to any part of said building or lot. |
Warrant to be drawn on building fund, upon delivery of deed, etc. |
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Chap. XXVII.An Act concerning the Collection of Taxes on Personal Property.
[Approved February 17, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Assessor, in the several counties in this State, when he assesses the property of any person or persons, company or corporation, liable to taxation, who do not own real estate within the county of sufficient value, in the Assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed; and if such person or persons, company or corporation, shall neglect or refuse to pay such taxes, the Assessor, or his deputy, shall seize sufficient of the personal property of the person or persons, company or corporation, so neglecting or refusing to pay, to satisfy the taxes and costs, and shall proceed to collect the same as in the case of the collection of taxes on personal property where no real estate is assessed, as now provided by law. Sec. 2. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
When the Assessor may collect taxes.
When to seize personal property.
Repeal. |
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κ1866 Statutes of Nevada, Page 70κ
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Auditor directed to draw warrant. |
Chap. XXVIII.An Act for the Relief of Benj. Curler, District Attorney of Churchill County.
[Approved February 17, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Auditor of Churchill county is hereby authorized and directed to draw his warrant on the County Treasurer, of said county, for six hundred and forty dollars, in favor of Benj. Curler, for salary as District Attorney during the year one thousand eight hundred and sixty-five, and the County Treasurer is hereby directed to pay the same out of the general fund. |
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Assessment legalized. |
Chap. XXIX.An Act to legalize the Assessment of Real and Personal Property, as made by the County Commissioners of Humboldt County, for the year one thousand eight hundred and sixty-four.
[Approved February 17, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Sec. 1. The assessment of the real and personal property which was made by the Board of County Commissioners of Humboldt county, by the passage of an order dated June sixth, one thousand eight hundred and sixty-four, which is in the words and figures following, to wit: Ordered in accordance with the Act of the Legislature, approved February twentieth, A. D. eighteen hundred and sixty-four, that a tax of thirty cents on each one hundred dollars value of taxable property, be levied for Territorial purposes; also, in accordance with the same Act of the Legislature, Ordered that a tax of eighty cents on each one hundred dollars value of taxable property, be levied for county purposes; also, further, Ordered in accordance with an Act of the Legislature, approved February twentieth, A. D. eighteen hundred and sixty-four, that a tax of twenty cents on each one hundred dollars value of taxable property, to levied for the purpose of encouraging enlistments and to give bounties and extra pay to our volunteer soldiers; also, further, Ordered in accordance with an Act of the Legislature, approved February eighteenth, A. D. eighteen hundred and sixty-four, that a tax of thirty cents on each one hundred dollars value of taxable property, be levied for school purposes, which tax shall be added to the county tax, and collected and disbursed in the same manner as other school fund money; and the Clerk is hereby directed to notify the Auditor, Treasurer, |
κ1866 Statutes of Nevada, Page 71 (CHAPTER 29)κ
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rer, Tax Collector and Assessor of the foregoing order, is legalized and made valid; and the Tax Collector and District Attorney of said county are hereby authorized to collect the same, as though said order had been made according to, and as authorized by law; and no sale of real or personal property, sold for the collection of said taxes assessed by said Board as aforesaid, shall be rendered invalid by reason of the illegality of said assessment. |
Tax collector and District Attorney authorized to collect. |
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Chap. XXX.An Act in relation to the Collection of Certain Fees heretofore collected by the Governors Private Secretary.
[Approved February 17, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the passage of this Act it shall be lawful for the Secretary of State, and he is hereby required to collect the fees now provided by law to be paid to the Private Secretary of the Governor; and he shall pay the same into the State Treasury for the use and benefit of the State Library Fund, as other fees collected by the Secretary of State are paid into said State Treasury. Sec. 2. All laws, and parts of laws, so far only as they conflict with the provisions of this Act, are hereby repealed. |
Secretary of State required to collect certain fees.
Repeal. |
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Chap. XXXI.An Act to repeal an Act entitled An Act to authorize the Incorporation of the Town of Aurora to the City of Aurora, approved February 9, 1864, and to provide for the payment of the Indebtedness thereof.
[Approved February 17, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act to authorize the incorporation of the town of Aurora to the city of Aurora, approved February 9, 1864, is hereby repealed; provided, that the repeal of said Act shall not invalidate or affect any right, penalty or forfeiture accruing to said corporation, or invalidate or affect any liability or contract entered into or imposed upon said corporation. Sec. 2. The Board of County Commissioners of Esmeralda county are hereby authorized and empowered to levy and collect, annually, until the entire debt of the city of Aurora is paid, a tax of not to exceed one per cent. |
Act repealed
Proviso.
Tax authorized to be levied. |
κ1866 Statutes of Nevada, Page 72 (CHAPTER 31)κ
|
Manner of assessing and collecting
Duties of County Commissioners.
Money to be paid into County Treasury.
Mayor and Aldermen to deliver records, etc.
Duty of County Treasurer. Proposals for surrender of warrants, etc.
Proposals opened.
Accepted bids. |
paid, a tax of not to exceed one per cent. upon the assessed value of property within the boundaries of the city of Aurora, as described in the Act herein repealed, for the purpose of creating a fund to be applied in payment of the indebtedness of the city of Aurora. Sec. 3. Said tax shall be assessed and collected in the same manner, and subject to the provisions of the general laws for the assessment and collection of taxes, and assessed and collected at the same time, and by the same officers who assess and collect State and county taxes, and shall be paid over to the County Treasurer. The County Treasurer shall keep said moneys in a separate fund, to be known as the City of Aurora Redemption Fund; and no moneys shall be paid out of said fund except as hereinafter provided. Sec. 4. The Board of County Commissioners shall prosecute, to final judgment, and defend, all suits instituted by or against said corporation; collect all moneys due the same; liquidate all lawful demands against the same, and, for that purpose, shall sell and convey any property belonging to said corporation, and are hereby empowered to do all acts necessary and required to be done to bring to a speedy close all the affairs of the corporation. All moneys coming into the possession of said Board of County Commissioners, from sale of property, or any other source, belonging to said city of Aurora, shall be paid into the County Treasury, and paid out as hereinafter provided. The Mayor and Board of Alderman, and other officers of the city of Aurora, shall, upon this Act taking effect, deliver up to the Board of County Commissioners all books, records and documents, and all property, of whatever nature, belonging to said city of Aurora. Sec. 5. Whenever at any time there shall be in said Redemption Fund three hundred dollars or over, it shall be the duty of the County Treasurer to give one weeks notice, by publication in some newspaper published in the county of Esmeralda, that sealed proposals, directed to him, will be received for the surrender of city warrants, or other legal evidences of indebtedness of said city of Aurora, and that said sealed proposals will be received by him until the next regular meeting of the Board of County Commissioners thereafter; and at the time for the first regular meeting of the Board of County Commissioners thereafter, such 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 city warrants, or other legal evidence of city indebtedness. No bid for more than par value shall be so accepted, nor unless accompanied with the warrant or other legal evidence of indebtedness. Sec. 6. When any bids are accepted, the County Auditory and County Treasurer shall each take a description of the warrants, or other legal evidence 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, |
κ1866 Statutes of Nevada, Page 73 (CHAPTER 31)κ
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Commissioners shall, by order, direct the County Treasurer to purchase the warrants, or other evidence of legal indebtedness, designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid; and all warrants, or other legal evidences of indebtedness, so redeemed, shall be canceled by the County Treasurer, by writing across the face thereof the words (in red ink), Purchased and redeemed, adding thereto the time when the same was so redeemed, 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 Auditor, as herein required, shall be sufficient vouchers for the Treasurer in the settlement of his accounts. That shall be deemed the lowest bid which offers the largest amount of warrants, or other legal evidence of indebtedness, in par value, for the smallest amount of money. The County Treasurer shall return all unaccepted bids, together with the warrants, or other legal evidence of indebtedness, therein contained, to the owner, on demand. The County Treasurer shall keep a separate account of all moneys paid out of said fund, and to whom paid. Sec. 7. When it is ascertained that all city warrants, and other legal evidences of indebtedness, as provided for in this Act, are redeemed and paid, and the affairs of the corporation are settled, 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 Redemption Fund to the School 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 said School Fund of the county of Esmeralda. |
Warrants, etc., to be canceled.
Vouchers.
Lowest bid.
Separate account. When money to be transferred to school fund. |
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Chap. XXXII.An Act to Transfer Certain Moneys from the Legislative Fund to the Contingent Funds of the Senate and Assembly.
[Approved February 21, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Treasurer is authorized and required to transfer the sum of one thousand dollars from the Legislative Fund to the Assembly Contingent Fund, and the sum of twelve hundred dollars to the Senate Contingent Fund. The surplus to revert back to the General Fund. |
Transfer of money. |
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κ1866 Statutes of Nevada, Page 74κ
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Unlawful to pay fees, etc. out of Contingent fund
Misdemeanor.
Penalty. |
Chap. XXXIII.An Act amendatory of, and supplemental to, an Act entitled An Act authorizing the Board of County Commissioners of the several counties of this State to apportion the County Revenues, approved March 10, 1865.
[Approved February 21, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall not be lawful to pay, or order to be paid, any fees, per diem, or salary, of any county officer, or County Commissioner, out of the Contingent Fund of any county in this State, created by An Act authorizing the Board of County Commissioners of the several counties of this State to apportion the County Revenues, but such Contingent Fund shall only be applied to the payment of the legitimate contingent expense of said counties. Sec. 2. Any County Commissioner who shall order the payment of any such fees, per diem, or salary, out of said Contingent Fund, and any County Auditor who shall draw his warrant on such Contingent Fund for the payment of such fees, per diem, or salary of any County Commissioner, or other county officer, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars, and be removed from office. |
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Appropriation.
Treasurer required to set apart first money each quarter.
Judicial salary fund. |
Chap. XXXIV.An Act to provide for the Payment of the Salaries of the Judges of the Supreme Court of the State of Nevada.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby set apart, and appropriated quarterly, from the first money coming into the Treasury from taxes or otherwise, during such quarter, and not otherwise appropriated, an amount sufficient, when added to the docket tax fund, to equal the sum of five thousand two hundred and fifty ($5,250) dollars, to pay the salary of the Judges of the Supreme Court, for such quarter. Sec. 2. The Treasurer is hereby authorized and required to set apart such first money, each quarter, coming into the Treasury from the revenue of such quarter, and not otherwise appropriated, the said sum, amounting, with the docket tax fund, to five thousand two hundred and fifty dollars, which sum, when so set apart, shall be termed the Judicial Salary Fund, and shall only be drawn from the Treasury in payment of salaries of the Judges of the Supreme Court of the State of Nevada. |
κ1866 Statutes of Nevada, Page 75 (CHAPTER 34)κ
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Sec. 3. The Controller of State shall, on the first Monday of January, April, July and October of each year, issue his warrant to each of the Supreme Judges, for the previous quarters salary, the sum of seventeen hundred and fifty dollars, payable out of the money so set apart, less the amount he may have received from the clerk of his court, out of the docket tax, during the preceding quarter; provided, the Controller shall not, in any case, issue to any Judge his warrant for such quarters salary, until such Judge shall have produced and furnished to him a certificate of the clerk of his court, as to the amount he may have received from docket tax during the preceding quarter; provided further, that if any Judge shall, from any cause, have only served a portion of the preceding quarter, the Controller shall issue his warrant only for the proportional part of a quarter for which said Judge may have served. Sec. 4. All money now in the judicial salary fund, except the sum of five thousand two hundred and fifty dollars, which sum is hereby set apart for the salary of the Supreme Judges for the first quarter of the year 1866, is hereby transferred to the general fund of the State. Sec. 5. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.
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This is to certify that the foregoing Bill passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Yeas, fourteen; nays, none. J. S. CROSMAN, President of the Senate. Geo. R. Ammond, Secy Senate. ___
This is to certify that the within Bill passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, thirty-one (31); nays, four (4). JAS. A. BANKS, Speaker of the Assembly. U. E. Allen, Clerk of the Assembly. |
Controller required to issue warrants, etc.
Proviso.
Proviso.
Money transferred.
Repeal. |
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κ1866 Statutes of Nevada, Page 76κ
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Taxes levied for State purposes, etc.
Tax authorized for county purposes.
Apportionment of county revenues.
Redemption fund.
Additional and special taxes. |
Chap. XXXV.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 9, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section first of said Act is amended so as to read as follows: Section One. An annual ad valorem tax of ninety-five cents upon each one hundred dollars value of taxable property, is hereby levied and directed to be collected and paid, for State purposes, upon the assessed value of all taxable property in this State, not by this Act exempt from taxation. Said tax of ninety-five cents aforesaid, is, and shall be held to be, the same as that levied under the provision of An Act authorizing the issuance and sale of certain State bonds, and levying a tax to provide means for the payment thereof, approved January 19, 1866; and the money coming into the State treasury, from said tax, shall be first applied to the payment of the principal and interest of the bonds, provided to be issued under the provisions of said Act. Upon all taxable property in this State, as aforesaid, there shall be levied, and directed to be collected and paid, an additional ad valorem tax of twenty-five cents on each one hundred dollars value of said taxable property, which shall be appropriated to the payment of the indebtedness of the Territory of Nevada, assumed by the State of Nevada, and to that purpose only. Upon all the taxable property in this State, as aforesaid, there shall be levied, and directed to be collected and paid, an additional ad valorem tax of five cents upon each one hundred dollars value of taxable property, for the support and maintenance of a State University and common schools; and upon the same property, the Board of County Commissioners, in each county, is hereby authorized and empowered to levy and direct to be collected and paid, annually, an ad valorem tax, for county purposes, a sum not exceeding one hundred and fifty cents on each one hundred dollars value of taxable property in the county. The Board of County Commissioners, of each county, shall apportion the revenues coming into the county treasury, under the provisions of this Act, (after deducting the four per cent., as hereinafter provided, for the Treasurers salary fund), into such funds as are now, or hereafter may be, provided by law; provided, that the Board of County Commissioners are hereby authorized to set aside such portion of all the revenues of the county to create a Redemption Fund for the payment of outstanding indebtedness, as is provided by any law now in force, or which may hereafter be passed. The Board of County Commissioners, of each county, is hereby authorized and empowered, annually to levy and collect such additional and special taxes as the statutes or laws of the State may authorize and require them to levy and collect; provided, however, |
κ1866 Statutes of Nevada, Page 77 (CHAPTER 35)κ
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however, that when the Board of County Commissioners levy any tax, they shall cause such levy to be entered on the records of their proceedings, and shall direct their Clerk to deliver a certified copy thereof to the Assessor, Auditor and Treasurer, each of whom shall file said copy in his office. Sec. 2. Section thirty-five of said Act is hereby amended so as to read as follows: Section Thirty-five. In case judgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases; but when defendants have no claim or title to the property at the time of assessment, judgment may, notwithstanding, be entered against the property by continuing the suit, and summoning the owner, known or unknown, as provided in section thirty-one of this Act. In case judgment is rendered for plaintiff, it may be entered against such defendant, or defendants, as are found liable for the tax, and for such portions as he or they may be found liable for. Judgment may be entered against the real estate, improvements, and personal property, for the taxes and costs severally due thereon; and when it appears on the assessment roll, and is not disproved at the trial, that the real estate, improvements, and personal property belong to the same person or persons at the time assessments were made, then the whole tax of such person or persons for that year, may be recovered out of any of such real estate, improvements or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, lien shall attach thereon for the taxes due upon the personal property, and shall not be released from such lien until all taxes are paid, as provided in section three of this Act. Such judgments shall be a lien as aforesaid, as in other civil cases, when rendered in the District court, and a transcript of such judgment rendered in a Justices Court, when filed in the office of the County Clerk of the county, and docketed by him as other judgments in the District Court, shall be liens in like manner as judgments rendered in the District Court. Such liens shall not be extinguished until the delinquent tax and costs of sale for the same shall have been paid. The clerk of the District Court may issue execution upon judgments rendered in his court, as in other civil cases, and may also issue execution upon the judgment transcript from Justices Courts, to any other county in the State, except the county wherein said judgment was obtained; in which case it shall be enforced by an execution issued by the justice, or his successor, by whom such judgment was rendered. Judgment may be rendered by default, for want of an answer, as in other civil cases. In case any person shall be sued for taxes on any lands or improvements, of which he was the owner, or in which he had a claim or interest at the time of the institution of suit, and shall be discharged from person liability, under an answer in conformity with the third subdivision of section thirty-two of this Act, and such lands or improvements shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, |
Proviso.
Judgment to be general etc.
Lien.
Default. |
κ1866 Statutes of Nevada, Page 78 (CHAPTER 35)κ
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Judgment, what to include.
Treasurers compensation for collecting State taxes.
Treasurers salary fund.
Tax levied on ores, quartz, minerals, etc
Stamp duties levied on instrument, etc., mentioned in schedule. |
redeemed by such discharged defendant, or if the shall pay the taxes and costs to prevent a sale, then such personally discharged defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, or any subsequent purchaser for the full sum of taxes and costs, or redemption money paid. And in every case of such recovery, the judgment shall, in addition to the taxes and costs, or in addition to the redemption money paid, include twenty-five per centum of the amount of taxes and costs or redemption money, as liquidated damages; and the receipt of the District or Prosecuting Attorney for taxes and costs, or of the ex-officio Tax Receiver for the redemption money, shall be prima facie evidence of the debt and of its amount. Sec. 3. Section eighty-four of said Act is hereby amended so as to read as follows: Section Eighty-four. The several County Treasurers in this State shall be allowed, for collecting all State taxes, excepting poll taxes, school tax, passenger tax, stamp tax, collection of personal property tax by the Assessor, and the taxes from the proceeds of the mines, four per cent. for all moneys collected and paid to the State Treasurer, and all moneys now in the Treasurers Salary Fund, of the respective counties, heretofore accrued for taxes collected and paid over to the State, shall be allowed to the said County Treasurers. From all county revenues paid into the County Treasury, four per cent. of the amount shall be set aside into the Treasurers Salary Fund. Whenever, at the end of each fiscal year, there shall remain any moneys in said fund, after paying the Treasurers salary, the Board of County Commissioners shall order the money so remaining, to be transferred into the General County Fund. No warrants shall be drawn on said fund except to pay the County Treasurers salary. Sec. 4. Section ninety-nine of said Act is hereby amended so as to read as follows: Section Ninety-nine. An ad valorem tax of one hundred cents, on each one hundred dollars valuation (after the deduction, for cost of extracting and reducing, as provided in this Act), is hereby levied, and directed to be assessed, collected and paid, every three months, for State and county purposes, on all ores, quartz or minerals, from which gold and silver, or either, is extracted by any mill, arastra, smelting furnace, or any process whatever, in this State. All of said ores, quartz or minerals, shall be assessed as follows: From the gross return, or assessed value per ton of all ores, quartz or minerals, from which gold and silver, or either, are extracted in this State, there shall be deducted the sum of twenty dollars per ton; and upon seventy-five per cent. of the remainder (after such deduction is made as aforesaid), shall the taxes be levied and collected as provided in this Act. Sec. 5. Section one hundred and twenty-six of said Act is hereby amended so as to read as follows: Section One Hundred and Twenty-Six. On and after the first Monday of May, A. D. 1865, there shall be levied, collected and paid, |
κ1866 Statutes of Nevada, Page 79 (CHAPTER 35)κ
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lected and paid, for and in respect of the several instruments, matters and things mentioned and described in the schedule hereunto annexed, or for and in respect of the vellum, parchment or paper, upon which instruments, matters or things, or any of them, shall be written or printed by any person or persons, or party, who shall make, sign or issue the same, or for whose use or benefit the same shall be made, signed or issued, the several duties or sums of money set down in figures against the same respectively, or otherwise specified or set forth in said schedule. |
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Chap. XXXVI.An Act to amend an Act entitled An Act to Provide for the Formation of Corporations for Certain Purposes, approved March 10, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of the Act of which this Act is amendatory shall be amended so as to read as follows: Section Six. If it shall happen, at any time, that an election of Trustees shall not be had on the day designated by the bylaws of the company, the corporation shall not for that reason be dissolved, but it shall be lawful, on any other day, to hold an election for Trustees, in such manner as shall be provided for in the by-laws of the company, and all acts of the Trustees shall be valid and binding on the company until their successors shall be elected. Whenever a majority of any newly elected Board of Trustees shall fail to qualify and file in the office of the company their oath of office, within thirty days from the day of their election, it shall be the duty of any officer of the company, upon the request of owners in said company representing not less than one third of the capital stock of the corporation owned in the company, to call a meeting of the stockholders of said company, which meeting, when assembled, shall have power to elect Trustees to supply the place of those who have failed to qualify; but such Trustees may qualify and enter upon the duties of their office at any time after the said thirty days, if such meeting for a new election shall not have been called. Sec. 2. This Act shall take effect from and after its passage. |
Corporation not dissolved by failure to elect trustees
Duty of officers when majority of Trustees fail to qualify etc. |
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κ1866 Statutes of Nevada, Page 80κ
|
Funds created.
Moneys to be apportioned.
County revenues to be apportioned.
Money to be transferred.
Duty of County Treasurer. |
Chap. XXXVII.An Act to amend an Act entitled An Act to provide for the Payment of the Outstanding Indebtedness of Humboldt County, approved March 9, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the Act of which this is amendatory, is hereby amended so as to read as follows: Section Two. The Board of County Commissioners of said county are hereby authorized and directed, from and after the passage of this Act, to create and maintain the following special funds: First-A fund which shall be known as the Contingent Fund. Second-A fund which shall be known as the Indigent Sick Fund. Third-A fund which shall be known as the Redemption Fund. At the first session of the said Board, after the taking effect of this Act, the Board shall create said funds, and shall apportion all moneys then in the treasury of said county not included in the School Fund, or in the District Judge Salary Fund, as follows: First-They shall place in the Contingent Fund such an amount as, with the amount already set apart for the payment of contingent expenses, and not paid out, will constitute fifteen per cent. of all of said moneys. Second-They shall place in the Indigent Sick Fund such an amount as, with the amount already appropriated for such purpose, not paid out, will constitute ten per cent. of all of said moneys. Third-They shall place all of the remainder of said moneys in the Redemption Fund. The said Board shall also cause all moneys received from county revenues, after the passage of this Act, beyond the amount required by law to be placed in the School Fund, and in the District Judge Salary Fund, to be placed in the funds hereby ordered to be created, as soon as the said moneys are paid into the treasury, and to be placed in the said funds under the following apportionment: To the Contingent Fund, fifteen per cent. of all of said moneys. To the Indigent Sick Fund, ten per cent. of all of said moneys, and to the Redemption Fund, all of the remainder of said moneys. And at the first session of each regular quarterly meeting of said Board, they shall transfer any surplus there may exist in the Indigent Sick Fund to the Contingent Fund; and, also, at such session, if any surplus exist in the Contingent Fund, whether before or after such transfer from the Indigent Sick Fund, they shall transfer the same to the Redemption Fund. Sec. 2. Section three of said Act is hereby amended so as to read as follows: Section Three. Whenever, at any time, there shall be in said Redemption Fund, the sum of five hundred dollars, or more, it shall be the duty of the County Treasurer of said county, to give fifteen days notice, by publication in some newspaper published in said county, |
κ1866 Statutes of Nevada, Page 81 (CHAPTER 37)κ
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newspaper published in said county, that sealed proposals, directed to him, will be received for the surrender of county warrants, whether issued prior or subsequent to the passage of this Act; and that said proposals will be received by him, until the next regular meeting of the Board of County Commissioners, thereafter. Sec. 3. Section six of said Act is hereby amended so as to read as follows: Section Six. Whenever any claim against said county, which accrued prior or subsequent to the passage of this Act, is allowed by the Board of Commissioners of said county, the same shall be allowed as payable out of its proper fund, and, also, as purchasable out of the Redemption Fund of said county, in the same manner provided by this Act, for the purchase of other county warrants, and all warrants drawn for the payment of the same, not drawn upon the Contingent Fund, or Indigent Sick Fund, shall be drawn upon said Redemption Fund; and whenever any claim against said county is duly allowed and audited, the warrant therefor shall be drawn upon the proper fund, and upon demand, delivered immediately to the order of the owner thereof, whether there be money in such fund to pay the same, or not; provided, that no interest shall be allowed on any warrant drawn after the taking effect of this Act. Sec. 4. Section seven of said Act is hereby amended so as to read as follows: Section Seven. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed, so far as the same relate to said Humboldt county. |
Proposals for surrender of warrants.
Claims to be paid out of proper fund.
Purchasable out of Redemption fund.
Repeal. |
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Chap. XXXVIII.An Act to provide for the Registration of the Names of Electors, and for the ascertainment, by proper proofs, of the Persons who shall be entitled to the Right of Suffrage.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Justices of the Peace of the several counties of the State shall constitute and act as Registry Agents for the election precincts or districts which are within their respective townships; and, as such, their duties shall be as provided in this Act. Sec. 2. Immediately upon the approval of this Act, the respective Boards of Registration of the several counties of the State shall deliver over, or cause to be delivered, to the several Registry Agents of their counties, as provided for in this Act, the respective registers, and all other registration books, belonging to, or heretofore prepared for, the election precincts or districts which are within their respective townships; |
Registry Agents.
Registers, etc., to be delivered to Registry Agents. |
κ1866 Statutes of Nevada, Page 82 (CHAPTER 38)κ
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Proviso.
Books and registers be provided for Registry Agents.
Expenses, how paid.
Form of registers. |
precincts or districts which are within their respective townships; provided, that the book containing the oath, heretofore subscribed, shall be filed and preserved in the County Clerks office; and, hereafter, said Boards of Registration shall be discharged from the performance of any duty relating to the registration of the names of electors. Sec. 3. The County Commissioners of the respective counties of the State shall provide for the Registry Agents of their county, when and where needed, all proper and necessary books to carry out the provisions of this Act, together with the registers (one for each election precinct or district), so prepared that each shall contain a separate list of persons, entitled to vote, residing in each election precinct or district, alphabetically arranged, according to their respective surnames, and to show, in separate columns, the name at full length, the age, the country of their birth, the occupation and place of residence, together with the number and date of registry. All expenses incurred in executing the provisions of this Act, including the publication of the registry lists, shall be audited, allowed and paid out of the county funds of the several counties incurring the same, as other county charges. Sec. 4. The registers may be in the following form, or in such other form as to most conviently and economically carry out the provisions and intention of this Act-to-wit:
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κ1866 Statutes of Nevada, Page 83 (CHAPTER 38)κ
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The registers shall be so prepared as to designate, after the first year of registration, who are registered for any particular year, by writing the word Registered under a heading for that year, as above, opposite to and on the same line as that on which the name of the elector is registered. Sec. 5. It shall be the duty of the Registry Agents of the several counties of the State, at any time, when called upon to do so, between ten oclock a. m. and 6 oclock p. m., on all legal days, previous to the twentieth day of October prior to the general election, and ten days prior to any special or municipal election provided by law, other than the general election, to receive and register the names, and make a perfect list, as near as may be, of all persons qualified and entitled to vote at elections, and of all those who will legally acquire the right to vote prior to the next ensuing election, in each election precinct or district within their respective townships, entering on the register, under its proper heading, the name, the age, the country of birth, the occupation and place of residence of the elector, together with the number and date of registry; which list, when completed, shall be constituted and known as the Register of Elections of the precincts or districts of their respective townships; provided, that for ten days previous to the closing of the lists, before any general or special election, said Registry Agents shall also receive and register names at all times between the hours of seven oclock p. m. and nine and one half oclock p. m. of each day. If the elector resides in a city or village, then the residence shall be indicated by the number of the dwelling, if there be any, and if none, an accurate location of the same, and the name of the street, avenue or alley on which, and the ward in which the dwelling stands. Sec. 6. At least twenty-eight days prior to any general election, and ten days before the expiration of the time for registration prior to any special or municipal election, or any election provided for by law, other than the general election, it shall be the duty of the Registry Agents to cause to be published, in the several newspapers of their county, if any, and if none, in some newspaper nearest the county seat of their county, a notice to the effect that the time for the registration of the names of the qualified electors in precincts or districts No. of township No. , prior to the election, (specifying the election), to be held on the . day of , A. D. 18 .., for the county or city (as the case may be) of , will expire at six oclock p. m., on the day of , A. D. 18 .. . Said notice shall be published, from day to day, until the expiration of said time for registration. Sec. 7. In addition to the qualifications which are now, or may be hereafter, prescribed by law, each elector, before he shall be entitled to have his name received and registered as a qualified elector, shall take and subscribe the following oath or affirmation, which shall be administered by the Registry Agent; provided, that no elector who has heretofore taken, or who may hereafter take, and subscribe said oath or affirmation, shall be required to do so again, or the second time, to wit: I do solemnly swear (or affirm, as the case may be) |
Duty of Registry Agents.
Proviso.
Notice of expiration of time for registration to be published.
Qualifications.
Proviso. |
κ1866 Statutes of Nevada, Page 84 (CHAPTER 38)κ
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Form of oath.
Duty of Registry Agent upon challenge, etc. |
solemnly swear (or affirm, as the case may be) that I will support, protect and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution, or law of any State or Territory, or State or Territorial Convention or Legislature, to the contrary notwithstanding; and, furthermore, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and that I have not, since I arrived at the age of eighteen years, voluntarily borne arms against the United States, or held any civil or military office under the so-called Confederate States, or either of them; and, further, I do solemnly swear, or affirm, that I am a citizen of the United States, 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 ensuring election. So help me God, (if an oath); under the pains and penalties of perjury, (if an affirmation). The elector shall swear according to the forms of his religious faith, and in such manner as may be considered most obligatory upon his conscience. Sec. 8. When any person shall offer, or claim to be registered, whom the Registry Agent shall not know to be entitled to vote in the county and precinct in which he claims to reside, or who, at the time of offering to be registered, shall be challenged by any person entitled to vote in said county, stating briefly the grounds of such challenge, it shall be the duty of the Registry Agent to require the person so challenged, or whom he shall not know to be so entitled to vote, to give true answer, under oath or affirmation, to the following questions, and to all such further questions said Registry Agent may deem proper to ask him touching and testing his qualifications as an elector, to-wit: First-Are you a citizen of the United States, not laboring under any of the disabilities mentioned in the Constitution of this State? Second-Are you of the age of twenty-one years and upwards? Third-On the day of the next ensuing election, will you have actually, and not constructively, resided in this State six months, and in this county thirty days next preceding the day of said election? Fourth-Are you now a resident of the election precinct or district in which you propose to be registered? Fifth-Are you registered for this electoral year in any other precinct or district in this county or State, in the name in or under which you now propose to be registered, or in or under any other name? Any person answering any of the foregoing questions in the negative, except the fifth, and that in the affirmative, shall not be registered. And the fact of the name of any person appearing on the register, shall be prima facie evidence that the oath was administered, and that all of the answers to the foregoing questions were in the affirmative, except the answer to the fifth, and that in the negative. If the person offering or claiming to be registered answers all of the foregoing questions in the affirmative, except the fifth, and that in the negative, and the Registry Agent shall still be of the opinion, from the answers given to such further and additional questions he may deem proper to ask, that such person is not a qualified elector, said agent shall refuse to receive and register this name; otherwise, said Agent shall receive and register his name. |
κ1866 Statutes of Nevada, Page 85 (CHAPTER 38)κ
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ask, that such person is not a qualified elector, said agent shall refuse to receive and register this name; otherwise, said Agent shall receive and register his name. Such person may, in case his name is not received and registered by said Agent, apply to any District Court or Judge of his district, for a writ of mandamus, to compel the same; and any elector may also apply to any District Court or Judge of his district for a writ of mandamus, to compel any Registry Agent to take from the list of registered voters the name of any person whom he may deem not qualified to vote. Sec. 9. When a naturalized citizen shall present himself for registration, his certificate of naturalization must be produced, and stamped or marked by the Registry Agent with his name, and the year and county where presented, but when it shall satisfactorily appear to the Registry Agent, by the oath of, or affirmation of, the applicant (and the oath or affirmation of one or more credible citizens as to the credibility of such applicant, if deemed necessary), that such certificate of naturalization is destroyed or lost, said Registry Agent shall proceed to register the name of said applicant (if qualified in other respects) in said registry of voters, together with the names of the witnesses produced, the time when, and the place where, said applicant was naturalized, with all the important facts sworn or affirmed to on such application. Sec. 10. On the twentieth day of October (and if that day falls on Sunday, then on the Monday following) previous to the general election in each year, the Registry Agents of the several counties in the State shall complete the registry lists for the respective election precincts or districts within their townships for that electoral year, and after completing said lists, they shall cause such numbers of copies of the names registered, for each election precinct or district within their respective townships as they may deem advisable, to be immediately printed or written, and shall post, or cause said lists to be posted, up in at least five public places in such election precinct or district within their respective townships. The remainder shall be distributed by the Registry Agents among the electors of their respective election precincts or districts. Said Registry Agents shall also give notice on the lists so posted, that they will receive objections to the right to vote on the part of any person registered as foresaid, until six oclock p. m., on the third day previous to the day of election. Said objections shall be made by a qualified elector, in writing, subscribed and sworn, or affirmed, to by such elector, to the best of his knowledge and belief. A copy of such written objections, together with a copy of a notice requiring the person objected to, to appear before the Registry Agent of his election precinct or district, at a time certain, specifying the same, and answer such questions as my be propounded to him, under oath, by such Registry Agent, touching his qualifications as an elector, shall be served on the person objected to, which copies shall be personally served on such person, or left at his residence, as the same shall appear on the register, for such electoral year; provided, that personal service shall be required, if objected to only on the last day on which objections can be made. |
Duty when certificate of naturalization is lost, etc.
Copies of names registered, to be posted and distributed.
Notice of time for receiving objections.
Objections and notice to be served.
Proviso. |
κ1866 Statutes of Nevada, Page 86 (CHAPTER 38)κ
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Service and return.
Examination.
Mandamus.
Time for hearing and determining objections.
When and how copies of the names on the registers are to be prepared. |
on the last day on which objections can be made. Such service, and the return thereof, shall be made by the persons, and in the manner provided by law, for the service and return of subpoena in civil cases in the District Court. And no such objections shall be considered by the Registry Agents, unless it shall appear from the return of some officer, or the affidavit of some person, authorized to serve subpoena in civil cases, that service of a copy of such objections and notice shall have been made as above provided. At the time specified in the notice, or at such further time as the Registry Agent may adjourn the hearing or examination of the person objected to, the Registry Agent, after being satisfied, from the proper return or affidavit, that a copy of such objections and notice has been served upon the person objected to, as above provided, shall proceed to examine such person (if present), under oath, touching all matters specified in such written objections, and respecting his qualifications as an elector. If the Registry Agent shall be satisfied, from the sworn answers of the person objected to, that such person is not a qualified elector; or if such person, after having been duly notified of such objections, as above provided, shall fail to appear and answer such questions as may be propounded to him by the Registry Agent, it shall be the duty of such Agent to strike his name from the register of that electoral year. Any person whose name shall be stricken from the register, as above specified, may apply to the District Court, or a District Judge of the district in which said person may reside, for a writ of mandamus, to have the name again placed on the register, which shall be granted, upon it appearing to such Court or Judge that such person is a qualified elector. Said Registry Agents, during the time they are sitting to hear and determine objections to the right to vote, shall also strike off, or erase, from said registers, the names of all persons who shall be proven to their satisfaction to have left their county with the purpose of remaining. Sec. 11. From the expiration of the time for registration, previous to any special or municipal election, or any election provided for by law, (other than the general election, as hereinbefore provided for) it shall be the duty of the Registry Agents to hear and determine objections, to the right to vote, on the part of any person registered, until six oclock p. m. on the third day previous to the day of election, as provided for in the last preceding section, and all the provisions of said section shall be applicable, in all respects, to said municipal election, or special elections, or other elections provided for by law (other than the general election,) as to the general election. Sec. 12. After the final completion of the registers for the election precincts or districts, within their respective townships, previous to the general election in November, of each year, and previous to any special or municipal election, or any election provided for by law, other than the general election, the Registry Agents, by or under whom they were respectively made, shall immediately make out certified copies of the names on the registers of each election precinct or district, within their respective townships, so preparing such certified copies as to show headings |
κ1866 Statutes of Nevada, Page 87 (CHAPTER 38)κ
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show headings for the general and municipal elections, designating, after the first year of registration, by some particular character, as by the letter R, who are registered for that particular year, and under which the Inspectors may check off the names of those voting during that year by some particular character, as by the letter V, as thus: Registered for city election in 18 .., Voting at city election in 18 .., Registered for general election in 18 .., Voting at general election in 18 .. When said certified copies have been so made, it shall be the duty of said Registry Agents to have one copy of the same, of each election precinct or district, delivered to the Inspectors of Elections of such precinct or district, at least by eight oclock a. m. on the day on which said election takes place, or is held. Said certified copies of the names on the registers may be in the following form, or in such other form as to most conveniently and economically carry out the provisions of this Act:
Sec. 13. Any person moving from one election precinct or district to another, or out of the county, shall [may] appear before the Registry Agent of the precinct or district in which he is registered, at any time previous to the placing of the certified copies of the registers in the hands of the Inspectors of Election, and have his name registered in the precinct or district to which he removes, if it be in the same county, and erased from the register of the precinct or district from which he removes. |
When delivered.
Form of certified copies.
Persons may register in district to which they remove. |
κ1866 Statutes of Nevada, Page 88 (CHAPTER 38)κ
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Registry Agents to take oath.
Oath.
Authorized to administer oaths.
Poll tax.
Compensation of Registry Agents. Poll taxes to be handed over to County Auditor.
Poll tax receipts.
Bond.
County Commissioners may appoint Registry Agents in certain cases.
Who not entitled to vote. |
erased from the register of the precinct or district from which he removes. Sec. 14. Before entering upon the duties prescribed by this Act, the Registry Agents of the respective counties of the State shall, severally, take and subscribe, before an officer legally authorized to administer oaths, the following oath or affirmation, which shall be filed in the office of the County Clerk for safe keeping, to wit: I, A B, (inserting the name), Registry Agent for election precincts or districts Nos. . ., (mentioning the precincts or districts), in the county of .., (naming the county), and State of Nevada, do solemnly swear (or affirm, as the case may be) that I will perform the duties of Registry Agent, according to law and the best of my ability; and that, in discharging the duties of the same, I will studiously endeavor to prevent fraud, deceit and abuse. So help me God, (if an oath); under the pains and penalties of perjury, (if an affirmation.) Sec. 15. The Registry Agents shall have authority to administer oaths and affirmations, and to do such other acts as may be necessary or proper to carry out the provisions of this Act. Sec. 16. The name of no person shall be registered, by any Registry Agent, until such person shall pay into the hands of said Registry Agent, the poll tax of four dollars, due from such person for the electoral year for which he shall offer to be registered, or in case said poll tax shall have been already paid for such year, until the person offering to be registered shall present to the Registry Agent his poll tax receipt therefor. The Registry Agents shall receive ten per cent. of all poll taxes so collected by them, as compensation for all services rendered under the provisions of this Act; and shall, on the first judicial day of each month, hand over to the County Auditor, of their respective counties, the aggregate poll tax so collected during the preceding month (after deducting the said ten per cent.) together with a list of the persons paying the same. The County Auditors shall deliver to the several Registry Agents, of their respective counties, such number of blank poll tax receipts as may be deemed necessary, which shall be receipted and accounted for by said Agents, in the same manner as the County Assessors are required to do by law. For the faithful performance of the duties herein imposed, each Registry Agent shall, before entering upon the discharge of his duties, file with the County Clerk, of his county, a good and sufficient bond, in such sum as the Board of County Commissioners shall determine. Sec. 17. The County Commissioners of the several counties of the State may appoint a Registry Agent in precincts where there is no Justice of the Peace, or where the person elected or appointed Justice of the Peace fails to qualify or to act, who shall register the names of electors in such precincts, according to the provisions of this Act. Sec. 18. No person shall be entitled to vote at any election precinct, or district, unless his name shall, on the day of election, appear on the register furnished, as in this Act provided, for such precinct or district; provided, that in case any person shall vote, |
κ1866 Statutes of Nevada, Page 89 (CHAPTER 38)κ
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shall vote, or offer to vote, at any general, special or municipal election, but who shall not be a qualified elector, such person shall be deemed guilty of illegal voting, or illegally offering to vote, and on conviction of either of such offenses, before any court of competent jurisdiction, shall be imprisoned in the State Prison for any time not less than one, nor more than five years. Sec. 19. Any person who shall cause his name to be registered in any other election precinct, or district, than that in which he resides, or will reside by the next ensuing election, or who shall cause his name to be registered, knowing that he is not a qualified voter, or will not be by the then next ensuing election, in the precinct, or district, in which he causes such registry to be made, and any person causing, aiding or abetting any such person, in either of such acts, shall be punished for each offense, upon conviction thereof, by fine of not less than five hundred, nor more than five thousand dollars, or by imprisonment in the State Prison for not less than one, nor more than five years. Sec. 20. All willful, corrupt, and false swearing, and affirming, before any Registry Agent, shall be deemed perjury, and on conviction, shall be punished as such. If any Registry Agent, or any other person, in any manner concerned, shall willfully and corruptly violate any of the provisions of this Act, the penalty for which is not herein specifically prescribed, or be guilty of any fraud, deceit or abuse in the execution of the duties of his office, the penalty for which is not herein prescribed, he shall be punished for each and every offense whereof he shall be convicted, by imprisonment in the State Prison, for a term not less than one, nor more than seven years, or shall pay a fine of not less than fifty, nor more than one thousand dollars, or both, in the discretion of the court. Sec. 21. The Act entitled An Act to provide for the registration of the names of electors, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, approved March eleventh, one thousand eight hundred and sixty-five, is hereby repealed. |
Proviso.
Illegal voting.
Punishment for certain offenses.
Perjury.
Punishment where penalty is not prescribed.
Repeal. |
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Chap. XXXIX.An Act to amend an Act entitled An Act to Incorporate the City of Virginia, provide for the Government thereof, and repeal all other Laws in relation thereto, approved March 4, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventeen of an Act to incorporate the city of Virginia, provide for the government thereof, and repeal all other laws in relation thereto, approved March 4, 1865, is hereby amended so as to read as follows: |
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κ1866 Statutes of Nevada, Page 90 (CHAPTER 39)κ
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Powers of the Board of Aldermen. |
Section Seventeen. The Board of Aldermen shall have power-first, to make by-laws and ordinances not repugnant to the Constitution or laws of the United States, or of the State of Nevada. Second, to levy and collect taxes on all property within the city, both real and personal, made taxable by law for State or county purposes, except the proceeds of mines, which shall not be subject to taxation-which tax shall not exceed, in the aggregate, one per cent. per annum upon the assessed value of all such property-and to use the labor of the prisoners imprisoned in the city jail in such manner as they may deem proper; provided, that nothing in this subdivision shall be so construed as to authorize said Board to establish a chain-gang within the limits of said city. Third, to lay out, extend and alter the streets and alleys, provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and to condemn property for the public use in the following manner: The Board of Aldermen shall appoint one referee, and the owner or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees, with regard to the valuation of the property appraised by them, shall be the decision of all. Any person aggrieved by the decision of such referees, may appeal from the same to the District Court of the First Judicial District, at any time within thirty days from the rendition thereof. Fourth, to provide for the prevention and extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth, to regulate the storage of gunpowder, and other explosive or combustible materials. Sixth, to prevent and remove nuisances; also, to determine what are nuisances. Seventh, to create and establish a city police and jailers, to prescribe their duties and compensation, and provide for the regulation and government of the same; but the pay of the regular policemen and jailers employed at any one time shall not exceed the sum of ten thousand dollars per annum. Eighth, to fix and collect a license tax on and regulate all theatres and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables and livery stable keepers, express companies, and persons engaged in the business of transmitting letters or packages, and stage companies, or owners, whose place of business is in said city, or who shall have an agency therein; to license and regulate auctioneers and stock brokers; to license, tax and regulate, prohibit and suppress, all tippling houses, dram shops, raffles, hawkers, peddlers and pawnbrokers, refreshment or coffee stands, booths and sheds; also, to prohibit and suppress all gaming, gambling houses, disorderly houses, and houses of ill-fame; to fix and collect a license tax upon all professions, trades or business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed. |
κ1866 Statutes of Nevada, Page 91 (CHAPTER 39)κ
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ill-fame; to fix and collect a license tax upon all professions, trades or business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed. Ninth, to provide for all necessary public buildings for the use of the city. Tenth, to establish a Board of Health to prevent the introduction and spread of disease. Eleventh, to prevent and restrain any riot or riotous assembly, or disorderly conduct within said city. Twelfth, to fix and prescribe the punishment for the breach of any city ordinance; but no fine shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed of more than six months. Thirteenth, to compel the attendance of absent members; to punish members for their disorderly conduct, and to expel members for cause by a vote of three fourths of its members elected, and also to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Fourteenth, to make all necessary contracts and agreements for the benefit of the city; but no contract shall be made, nor any debt contracted, nor liability incurred, unless there is at the time actual cash in the treasury to meet such liability; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties and forfeitures for the breach of any city ordinances. |
Same. |
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Chap. XL.An Act to amend an Act entitled An Act to Incorporate the Town of Gold Hill, approved March 7, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of an Act to Incorporate the Town of Gold Hill, approved March 7, 1865, is hereby amended so as to read as follows: Section Sixteen. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada. Second-To levy and collect taxes upon all property within the town, both real and personal, made taxable by the laws of the State of Nevada, for State and county purposes, which are now in force, or which may hereafter be enacted, except the proceeds of mines, which shall not be subject to taxation; which tax shall not exceed one half of one per cent. per annum upon the assessed value of all property; provided, that the said Board of Trustees shall have power to levy and collect, annually, a further tax of one fourth of one per cent. for the payment of interest and installments upon bonds by them issued in defraying the expenses of protecting said town against fire; which bonds, in the aggregate, shall not be considered to exceed the sum of thirty-five thousand dollars; such further tax of one fourth of one per cent. |
Powers and duties of the Board of Trustees. |
κ1866 Statutes of Nevada, Page 92 (CHAPTER 40)κ
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Same. |
ceed the sum of thirty-five thousand dollars; such further tax of one fourth of one per cent. shall be levied and collected as a special tax, at the time and in the manner by them provided for the levying and collecting of the general tax. Third-To lay out and extend, open, alter and repair the streets, alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the preservation [prevention] and removal of obstructions from the streets and sidewalks; and in the creation of sidewalks, and making other improvements; to compel the owners of lots and property to bear the expense of erecting sidewalks, or creating improvements in front of the same, by special tax, or otherwise. Fourth-To provide for the prevention and extinguishment of fires. Fifth-To regulate the storage of gunpowder and other combustible material. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To create and establish a town police, 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 exhibitions and amusements. Ninth-To fix and collect a license tax on, and regulate, all taverns, hotels, saloons, bar rooms, hurdy-gurdy houses, and public dance houses; on auctioneers, hawkers and peddlers; on all dealers in liquors; on all drays, job wagons, or carts, or on any other public vehicle running within the limits of said town. Tenth-To license, tax and regulate, prohibit and suppress, all tippling houses, dram shops, and public card tables, raffles, hawkers, peddlers, and pawnbrokers; refreshment or coffee stands, booths and sheds; also, to prohibit and suppress all gaming, gambling houses, disorderly houses, and houses of ill-fame. Eleventh-To levy and collect an annual tax upon all dogs within the limits of said town, and provide for the extermination of all dogs for which such tax shall not have been paid. Twelfth-To provide for the issuance of licenses before named, for such terms, and in such sums as they may deem best. Thirteenth-To provide for all necessary public buildings for the use of said town. Fourteenth-To establish a Board of Health; to prevent the introduction and spread of disease, and provide for the indigent. Fifteenth-To prevent and restrain and riot, or riotous assemblage, or disorderly conduct, within said town; to close all places of business or amusement on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. |
κ1866 Statutes of Nevada, Page 93 (CHAPTER 40)κ
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Sixteenth-To fix and prescribe the punishment for the breach of any town ordinance or resolution; but no fine shall be imposed for any one 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 and compensation of all officers of said town; provided, that no member of the Board of Trustees shall receive, or be entitled to receive, for his services, any sum whatever. Eighteenth-To compel the attendance of absent members, to punish members for disorderly conduct, and to expel members, for cause, by a vote of four fifths of its members elected. Nineteenth-To make all necessary contracts and agreements for the benefit of the town; to contract debts on the faith of the town; but no debt shall be contracted, or liability be incurred, except upon a cash basis, nor which shall exceed, in the aggregate, inclusive of its present indebtedness, the sum of forty thousand dollars. The Board of Trustees shall have power, at all times, when they deem it expedient, to call in and fund the debt of said town, by the issuance of bonds, for outstanding claims or warrants, or bonds over due, payable in one, two and three years; which funded debt shall not bear interest greater than the legal interest of the State of Nevada. They shall have power to issue and sell bonds, bearing not to exceed two per cent. per month interest, for the purpose of creating a contingent fund for current expenses, or for the purpose of paying and canceling bonds already issued, when the same shall become due; but at no time shall the bonds so issued, together with all other liabilities of said town, exceed, in the aggregate, the said sum of forty thousand dollars. Twentieth-All ordinances made by said Trustees shall be signed by the President and Clerk of said Board, upon its journal of proceedings, where the same shall be written in full; and all scrip and bonds issued, contracts and agreements made, shall be signed by the President, and countersigned by the Clerk of said Board. Twenty-first-All taxes and fines imposed, and all scrip and bonds issued, shall be made payable in lawful money of the United States. Twenty-second-The Board of Trustees shall have power to condemn and appropriate, to the public use, or the use of the inhabitants of said town, all real or personal property within the limits of said town; and all claims and asserted rights or title of any person whomsoever, to such property, when they deem the same necessary for the opening of streets or alleys, or for other public purpose, such property shall be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner or owners of such property so to be condemned, shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, |
Same. |
κ1866 Statutes of Nevada, Page 94 (CHAPTER 40)κ
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Same. |
erty or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as final and binding; and, upon the tender of the sum named by said appraisers for such property, to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said town, and the Board of Trustees may cause, at once, to be removed from such property all persons and obstructions, by order, through the Marshal of said town, and take full and immediate possession of the same, for the public use and benefit, or possession of the same may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of said property shall refuse or neglect to appoint said referee, when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said board of referees, in the condemnation of property, or any claim, right or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate town of the legality of such asserted claim, right or title; and, in the condemnation of property, as in this section provided, said referees shall consider if the proposed improvement for which said property is so condemned, shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such proposed improvements to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; and whenever the said corporate body shall have become, in any manner, possessed of any real estate upon which any improvements shall have been made for the benefit of said town or corporate body, no judgment in ejectment shall be rendered against said town or corporate body, but only judgment for damages, in the value of said property, claim, right or title, at the time of the taking possession of the same, may be rendered. |
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Seal required.
Design. |
Chap. XLI.An Act to provide a Seal of State for the State of Nevada.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be a seal of the State of Nevada, which shall be kept by the Governor, and used by him officially, and shall be called The Great Seal of the State of Nevada the design of which shall be as follows, to wit: in the foreground, two large mountains, at the base of which, on the right, there shall be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a car load of ore, and a team loaded with ore for the mill. |
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nel, penetrating the silver leads of the mountain, with a miner running out a car load of ore, and a team loaded with ore for the mill. Immediately in the fore-ground there shall be emblems indicative of the agricultural resources of the State, as follows: A plow, a sheaf, and a sickle. In the middle ground, a train of railroad cars, passing a mountain gorge; also a telegraph line extending along the line of the railroad. In the extreme back-ground, a range of snow clad mountains, with the rising sun in the east. Thirty-six stars to encircle the whole groupe. In an outer circle, the words, The Great Seal of the State of Nevada, to be engraven with these words, for the motto of our State, All for Our Country. |
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Chap. XLII.An Act to amend an Act entitled An Act to provide for the Disincorporation of Cities and Towns Incorporated under the laws of the Territory of Nevada, approved February 7, 1865.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. The Board of Commissioners of each county shall have the power to disincorporate any city or town which may have been incorporated under the laws of this State, or the Territory of Nevada, upon the petition of a majority of the legal voters residing within the corporate limits of such city or town; but no corporation shall be dissolved, by virtue of this Act, unless it shall appear to the satisfaction of the Board that notice has been given of the intended application for such dissolution of the corporation, by advertisement in a newspaper published in the city or town praying to be disincorporated; and in case no such newspaper be published in said city or town, then by written notice, posted in three of the most public places in said city or town, for at least thirty days prior to such application; nor until all the liabilities of such city or town have been paid, or secured, to the satisfaction of the Board of County Commissioners. |
Board of County Commissioners granted power to disincorporate.
Notice.
Liabilities. |
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κ1866 Statutes of Nevada, Page 96κ
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Controller, how commissioned.
To give bond.
To report annually to Governor.
To keep and state all accounts, etc. |
Chap. XLIII.An Act Defining the Duties of State Controller.
[Approved February 24, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller shall be commissioned by the Governor, and shall keep his office at the seat of government. He shall not absent himself from the State for a longer period than ninety days without leave of absence obtained from the Legislature. Sec. 2. Before entering upon the duties of his office, he shall execute his official bond to the State of Nevada, with such sureties as shall be approved by the Governor, in the penal sum of fifteen thousand dollars, conditioned for the true and faithful performance of the duties enjoined by law, and for the safe delivery to his successor in office of all books, papers, documents, maps, vouchers and other effects belonging or appertaining to the office of Controller, or to the State of Nevada. Sec. 3. He shall digest, prepare and report to the Governor, on the first day of January, or within twenty-five days thereafter, annually, to be laid before the Legislature at each regular session, a complete statement of the condition of the revenues, taxable funds, resources, incomes and property of the State, and the amount of the expenditures for the preceding fiscal year; a full and detailed statement of the public debt; estimate of the revenues and expenditures for the succeeding fiscal year, specifying therein each object of expenditure, and distinguishing between each object of expenditure, and between such as are provided for by permanent or temporary appropriation, and such as require to be provided for by law. Also, a tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended; a tabular statement showing the amount of revenue chargeable to each county for the preceding year; the aggregate amount of each object of taxation, together with the tax due on the same; and shall recommend such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and, generally, for the better management and more perfect understanding of the fiscal affairs of the State. Sec. 4. He shall keep and state all accounts between the State of Nevada and the United States, or any State or Territory, or any individual, corporation or public officer of this State, indebted to the State, or intrusted with the collection, disbursement or management of any moneys, funds or interests, arising therefrom, belonging to the State, of every character and description whatsoever, where the same are derivable from or payable into the State Treasury. He shall examine and settle the accounts of all County Treasurers, and other collectors and receivers of all State revenues, taxes, tolls and incomes, levied or collected by any Act of the Legislature and payable into the State Treasury, and certify the amount or balance to the State Treasurer. |
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levied or collected by any Act of the Legislature and payable into the State Treasury, and certify the amount or balance to the State Treasurer. He shall keep fair, clear, distinct and separate accounts of all the revenues and incomes of the State, and also all the expenditures, disbursements and investments thereof, showing the particulars of every expenditure, disbursement and investment. Sec. 5. He shall audit all claims against the State which, by law, are specially authorized to be audited and paid out of the treasury, excepting only such claims as may be expressly required, by law, to be examined and adjusted by other officers or persons; and no claims for services rendered the State, or any officer thereof, shall be audited or allowed, unless such services or advances be specially authorized and the compensation fixed by law. Sec. 6. He shall draw all warrants upon the treasury for money, and each warrant shall express, in the body thereof, the particular fund out of which the same is to be paid, and no warrant shall be drawn on the treasury except there be an unexhausted specific appropriation, by law, to meet the same. The Controller shall keep an account of all warrants by him drawn on the treasury, and a separate account under the head of each specific appropriation in such form and manner as at all times to show the unexpended balance of each appropriation. Sec. 7. He shall direct the Attorney-General to institute and prosecute, in the name of the State, all proper suits for the recovery of any debts, moneys or property of the State, or for the ascertainment of any right or liability concerning the same. He shall direct and superintend the collection of all moneys due to the State. Sec. 8. Whenever any officer, or other person or persons or corporation, has received moneys belonging to the State, or has been intrusted with the collection, management or disbursement of any moneys, bonds or interest, accruing therefrom, belonging in a like manner to, or held in trust by, the State, and shall fail to render an account thereof to, and make settlement with, the Controller, within the time prescribed by law, or where no particular time is prescribed, shall fail to render such account and make settlement, upon being required to do so by the Controller, within ten days after such requisition, the Controller shall state an account against such officer, or person, charging twenty-five per cent. damages, and interest at the rate of two per cent. per month, from the time of failing to render an account and settle, as aforesaid. Sec. 9. Whenever any officer, or other person or persons or corporation, shall be indebted to the State and fail or refuse to make settlement with the Controller, as in this Act required, and shall fail to pay over to the Treasurer, on the printed or written order of the Controller, according to the provisions of this Act, the amount or balance to be paid by such officer, or other person or persons or corporation, into the treasury, or to such person or persons entitled by law to receive the same, within the time prescribed by law, or if no time be prescribed by law, then within the time specified by such Controller, the Controller, |
To audit all claims, etc.
To draw all warrants, etc.
To direct the prosecution of suits, etc.
To state an account against persons failing to make settlement.
To direct the institution of suit in certain cases |
κ1866 Statutes of Nevada, Page 98 (CHAPTER 43)κ
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Copy of account sufficient evidence.
Party subject to costs, when.
Same.
Duty to keep and preserve books, records, etc.
To give information to the Legislature.
Books, papers, etc., to be open to inspection.
Vacancy, how filled. |
Controller, upon being notified by such treasurer, or otherwise, of such failure, shall direct the Attorney-General to institute suit for the recovery of the amount due and unpaid, with damages and interest thereon, against such officer, or other person or persons or corporation. Sec. 10. A copy of the account, in such case, made out and certified by the Controller, with his official seal affixed thereto, shall be sufficient evidence to support an action in any court of competent jurisdiction, for the amount or balance stated therein to be due, without proof of the signature or official character of such Controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for his defense or discharge. Sec. 11. The party thus sued shall be subject to the costs and charges of suit, whether the ultimate decision be against him on in his favor, except in cases in which he shall have rendered a true account, and shall also have paid the full amount to the proper person authorized by law to receive the same, before the commencement of said suit, or where the suit is brought to recover against a deceased debtor to the State, before the expiration of the time prescribed by law, within which representatives are allowed by law to administer upon estates. Sec. 12. If any defendant in any suit prosecuted at the instance of the Controller, under the provisions of this Act, shall, at the trial, give any evidence which existed prior to the time, and within the knowledge of the defendant at the time of such adjustment and settlement of his accounts, and which was not produced to said Controller at the time of said settlement, such defendant shall be subject to the costs and charges of said suit, whether the ultimate decision be against him or in his favor. Sec. 13. It shall be the duty of the Controller to keep and preserve all public books, records, papers, documents, vouchers, and all conveyances, leases, mortgages, bonds, and all securities for debts, moneys or property, and accounts, and property of any description, belonging or appertaining to his office, and also to the State, where no other provision is made by law for the safe keeping of the same. Sec. 14. He shall give information to either house of the Legislature, whenever required, upon any subject relating to the fiscal affairs of the State, or touching any duty of his office; and shall perform all such other duties, not enumerated in this Act, as may be required by law. Sec. 15. All the books, papers, files, letters and transactions, pertaining to the office of Controller, shall be open to the inspection of the Governor, to the inspection of committees and members of the Legislature, or either branch thereof, or that of any other person authorized by law. Sec. 16. In case of the death, absence from the State for a period longer than ninety days without leave, removal from office, or impeachment of the Controller, the Governor shall make an appointment of some suitable person to perform the duties of the office of Controller for the remainder of the term for which the Controller was elected; |
κ1866 Statutes of Nevada, Page 99 (CHAPTER 43)κ
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for which the Controller was elected; and such person shall take the oath, and give the bond, required of the Controller, and shall receive the same compensation as is by law allowed to the Controller, in proportion to the time he shall be employed in such service. Sec. 17. If the Controller shall willfully neglect or refuse to perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor in office. Sec. 18. The Secretary of State shall procure and deliver to the Controller a seal of office, with some suitable device, and having engraved around the margin thereof the words, Controllers office of the State of Nevada; an impression of which seal shall be retained in the office of the Secretary of State as a record. Said seal shall be used for the authentication of all drafts and warrants drawn by the Controller, and of all copies of papers issued from his office. Sec. 19. The Controller shall charge and enter in a proper book or books, to be provided for that purpose, under distinct heads for each debtor, or disburser, or holder of public moneys, or dues to the State, of all and every description whatever, with a suitable index, arranged in alphabetical order, of all such persons, corporations, States, or the United States, as soon as such liabilities or indebtedness shall come officially to his knowledge, charging such officer, person or persons, corporations, States, or the United States, with the amount or amounts of such liabilities, stating whether such dues be in money, property, or securities of any kind; and particularly of all collectors of the public revenues of the State, and all dues to the State, whether money, property, securities, or other things, from any and all sources whatever, as soon as the same is due by law; or, if no time be stipulated or fixed by law, then as soon after twenty days notice as said Controller shall require the same to be paid, said Controller shall audit and state and require payment thereof; and if not paid, to proceed as directed by this Act, by suit, for the collection of the same. Sec. 20. Whenever any such debtor or debtors to the State have any such dues to the State ready to pay over, it shall be the duty of such debtor or debtors to call on the Controller for settlement of his or their account; and, after such settlement, it shall be the duty of the Controller to issue his written or printed order, beginning with number one and running in numerical order until the end of the fiscal year, and directed to the Treasurer, to receive from such person making such payment, stating, in such written or printed order, the amount of money to be paid, in such forms as he may prescribe, and hand said written or printed order to said debtor or person offering to pay money, who shall take the same to the Treasurer, and pay over to him the amount specified in said written or printed order, and take from the Treasurer a receipt for the said amount; and on delivery of said receipt to the Controller, it shall be his duty to give to said debtor a discharge for the said amount; |
Misdemeanor.
Seal of office.
To keep accounts with all debtors to the State.
Settlement and payment of accounts. |
κ1866 Statutes of Nevada, Page 100 (CHAPTER 43)κ
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To keep account with Treasurer.
How money drawn from treasury.
Duty respecting orders on the treasury and receipts.
To furnish Assessors and Collectors with blanks and books.
Office hours. |
amount; and the Controller shall immediately charge the Treasurer with the same; and in no case shall a discharge be granted to any debtor but on the delivery to the Controller of the Treasurers receipt, predicated on a previous and corresponding written or printed order, to pay such amount into the Treasury, in the manner prescribed in this Act. Sec. 21. It shall be the duty of the Controller to open and keep, in a suitable book or books, to be provided for that purpose, an account with the Treasurer, charging him, in the manner hereinbefore prescribed, with all the moneys for which the Treasurer may grant receipts, and with no other. Sec. 22. Whenever any person is entitled to draw, or to receive, any money from the Treasury, the Controller shall draw a warrant in his favor on the Treasurer, and deliver the same to the person entitled thereto, taking his receipt for the same, in a book of receipts, to be provided for that purpose, numbering the receipt the same as the warrant, and shall give the Treasurer credit for all such warrants, in the order in which he issues the same, in such manner as to show the date thereof, in whose favor it was drawn, the nature of the claim upon which it is founded, with a reference to the law under which it is drawn. Sec. 23. It shall be the duty of the Controller to number all the written or printed orders he issues to the Treasurer to receive money, beginning with number one at the beginning of each fiscal year, and running in numerical order until the end of the fiscal year. The present fractional year to constitute the first fiscal year. It shall likewise be the duty of the Controller to see, before filing the Treasurers receipt, that they are numbered with the corresponding numbers of the written or printed order on which the receipt was predicated, and to number on the back of each receipt the number thereof, and for what fiscal year, and carefully file away and preserve the same. Sec. 24. It shall be the duty of the Controller to provide suitable forms of blanks and books, and furnish the Assessors and Collectors of each county with the same, in such form and manner as will best effect the object of the statutes providing for the assessment and collection of the public revenues of the State. Sec. 25. The office of Controller shall be open for the transaction of business from ten oclock a. m. till four oclock p. m. of every day of the year, Sundays and public holidays excepted. |
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Chap. XLIV.An Act to Regulate the Civil Jurisdiction and Practice in Justices Courts, and to Consolidate into one Act former Provisions on the subject.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
CHAPTER I.
Section 1. The Courts held by Justices of the Peace shall be denominated Justices Courts. They shall have no terms, but shall always be open. Justices Courts shall be held in their respective townships, precincts or cities.
jurisdiction of cause of action.
Sec. 2. Justices Courts shall have jurisdiction of the following actions and proceedings: First-Of an action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed three hundred dollars. Second-Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars. Third-Of an action for a fine, penalty or forfeiture, not exceeding three hundred dollars, given by statute, or the ordinance of any incorporated or unincorporated city, town or village. Fourth-Of an action upon a bond conditioned for the payment of money, not exceeding three hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due. Fifth-Of an action upon a surety, bond or undertaking, though the penalty exceed, if the amount claimed does not exceed, three hundred dollars. Sixth-Of an action to recover the possession of person property, when the value of such property does not exceed three hundred dollars. Seventh-To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed three hundred dollars. Eighth-Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists. Ninth-Of actions when the possession of lands or tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceedings shall be as prescribed by the Acts upon that subject. Tenth-Of proceedings respecting vagrants and disorderly persons. Eleventh-Of suits for the collection of taxes, where the amount of the tax sued for does not exceed three hundred dollars. The jurisdiction conferred by this section shall not extend to a civil action in which the title to real estate or mining claims, or questions to boundaries of lands, are involved, or to actions to enforce mechanics liens; and if questions of title to real property be involved, cases involving such questions shall be disposed of as hereafter provided in this Act. |
Justices Courts.
Jurisdiction. |
κ1866 Statutes of Nevada, Page 102 (CHAPTER 44)κ
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Jurisdiction of the person.
Proviso.
Further jurisdiction.
Actions, how commenced. |
enforce mechanics liens; and if questions of title to real property be involved, cases involving such questions shall be disposed of as hereafter provided in this Act.
jurisdiction of the person.
Sec. 3. No person shall be held to answer to any summons issued against him from a Justices Court, in a civil action, in any township, precinct or city, other than the one in which he shall reside, except in the cases following: First-When there shall be no Justices Court for the township, precinct or city in which the defendant may reside, or no Justice competent to act in the case. Second-When two or more persons shall be jointly, or jointly and severally, bound in any debt or contract, or othewise jointly liable in the same action, and reside in different townships, precincts or cities, of the same county, or in different counties, the plaintiff may prosecute his action in a Justices Court of the township, precinct or city in which any of the debtors, or other persons liable, may reside. Third-In cases of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township, precinct or city where the injury was committed. Fourth-When personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township, precinct or city in which the property may be found, or in which the property was taken. Fifth-When the defendant is a non-resident of the county, he may be sued in any township, precinct or city wherein he may be found. Sixth-When a person has contracted to perform any obligation at a particular place, and resides in another township, precinct or city, he may be sued in the township, precinct or city in which such obligation is to be performed, or in which he resides; provided, that in the county seat of any county, and also in every incorporated city, any Justice holding Court at such county seat, or incorporated city, shall have jurisdiction where the defendant is found within the limits of such county seat, or incorporated city, irrespective of the residence of the defendant, and irrespective of township or precinct lines. Sec. 4. Justices Courts shall have jurisdiction of an action upon the voluntary appearance of the parties without summons, without regard to their residence, or the place where the cause of action arose, or the subject matter of the action may exist.
CHAPTER II.-Commencement of Action-Summons and Service.
Sec. 5. Actions in Justices Courts shall be commenced by filing a copy of the note, account, bill, bond or instrument, upon which the action is brought, or by giving to the Justice, in writing, or orally, a concise statement of the cause of action, which the Justice shall embody in the summons; and by the issuance of a summons thereon, or by the voluntary appearance and pleadings of the parties without summons. In the latter case the action shall be deemed commenced at the time of appearance. |
κ1866 Statutes of Nevada, Page 103 (CHAPTER 44)κ
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Sec. 6. When a guardian is necessary, he shall be appointed by the Justice, as follows: First-If the infant be plaintiff, the appointment shall be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some relative or friend. The consent, in writing, of the guardian to be appointed, and to be responsible for costs, if he fail in the action, shall be first filed with the Justice. Second-If the infant be defendant, the guardian shall be appointed at the time the summons is returned, or before the pleadings. It shall be the right of the infant to nominate his own guardian, if the infant be over fourteen years of age; and the proposed guardian be present and consent, in writing, to be appointed. Otherwise the Justice may appoint any suitable person who gives such consent. Sec. 7. The summons shall be addressed to the defendant, by name, or if his name be unknown, by a fictitious name; and shall summon him to appear before the Justice, at his office, naming its township, precinct or city, and at a time specified therein, to answer the complaint of the plaintiff, for a cause of action therein described, in general terms, sufficient to apprise the defendant of the nature of the claim against him; and in an action for money or damages, shall state the amount for which the plaintiff will take judgment, if the defendant fail to appear and answer. It shall be subscribed by the Justice before whom it is returnable. Sec. 8. The time mentioned in the summons for the appearance of the defendant, and the time of service, shall be as follows: First-When the summons is accompanied with an order to arrest the defendant, it shall be returnable immediately. Second-When the defendant is neither a resident of the township, nor of the city, or when the plaintiff is not such resident, it shall be returnable not more than three days from its date, and shall be served at least one day before the time for appearance, except in cases where the summons is to be served by publication, in which case the service shall be as hereinafter provided. Third-In all other cases it shall be returnable in not less than two, or more than ten days, from its date, and shall be served at least two days before the time for appearance; provided, when the defendant is a non-resident of the township, precinct or city, where the action is brought, such defendant may appear at any time, after service of summons, by giving one days notice to the plaintiff or his attorney. Sec. 9. The summons shall be served by the Sheriff or a Constable of the county, as follows: First-If the action be against a corporation, by a delivery of a copy to the President or other head of the corporation, or to the Secretary, Cashier, or managing agent thereof; or, when no such officer resides in the county, to a director resident therein. Second-If against a minor, under the age of fourteen years, by a delivery of a copy to such minor, and also to his father, mother or guardian; or, if there be none within the county, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is. Third-If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by delivering a copy to such guardian. |
Guardian, how appointed.
Summons, form of.
Time of service and appearance.
Proviso.
How served. |
κ1866 Statutes of Nevada, Page 104 (CHAPTER 44)κ
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Service by publication.
When order for arrest may be indorsed.
Same. |
judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by delivering a copy to such guardian. Fourth-In all other cases, by delivery of the copy to the defendant personally. Sec. 10. When the person upon whom the service is to be made resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, and the fact shall appear by affidavit to the satisfaction of the Justice, and it shall in like manner appear that a cause of action exists against the defendant, in respect to whom the services is to be made, the Justice shall grant an order that the service be made by the publication of the summons. The order shall direct the publication to be made in a newspaper, to be designated, as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week; provided, that a publication against a defendant residing out of the State, or absent therefrom, shall not be less than one month. The service of the summons shall be deemed complete at the expiration of the time prescribed by the order of publication. The Justice shall also direct a copy of the summons to be forthwith deposited in the post-office, directed to the person to be served, at his or her last known place of residence.
CHAPTER III.-Arrest.
Sec. 11. An order to arrest the defendant may be indorsed on the summons issued by the Justice, and the defendant may be arrested thereon by the Sheriff or Constable at the time of serving the summons, and brought before the Justice, and there detained until duly discharged, in the following cases, arising after the passage of this Act: First-In an action for the recovery of money or damagers on a cause of action arising upon contract, express or implied, when the defendant is about to start from the State, with intent to defraud his creditors, or when the action is for willful injury to the person, or for taking, detaining or injuring personal property. Second-In an action for a fine or penalty, or for money or property embezzled or fraudulently misapplied or converted to his own use, by an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity. Third-When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought. Fourth-When the defendant has removed, concealed or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action; and nothing in this chapter shall be held to authorize imprisonment for debt, except in cases of fraud. Sec. 12. Before an order for an arrest shall be made, the party applying shall prove, to the satisfaction of the Justice, by the affidavit of himself, or some other person, the facts on which the application is founded. |
κ1866 Statutes of Nevada, Page 105 (CHAPTER 44)κ
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which the application is founded. The plaintiff shall also execute and deliver to the Justice a written undertaking, with two or more sureties, to the effect that if the defendant recover judgment the plaintiff will pay to him all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred dollars. Sec. 13. The defendant, immediately upon being arrested, shall be taken to the office of the Justice who made the order, and if he be absent or unable to try the action, or if it be made to appear to him, by the affidavit of the defendant, that he is a material witness in the action, the officer shall immediately take the defendant before the next Justice of the city, township or precinct within the county, who shall take cognizance of the action, and proceed therein as if the summons had been issued and the order of arrest made by him. Sec. 14. The officer making the arrest shall immediately give notice thereof to the plaintiff, or his attorney or agent, and indorse on the summons, and subscribe a certificate, stating the time of serving the same, the time of arrest, and of his giving notice to the plaintiff. Sec. 15. The officer making the arrest shall keep the defendant in custody until duly discharged by order of the Justice. Sec. 16. The defendant under arrest on his appearance with the officer, may demand a trial immediately, and, upon such demand being made, the trial shall not be delayed beyond three hours, except by the trial of another action pending at the time; or he may have an adjournment, and be discharged on giving bail, as provided in the next section. An adjournment, at the request of the plaintiff, beyond three hours, shall discharge the defendant from arrest, but the action may proceed notwithstanding, and the defendant shall be subject to arrest on the execution, in the same manner as if he had not been so discharged. Sec. 17. If the defendant, on his appearance, demand an adjournment, the same shall be granted, on condition that he execute and file with the Justice an undertaking, with two or more sufficient sureties, to be approved by the Justice, to the effect that he will render himself amenable to the process of the Court during the pendency of the action, and such as may be issued to enforce the judgment therein; or that the sureties will pay to the plaintiff the amount of any judgment which he may recover in the action. On filing the undertaking specified in this section, the Justice shall order the defendant to be discharged from custody.
CHAPTER IV.-Attachment.
Sec. 18. A writ to attach the property of the defendant shall be issued by the Justice at the commencement of the suit, or at any time thereafter, on receiving an affidavit, by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in section one hundred and twenty-one, as amended, of the civil practice act. |
When defendant may be taken before another justice.
Duty of officer making arrest.
Same.
Defendant under arrest may demand immediate trial.
How defendant may obtain adjournment.
Attachment, when may issue. |
κ1866 Statutes of Nevada, Page 106 (CHAPTER 44)κ
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Undertaking to be demanded.
Writ, form of.
What property may be attached.
Perishable property.
How writ executed. |
one, as amended, of the civil practice act. The writ may issue on Sundays and legal holidays, in the same cases and on the same terms as provided for in suits brought in the District Courts. Sec. 19. Before issuing the writ, the Justice shall require a written undertaking, on the part of the plaintiff, with two or more sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment. The undertaking shall be for at least one half the amount claimed in the affidavit. Sec. 20. The writ may be directed to the Sheriff, or any Constable, of the county, and shall require him to attach and safely keep all the property of the defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiffs demand, the amount of which shall be stated in conformity with the complaint, unless the defendant give him security, by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs, in which case he shall take such undertaking. Sec. 21. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profits thereon; and all debts due such defendant, and all other property of such defendant in the State, not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution. If perishable property be attached, or if the Justice is satisfied that the interest of both parties will be subserved by a sale of the personal property attached, the Court or Justice may, if no undertaking be given, as provided in the last preceding section, order such property to be sold, in the same manner as property is sold under execution, and the proceeds to be deposited in Court to abide the judgment in the action. Such order, however, shall be made only upon notice to the adverse party, or his attorney, in case such party has been served with summons, or appeared in the action, and after opportunity has been given to show cause against such order. Sec. 22. The Sheriff or Constable to whom the writ is directed and delivered, shall execute the same without delay, unless the defendant give him security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs; in which case he shall take such undertaking. But if such undertaking be not given, the writ shall be executed as follows: First-Real property shall be attached, by leaving a copy of the writ with the occupant thereof; or if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county. Second-Personal property, capable of manual delivery, shall be attached by taking it into custody. Third-Stock or shares, or interest in stock or shares, of any corporation or company, shall be attached by leaving with the President, or other head of the same, or the Secretary, Cashier or Managing Agent thereof, a copy of the writ, and a notice, stating the stock or interest of the defendant is attached in pursuance of such writ. |
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copy of the writ, and a notice, stating the stock or interest of the defendant is attached in pursuance of such writ. Fourth-Debts and credits, and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession or under his control, such credits or other personal property, a copy of the writ, and a notice that the debts, owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ. Sec. 23. Upon receiving information, in writing, from the plaintiff, or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the Constable shall serve upon such person a copy of the writ, and a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such writ. Sec. 24. All persons having in their possession, or under their control, any credits or other personal property, belonging to the defendant, or owing any debts to the defendant, at the time of service upon them of a copy of the writ and notice, as provided in the last two sections, shall be, unless such property be delivered up, or transferred, or such debts be paid to the Constable, liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged or any judgment recovered by him be satisfied. Sec. 25. Any person owing the defendant, or having in his possession, or under his control, any credits, or other personal property, belonging to the defendant, may be required to attend before the Court or Justice, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The Court or Justice may, after such examination, order personal property, capable of manual delivery, to be delivered to the Constable on such terms as may be just, having reference to any liens thereon, or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof. Sec. 26. The Constable shall make a full inventory of all the property attached, and return the same with the writ. To enable him to make such return as to debts and credits attached, he shall request, at the time of service, the party owing the debt, or having the credit, to give him a memorandum, stating the amount and description; and if such memorandum be refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amount and description of such debt or credit. Sec. 27. If any of the property attached be perishable, the Constable shall sell the same in the manner in which such property is sold on execution. The proceeds, and other property attached by him, shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. |
Property in hands of third party, how attached.
Liability of third party.
Examination of third party.
Return of constables.
Perishable property to be sold. |
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Property claimed by third party.
Judgment, how satisfied
Same.
Proceedings when execution returned unsatisfied. When defendant recovers judgment.
Discharge of attachment, when made.
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ment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached, may be collected by him, if the same can be done without suit. The Constables receipt shall be a sufficient discharge for the amount paid. Sec. 28. If any personal property attached, be claimed by a third person as his property, the Constable may summon a jury of six men to try the validity of such claim; and such proceedings shall be had thereon, with the like effect, as in a case of claim after levy upon execution. Sec. 29. If any judgment be recovered by the plaintiff, the Constable shall satisfy the same out of the property attached by him, which has not been delivered to the defendant, or a claimant, as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose: First-By paying to the plaintiff the proceeds of all sales of perishable property, sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment. Second-If any balance remain due, and an execution shall have been issued on the judgment, he shall sell, under the execution, so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notice of the sales shall be given, and the sales conducted, as in other cases of sales on execution. Sec. 30. If, after selling all the property attached by him, remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits, collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the Constable shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the Constable, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached, unapplied on the judgment. Sec. 31. If the execution be returned unsatisfied, in whole or in part, plaintiff may prosecute any undertaking given pursuant to section twenty-one, or section thirty-three, or he may proceed, as in other cases, upon the return of an execution. Sec. 32. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales, and money collected by the Constable, and all the property attached remaining in the Constables hands, shall be delivered to the defendant or his agent, the order of attachment shall be discharged, and the property released therefrom. Sec. 33. Whenever the defendant shall have appeared in the action, he may apply, upon reasonable notice, to the plaintiff, to the Court in which the action is pending, or to the Justice thereof, for an order to discharge the same upon the execution of the undertaking mentioned in the next section; and if the application be granted, all the proceeds of the sales, and moneys collected by the Constable, and all the property attached, remaining in his hands, shall be released from attachment, and delivered to the defendant upon the justification of the sureties on the undertaking, if required, by the plaintiff. |
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ment, and delivered to the defendant upon the justification of the sureties on the undertaking, if required, by the plaintiff. Sec. 34. Upon such application, the defendant shall deliver to the Court or Justice an undertaking, executed by at least two sureties, residents and freeholders, or householders, in the county, to the effect that the sureties will, on demand, pay to the plaintiff the amount of any judgment that may be recovered in favor of the plaintiff in the action, not exceeding the sum specified in the undertaking, which shall be sufficient to satisfy the amount claimed by the plaintiff in his complaint, and the costs. The sureties may be required to justify, on such application before the Court or Justice, and the property attached shall not be released from the attachment without their justification, if the same be required. Sec. 35. The defendant may also, at any time, apply, on motion, upon reasonable notice to the plaintiff, to the Court in which the action is brought, or to the Justice thereof, that the attachment be discharged, on the ground that the writ was improperly issued. Sec. 36. If the motion be made, upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other evidence, in addition to those on which the order of attachment was made. Sec. 37. If, upon such application, it shall satisfactorily appear that the writ of attachment was improperly issued, it shall be discharged. Sec. 38. The Constable shall return the writ of attachment with the summons, if issued at the same time; otherwise, as soon as it is served.
CHAPTER V.-Claim and Delivery of Personal Property.
Sec. 39. The plaintiff, in an action to recover the possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him, as provided in this Act. Sec. 40. When a delivery is claimed an affidavit shall be made by the plaintiff, or by some one in his behalf, showing: First-That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof. Second-That the property is wrongfully detained by the defendant. Third-The alleged cause of the detention thereof, according to his best knowledge, information and belief. Fourth-That the same has not been taken for a tax, assessment or fine, pursuant to statute, or seized under an execution or an attachment against the property of the plaintiff; or, if seized, that it is by statute exempt from such seizure. And, fifth-The actual value of the property. Sec. 41. The Justice shall thereupon, by an indorsement in writing upon the affidavit, order the Sheriff, or a Constable of the county, to take the same from the defendant and deliver it to the plaintiff, upon receiving the undertaking mentioned in the following section. |
Undertaking of defendant
Motion to discharge.
What to prove.
Discharge.
Return of Constable.
Plaintiff may claim delivery of property.
Delivery, how claimed.
Order for. |
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Duty of the officer in the premises.
Excepting to sureties.
How defendant may reclaim property.
Justification of defendants sureties |
Sec. 42. Upon the receipt of the affidavit and the order, with a written undertaking, executed by two or more sufficient sureties, approved by the officer, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the officer shall forthwith take the property described in the affidavit, if it be in the possession of the defendant, or his agent, and retain it in his custody. He shall, also, without delay, serve on the defendant a copy of the affidavit, order and undertaking, by delivering the same to him personally, if he can be found within the county, or to his agent from whose possession the property is taken; or, if neither can be found within the county, by leaving them at the usual place of abode of either, within the county, with some person of suitable age and discretion; or, if neither have any known place of abode within the county, by putting them into the nearest post-office, directed to the defendant. Sec. 43. The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the officer that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify, on notice, before the Justice; and the officer shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant excepts to the sureties, he cannot reclaim the property, as provided in the next section. Sec. 44. At any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the officer a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If a return of the property be not so required within two days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in this Act. Sec. 45. The defendants sureties, upon reasonable notice to the plaintiff, shall justify before the Justice; and upon such justification the officer shall deliver the property to the defendant. The officer shall be responsible for the defendants sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time appointed, he shall deliver the property to the plaintiff. If the property, or any part thereof, be concealed in a building or inclosure, the officer shall publicly demand its delivery; and if it be not delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession. |
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Sec. 46. When the officer shall have taken property as in this chapter of this Act provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same. Sec. 47. If the property taken be claimed by any other person than the defendant, or his agent, and such person make affidavit to his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the officer, the officer shall not be bound to keep the property, or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the officer against such claim by an undertaking executed by two sufficient sureties, accompanied by their affidavits, that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders of the county; and no claim to such property, by any other person than the defendant, or his agent, shall be valid against the officer, unless so made. Sec. 48. The officer shall return the order, and affidavit with his proceedings thereon, to the Justice, within five days after taking the property mentioned therein. Sec. 49. The qualification of sureties on the several undertakings required by this chapter of this Act shall be as follows: First-Each of them shall be a resident and a householder, or freeholder, within the county. Second-Each shall be worth double the amount stated in the undertaking, over and above all his debts and liabilities, exclusive of the property exempt from execution. Sec. 50. For the purpose of justification, each of the sureties shall attend before the Justice, at the time mentioned in the notice, and may be examined on oath, on the part of the adverse party, touching his sufficiency, in such manner as the Justice, in his discretion, may think proper. The examination shall be reduced to writing and subscribed by the sureties if required. Sec. 51. If the Justice find the sureties sufficient, he shall annex the examination to the undertaking, endorse his allowance thereon and file the same, and the officer shall, thereupon, be exonerated from liability.
CHAPTER VI.-Pleadings and Trial.
Sec. 52. The pleadings in Justices Courts shall be: First-The complaint by the plaintiff, stating the cause of action. Second-The answer by the defendant, stating the grounds of the defense. Sec. 53. The pleadings may be written or oral, at the option of the parties, except when the action is for possession of lands or tenements, where such possession has been unlawfully or fraudulently obtained or withheld, in which case they shall be in writing and verified by oath; but when the action is upon an account, or upon a note, bill, bond or other written instrument, a copy of such account, or other instrument, shall be filed at the commencement of the action. |
Disposition of property by officer.
Proceedings if property is claimed by third party.
Return of order.
Qualification of sureties.
Justification of sureties.
Sureties sufficient proceedings by Justice.
Pleadings defined.
When to be in writing and verified. |
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Oral to be entered; written to be filed.
Complaint, what to state. Answer, what to contain.
When cause arises, instrument for payment of money.
May unite several causes of action.
Intervention of third party.
Instruments, genuineness to be admitted. |
ment, a copy of such account, or other instrument, shall be filed at the commencement of the action. Sec. 54. When the pleadings are oral, the substance of them shall be entered by the Justice in his docket; when in writing, they shall be filed in his office, and a reference to them made in the docket. Pleadings shall not be required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended. Sec. 55. The complaint shall state, in plain and direct manner, the facts constituting the cause of action. Sec. 56. The answer may contain a denial of any of the material facts stated in the complaint, which the defendant believes to be untrue, and also a statement, in a plain and direct manner, of any other facts constituting a defense, or a counter claim or set off upon which an action might be brought by the defendant against the plaintiff in a Justices Court. If a defendant has no personal knowledge of the facts charged, he may deny the same, according to his information and belief. Sec. 57. When the cause of action, counter claim or set off arises upon an account, or upon an instrument for the payment of money only, it shall be sufficient for the party to deliver a copy of the account or instrument to the Court, and to state that there is due to him thereupon, from the adverse party, a specified sum, which he claims to recover or set off. The Court may, at the time of the pleading, require that the original account, or instrument, be exhibited to the inspection of the adverse party, and that a copy be furnished; or, if it be not so exhibited and a copy furnished, may prohibit its being afterward given in evidence. If the cause of action, counter claim or set off exceeds in amount the sum of three hundred dollars, not including interest, the defendant shall not give the same in evidence unless he enter his remission of the excess in writing. Sec. 58. The plaintiff may unite several causes of action in the same complaint where they all arise out of: First-Contracts, express or implied. Second-Claims to recover specific personal property, with or without damages, for the withholding thereof. Third-Injuries to persons. Fourth-Injuries to property. But the cause of action so united shall belong to one only of these classes, and shall affect all the parties to the action, and shall not require different places of trial, and shall be separately stated. Sec. 59. Any third party claiming an interest in the matter in litigation, may intervene, by filing an intervention with the Justice before whom the action is pending, stating the grounds on which his claim rests. The Court shall decide upon the intervention at the same time that the main case is decided, and shall give judgment according to the rights of the several parties. The intervention may be filed before or after issue joined. If the claim of the intervenor be not sustained, he shall pay all costs incurred by the intervention. Sec. 60. If the plaintiff annex to his complaint, on file with the Justice at the time of issuing the summons, a copy of the promissory note, bill of exchange, or other written obligation for the payment of money, |
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for the payment of money, upon which the action is brought, the defendant shall be deemed to admit the genuineness of the signatures of the makers, indorsers, or assignors thereof, unless he specially deny the same in his answer, and verify the same by his oath. If the plaintiff or defendant, in his oral or written pleadings, allege the existence of a corporation or copartnership, in either plaintiff or defendant in the action, the existence of such corporation or copartnership shall be deemed admitted, unless the party wishing to deny the same file an affidavit in the action denying the existence of such corporation or copartnership; and the denial, in order to put such allegation in issue, shall be positive and not on information and belief. Sec. 61. Either party may object to a pleading of his adversary, or to any part thereof, that it is not sufficiently explicit to enable him to understand it, or that it contains no cause of action or defense, although it be taken as true. If the Court deem the objection well founded, it shall order the pleading to be amended, and if the party refuse to amend, the defective pleading shall be disregarded. Sec. 62. A variance between the proof on the trial, and the allegations in the pleadings, shall be disregarded as immaterial, unless the Court be satisfied that the adverse party has been misled, to his prejudice thereby. Sec. 63. The pleadings may be amended at any time before the trial, to supply a deficiency or omission, when by such amendment substantial justice will be promoted. If the amendment be made after the issue, and it be made to appear to the satisfaction of the Court, by oath, that an adjournment is necessary to the adverse party in consequence of such amendment, an adjournment shall be granted. The Court may, also, in its discretion, require as a condition of an amendment, the payment of costs to the adverse party, to be fixed by the Court, not exceeding twenty dollars; but such payment shall not be required unless an adjournment is made necessary by the amendment; nor shall an amendment be allowed after a witness is sworn on the trial where an adjournment thereby will be made necessary. Sec. 64. The parties shall not be at liberty to give evidence by which the question of title to real property shall be raised on the trial before a Justice, and if it appear from the plaintiffs own showing, on the trial, or from the answer of the defendant, verified by his oath, or that of his agent or attorney, that the determination of the action will necessarily involve the decision of a question of title to real property, the Justice shall suspend all further proceedings in the action, and certify the pleadings; or if the pleadings be oral, a transcript of the same from his docket to the District Court held in the county; and from the time of filing such pleadings or transcript with the Clerk of such Court, the District Court shall have over the action the same jurisdiction as if it were originally commenced therein; provided, that when the pleadings or transcript are certified to the District Court, upon the answer of the defendant, he shall file an undertaking, with two or more sufficient sureties, to be approved by the Justice, to the effect that they will pay all costs of the action if it be decided against him by the District Court. |
Corporation deemed admitted.
Objections to pleadings.
Variance.
Amendment of pleadings.
Title of real property not to be raised.
Proviso. |
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When action to be transferred.
Proviso.
How transferred.
Proviso.
Notice.
Adjournment of hearing. |
sureties, to be approved by the Justice, to the effect that they will pay all costs of the action if it be decided against him by the District Court.
CHAPTER VII.-Change of Venue.
Sec. 65. If, at any time before the trial, it appear to the satisfaction of the Justice, before whom the action is brought, by affidavit of either party, that such Justice is a material witness for either party, or if either party, or any one on his behalf, make affidavit that he has reason to believe, and does believe, that such party cannot have a fair and impartial trial before such Justice by reason of the interest, prejudice or bias of such Justice, stating the facts upon which such belief is founded, the action shall be transferred to some Justice of the same or a neighboring township; provided, however, that if the other party shall demand a jury, the action shall not be so transferred, unless the party wishing a change of venue, or some one on his behalf, shall make affidavit that such party cannot have a fair or impartial trial, on account of the bias of the citizens of the township, precinct or city against him; but in case a jury be so demanded, and such last named affidavit be made, then the action shall be transferred, as aforesaid; but only one transfer shall, in any case, be allowed to either party. Sec. 66. The Justice to whom an action shall be transferred by the provisions of this section shall have and exercise the same jurisdiction over the action as if it had been originally commenced before him. The Justice ordering the transfer of the action to another Justice shall immediately transmit to the latter, on payment by the applicant of all Justices and officers costs unpaid and due from him, and the costs of making a copy of the docket for transmission, all the papers in the action, together with a certified copy from his docket, of the proceedings therein; provided, that if the applicant fail to pay said costs within the space of one hour from the granting of the order, the Justice shall vacate the order changing the place of trial, and proceed to try the case as though the order had not been made. Sec. 67. The Justice to whom the case is transferred shall issue a notice, stating the time and place, when and where the trial will be had; which notice shall be served upon the opposite party by any officer authorized to serve process in a Justices Court, or by any person specially appointed by the Justice, at least one day before the trial, unless such notice shall be waived, or the time for the trial agreed upon by the parties.
CHAPTER VIII.-Adjournment and Continuance.
Sec. 68. Upon the return day of the summons, if a jury be required, the hearing may be adjourned long enough to procure a jury; or, if the Justice be actually engaged in other official business, he may adjourn the trial, without the consent of either party, as follows: First-When a party who is not a resident of the county is a litigant, the adjournment shall not exceed twenty-four hours. |
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exceed twenty-four hours. Second-When a party is under arrest, the adjournment shall not exceed three hours. But, in all cases, the Justice shall delay no longer than absolutely necessary to transact the business then before him. Sec. 69. The trial may be adjourned by consent, or upon application of either party, without the consent of the other, for a period not exceeding ten days (except as provided in the next section), as follows: First-The party asking the adjournment shall, if required by his adversary, prove by his own oath, or otherwise, that he can not, for want of material testimony, which he expects to procure, safely proceed to trial; and shall show in what respect the testimony expected is material, and that he has used due diligence to procure it, and has been unable to do so. Second-The party asking the adjournment shall, also, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance, be then taken, by deposition, before the Justice, which shall accordingly be done; and the testimony so taken may be read on the trial, with the same effect, and subject to the same objections, as if the witness were produced; but such objections shall be made at the time of taking the deposition. Third-The Court may also require the moving party to state, upon affidavit, the evidence which he expects to obtain; and if the adverse party thereupon admit that such evidence would be given, and that it is to be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed. Sec. 70. An adjournment may be had, either at the time of joining issue, or at any subsequent time to which the case may stand adjourned, on application of either party, for a period longer than ten days, but not to exceed four months, from the time of the return of the summons, upon proof, by the oath of the party, or otherwise, to the satisfaction of the Justice, that such party cannot be ready for trial before the time to which he desires an adjournment, for want of material evidence, particularly describing it, and that the delay has not been made necessary by any act of negligence on his part since the action was commenced, and that he has used due diligence to procure the evidence, and has been unable to do so, and that he expects to procure the evidence at the time stated by him; provided, that if the adverse party admit that such evidence would be given, and consent that it may be considered as given on the trial, or offered, and overruled as improper, the adjournment shall not be had. Sec. 71. No adjournment shall be granted for a period longer than ten days upon the application of either party, except on condition that such party file an undertaking with sureties, to be approved by the Justice, to the effect that they will pay to the opposite party the amount of any judgment which may be recovered against the party applying. Sec. 72. If the plaintiff fail to appear at the return day of the summons, the action shall be dismissed. If the defendant fail to appear at the return day of the summons, or if either party fail to attend at a day to which the trial has been adjourned, or fail to make the necessary pleadings or proof on his part, the case may, nevertheless, proceed at the request of the adverse party, and judgment shall be given in conformity with the pleadings and proofs. |
Same.
Same.
Same.
When action may be dismissed. |
κ1866 Statutes of Nevada, Page 116 (CHAPTER 44)κ
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When proceeded with.
Trial by jury; when demanded.
Proceedings when jury trial demanded.
Same.
Same.
Challenging jurors.
Judgment of dismissal without prejudice, in what cases entered. |
journed, or fail to make the necessary pleadings or proof on his part, the case may, nevertheless, proceed at the request of the adverse party, and judgment shall be given in conformity with the pleadings and proofs. Sec. 73. A trial by jury shall be demanded at the time of joining issue, and shall be deemed waived if neither party demand it. When demanded, the trial of the case may be adjourned until a time and place fixed for the return of the jury. If neither party desire an adjournment, the time and place shall be determined by the Justice, and shall be on the same day, or within the next two days. The jury shall be summoned, upon an order of the Justice, from the citizens of the city or township, and not from the bystanders. Sec. 74. At the time appointed for the trial, the Justice shall proceed to call from the jurors summoned the names of the persons to constitute the jury for the trial of the issue. The jury, by consent of the parties, may consist of any number, not more than twelve nor less than three. Sec. 75. If a sufficient number of competent and indifferent jurors do not attend, the Justice shall direct others to be summoned from the vicinity, and not from the bystanders, sufficient to complete the jury. Sec. 76. Either party may challenge the jurors. The challenges shall either be peremptory or for cause. Either party shall be entitled to three peremptory challenges. Either party may challenge for cause, and challenges for cause shall be tried by the Justice, in a summary manner, who may examine the jurors challenged and witnesses. Challenges for cause may be taken on one or more of the following grounds: First-A want of any of the qualifications, prescribed by statute, to render a person competent as a juror. Second-Consanguinity or affinity within the third degree of either party. Third-Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either party, or being security on any bond or obligation for either party, or being a member of the family of either party, or a partner in business with either party. Fourth-Having served as a juror or been a witness on a previous trial between the same parties, on the same cause of action. Fifth-Interest on the part of the juror in the event of the action, or in the main question involved in the action, except the interest of the juror as a member or citizen of a municipal corporation. Sixth-Having formed or expressed an unqualified opinion, or belief, as to the merits of the action or the main question involved therein. Seventh-The existence of a state of mind in the juror evincing enmity against, or bias to, either party.
CHAPTER IX.-Judgment and Execution.
Sec. 77. Judgment that the action be dismissed without prejudice to a new action may be entered, with costs, in the following cases: First-When the plaintiff voluntarily dismisses the action before it is finally submitted. Second-When he fails to appear at the time specified in the summons, or upon adjournment, or within one hour thereafter. |
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or upon adjournment, or within one hour thereafter. Third-When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city; but if the objection be taken and overruled, it shall be cause only of reversal, on appeal, and shall not otherwise invalidate the judgment. If not taken at the trial, it shall be deemed waived, and shall not be cause of reversal. Sec. 78. When the defendant fails to appear and answer at, or before, the expiration of one hour after the time fixed in the summons, or upon adjournment, judgment shall be given for the plaintiff, as follows: When a copy of the account, note, bill or other obligation upon which the action is brought, was filed with the Justice at the time the summons was issued, judgment shall be given without further evidence, for the sum specified in the summons. Sec. 79. Upon issue joined, if a jury trial be not demanded, the Justice shall hear the evidence and decide all questions of fact and of law, and render judgment accordingly. Sec. 80. Upon a verdict, the Justice shall immediately render judgment in conformity thereto. When the trial is by the Justice, judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody; in other cases it shall be entered within two days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, or who have voluntarily appeared, if the contract be a several, or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all defendants, but shall only be enforced against the joint property of all, and the individual property of the defendants served, or who have voluntarily appeared in the action. Sec. 81. When the amount found due to either party exceeds the sum for which the Justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue; provided, that if the cause of action, counter claim or set off, shows an excess, such excess shall have first been remitted, as provided in section fifty-six of this Act. Sec. 82. If the defendant, at any time before the trial, offer in writing, to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum equal to the offer, he shall not recover costs, but costs shall be adjudged against him, and if he recover, deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to affect the recovery, otherwise than as to costs as above provided. Sec. 83. When a judgment is rendered in a certain case, when the defendant is subject to arrest and imprisonment thereon, it shall be so stated in the judgment, and entered in the docket. |
judgment by default.
Jury trial not demanded.
Judgment, how and when entered.
When amount exceeds jurisdiction.
Proviso.
When defendant offers to allow judgment for specified sum.
Judgment when defendant is subject to arrest. |
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Costs to be included in judgment.
Transcript of judgment.
Process on judgment. how issued.
Lien.
Execution may issue.
Proviso.
Form of execution. |
Sec. 84. When the prevailing party is entitled to costs by this Act, the Justice shall add their amount to the verdict; or in case of a failure of the plaintiff to recover, or in case of a dismissal of the action, shall enter up judgment in favor of the defendant for the amount of such costs. Sec. 85. The Justice, on demand of the party in whose favor the judgment is rendered, shall give him a transcript thereof, which may be filed and docketed in the office of the Clerk of the county where the judgment was rendered. The time of the receipt of the transcript, by the County Clerk, shall be noted by him thereon and entered in the docket, and from that time executions may be issued by the County Clerk on such judgments, to the Sheriff of any other county of the State, in the same manner as upon judgments recovered in higher Courts. All process upon judgments recovered in Justices Courts, to be executed within the same county, shall be issued by the Justice, or his successor in office. No judgment rendered by a Justice of the Peace shall create any lien upon and lands of the defendant, unless a transcript of such judgment, certified by the Justice, be filed and recorded in the office of the Recorder. When such transcript is to be filed in any other county than that in which the Justice resides, such transcript shall be accompanied with the certificate of the County Clerk as to the official character of the Justice. When so filed and recorded in the office of the Recorder of any county, such judgment shall constitute a lien upon, and bind the lands and tenements of the judgment debtor situated in the county where such transcript may be filed and recorded, in favor of such judgment creditor, as if such judgment had been rendered in the District Court of such county.
execution.
Sec. 86. Execution for the enforcement of a judgment in a Justices Court, may be issued on the application of the party entitled thereto, at any time within five years from the entry of the judgment; provided, that in no case shall execution issue until twenty-four hours after the entry of the judgment, unless the Justice shall be satisfied that the party against whom the judgment is rendered is about to depart, or remove property, from the vicinity, or otherwise delay or hinder the remedy of the party prevailing. Sec. 87. The execution, when issued by a Justice, shall be directed to the Sheriff, or any Constable, of the county, and subscribed by the Justice by whom the judgment was rendered, or by his successor in office, and shall bear date the day of its delivery to the officer to be executed. It shall intelligibly refer to the judgment, by stating the names of the parties and the name of the Justice before whom, and of the county, and the township, precinct or city where, and the time when, it was rendered; the amount of judgment, if it be for money, and if less than the whole is due, the true amount due thereon. It shall contain, in like cases, similar directions to the Sheriff or Constable as are required by the provisions of the civil practice Act, in an execution to the Sheriff. |
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Constable as are required by the provisions of the civil practice Act, in an execution to the Sheriff. Sec. 88. The Sheriff, or Constable, to whom the execution is directed shall proceed to execute the same in the same manner as the Sheriff is required by the provisions of the civil practice Act, to proceed upon executions directed to him; and the Constable, when the execution is directed to him, shall be vested for that purpose with all the powers of the Sheriff; and after issuing an execution, and either before or after its return, (if the same be returned unsatisfied, either in whole or in part,) the judgment creditor shall be entitled to an order from the Justice requiring the judgment debtor to attend forthwith and answer concerning his property before such Justice, and the attendance of such debtor may be enforced by the Justice; on his attendance, such debtor may be examined, under oath, concerning his property, and any person alleged to have in his hands property, moneys, effects or credits of the judgment debtor may also be required to attend forthwith and be examined, and the Justice may order any property in the hands of the judgment debtor, or any other person, not exempt from execution, belonging to such debtor, to be applied towards the satisfaction of the judgment, and the Justice may enforce such order by imprisonment until complied with; but no judgment debtor, or other person, shall be required to attend before the Justice out of the county in which he resides. Sec. 89. If an execution be issued, on the filing of a stipulation, staying all proceedings, the Justice shall, by order, direct the officer to stay all proceedings on the same; such officer shall, on payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon, and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees be not paid, the officer may retain so much of the property, or proceeds thereof, as may be necessary to pay the same. Sec. 90. Justices of the Peace shall receive from the Sheriffs or Constables of their county all moneys collected on any process or order issued by their Courts respectively, and all moneys paid to them in their official capacity, and shall pay the same over to the parties entitled or authorized to receive them, without delay. For a violation of this section they may be removed from their office, and shall be deemed guilty of a misdemeanor.
CHAPTER X.-General Provisions.
Sec. 91. Every Justice shall keep a book, denominated a docket, in which he shall enter: First-The title of every action or proceeding. Second-The general nature of the action or proceeding; and, if a sum of money be claimed, the amount of the demand. Third-The date of the summons and the time of its return; and, if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts, Fourth-The time when the parties, or either of them, appear, or their non-appearance, if default be made; a concise statement of the issues involved, as shown by the written or oral pleadings, and of all motions made during the trial, by either party, and his decisions thereon. |
How executed.
Examination of debtor on oath.
Stay of proceedings.
Justice to receive all money collected.
Misdemeanor.
Docket, how kept. |
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Same; entries to be evidence.
Index to.
To be deposited with successor.
Any Justice may issue executions.
Who deemed successor. |
made; a concise statement of the issues involved, as shown by the written or oral pleadings, and of all motions made during the trial, by either party, and his decisions thereon. Fifth-Every adjournment, stating on whose application, whether on oath, evidence or consent, and to what time. Sixth-The demand for a trial by jury, when the same is made, and by whom made; the order for the jury, and the time appointed for the trial and return of the jury. Seventh-The names of all witnesses sworn, and at whose request. Eighth-The verdict of the jury, and when received. If the jury disagree and are discharged, the fact of such disagreement and discharge. Ninth-The judgment of the Court, specifying the costs included, and the time when rendered. Tenth-The issuing of the execution; when issued, and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the Justice, and when and by whom. Eleventh-The receipt of a notice of appeal, if any be given, and of the stipulation on appeal, if any be filed. Sec. 92. The several particulars of the last section, specified, shall be entered under the title of the action to which they relate, and at the time when they occur. Such entries in a Justices docket, or a transcript thereof, certified by the Justice, or his successor in office, shall be presumptive evidence to prove the facts so stated therein. Sec. 93. A Justice shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs shall be entered in the index, in the alphabetical order of the first letter of the family names. Sec. 94. It shall be the duty of every Justice of the Peace, upon the expiration of his term of office, to deposit with his successor his official dockets, as well his own as those of his predecessors which may be in his custody, to be kept as public records. If the office of a Justice become vacant by his death, or removal from the township or city, or otherwise, before his successor is elected and qualified, the dockets in possession of such Justice shall be deposited with the County Clerk of the county, to be by him delivered to the successor in office of the Justice. Sec. 95. Any Justice, with whom the docket of his predecessor is deposited, may issue execution or other process upon a judgment there entered and unsatisfied, in the same manner and with the same effect as the Justice by whom the judgment was entered might have done. In case of the creation of a new county, or the change of the boundary between two counties, any Justice into whose hands the docket of a Justice formerly acting as such within the same territory may come, shall, for the purposes of this section, be considered the successor of said former Justice. Sec. 96. The Justice elected to fill a vacancy shall be considered the successor of the Justice whose office became vacant before the expiration of a full term. When a full term expires, the same, or another person elected to take office in the same township, precinct or city, from that time shall be deemed the successor. |
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Sec. 97. When two or more Justices are equally entitled, under the last section, to be deemed the successors in office of a Justice, the District Judge shall, by a certificate subscribed by him, and filed in the office of the County Clerk, designate which Justice shall be deemed the successor of a Justice going out of office, or whose office has become vacant. Sec. 98. The summons, execution and every other paper, made or issued by a Justice, except a subpoena, shall be filled up without a blank left to be filled by another, otherwise it shall be void. Sec. 99. In case of sickness, other disability, or necessary absence of a Justice, on a return of a summons, or at the time appointed for a trial, another Justice of the same township or city may, at his written request, attend in his behalf, and shall thereupon become vested with the power, for the time being, of the Justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending Justice, subscribed by him, shall be made in the docket of the Justice before whom the summons was returnable. Sec. 100. A Justice may, at the request of a party, and on being satisfied that it is expedient, specially depute any discreet person, of suitable age, and not interested in the action, to serve a summons or execution, with or without an order to arrest the defendant, or with or without a writ of attachment. Said Justice shall be liable, on his official bond, for all official acts of the person so deputed. Such deputation shall be in writing on the process. Sec. 101. The person so deputed shall have the authority of a Constable, in relation to the service, execution and return of such process, and shall be subject to the same obligations. Sec. 102. A Constable, notwithstanding the expiration of his term of office, may proceed and complete the execution of all final process which he has begun to execute, in the same manner as if he still continued in office, and his sureties shall be liable to the same extent.
contempt.
Sec. 103. A Justice may punish, as for contempt, persons guilty of the following acts, and no others: First-Disorderly, contemptuous, or insolent behavior toward the Justice while holding the Court, tending to interrupt the due course of a trial or other judicial proceeding. Second-A breach of the peace, boisterous conduct, or violent disturbance in the presence of the Justice, or in the immediate vicinity of the Court, held by him, tending to interrupt the due course of a trial or other judicial proceeding. Third-Disobedience or resistance to the execution of a lawful order, or process, made or issued by him. Fourth-Disobedience to a subpoena duly served, or refusing to be sworn, or answer, as a witness. Fifth-Rescuing any person or property, in the custody of an officer, by virtue of an order or process of the Court, held by him. Sec. 104. When a contempt is committed in the immediate view and presence of the Justice, it may be punished summarily, for which an order shall be made reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. |
Same.
Papers, how filled up.
Sickness of Justice, etc.
Special deputation to serve papers.
Authority of deputation.
Constable, when to complete execution of process.
Contempt, what acts to constitute.
When and how punished. |
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Conviction, how entered.
Subpoenas.
Commissioner to take depositions.
Costs.
Civil Practice Act, what parts to apply to Justices Courts. |
rily, for which an order shall be made reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the Justice, a warrant of arrest may be issued by such Justice, on which the person so guilty may be arrested and brought before the Justice immediately, when an opportunity to be heard in his defense, or excuse, shall be given. The Justice may thereupon discharge him, or may convict him of the offense. A Justice may punish, for contempts, by fine or imprisonment, or both; such fine not to exceed, in any case, one hundred dollars, and such imprisonment one day. Sec. 105. The conviction, specifying particularly the offense, and the judgment thereon, shall be entered, by the Justice, in his docket.
subpoenas and final process.
Sec. 106. Justices of the Peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county.
depositions.
Sec. 107. Justices of the Peace shall issue commissions to take the depositions of witnesses out of this State, and settle interrogatories to be annexed thereto, and direct the manner in which the commissions shall be returned. The provisions of the Civil Practice Act, on this subject, shall, so far as the same are consistent with the jurisdiction and practice of Justices Courts, apply to actions and proceedings therein.
costs.
Sec. 108. Costs shall be allowed to the prevailing party in Justices Courts. Justices of the Peace may, in all cases, require a deposit of money or an undertaking as security for costs, before issuing a summons. Sec. 109. The following parts of the Civil Practice Act, and no others, except as elsewhere in this Act, or other Acts, provided, shall apply to proceedings and practice in Justices Courts: The sections in Title First of said Act; Sections Thirty-Two, Two Hundred and Forty-Three, Three Hundred and Seventeen, Three Hundred and Eighteen, Three Hundred and Nineteen, Three Hundred and Twenty, Three Hundred and Twenty-One, and Three Hundred and Twenty-Two; Section Three Hundred and Forty; Section Three Hundred and Forty-Two; Sections Three Hundred and Forty-Three to Three Hundred and Sixty-Four, inclusive; Sections Three Hundred and Sixty-Six, Three Hundred and Sixty-Seven, and Three Hundred and Sixty-Eight; Sections Three Hundred and Seventy-One to Four Hundred and One, inclusive; Sections Four Hundred and Sixty-Two to Four Hundred and Seventy, inclusive; Sections Four Hundred and Seventy-Three and Four Hundred and Seventy-Four; Section Five Hundred and Seventy-Six; Sections Five Hundred and Eighty and Five Hundred and Eighty-One. |
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Hundred and Sixty-Two to Four Hundred and Seventy, inclusive; Sections Four Hundred and Seventy-Three and Four Hundred and Seventy-Four; Section Five Hundred and Seventy-Six; Sections Five Hundred and Eighty and Five Hundred and Eighty-One. But the necessary changes in the words shall be made, so as to adapt these sections to the jurisdiction and practice of Justices Courts. And where the said sections, or any of them, or any parts thereof, are, or shall hereafter be, amended, such sections, as amended, or the sections amended corresponding to the sections above named, shall, with the necessary changes, be applicable to the jurisdiction and practice in Justices Courts, so far as they are consistent with such practice and jurisdiction.
CHAPTER XI.-New Trial.
Sec. 110. A new trial may be granted by the Justice, on motion, within four days after the entry of judgment, for any one of the following causes: First-Accident or surprise, which ordinary prudence could not have guarded against. Second-Excessive damages appearing to have been given under the influence of passion. Third-Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the time. But no motion for a new trial shall stay execution, unless the Justice shall make an order granting a stay. The motion for a new trial shall be filed with the Justice within two days after judgment is rendered, and a copy thereof, and of the affidavits, if any, served within that time on the adverse party or his attorney. It shall state the grounds upon which the party intends to rely. If affidavits are filed in support of the motion, the adverse party shall have one day to file counter affidavits on the motion; but the motion shall, in all cases, be heard and decided by the fourth day after the judgment was rendered. No copies of the counter affidavits need be served.
CHAPTER XII.-Appeals.
Sec. 111. Any party dissatisfied with a judgment rendered in a Justices Court may appeal therefrom to the District Court held at the county in which such Justices Court is situated. Such appeal shall be perfected and the papers filed in the District Court within fifteen days after the rendition of the judgment in the Justices Court; and if the appeal is not perfected and the papers are not filed in the District Court within such time, the District Court shall, on the production of a certificate from the Justice, to the effect that an appeal has been taken, but not perfected, or that the papers have not been ordered up, or the proper costs not paid, or any other necessary step not taken, dismiss the appeal at the costs of the appellant; in which case a certificate of dismissal shall be transmitted, under the seal of the District Court, to the Justices Court, with a statement of the costs in the District Court, and no other or further appeal shall be taken. |
New trial, for what causes granted.
Stay of execution. Motion.
Appeal, how perfected. |
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How taken and determined
Certified copy of docket to be transmitted.
Trial to be de novo.
Appeal made effectual.
Stipulation |
statement of the costs in the District Court, and no other or further appeal shall be taken. Sec. 112. After the passage of this Act, appeals from Justices Courts shall be taken and determined only in the manner herein provided. Such appeal shall be taken by filing with the Justice a notice of appeal and by serving a copy of such notice on the adverse party, or his attorney, which notice shall be filed and a copy served within five days after the judgment. Sec. 113. As soon as the notice of appeal is filed, and the costs of the appeal papers paid, and a stipulation filed as required in the one hundred and fourteenth section of this Act, the Justice shall at once transmit all the papers in the case, including the appeal papers, with a certified transcript of his docket entries, to the District Court; and the Justice may be compelled by the District Court, by an order, upon motion and cause shown, to transmit such papers, and may be fined by the District Court for neglect or refusal to transmit the same within the proper time. Sec. 114. In the District Court the trial shall be de novo; but the same cause or causes of action, and no other than those on which the appeal is taken, shall be tried; but amendments of pleadings, which do not change the cause of action, shall be allowed. Where no answer was filed or issue joined in the Court below, the defendant shall join issue or file his answer immediately before the trial in the Court above. The parties may waive a jury, or agree upon any number of jurors, not less than three. The District Court shall exercise all powers, and issue all necessary writs and process in like manner as in cases of original jurisdiction. Sec. 115. An appeal from a Justices Court shall be effectual for any purpose unless a stipulation be filed, with two or more stipulators, in the sum of one hundred dollars, for the payment of costs of the action, or if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs of the action, when the judgment is for the payment of money, or twice the value of the property, including costs of the action, when the judgment is for the recovery of specific personal property; and such stipulation shall be substantially in the following form:
(Name of Court-Title of Case.)
We (naming the stipulators) hereby confess ourselves severally indebted to (naming the party or parties for whom the judgment was rendered), in the sum of (naming the amount), which sum is to be levied of our respective goods and chattels, or lands and tenements, in case the appeal in this suit is not prosecuted, or is dismissed, or in case judgment is rendered in the District Court against the appellant. (Signatures.)
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justification.
We, (giving the names of the stipulators) stipulators in the above stipulation, each for himself, and not one for the other, being duly sworn, on his oath states, that he is a resident of said county, and a freeholder, or householder, therein, and is worth double the amount specified in the foregoing stipulation, over and above his just debts and liabilities, exclusive of property exempt from execution. (Signatures.)
jurat of the justice.
Sec. 116. The stipulation may be executed by a sufficient number of stipulators who can justify, in the aggregate, in an amount equal to double the amount specified in the stipulation, or a deposit may be made of the amount of judgment, including the probable costs in the appellate Court, or the value of the property, with such costs, which deposit shall be made with the Justice and shall by him be transmitted to the Clerk of the District Court, to be paid out on the order of the Court. The adverse party may be present at the giving of the stipulation and except to the sufficiency of the stipulators, and the Justice shall decide as to their sufficiency on such exception, but in no case shall the justification be omitted. Sec. 117. If the appeal be dismissed, and a certificate of dismissal transmitted to the Justice, as provided in section one hundred and ten of this Act, the Justice shall, without further notice or proceedings, issue execution against the appellant and the stipulators, for the amount of the judgment and costs, together with the costs in the Appellate Court, if the appeal be one where a stay of proceedings has been had; or, if no stay of proceedings has been had, the execution shall issue in like manner for all costs which have accrued and are unpaid. Sec. 118. In the District Court where judgment is rendered against the appellant, it shall also be rendered at the same time, without further notice or proceedings, against the stipulators, as though they were parties to the suit; and execution shall issue in like manner against the appellant and stipulators on such judgment. Sec. 119. The following Acts, and parts of Acts, are hereby repealed: The sections in title sixteenth of an Act entitled An Act to regulate proceedings in Civil Cases, in the Courts of Justice of the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one, being the sections from Section Four Hundred and Seventy-Five to Five Hundred and Seventy-Three, inclusive; also the sections of said Act from Section Six Hundred and Nine to Section Six Hundred and Fourteen, inclusive; also Sections Twenty-Eight, Twenty-Nine and Thirty of an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January twenty-sixth, eighteen hundred and sixty-five; also an Act entitled An Act to amend an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January twenty-sixth, eighteen hundred and sixty-five, |
Justification
How stipulation may be executed.
Adverse party may except.
When execution to be issued.
Judgment.
Acts repealed. |
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Act, not to affect actions pending. |
dred and sixty-five, approved March ninth, eighteen hundred and sixty-five; also all Acts, and parts of Acts, inconsistent, or in conflict with the provisions of this Act; but nothing contained in this Act shall affect actions or proceedings pending at the time this Act goes into effect, or judgments or orders already made; but such actions and proceedings, judgments and orders, shall be governed by the laws heretofore in operation. |
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Compensation. |
Chap. XLV.An Act to amend an Act concerning District Attorneys, approved March 11, 1865.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, 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 of this State shall receive for his services, annually, the following sums: First-Of the county of Storey, two thousand ($2,000) dollars. Second-Of the county of Esmeralda, fifteen hundred ($1,500) dollars. Third-Of the county of Lander, two thousand ($2,000) dollars. Fourth-Of the county of Humboldt, seven hundred and fifty ($750) dollars. Fifth-Of the county of Ormsby, one thousand ($1,000) dollars. Sixth-Of the counties of Washoe and Roop, one thousand ($1,000) dollars. Seventh-Of the county of Lyon, eighteen hundred ($1,800) dollars. Eighth-Of the county of Churchill, one thousand ($1,000) dollars. Ninth-Of the county of Nye, one thousand ($1,000) dollars. Tenth-Of the county of Douglas, one thousand ($1,000) dollars. Eleventh-When any new county shall be hereafter created, the District Attorney in such county shall receive, for his services, not to exceed fifteen hundred dollars, as the County Commissioners may determine. |
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Chap. XLVI.An Act authorizing a Loan on the faith and credit of the State, to pay the Indebtedness of the State, and of the Territory of Nevada, assumed by the State, and not already fully provided for.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. By virtue of the power granted to the Legislature by the third section of article nine and by the seventh section of article seventeen of the Constitution of this State, and for the purpose of paying, at an early day, the bonds of this State issued under An Act authorizing the issuance and sale of certain State bonds, and levying a tax to provide means for the payment thereof, approved January 19, 1866, amounting to two hundred thousand dollars; to replace in the State Treasury the sum of eighty-two thousand five hundred dollars, heretofore paid by the State on account of Territorial indebtedness, and any further amount which may be paid before the negotiation of the loan authorized by this Act is completed; to take up and retire such bonds, or other evidences of indebtedness of the late Territory of Nevada, not paid by the State, or provided for by An Act to provide for carrying out, in part, the provisions of section seven, article seventeen, of the Constitution of the State of Nevada, approved February 14, 1865, and An Act supplemental to an Act to provide for carrying out, in part, the provisions of section seven, article seventeen, of the Constitution of the State of Nevada, approved February fourteenth, one thousand eight hundred and sixty-five, approved March 3, 1865, and to pay the floating indebtedness incurred under an Act to encourage enlistments and provide extra pay for our volunteer soldiers called into the service of the United States, a loan, not exceeding five hundred thousand dollars ($500,000), is hereby authorized to be negotiated, on the faith and credit of the State, to be paid within ten years; said loan to bear interest not exceeding, in the aggregate, ten per cent. per annum, from the date of the issuance of the bonds, on the amount actually realized from the sale of said bonds, payable semi-annually, either in the cities of New York or San Francisco, or at the State Treasurers office, at the option of the party or parties to whom such bonds are issued; provided, that, if it shall be deemed advisable, bonds may be issued for said loan payable in such installments as the Treasurer may think most advantageous to the State. Sec. 2. The State Treasurer shall cause the bonds to be prepared, that are to be issued for the payment of the loan authorized by this Act, which bonds shall be signed by the Governor, countersigned by the Controller, and endorsed by the Treasurer, and authenticated with the Great Seal of the State of Nevada. Sec. 3. Coupons for the interest shall be attached to each bond, so that the coupon may be removed without injury or mutilation to the bond. |
Issusance and sale of bonds authorized.
Previso.
Bonds, how issued.
Coupons. |
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Bonds, to be sold and redeemed in coin.
State interest, and Sinking fund, to be set apart.
Revenue, not to be diverted from payment of principal and interest.
Treasurer required to make arrangements for the payment of interest.
Sealed proposals for purchase of bonds. |
mutilation to the bond. Said coupons, consecutively numbered, shall be signed by the Treasurer of State, and it shall be his duty to advertise in one or more papers published in the State of Nevada, and one or more papers published in the cities of New York and San Francisco, at least twenty days immediately preceding the day on which the same shall be due, stating at what place, or house, the said interest will be paid. Sec. 4. No bonds, issued and sold under the provisions of this Act, shall be sold for any currency except gold and silver coin of the United States, and for the payment of said bonds, both principal and interest, in gold and silver coin of the United States, the faith and credit of the State is solemnly pledged. Sec. 5. After the negotiation and sale of the bonds, provided for in this Act, it shall be the duty of the State Treasurer to set apart a fund for the purpose of paying the principal and interest of said bonds, when they shall become due, which fund shall be called the State Interest and Sinking Fund, into which fund shall be paid: First-One fourth of the entire revenue received into the General Fund of the State, from property taxes, poll taxes, and sales of stamps, after such negoti[a]tion and sale in the fiscal year ending December 31, 1866. Second-There shall be levied and collected, for the fiscal year commencing January first, in the year of our Lord one thousand eight hundred and sixty-seven, and annually thereafter, until all the bonds issued and sold under the provisions of this Act, shall have been fully paid, both principal and interest, an ad valorem tax of thirty-five cents on each one hundred dollars valuation of the taxable property of this State, which shall be paid into and constitute the Interest and Sinking Fund, in this section provided; and the revenue derived from said tax is hereby set apart, appropriated and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any way diverted from the State Treasury, for any other purpose than paying or retiring the bonds, both principal and interest, issued pursuant to the provisions of this Act. Sec. 6. It shall be the duty of the Treasurer of this State to make certain arrangements for the payment of the interest on the said bonds, when the same falls due, at least sixty days before the time of payment; and, in the event that said Interest and Sinking Fund, as hereinbefore provided, is insufficient, the said Treasurer shall draw on the General Fund for such purpose; and, in the event that those Funds prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest, and the protection of the faith of the State. Sec. 7. The Treasurer shall publish a notice in one or more daily papers, published in the cities of New York and San Francisco, inviting sealed proposals for the purchase of said bonds. The notice shall state the time and place of receiving bids, |
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bids, the amount of bonds to be disposed of, and where the money is to be paid and the bonds delivered, and that bids will be received for the whole, or any part of the amount; that bids made for a greater discount than fifteen cents on the par value of the bonds, or for a higher rate of interest than ten per cent. per annum, on the amount actually to be realized from such bid, will not be received; and that the payment for the same must be made in the gold and silver coin of the United States; provided, that no bid shall be accepted, nor any of such bonds shall be sold by the Treasurer, at a greater discount than fifteen cents on the par value thereof, or at a higher rate of interest than ten per cent. per annum, on the amount actually to be realized from said bid; the rate of interest on the par value of the bonds shall be expressed in the bonds when sold, and shall be fixed so that the amount of interest paid annually shall not exceed ten per cent. on the amount actually realized from such sale. Sec. 8. At the time specified in the notice for bids, the Treasurer shall proceed to open them, and shall accept such as propose to purchase the said bond on the terms most favorable to the State. Upon the acceptance of any bid, the Treasurer shall forthwith notify the bidder thereof, and require him to deposit, to the credit of the Treasurer, at the office of the Bank of California, in San Francisco, the amount of purchase money, in gold and silver coin of the United States, within thirty days after the date of such notification of the acceptance of such bids; and upon the payment of such purchase money by the bidder, or his agent, the Treasurer shall deliver, or cause to be delivered, to him, the bonds so purchased, bearing date corresponding with the date of the acceptance of said bids or proposals. The Treasurer shall transmit to the Legislature, with his annual report, copies of all bids received by him, in pursuance of the terms of this Act. Sec. 9. It shall be the duty of the Treasurer and Controller of State, each, to keep a separate record of all such bonds as may be issued, showing the number, date, amount, and rate of interest of each bond, and to whom the same was issued. No bond shall be issued for a less sum than one thousand dollars. Sec. 10. Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus, after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next ensuing semi-annual interest, of ten thousand dollars or more, in the fund created in the fifth section of this Act, it shall be the duty of the State Treasurer to advertise in one or more daily newspapers published in the State of Nevada, and in each of the cities of New York and San Francisco, for sealed proposals for the surrender of bonds issued under this Act. He shall state in such advertisement the amount of money on hand, applicable to the redemption of such bonds; and he shall accept such proposals at rates not exceeding par value, as may redeem the greatest number of bonds, until the cash on hand, for redemption, is exhausted. If there shall be no bids for the surrender of bonds presented to, |
Notice.
Proviso.
Bids opened and notice of acceptance.
Report.
Separate record to be kept.
Proposals for surrender of bonds.
Advertisement.
Proposals to be accepted. |
κ1866 Statutes of Nevada, Page 130 (CHAPTER 46)κ
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When money to be invested.
Treasurer required to keep full account of all transactions.
Appropriations. |
to, or received by, the State Treasurer, as provided in this section, it shall be his duty, by and with the advice and consent of the Governor and Controller, to invest the money on hand in said Interest and Sinking Fund, for the redemption of said bonds, in the gold bearing bonds of the United States, which bonds, with the interest thereon, shall remain in said Interest and Sinking Fund until it becomes necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act. Sec. 11. Full and particular account shall be kept by the Treasurer, of all transactions in regard to the issuance, sale and redemption of said bonds, and of the condition of the funds collected in accordance with the provisions of this Act, open at all times to the inspection of the Governor and Controller, and of any Committee appointed by the Legislature, or either branch thereof. Sec. 12. The sum of two thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the Treasury, not otherwise appropriated, to pay the expense of selling said bonds; and the further sum of three thousand dollars is hereby appropriated out of any moneys not otherwise appropriated, to pay the expense of procuring said bonds, and placing the proceeds of their sale in the State Treasury; and the Controller is hereby authorized and required to draw his warrant in favor of the Treasurer for such amount. |
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County boundaries authorized to be surveyed.
Duty of County Surveyors.
Same. |
Chap. XLVII.An Act authorizing the Survey and Establishment of Boundaries between the Several Counties of this State.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners, of the several counties of this State, are hereby authorized and required to have made an accurate survey of the boundaries between the several counties within this State, in which the same have not been established according to law; and said survey shall be commenced within six months after the passage of this Act. And the Commissioners of the counties adjoining, are required to arrange for the making of such survey, and notify the County Surveyors of their respective counties thereof. Sec. 2. It shall be the duty of the County Surveyors, of the several counties where the boundaries have not been established by survey, to meet at such time and place as the County Commissioners of the said counties shall designate, and proceed to survey the boundary lines between the same. Sec. 3. If the Surveyor or Surveyors of any county or counties shall fail to meet the Surveyor or Surveyors of the county or counties adjoining, |
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or counties adjoining, at the time and place designated by the County Commissioners, the Surveyor or Surveyors of the county or counties, who may be present, shall proceed to make the survey, and the same shall be the established boundaries between such counties. Sec. 4. The County Surveyors, of the several counties where such boundaries are surveyed, are hereby required to make out a report and maps of the same, one copy to be deposited with the County Clerk of said counties, as aforesaid, and a joint copy of the counties adjoining to be transmitted to the Secretary of State. Sec. 5. The expenses of such surveys shall be borne jointly by the several counties, pro rata, according to the number of miles surveyed on the line of each county. Sec. 6. The Boards of the County Commissioners, of the counties on the line of which such surveys shall be so made, are hereby authorized and empowered to allow reasonable and proper compensation and all necessary expenses incurred in making the surveys, as aforesaid, and upon such allowance the County Auditor, of such counties respectively, is hereby directed to draw his warrant on the County Treasurer therefor, in favor of the party or parties entitled to the same. Sec. 7. Nothing in the provisions of this Act shall be construed so as to compel or enforce the Board of County Commissioners, of the several counties of this State, to have any county line or lines surveyed and established, except where such county lines or line is now, or may hereafter be, in dispute by reason of the settlement of persons and the ownership of property along such county line or lines. |
Reports and maps to be made.
Expenses.
Compensation.
Act, how construed. |
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Chap. XLVIII.An Act to create the County of Lincoln and provide for its organization.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that portion of the State of Nevada within the following boundaries shall be the county of Lincoln, viz: Beginning at the intersection of the thirty-ninth degree of longitude west from Washington, with the thirty-eighth parallel of north latitude; thence east to the State line of this State: thence south along said line to the southerly boundary line of this State; thence along said southerly boundary line to its intersection with the thirty-ninth degree of longitude west from Washington; thence north along said thirty-ninth degree of longitude to the place of beginning; and said boundaries shall be construed to contain any addition which may hereafter be made to this State on the east, south of said thirty-eighth degree of north latitude; also any addition which may hereafter be made to this State on the south, east of the thirty-ninth degree of longitude west from Washington. |
Lincoln County created |
κ1866 Statutes of Nevada, Page 132 (CHAPTER 48)κ
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Commissioners to be appointed.
Qualification. County and township officers to be appointed.
County Seat.
Representation.
County Government. |
degree of north latitude; also any addition which may hereafter be made to this State on the south, east of the thirty-ninth degree of longitude west from Washington. Sec. 2. Whenever a petition shall be presented to the Governor, signed by three hundred or more citizens of said county, who shall be, at the time of signing such petition, registered voters, certified to be such by the Clerk of the county of Nye-and it shall be the duty of the County Clerk of said county of Nye to make out such certificate-praying for the organization of a county government, he shall appoint and commission three persons, legal voters of said county, as County Commissioners for said county, who shall, immediately on receipt of their commissions, qualify by administering to each of them the Constitutional oath of office. They shall then elect, of their own body, a chairman, and then appoint all other necessary county and township officers, who shall qualify and enter upon the discharge of their respective official duties within ten (10) days after their appointments are certified to them. The County Clerk so appointed may take the oath of office before the Chairman of the Board of Commissioners, and the other officers before said Clerk. Sec. 3. Until otherwise fixed by law, Crystal Springs shall be the county seat of said county. Sec. 4. If the county government of said county be organized, early enough for the same to be done, said county shall be entitled to, and shall elect, in conjunction with Nye county, one Senator, and one member of the Assembly for said county alone. Said county shall be attached to Nye county for all county government purposes until its own is fully organized, and shall be a portion of the Fifth Judicial District until otherwise provided by law. |
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Board of Commissioners constituted. |
Chap. XLIX.An Act to create a Board of Commissioners to Examine and Report upon the amount of Just Claims existing for property destroyed, and for losses sustained, by Indian Depredations in Humboldt County, in this State, in the years one thousand eight hundred and sixty-four, one thousand eight hundred and sixty-five, and one thousand eight hundred and sixty-six.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. F. A. Shaw, J. D. Minor and J. J. Kellogg, and their successors in office, are hereby constituted a Board of Commissioners to examine all claims for property destroyed, and losses sustained, by Indian depredations in Humboldt county, in this State, in the years one thousand eight hundred and sixty-four, one thousand eight hundred and sixty-five, and one thousand eight hundred and sixty-six, and report the same, to the Governor of this State, by the first day of December, one thousand eight hundred and sixty-six. |
κ1866 Statutes of Nevada, Page 133 (CHAPTER 49)κ
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one thousand eight hundred and sixty-six, and report the same, to the Governor of this State, by the first day of December, one thousand eight hundred and sixty-six. Sec. 2. At any time within ninety days after the passage of this Act the Commissioners herein appointed shall enter upon the discharge of their duties, under oath, to be administered by any one authorized to administer oaths; shall elect one of their number to act as President, and shall cause to be published, for four successive weeks, in some newspaper published in said county, a notice requiring all parties holding claims for property destroyed, or for losses sustained, by Indian depredations in said county, in the years aforesaid, to come forward and present the same within six months from the time of the first publication of such notice. Sec. 3. The principal place of business of said Board shall be at Star City, in said county; and sessions of the said Board may be held at said city, at any time, without further notice than to the members thereof, left at the residence or place of business of such members, if personal service be not had; but sessions of said Board may be held at any other place in said county that the said Board may direct; provided, ten days notice of such session be given by posting a written notice of the time and exact place of such session, in not less than three public places in the mining district in which such session is proposed to be held. Sec. 4. Whenever a majority of said Board shall have qualified, such majority may enter upon the discharge of the duties of said Board; and at any time thereafter any two members of said Board, who shall have qualified, shall constitute a quorum for the transaction of the business and the exercise of the powers of said Board. Sec. 5. Resignation in the Board may be accepted by the majority of said Board, and all vacancies in said Board, whether caused by death, resignation, or otherwise, may be filled by appointment by a majority of said Board. Sec. 6. If any member of said Board shall remove from said county, or be absent therefrom for the period of one month, his office shall be deemed vacant. Sec. 7. In case of a lack of a majority of said Board to accept a resignation or fill a vacancy, such resignation may be accepted and such vacancy be filled by appointment by the Governor. Sec. 8. Said Commissioners shall have full discretion to determine the justice of said claims, and for that purpose shall have full power to send for persons and papers; and any one of said Commissioners who shall have qualified shall have power, during his continuance in office, to administer oaths to any parties or witnesses who may be examined by said Board. Sec. 9. If any person shall willfully make or give, under oath or affirmation, before said Board, a false statement of his or her property destroyed, or losses sustained, such person shall be deemed guilty of perjury, and upon conviction thereof shall be punished therefor as is by law provided for the punishment of perjury. |
Qualification and duties.
Principal place of business.
Proviso.
Majority to constitute a quorum.
Resignations and vacancies.
When office vacant.
Governor to fill vacancies, when.
Powers.
Perjury. |
κ1866 Statutes of Nevada, Page 134 (CHAPTER 49)κ
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Compensation.
Proviso.
May employ a clerk.
Proviso.
Report to be made to the Governor. |
Sec. 10. The said Board shall receive the sum of three thousand dollars as compensation for discharging the duties imposed by this Act, to be apportioned pro rata among the members of said Board, in accordance with the period of actual service of each member; provided, that Congress allow said amount, in addition to an appropriation for the payment of claims for property destroyed, and losses sustained, by Indian depredations, as aforesaid; and in no manner whatever shall any cost, claims or compensation for any service done, or any expenses incurred by said commission, be paid by the State of Nevada. Sec. 11. The said Board may employ a clerk, whose duty it shall be to keep a record of the proceedings of said Board, and who shall be allowed, as compensation therefor, the sum of one thousand dollars, to be paid only as provided in the preceding section of this Act. Said clerk shall hold his office at the will of the majority of said Board; and if different persons are employed as clerk, the Board shall report the amount of said one thousand dollars which should be paid to each of said persons. Sec. 12. When the said Commissioners have completed their labors they shall make a full report thereof to the Governor of this State, setting forth the facts and amount of claims as ascertained and allowed or rejected by them, that he may be advised in the premises and take such means as he may deem expedient to secure the payment of the same by an appropriation from the General Government. |
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Dockets and papers to be given into custody of successor. Successor to have full control over docket and papers.
Invalid acts not to be rendered valid. |
Chap. L.An Act in relation to the late City Recorders Court, in the City of Austin.
[Approved February 26, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The dockets, and all papers, in the custody of W. P. Harrington, late City Recorder of Austin, as City Recorder and ex officio Justice of the Peace, shall be given into the custody of his successor in office. Sec. 2. The City Recorder and Justice of the Peace receiving such dockets and papers, as the successor thereof, shall have full and complete control over the same, to enter judgments, issue executions, alias, summons, and every other act, the same as if the said actions were originally commenced before the said successor. Sec. 3. Nothing in this Act shall be construed to render valid any act otherwise invalid, as done and performed by the said City Recorder or Justice of the Peace. Sec. 4. This Act shall take effect from and after its passage. |
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Chap. LI.An Act to amend an Act entitled An Act to provide for the Payment of the Salaries of the Judges of the Supreme Court of the State of Nevada.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section first of said Act is hereby amended so as to read as follows: Section One. There is hereby set apart, and appropriated quarterly, from the first money coming into the Treasury during such quarter, from taxes or otherwise, not specially appropriated to the payment of the principal or interest of Territorial or State bonds, an amount sufficient, when added to the Docket Tax Fund, to equal the sum of five thousand two hundred and fifty ($5,250) dollars, to pay the salaries of the Judges of the Supreme Court for such quarter. |
Appropriation. |
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Chap. LII.An Act in relation to the Payment of Salaries and Other Claims against the State.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All salaries and claims accruing against the State prior to the first Monday of April, one thousand eight hundred and sixty-six, shall be paid in gold and silver coin of the United States, and after such salaries and claims have been paid, as provided in this section, the State Treasurer shall, and it is hereby made his duty to, convert the gold and silver coin in the State Treasury, (except such gold and silver coin as may be in said treasury for the payment of the principal or interest of the bonds of this State), into the legal tender notes of the United States, by purchasing the same at the market price therefor. Sec. 2. From and after the first Monday of April, one thousand eight hundred and sixty-six, all salaries and claims accruing against the State, except for money borrowed and the interest thereon, shall be payable in any currency made a legal tender by any law of the United States; provided, that the compensation of the State Printer shall be paid in gold coin up to July first, A. D. one thousand eight hundred and sixty-six. |
Salaries and claims to be paid in coin, to first Monday in April.
Legal tender
Proviso. |
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κ1866 Statutes of Nevada, Page 136κ
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Appropriation for State Prison.
Current expenses.
Treasurer required to pay warrants on current expense fund in order of registration and presentation. |
Chap. LIII.An Act to Appropriate Moneys to defray the Civil Expenses of the State Government up to the close of the Second Fiscal Year.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-five thousand dollars is hereby appropriated, out of any moneys now in, or the first moneys hereafter paid into, the State treasury, not otherwise specifically appropriated, to defray the necessary expenses of the State Prison, from the expiration of the last appropriation made by the Legislature of this State until the first day of January, eighteen hundred and sixty-seven, and the same shall be paid out in the manner as provided by law. Sec. 2. The sum of one hundred thousand dollars is hereby appropriated and set apart into a fund, to be known as the Current Expense Fund, subject to the appropriation made in section first of this Act, and to all other specific appropriations heretofore made to defray the current expenses of the State Government, as follows: First-To pay the salaries of State officers, (except the Justices of the Supreme Court). Second-The State public printing. Third-The salaries of all the clerks of the different State officers, and the Governors Private Secretary. Fourth-The several sums due for fuel, furniture, postage, fixtures and other contingent expenses for the offices of the different State officers. Fifth-For all rent which the State has or may contract to pay for public buildings, and for all other necessary civil expenses of the State Government for the fiscal year. Sec. 3. The State Treasurer is hereby required and directed to pay all warrants drawn on the Current Expense Fund, as created in section two of this Act, in the order of their registration and presentation, and in case of a failure on his part to so pay such warrants, he shall be held guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum of not less than five hundred dollars and not more than one thousand dollars, or imprisonment in the State Prison for a term of not less than one year and not more than five years, or by both such fine and imprisonment. |
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κ1866 Statutes of Nevada, Page 137κ
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Chap. LIV.An Act to transfer Certain Books in the State Library to the State Prison.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Librarian is hereby directed and required to deliver to the Warden of the State Prison the books in the State Library known as Harpers School Library, consisting of three hundred and two volumes. Said books shall be delivered upon the order of the Board of State Prison Commissioners, and shall be subject to such rules and regulations as the said Board may direct. |
Books to be delivered to Warden of Prison. |
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Chap. LV.An Act to provide for the Payment of the Salaries of the District Judges of this State, for the Month of December, eighteen hundred and sixty-six.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On the first Monday of January, eighteen hundred and sixty-seven, the County Auditors of the several counties of Storey, Ormsby, Lyon, Lander, Douglas, Humboldt, Washoe and Esmeralda, and of the two counties of Nye and Churchill, shall, and they are hereby directed and required to draw their several warrants upon the District Judges Salary Fund, upon the County Treasurers of the said counties, in favor of the District Judges of the said counties, respectively, for the services of said Judges for the month of December, eighteen hundred and sixty-six; and it shall be the duty of the County Treasurers of the several counties, and they are hereby required and directed to pay such warrants immediately, upon the presentation thereof to them, from the moneys heretofore set apart in said fund, as provided by law. |
County Auditors required to draw warrants in favor of District Judges. |
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κ1866 Statutes of Nevada, Page 138κ
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Residence and eligibility of District Judges. |
Chap. LVI.An Act to amend an Act entitled An Act Concerning the Courts of Justice of this State, and Judicial Officers, approved January 26, 1865.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifteen of an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January twenty-sixth, one thousand eight hundred and sixty-five, is hereby amended so as to read as follows: Section Fifteen. Each District Judge shall reside in his District, and no person shall be eligible to the office of District Judge who has not been a resident of the State twelve months, and of the District or county thirty days next preceding his election or appointment. |
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Punishment for injuring animals and property. |
Chap. LVII.An Act to amend an Act entitled An Act concerning Crimes and Punishments, approved November 26, 1861.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and forty three of said Act is hereby amended so as to read as follows: Section One Hundred and Forty-Three. Every person who shall cruelly beat or torture any horse, ox, mule or other animal, whether belonging to himself or to any other person, shall be punished by a fine of not less than thirty, or more than one hundred dollars, or by imprisonment in the county jail, or prison of any incorporated city or town, for a period not to exceed thirty days, or by both such fine and imprisonment; and it is hereby made the duty of each Sheriff, Constable, Police officer, Justice of the Peace, Police Judge, or City Recorder, within this State, to enforce the provisions of this section of this Act. And every person who shall willfully, unlawfully and maliciously destroy, burn, cut or otherwise injure any goods, chattles or property, of any description whatever, belonging to another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. |
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κ1866 Statutes of Nevada, Page 139κ
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Chap. LVIII.An Act relating to Accounts against the State.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Printer, and all other persons having claims against the State, shall file in the office of the Secretary of State an itemized duplicate of their accounts. |
Duplicate accounts to be filed. |
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Chap. LIX.An Act for the Apportionment of Senators and Assemblymen in the different Counties of this State.
(Approved February 27, 1866.)
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The apportionment of Senators and Assemblymen, in the different counties of this State, shall be as follows: Storey County, four Senators and twelve Assemblymen; Douglas County, one Senator and two Assemblymen; Esmeralda County, two Senators and four Assemblymen; Humboldt County, two Senators and three Assemblymen; Lander County, two Senators and four Assemblymen; Lyon County, two Senators and three Assemblymen; Churchill County, one Senator and two Assemblymen; Nye County, one Senator and two Assemblymen; Ormsby County, two Senators and three Assemblymen; Washoe and Roop Counties, two Senators and three Assemblymen. |
Apportionment. |
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Chap. LX.An Act to Re-District the State of Nevada into Judicial Districts, and to fix the Salaries of Judges and the terms of Court therein.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada is hereby divided into eight Judicial Districts, comprised as follows: The First Judicial District shall consist of the county of Storey; the Second of the counties of Ormsby and Douglas; |
Judicial Districts. First. Second. |
κ1866 Statutes of Nevada, Page 140 (CHAPTER 60)κ
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Third. Fourth. Fifth. Sixth. Seventh. Eighth. Salaries of Judges. First. Second. Third. Fourth. Fifth. Sixth. Seventh.
Eighth.
Terms of Courts. First. Second.
Third. Fourth. Fifth. Sixth. Seventh. Eighth.
Repeal. |
of the counties of Ormsby and Douglas; the Third of the counties of Washoe and Roop, (which latter county shall be attached to Washoe for Judicial purposes); the Fourth Judicial District, of the county of Lyon; the Fifth Judicial District, of the county of Humboldt; the Sixth Judicial District, of the county of Lander; the Seventh Judicial District, of the counties of Nye and Churchill; and the Eighth Judicial District, of the county of Esmeralda. There shall be one District Judge for each Judicial District. Sec. 2. The salary of the Judge of the First Judicial District shall be seven thousand dollars a year; that of the Judge of the Second Judicial District shall be five thousand dollars a year, of which sum the county of Ormsby shall pay thirty-five hundred dollars, and the county of Douglas fifteen hundred dollars; that of the Judge of the Third Judicial District shall be five thousand dollars a year; that of the Judge of the Fourth Judicial District shall be four thousand five hundred dollars a year; that of the Judge of the Fifth Judicial District shall be thirty-two hundred dollars a year; that of the Judge of the Sixth Judicial District shall be five thousand dollars a year; and that of the Judge of the Seventh Judicial District shall be thirty-six hundred dollars a year, of which the county of Nye shall pay eighteen hundred dollars, and the county of Churchill shall pay eighteen hundred dollars; that of the Judge of the Eighth Judicial District shall be three thousand dollars a year. Sec. 3. The terms of Court in said Districts shall be as follows: In the First Judicial District the terms shall commence on the first Monday in January, March, June and October; in the Second Judicial District, in Ormsby County, on the first Mondays of March, June, September and December; and in Douglas County on the first Mondays of February, May, August and November; in the Third Judicial District, on the first Mondays in February, May, August and November; in the Fourth Judicial District, on the first Mondays of March, June, September and December; in the Fifth Judicial District, on the first Mondays of April, August and December; in the Sixth Judicial District, on the first Mondays of March, June, September and December; and in the Seventh Judicial District, in Nye County, on the first Mondays of January, April and August; and in Churchill, on the first Mondays of March, July and November, in each year; in the Eighth Judicial District, on the first Mondays of February, May, August and November. Sec. 4. All Acts, and parts of Acts, inconsistent with this Act, are hereby repealed. Sec. 5. This Act shall take effect on the first day of January, A. D. eighteen hundred and sixty-seven. |
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κ1866 Statutes of Nevada, Page 141κ
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Chap. LXI.An Act concerning the Location and Possession of Mining Claims.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any six or more persons, who are males of the age of twenty-one years and upwards, holding mining claims in any mining district, or who hold mineral lands not within the boundaries of any established mining district, may form a new mining district, embracing said claims, at a meeting of such persons to be called by posting, for five days, in at least five conspicuous places within the limits of such proposed new district, notices, in writing, stating the place and time for holding such meeting, describing, as near as may be, the limits of such proposed new district, and signed by not less than five of such persons. At said meeting, all males of the age of twenty-one years and upward, holding mining claims, or any interest therein, within said limits, may vote, and by a majority vote determine whether said new mining district shall be established, and its boundaries, which shall be within the limits named in said notices; and thereafter the persons so qualified and holding mining claims in such newly established district, shall proceed to select a name therefor and elect a District Recorder, who shall be qualified, as aforesaid. He shall perform all the duties required of him by law, and shall, within thirty days after qualifying, file and record in his office, a record of the proceedings of said meeting. No district formed under the provisions of this Act, shall be divided by any county line. Mining districts now existing may be continued. Sec. 2. The District Recorder, so chosen, shall hold his office until the second Saturday of July then next ensuing. Sec. 3. The annual election for District Recorder shall be held, in each district, on the first Saturday of July, of each year. Whenever a vacancy occurs in the office of District Recorder, by death, resignation or otherwise, such vacancy shall be filled, for the balance of the unexpired term, by special election, which shall be called by means of notices, signed by not less than five claim holders entitled to vote for District Recorder in the district, posted in not less than five conspicuous places in the district, for ten days preceding such special election. The District Recorder shall, in all cases, hold his office until his successor is elected and qualified. It shall be the duty of the District Recorder to give notice of the annual election, by posting notices in not less than five conspicuous places in his district, ten days before said election. All notices of election shall state the place, day and hour of holding the election. The District Recorder, in the several mining districts of this State, shall give notice of the first annual election under this Act. In all cases, in posting notices required by this Act, if practicable, one of said notices shall be posted on the door of the District Recorders office, and, so far as possible, all elections shall be held at the office of the District Recorder. |
Mining districts, how formed.
District Recorder.
Annual and special elections. |
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Elections to be by ballot, except first. Persons entitled to vote.
Inspector and Judges to be appointed.
Clerks. Polls to be opened.
Certificate.
District Recorder, who eligible.
Fraud, how punished.
Vacancy, when.
To hand over to successor all moneys, etc. County Clerk required to give notice of resignation. |
ers office, and, so far as possible, all elections shall be held at the office of the District Recorder. Sec. 4. All elections, after the first election, in a new district, formed under this Act, shall be by ballot. Except at the first election in a new district, formed under this Act, none but males, of the age of twenty-one years and upwards, who are holders of claims, or any interest therein, in the district, and who have resided in the district thirty days immediately preceding the day of election, shall be entitled to vote. If the district has not been organized for thirty days, then only such persons as are of the age of twenty-one years and upwards, and who own claims, or any interest therein, in said district, and have resided therein from the time of its organization, shall be entitled to vote. Sec. 5. At eleven oclock a. m. of the day of election, and at the place designated for holding the same, those entitled to vote at such election shall choose, viva voce, one person to act as Inspector and two persons to act as Judges, all of whom shall be persons who are entitled to vote at such election. The Inspector and Judges shall appoint two suitable persons to act as Clerks at such election. Immediately thereafter the polls shall be opened, and shall be kept open until sundown, at which time they shall close. The person receiving the highest number of votes shall be declared elected District Recorder of the district; and the Inspector and Judges shall give him a certificate to that effect, which, within thirty days after such election, shall be filed and recorded in the office of the District Recorder by the District Recorder. Sec. 6. No person shall be eligible to the office of District Recorder in any district unless, at the time of the election, he is entitled to vote for District Recorder in such district. Sec. 7. Any officer of any election who shall be guilty of any fraud in the conducting of any election for District Recorder, and any one who shall knowingly cast an illegal vote, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Sec. 8. In case of a continued absence from the district of the District Recorder and his deputy, for thirty consecutive days, his office may, upon the written application of any five persons who are entitled to vote for District Recorder in the district, be declared vacant by any Justice of the Peace in the county. Sec. 9. Every District Recorder, including those elected under district mining laws, upon retiring from his office, shall hand over to his successor all moneys, books, papers and records, of whatever kind, belonging or appertaining to said office. Sec. 10. In case the District Recorder of any district wishes to resign his office, he shall file his resignation in the office of the County Clerk, who shall, forthwith, in any reasonable manner, notify the people of said district of the vacancy thus caused. |
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Sec. 11. The District Recorder shall appoint a deputy, for whose official transactions he shall be responsible, on his official bond. The certificate of such appointment shall be filed and recorded in the office of the District Recorder, by the District Recorder, before said deputy enters upon the discharge of his duties. Said deputy shall, under the direction of the District Recorder, do all things required of the District Recorder; and he may hold his office during the pleasure of the District Recorder. Sec. 12. The District Recorder, elected at any annual election, shall, if qualified, enter upon the discharge of the duties of his office one week after his election. He shall hold his office for one year, and until his successor is elected and qualified. Any Recorder elected at a special election, or at the first election in a new district, formed under this Act, shall enter upon the discharge of the duties of his office as soon as qualified. Sec. 13. Each District Recorder, before entering upon the discharge of his duties, shall take the constitutional oath of office, before some officer authorized to administer an oath, and shall execute a bond in the penal sum of five hundred dollars, for the faithful performance of the duties of his office. Said bond shall be approved by a Justice of the Peace of the county in which said district is situated. Said bond and oath shall be recorded in the office of the District Recorder, and filed in the office of the County Recorder, by said District Recorder, within thirty days after entering upon the discharge of the duties of his office. Sec. 14. It shall be the duty of the District Recorder to furnish, at his own cost, suitable books, including indexes; to make all entries and records in a plain and legible manner; to keep the records in good order, and to copy verbatim, and within reasonable time, all instruments, in writing, pertaining to mining claims, filed in his office for record. Also, when called upon to do so, he shall go upon the ground, and survey any mining claim taken up, causing to be firmly established at each corner, at the cost of the claimant, conspicuous monuments, not less than three feet high, on which shall be legible [legibly] and durably inscribed the name of the claim and the date of survey, signed by the District Recorder. He shall, also, at the cost of the claimant, cause to be firmly established, at the point on the claim where the principal part of the assessment work, or other work, has been done, or at some conspicuous point on the claim, a permanent and conspicuous monument, not less than three feet high, to which shall be securely fastened the name of the company and that of the claim; the number of feet therein, and the date of the survey, signed by the District Recorder; all of which shall be legibly and durably inscribed on wood or some other permanent substance; and he shall prepare and file for record in his office a notice of survey, which shall be substantially in the following form:
Notice is hereby given that the undersigned, constituting the .. company, claim .. feet in a mining claim, named ., situated as follows: (Here describe the location by reference to the monuments and other objects in the vicinity, and otherwise, so that, by means of the description, it may be readily found.) |
Recorder may appoint a deputy.
When to enter on duties, etc.
Oath and bond.
Duties of District Recorder.
Form of notice. |
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Copies of records.
Required to file instruments with the County Recorder.
Liable on bond for the keeping and payment of moneys, etc. Damages.
Misdemeanor.
Records to be kept open to inspection.
Fees must be paid or tendered. |
the location by reference to the monuments and other objects in the vicinity, and otherwise, so that, by means of the description, it may be readily found.) Surveyed (here give the date of the survey.) (Here give the names of the locators, with the number of feet claimed by each.) Sec. 15. Upon the request of any one, he shall give a certified copy of any instrument, or matter of record, on file or recorded in his office, if his fees and those of the County Recorder be paid or tendered for the same. Sec. 16. On the third Saturday of August, November, February and May, of each year, the District Recorder shall file in the office of the County Recorder of the county in which his district, or the principal part thereof, is situated, all instruments recorded in the office of said District Recorder, and not previously filed in the office of the County Recorder; and the County Recorder shall, as soon as may be, duly record and index the same in books to be kept for that purpose, and shall then return said instruments to said District Recorder. In case any such instruments be lost, or destroyed, before they are recorded in the office of the County Recorder, copies of the same, duly certified by the District Recorder, shall be filed in their stead. For recording and indexing the County Recorder may charge and collect from said District Recorder the same fees that are allowed County Recorders by law, which amount shall be collected by the District Recorder from the party proposing to file any such instrument, before said District Recorder shall file the same. Nothing in this Act shall be so construed as to require the District Recorder to file in the County Recorders office any district laws, or any instruments or records, obtained from any District Recorder elected under district mining laws, unless the fees, as prescribed in this Act for copying, certifying and filing in the County Recorders office, shall have been paid, or tendered therefor. Sec. 17. For the safe keeping and due payment of all moneys entrusted to him, the District Recorder shall be liable on his official bond. And if he shall use said moneys for his personal benefit, or shall, in any other manner, misappropriate the same, or shall otherwise willfully neglect or refuse to comply with the provisions of this Act, he shall be liable in damages to the party injured thereby, and, in the discretion of the Court, he shall forfeit his office and be forthwith removed therefrom; and shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment. Sec. 18. The District Recorder shall, during all reasonable hours, keep his records open for inspection, and shall, within a reasonable time, record all papers left with him for record, and do all other thinks [things] required of him by this Act. Sec. 19. The District Recorder shall not be required to perform any service, for any person requesting his services, until his fees are paid, or tendered to him, if he demands them. |
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Sec. 20. The District Recorder shall note, on all papers filed in his office, the year, month, day, hour and minute when they were so filed; and all such papers, filed for record, shall be considered as recorded from that time. All papers filed in the office of the District Recorder shall be kept properly arranged, so that they can be readily found. Sec. 21. All mining claims located and held, under and by virtue of district laws of the several mining districts in this State, previous to the second Saturday of July, one thousand eight hundred and sixty-six, may continue to be held in accordance with the provisions of said district laws, up to the first Saturday of August, one thousand eight hundred and sixty-six. But before said first Saturday of August, the boundaries of such claims shall be clearly defined, by firmly establishing at each corner of the claim a conspicuous monument, which shall not be less than three feet high, and which shall have legibly and durably inscribed on it the name of the claim, and the date of the survey or measurement of the claim. And at the point where the principal work has been done, or at some conspicuous point on the claim, a permanent and conspicuous monument, not less than three feet high, shall be firmly established, to which shall be securely fastened the name of the claim, the number of feet therein, and the date of its survey; all of which shall be legibly and durably inscribed on wood or some other permanent substance; and the owners of said claim shall, before said first Saturday of August, file for record, with the District Recorder of the district in which said claim is located, a description of the location of said claim, by means of which said claim may be readily found. In any case where the location is such as not to involve an area, but simply a ledge location, the monuments, as specified in section fourteen, for the corners of a claim, shall be established at the ends of a claim, on the line of the ledge, as located. No claim on which work has been done, to the amount of one thousand dollars or more, shall be subject to re-location on account of non-compliance with the provisions of this section, until sixty days after written notice of intention to re-locate the same has been served upon the agent or principal manager of said claim, setting forth that if, within sixty days from the time said agent or manager receives said notice, the provisions of this section be not complied with, said claim will be re-located by the party serving said notice. Such notice may be served personally, or it may be given by publishing the same for two consecutive weeks in any newspaper published in the county in which said claim is located; and if no newspaper be published therein, it may then be published in any newspaper published at the capital of the State. In case such notice be thus published in a newspaper, the re-location may be made at any time after the expiration of sixty days from the first publication of such notice; provided, that any mining claim on which the assessment dues, required by this Act, have not been paid, as provided in this Act, before the first Saturday of August, one thousand eight hundred and sixty-six, shall be subject to relocation. For the purposes of this Act a claim shall be considered as located in the county in which the principal part of the district in which it is located is situated. |
Papers filed considered as recorded.
Boundaries of mining claims required to be defined.
When claim not subject to relocation. Notice.
Relocation.
Proviso. |
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Manner of making locations.
Certificate.
Number of feet may be located. |
ered as located in the county in which the principal part of the district in which it is located is situated. Sec. 22. On and after the second Saturday of July, one thousand eight hundred and sixty-six, all locations of mining claims shall be made in the following manner: On a monument, not less than three feet high, firmly established in a conspicuous place on the claim, there shall be placed a plainly written notice, embracing a description of the ground claimed, the date of location, the name of the claim, the name of the company, and the names of the locators, with the number of feet claimed by each; and a copy of said notice, accompanied by a written request for a survey of said claim by the District Recorder, shall, within thirty days after the making of such location, be filed in the office of the District Recorder of the district in which said claim is located; and in case there be no legally authorized District Recorder in and for the district, or the claim be outside of the limits of an organized mining district, then, and in that case, said notice may be filed in the office of the County Recorder of the county in which said claim is located, and a written request for a survey by the County Surveyor shall be served upon the County Surveyor. Within a reasonable time thereafter, the County Surveyor, or his deputy, shall perform all the duties required of a District Recorder, by the provisions of this Act. He shall keep a record of all his transactions in such cases; and for such services he may charge and receive the same fees allowed by law for his services in like cases. Within thirty days after the making of such location, there shall be done on said claim, as assessment work, to hold the same up to, and including, the day preceding the first Saturday of the then following August, excavation involving the removal of fifty cubic feet of earth or loose material, or five cubic feet of solid rock, for each two hundred feet in the claim; and, as soon as may be thereafter, said District Recorder shall survey the same, and record the notice of survey, as provided in section fourteenth of this Act. And said District Recorder shall file and record a certificate in regard to the assessment work, which shall be substantially in the following form:
This is to certify that on the (name of claim) mining claim, governed by the Company, surveyed (date of survey), there has been done by, or on behalf of, said company, sufficient work to hold said claim up to the first Saturday of August next. .......................................... , District Recorder.
Sec. 23. Any person may locate mining claims in favor of others; but no person shall be entitled to hold, by location, more than two hundred feet of any one ledge, except by virtue of discovery of the same, for which he shall be entitled to hold two hundred feet additional. In the case of locations made as extensions, the location of two hundred feet, by virtue of discovery, is allowed. No claim shall, in the aggregate, exceed in extent two thousand feet on any one ledge.
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Sec. 24. Any location made on a ledge, by authority of this Act, shall be deemed to include all the dips, spurs, angles and variations of said ledge. The locators of any ledge shall be entitled to hold one hundred feet on each side of the same, not interfering with the mining rights previously acquired by others; and all dips, spurs, angles, variations, veins, crossledges, strings and feeders, within such area of two hundred feet, by the extent of the claim, on the supposed line of the ledge, as located, shall be considered as claimed and held by said locators, and a part of said ledge; and no ledge, in any claim subsequently located shall be followed and worked within said area without the permission of the holders of said area. All measurements of boundaries shall be horizontal air lines. Nothing in this Act shall be so construed as, in any manner, to change the amount of ground that may be held in any mining claim located and held in accordance with district mining laws; but on and after the first Saturday of August, one thousand eight.hundred and sixty-six, all such claims shall, in all other respects, be subject to the provisions of this Act. Locations may be made on blind ledges in the same manner as on cropping ledges, and any person, company or corporation finding a blind ledge, in any excavation made by him or them, shall, for ten days after finding the same, have the exclusive privilege of locating the same. Sec. 25. No person shall become a locator in more than one claim on the same ledge, and any second location made on the same ledge, by or in the name of a party already located on such ledge, shall be void. Sec. 26. The holders of any claim shall have the right to use so much of the land in the vicinity thereof as may be requisite for dumps, and for the erection of the necessary buildings, machinery and other works connected with said claim and for the convenient development and working of the same. And in the development and working of said claim, they may sink shafts and inclines, and run drifts, tunnels and cuts on any lands in said vicinity; but the prior owners of such lands shall be entitled to reasonable compensation for all damages sustained by reason of such dumps, the erection of such works, or the conducting of such operations. If the prior owners of any such lands have duly claimed the same as mining ground, they shall be entitled to all the ores taken out in the course of such operations, and they shall not be interfered with in the conducting of their own mining operations on their own claims. The amount of such compensation shall be determined by a majority of three commissioners-one of whom shall be appointed by such prior owners, one by the party engaged in such development or working, and one by the two thus selected. The amount so fixed shall, within fifteen days after the fixing of the same, be paid to said prior owners, or deposited in the county treasury, subject to the order of said prior owners. Said commissioners shall, before entering upon their duties, take and subscribe to an oath, before some person duly authorized to administer the same, to make a true appraisement thereof, according to the best of their knowledge and belief. |
What location deemed to include. Locators entitled to hold.
Locations on blind ledges.
When location void.
Rights of holders of any claim.
When owners are entitled to ores.
Compensation, how determined. |
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Not to obstruct street or road.
What deemed a monument.
Misdemeanor, how punished.
Term foot defined.
Term assessment work defined.
Assessment dues defined. Assessment year.
Evidence of intention to hold claim.
District mining laws considered repealed.
Proviso. |
Sec. 27. No person shall have the right to impede or inconvenience travel by obstructing or rendering unsafe any public street or road; nor shall any one change the direction of any public road without the sanction of the proper authorities. Sec. 28. For the purposes of this Act, any stakes set, any works erected, or any tree or other object selected and conspicuously marked to designate the boundaries of a mining claim, shall be deemed a monument established for such purpose, if it be conspicuous, and three feet in height. Sec. 29. Any person who, willfully, maliciously or wantonly, or with intent to fraudulently change, injure or destroy a boundary, shall remove, injure or destroy any monument, or any mark thereon, established to designate the boundary of any mining claim, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Sec. 30. For the purposes of this Act, the term foot, when used without qualification in relation to mining ground, is hereby declared to mean twelve lineal inches, horizontal airline measurement, on the line of the ledge, as located; the term assessment work is hereby declared to mean the work done, partly in order to hold a claim, and involving the excavation of fifty cubic feet of earth or loose matter, or five cubic feet of solid rock, for each two hundred feet in the claim; the terms assessment dues is hereby declared to mean two cents for each foot in a claim, to be paid for the purpose of holding the same one assessment year; and the term assessment year is hereby declared to mean the period extending from, and including, the first Saturday of August of one year, to, and including, the day immediately preceding the first Saturday of August of the following year. The doing of assessment work, or the payment of assessment dues, shall be regarded as evidence of intention to hold the claim on which, or with reference to which, the same was done or paid, for the period for which the same was done or paid. The payment of assessment dues shall be in lieu of the assessment work heretofore usually required as an evidence of intention to hold a mining claim for a specified period; and such payment shall not be required in any case where the holders of a mining claim are in good faith, and, to the extent specified in section thirty-two of this Act, engaged in developing or working the same. Sec. 31. On the first Saturday of August, one thousand eight hundred and sixty-six (at which time the first assessment year shall begin,) this Act shall supersede all district mining laws, and thereafter said laws shall be considered as repealed; provided, any and all rights heretofore acquired under and by virtue of such district mining laws, shall be determined in accordance with said mining laws, existing at the time when said rights were acquired. During the period extending from, and including, the first day of May, one thousand eight hundred and sixty-six, to, and including, the day immediately preceding the first Saturday of the following August, no claim shall become subject to re-location by reason of the non-performance of assessment work. |
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sessment work. Locations may be made under this Act at any time on and after the second Saturday of July, one thousand eight hundred and sixty-six (at which time the District Recorders elected under this Act shall, if qualified, enter upon the discharge of their duties), and on and after said second Saturday of July, no locations shall be made under district mining laws. Sec. 32. The doing of assessment work, or the payment of assessment dues, shall not be required in order to hold a claim during any assessment year, if, during the year next preceding such assessment year, there has been done on said claim, by or on behalf of the claimants thereof, an amount of work costing, at a fair valuation, not less than fifty cents for each foot in said claim; but in all other cases assessment work shall be done, or assessment dues shall be paid, as provided in this Act. Assessment dues shall be paid for every assessment year by the parties holding the claim, to the District Recorder, elected under this Act, before the first Saturday of August, commencing the assessment year for which they are paid, except as otherwise provided in this section. Sec. 33. Except as otherwise provided in section thirty-two, every mining claim located and held under district mining laws, on which, before the first day of May, one thousand eight hundred and sixty-six, there has been work done involving the excavation of fifty cubic feet of earth, or loose matter, or five cubic feet of solid rock, for each two hundred feet in such claim, shall be subject to assessment dues. On every mining claim located and held under district mining laws, on which such work has not been done before the first day of May, one thousand eight hundred and sixty-six, assessment work shall be done on or before the day immediately preceding the first Saturday of August, one thousand eight hundred and sixty-six. The doing of such assessment work, or the payment of such assessment dues, shall enable the owners of said claim to hold the same for the next ensuing assessment year, commencing on the first Saturday of August, one thousand eight hundred and sixty-six. Sec. 34. The assessment work done within the thirty days after the location of a claim, under this Act, as provided in section twenty-two, shall hold the same only up to the beginning of the assessment year following the date of said location, and for such next ensuing assessment year, and for every year thereafter (except as provided in section thirty-two of this Act), such claim shall be subject to assessment dues. Sec. 35. For any assessment dues paid to the District Recorder, he shall give a receipt, which shall be filed for record, in the office of the District Recorder, before the expiration of the time for the payment of such dues. Said receipt shall be substantially in the following form:
$......................... Received ......................... District, ......................... county, Nevada, ........................., 18....., from ........................., (amount) in full, as assessment dues on ......................... mining claim, for the assessment year commencing on the first Saturday of August, 18 ........................., District Recorder. |
Locations to be made under this Act.
Amount of assessment required to hold claim.
Work required to be done on claim held under district mining laws.
Same.
Receipt of District Recorder for assessment dues. |
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When claim forfeited.
When papers may be filed in office of County Recorder, etc.
When work may be postponed.
Oath.
Effect when act done after the specified time. |
Sec. 36. The doing of any assessment work, or the payment of any assessment dues, by any one or more of the owners in any mining claim, shall not be held to extend to or protect any interest or interests in said claim, beyond those specifically covered by the doing of such work or the payment of such dues; and any portion or portions, interest or interests, in any claim or claims, on which the requisite work has not been specifically done, or the requisite dues have not been paid, shall be forfeited and subject to re-location, the same as if no work had been done, or no dues been paid, on any portion of said claim; but a receipt given to the company shall be sufficient to cover all ground claimed by said company, without specifying the separate owners therein. Sec. 37. All papers relating to any claim in any mining district in which there is no District Recorder, or which is not within the limits of any mining district, may be filed in the office of the County Recorder of the county in which said claim is located; and, in any such case, the surveys may be made by the County Surveyor of said county, or his deputy; and the assessment dues may be paid to the County Treasurer of said county, who shall give a receipt therefor, which shall be substantially in the form prescribed in section thirty-five. Before the expiration of the time for the payment of said assessment dues, said receipt shall be filed for record in the office of the County Recorder of said county. Sec. 38. If, within thirty days immediately preceding the time that it becomes necessary to do the assessment, or other work, on any mining claim, it is generally believed that the section of country in the vicinity of said claim, or the route which it is necessary to travel in going to said claim, is infested by hostile Indians, the doing of said work may be postponed for six months from said time; but one of the owners of said claim, or his agent, shall, within said thirty days, before some officer competent to administer an oath, take and subscribe an oath, which shall be substantially in the following form: I, A B, to solemnly swear (or affirm) that I am one of the claimants (or the agent thereof, as the case may be,) of (here give the name of the claim, and describe its location, so that it may be conveniently found,) and that I have good and sufficient reason to believe, and do believe, that the doing of (here name the assessment work or other work to be done,) would be attended by serious danger, by reason of hostile Indians in the vicinity of said claim, or on the route over which it is necessary to travel in going thereto. (If an oath,) So help me God. (If an affirmation,) Under the pains and penalties of perjury. Said oath shall, before the time expires for the doing of such work, be filed for record in the office of the District Recorder. Sec. 39. In case of the failure of a claimant to do, within the time specified, anything on, or with reference to a mining claim, which by this Act is required to be done within a specified time, said thing may be done thereafter; and if such claim has not been re-located after the expiration of said time, and before said thing has been done, it shall have the same force and effect as if done within said time. |
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before said thing has been done, it shall have the same force and effect as if done within said time. Sec. 40. The claimants of any mining claim who fail to comply with any of the provisions of this Act, shall forfeit all right thereto, and shall be deemed to have intentionally abandoned the same, and thereafter such claim shall be subject to re-location. Sec. 41. All instruments filed in the office of the District Recorder, and all records made in said office, in pursuance of this Act, and all copies of such instruments and records, duly certified by the District Recorder to be full, true and correct copies or transcripts thereof, shall be received as evidence in all courts, and in all actions and proceedings. Sec. 42. Any person who shall willfully change, deface or obliterate any instrument filed in the office of a District Recorder, or any record made in the books of such office, or insert in such instrument or record any new matter, or who shall steal, or willfully mutilate or destroy any instrument filed in the office of a District Recorder, or any part thereof, shall be guilty of a misdemeanor, and on conviction shall be punished by fine, not exceeding five thousand dollars, or imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment; and shall be liable, to any person injured thereby, for double the amount in damages. Sec. 43. The fees of the District Recorder shall be as follows: For filing any paper, twenty-five cents. For each one hundred feet of mining ground measured, twenty cents. For measuring the assessment work on the mining claim of any company, giving a certificate in regard thereto, and recording and indexing the same, two dollars. For each certificate, twenty-five cents. For the recording and indexing of any instrument containing less than two folios, of one hundred words each, one dollar; and for each additional folio, twenty-five cents. For each certified copy of any instrument or record containing less than two folios, one dollar; and for each additional folio, twenty-five cents, including the certificate. Sec. 44. All moneys paid to the District Recorder, as assessment dues, shall be paid by him to the County Treasurer on the third Saturday of August, November, February and May, of each year. The County Treasurer shall give a receipt for said moneys, which shall be filed and recorded in the office of the District Recorder. The County Treasurer shall pay said moneys to the State Treasurer at the same time and in the same manner that he is required to pay taxes to the State Treasurer; and said moneys shall be set apart as a mining school fund. Sec. 45. The extraction of gold, or other metals, from alluvial or diluvial deposits, generally called placer mining, shall be subject to such regulations as the miners in the several mining districts shall adopt. Sec. 46. In the conveyance of any interest in any mining claim, the description shall be deemed sufficient if it embraces the number of feet conveyed, the name of the claim, and the name of the company by which it is designated, and the district and county in which the claim is situated. |
When right forfeited.
Records, copies, etc., to be received in evidence.
What to constitute a misdemeanor.
Fees of District Recorder.
Money received for assessment dues to be paid to the County Treasurer.
Placer mining.
Conveyance of interest in mining claim. |
κ1866 Statutes of Nevada, Page 152 (CHAPTER 61)κ
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Provisions of act applicable. |
name of the company by which it is designated, and the district and county in which the claim is situated. Sec. 47. The provisions of this Act shall be applicable to all the counties of this State, except the county of Storey, in which county none of the provisions of this Act shall be deemed to apply or have force or effect. |
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City officers.
Vacancies, how filled.
Powers of Common Council. |
Chap. LXII.An Act to amend an Act entitled An Act amendatory of, and supplementary to, an Act of the Legislative Assembly of the Territory of Nevada, entitled an Act to Incorporate the City of Austin, approved February twentieth, A. D. eighteen hundred and sixty-four, approved March 8, 1865.
[Approved February 27, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section Four. The officers of the city of Austin shall be a Mayor, one Alderman from the first ward, two Aldermen from the second ward, two Aldermen from the third ward, and one Alderman from the fourth ward; a City Clerk, who shall be ex officio City Assessor and Clerk of the Common Council; a City Attorney, and such other officers as are hereinafter authorized to be appointed by the Common Council. The above officers shall be elected by the qualified voters of each Ward in the city, and shall hold their office for the term of one year, and until their successors are elected and qualified. Each ward shall elect its own Aldermen. Sec. 2. Section ten of said Act is hereby amended so as to read as follows: Section Ten. When a vacancy shall occur in the office of Mayor, City Clerk, City Attorney, or City Treasurer, the Common Council shall appoint some person to fill such vacancy. The person appointed to fill such vacancy shall hold his office for the residue of the term of his immediate predecessor. In case of any vacancy in the Board of Aldermen, by resignation or otherwise, the remaining Aldermen shall have the power, and be required to order, at their first regular meeting after such vacancy shall occur, an election, to take place within ten days after the order shall be given, for a member to fill such vacancy, and shall publish in some paper, printed in the county of Lander, a notice of the vacancy and election to be held, at least five days previous to such election so ordered. Sec. 3. Section sixteen of said Act is hereby amended so as to read as follows: Section Sixteen. The Common Council shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the United States or the State of Nevada. |