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κ1866 Statutes of Nevada, Page 153 (CHAPTER 62)κ
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Constitution or laws of the United States or 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; which tax shall not exceed one half per centum per annum upon the assessed value of all such property, unless an increased tax shall be authorized by a vote of the people, as hereinafter provided. 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 Common Council shall appoint one referee, and the owner or owners of such property so to be condemned to 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 final and binding; and in case the owner or owners of property so condemned shall refuse or neglect to comply with the provisions of this section, then the Common Council shall constitute a Board of Appraisers, whose decision concerning the valuation of the property by them appraised shall be final and binding. Fourth-To provide for the prevention and extinguishment of fires; also to organize, regulate and establish fire companies. Fifth-To regulate the storage of gunpowder and other combustibles. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To create and establish a city police, to prescribe their duties and compensation, and provide for the regulation and government of the same; but the pay of the regular policemen employed at any one time shall not exceed, in the aggregate, the sum of two thousand dollars per annum. Eighth-To fix and collect a license tax, and regulate all theatres and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license 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 any 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 license tax upon all professions, trades or business not heretofore specified, having regard to the amount of business done by each person or firm so 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; to establish a city infirmary and provide for the indigent. |
Same. |
κ1866 Statutes of Nevada, Page 154 (CHAPTER 62)κ
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Same.
Special assessments for grading streets, etc.
Duty of City Treasurer.
Ex officio Recorders. |
Health, to prevent the introduction and spread of disease; to establish a city infirmary and provide for the indigent. Eleventh-To prevent and restrain any riot or riotous assemblage or disorderly conduct within said city. Twelfth-To fix and prescribe the punishment for the breach of any city ordinance; but no fines 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 two thirds of its members elected. Fourteenth-To make all necessary contracts and agreements for the benefit of the city; to contract debts on the faith of the city; but no debt shall be contracted, or liability incurred, unless there is actual cash in the Treasury to meet such liability. They shall have power to appropriate money for any item of city expenditure; to appropriate to the use of the city all fines, penalties and forfeitures for the breach of any city ordinance. Fifteenth-To fix and establish the fees and salaries and compensation of all city officers, not otherwise provided for in this charter. Sec. 4. Section twenty-one of said Act is hereby amended so as to read as follows: Section Twenty-One. Special assessments may be made by ordinance for the opening, grading, paving, draining or planking of any of the streets, alleys, or sidewalks, of said city, upon the lots, or parts of lots, situated upon the line of the proposed improvements; and whenever the owners of more than one half, in extent, of frontage of land and lots fronting on any street, or portion of a street, or their duly authorized agents, shall petition the Common Council to open, grade, pave, drain or plank the same (and in no other case) the Common Council shall have the authority to provide by ordinance for levying, and the time and manner of assessing and collecting the same. Sec. 5. Section twenty-five of said Act is hereby amended so as to read as follows: Section Twenty-Five. It shall be the duty of the City Treasurer to receive all moneys belonging to the city, and to disburse the same on proper warrants or vouchers; he shall keep an accurate and full account of all receipts and expenditures in such manner as the Council shall direct, and he shall, whenever required by the Common Council, present to them a full amount of such receipts or expenditures for any period designated in their resolution. All warrants drawn on the Treasury shall have specified therein the services or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. The Treasurer shall apportion all moneys which may come into his hands, and shall do and perform such other acts as shall be prescribed by ordinance. Sec. 6. Section twenty-eight of said Act is hereby amended so as to read as follows: Section Twenty-Eight. The Justices of the Peace in and for townships numbered one and two, of the city of Austin, shall be ex officio Recorders of said city, with concurrent jurisdiction; provided, that such Justices shall file such bonds as the Common Council may, by ordinance, require. |
κ1866 Statutes of Nevada, Page 155 (CHAPTER 62)κ
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be ex officio Recorders of said city, with concurrent jurisdiction; provided, that such Justices shall file such bonds as the Common Council may, by ordinance, require. Sec. 7. Section twenty-nine of said Act is hereby amended so as to read as follows: Section Twenty-Nine. The Common Council shall, each year, within one month after the annual election, elect by ballot a Marshal, who shall be ex officio City Collector and Chief of Police; a City Treasurer and a City Physician, who shall hold their respective offices for the term of one year from the annual election, and until their successors are elected and qualified, unless they shall be previously removed for official misconduct. Sec. 8. Section thirty-one of said Act is hereby amended so as to read as follows: Section Thirty-One. The Justices of the Peace, who shall be ex officio City Recorders of the city of Austin, shall have exclusive jurisdiction of all violations of city ordinances; and may hold to bail, fine or commit to prison any offender, in accordance with the provisions of such ordinance, of all cases of misdemeanor and willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or by both fine and imprisonment; also, of all cases of assault and battery committed within the city limits, not charged to have been committed on a public officer in the discharge of his duties, or with intent to commit murder. The said Justices of the Peace, as ex officio City Recorders, shall have further jurisdiction as is by general statute conferred upon Recorders Courts, and the proceedings therein shall be such as are provided by law for proceedings in Justices, Recorders and Mayors Courts. Sec. 9. Section thirty-two of said Act is hereby amended so as to read as follows: Section Thirty-Two. It shall be the duty of the City Marshal to execute and return all process issued by the Recorders, or directed to him by any legal authority, in all criminal cases, and to attend upon the Recorders Court; and to serve and execute all writs, process and other papers issued from Justices Courts, in city suits; and he shall be entitled to charge, collect and receive, for all services rendered in such civil actions, the same fees which are by law allowed to Constables for similar services in civil actions in this State; provided, that such fees shall in no case be a charge against the city. Said Marshal shall arrest all persons guilty of a breach of the peace, in his presence; and all persons guilty of a breach of any city ordinance, and bring them before the Recorders Court, for trial and examination; and he shall perform all such police, and other duties, as the Board of Aldermen shall, by ordinance, direct. Said Marshal shall have power and authority to appoint and remove, at pleasure, a deputy, for whose acts he shall be responsible; and such deputy, so appointed, shall have power to perform all or any of the duties of said City Marshal. Sec. 10. Section forty-one of said Act is hereby amended so as to read as follows: Section Forty-One. The fees, salaries and compensation of the several officers of the city of Austin, named in this Act, shall be as follows: The Mayor and Members of the Common Council shall receive no compensation whatever. |
Marshal and other officers how elected.
Jurisdiction of Ex officio City Recorders.
Duty of City Marshal.
Proviso.
Compensation of officers. |
κ1866 Statutes of Nevada, Page 156 (CHAPTER 62)κ
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Same. |
shall be as follows: The Mayor and Members of the Common Council shall receive no compensation whatever. The Justice of the Peace, as ex officio City Recorder, shall receive such fees and per centage of fines as the Common Council may, by ordinance, provide, but such fees and per centage shall in no case be a charge against the city. The Marshal shall receive a salary for his services as such Marshal, in such sums as the Common Council may allow, not to exceed one thousand dollars per annum, payable in equal monthly installments, out of the City Treasury, and five per centum on all moneys collected and paid over by him as such City Marshal and ex officio City Collector. The City Treasurer shall receive not to exceed on per centum on all moneys received, and one per centum on all moneys disbursed by him as such City Treasurer. The City Clerk shall receive, as ex officio City Assessor, such a per diem as the Common Council may allow, not to exceed five dollars a day, for such number of days as he is actually employed in the discharge of his official duties, as such ex officio Assessor. The City Clerk shall receive a salary for the services required to be performed by him, by this Act, and the clerical services that may be required to be performed by him, by any resolution or ordinance of the Common Council, not to exceed the sum of one thousand dollars per annum, payable in equal monthly payments out of the City Treasury, and be allowed by the Common Council. He shall also receive fifty cents on every license issued within the corporate limits of the city. The City Attorney shall receive such salary and fees as the Common Council may allow. Said salary shall not exceed five hundred dollars per annum. |
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Appropriation. |
Chap. LXIII.An Act appropriating money to pay for publishing Volume One of the Reports of the Decisions of the Supreme Court of the State of Nevada.
[Approved February 28, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand five hundred dollars, in gold coin, is hereby set apart and appropriated, as a special fund, out of any money now in the State Treasury, or which shall hereafter be placed therein (except such as is or may be hereafter placed in the Judiciary Salary Fund), to pay for publishing volume one of the decisions of the Supreme Court of this State; and such fund, after being set apart, shall not be drawn or appropriated for any other purpose. Should there be any excess of this appropriation, it shall be placed in the General Fund. This appropriation is made in lieu of that made March fourteenth, one thousand eight hundred and sixty-five, and shall be drawn and applied as provided in the Act making that appropriation, and not otherwise. |
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κ1866 Statutes of Nevada, Page 157κ
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Chap. LXIV.An Act to establish a standard of Weights and Measures.
[Approved February 28, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be but one standard of measure of length and surface, one of weights, and one of measure of capacity, throughout this State, which shall be in conformity with the standard of measure, length, surface and weights established by Congress. Sec. 2. All measure used for measuring dry commodities not heaped shall be stricken with a straight stick or roller, and of the same diameter from end to end. Sec. 3. Contracts, hereafter to be executed, made within this State, for any work to be done, or for anything to be sold, delivered, done, or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. Sec. 4. The hundred weight shall consist of one hundred pounds, and twenty such weights shall constitute one ton. Sec. 5. Whenever wheat, rye, Indian corn, barley, buckwheat, or oats, shall be sold by the bushel, and no special agreement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats. Sec. 6. It shall be the duty of the State Sealer to procure, at his own expense, a complete standard of weights and measures, in conformity with that established by Congress, which shall consist of a yard, a pound weight, a liquid gallon, a half bushel, and the usual subdivision thereof. The said standards to be certified to by the weigher and measurer of the United States customs at San Francisco. The said standards to be kept in the office of the State Sealer and Weigher, who may issue certified duplicates to deputies, and all weights and measures used in this State for commercial purposes to be in conformity therewith, and to be marked with the brand C. Sec. 7. It shall be the duty of all persons using any weights, measures, or beams, by which any commodity of trade is weighed or measured, to have the same certified to as correct, annually, by the State Sealer or his deputy; and any person hereafter using any weights, measures, or beams, in weighing or measuring, not so certified to, he or she shall be liable to indictment therefor, and, upon conviction thereof, shall be fined in a sum not less than five hundred dollars. Sec. 8. The State Sealer shall be entitled to fees after the following rate: For sealing and marking every beam, two dollars and fifty cents. For sealing and marking measures of extension, at the rate of one dollar per yard, not to exceed two dollars for any one measure. For sealing and marking every weight, fifty cents. |
Standard of weights and measures.
Stricken measure.
Contracts, etc., how construed.
Hundred weight and ton. Grain sold by the bushel.
Duty of State Sealer.
Weights, etc. required to be certified to as correct, annually.
Fees of State Sealer. |
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Account of fees to be kept.
Governor shall appoint State Sealer. Deputies.
Oath and bond required. |
weight, fifty cents. For sealing and marking liquid and dry measures, fifty cents each. He shall also be entitled to a reasonable compensation for labor in making such weights and measures conform to the standard established by this Act. Sec. 9. It shall be the duty of the State Sealer to keep a correct account of all fees received by him, and to make a quarterly report thereof, and to pay to the State Treasurer ten per cent. of all fees collected. Sec. 10. The Governor of the State shall appoint some person, a citizen of the State, as State Sealer, who shall hold his office for one year. Sec. 11. The Sealer shall have power to appoint such deputies as may be requisite, and shall be responsible for the faithful performance of all such persons duties. Sec. 12. The State Sealer, before entering upon the discharge of his duties, shall take the constitutional oath of office, and shall execute a bond to the State in the sum of five thousand dollars, conditioned for the faithful performance of his duties; the same to be filed with the Secretary of State, who shall approve said bond. |
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Commissioner to prepare and report Civil Practice Act. Ground work of code.
Compensation.
Act to be transmitted to the Legislature.
Secretary of State required to furnish statutes and stationery.
Compensation, how drawn. |
Chap. LXV.An Act appointing a Commissioner to Prepare and Report to the Legislature, at its next regular session, for its adoption, a Civil Practice Act.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. J. Neely Johnson is hereby appointed a Commissioner to prepare and report to the Legislature, at its next regular session, for its adoption, a Civil Practice Act, complete in all particulars, so far as practicable. Sec. 2. The ground work of said Act shall be the Code of Civil Procedure now in force in the State of New York, and the Civil Practice Act of California. Sec. 3. The said Commissioner shall be allowed for his services, in preparing and reporting said Civil Practice Act, as hereinbefore provided for, the sum of three thousand dollars, the same to be paid by the State Treasurer out of the general fund. Sec. 4. The Practice Act, as hereinbefore provided for, shall be transmitted to the Legislature of this State at the next session thereof, within the first week of its organization. Sec. 5. The Secretary of State is hereby authorized and directed to furnish said Commissioner a copy of the statutes adopted at each session of the Legislature of the Territory and State of Nevada; also, such amount of stationery as may be necessary for use in the preparation of such code. Sec. 6. The sum of money hereinbefore provided to be paid, to wit: three thousand dollars, shall be drawn in amounts as follows, |
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as follows, to wit: five hundred dollars on the first days of April, June, August, October and December of the year 1866, and on the first day of February, 1867; provided, the same shall be allowed by the State Board of Examiners; and the Controller of State is hereby authorized to draw his warrants of the date and amount, as aforesaid, and the State Treasurer shall pay the same out of like funds as may be provided for the payment of all other State officers. Sec. 7. Within ten days after the passage of this Act, the Commissioner herein named shall take the oath of office prescribed by law, and shall furnish a bond, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his said office, and such bond shall be subject to the approval of the State Board of Examiners. |
Proviso.
Oath and bond required. |
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Chap. LXVI.An Act to provide for the Payment of the Claims created by the Warden of the State Prison in Recapturing Escaped Prisoners.
[Approved March 1, 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 authorized and directed to draw his warrant on the Prison Fund, in favor of J. S. Crosman, for the sum of nine hundred dollars, to reimburse him for expenses incurred in looking for, and rewards paid by him for prisoners who escaped in the year 1865, and the State Treasurer is authorized and required to pay the same out of the Prison Fund. |
Controller directed to draw warrant, etc. |
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Chap. LXVII.An Act to amend an Act relating to Wild Game and Fish, approved November 21, 1861; approved February 20, 1864.
[Approved March 1, 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. That it shall be unlawful to catch, or to attempt to catch, fish in any of the lakes, rivers, creeks, streams or waters within this State, from and after the first day of April, in each year, up and to the first day of July, in each year, by means of any drag or drags, or any kind of a net, or any fish basket or pot, pond or weir, or by any poison, or by any deterious substance whatsoever, or by obstructing, in any manner, the natural transit of fish in any of the waters of this State. |
When unlawful to catch fish by net, etc. |
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κ1866 Statutes of Nevada, Page 160κ
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Treasurer required to set apart money quarterly to pay compensation of District Judges.
Salary Fund. Auditors required to draw warrants.
Treasurers required to pay warrants.
Surplus to be transferred to General Fund. Proviso.
Act to take effect. |
Chap. LXVIII.An Act to provide a Fund for the Payment of the Salaries of the District Judges of this State, and to regulate the Disposition of the same.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the County Treasurers of the county or counties composing the respective districts, and they are hereby directed and required, from the revenues of the several counties respectively, to set apart quarterly a sufficient amount of money to pay the quarterly compensation, or such countys proportion of the quarterly compensation, of the several District Judges of this State, of and within the several districts respectively as apportioned by law. And the moneys, so set apart, as aforesaid, shall be and remain a special and exclusive fund, to be known in each county as the District Judges Salary Fund. And it shall be the duty of the several County Auditors, and they are hereby directed and required, to draw their warrants upon such special fund upon the County Treasurers of the several counties, upon the first Mondays of April, July, October and January, of each year, in favor of each District Judge of the said district, for such compensation; and it shall be the duty of the County Treasurer of each county, and he is hereby directed and required, to pay such warrants immediately upon the presentation thereof to him, from the moneys so set apart in said fund; and the moneys so set apart shall not be used or appropriated to any other fund, use or purpose. Sec. 2. Whenever there shall be in any of the treasuries of any of the counties, from any cause, a surplus of money in the special fund by this Act created, over and above a sufficient fund to pay the warrants named, as in this Act provided, it shall be the duty of the County Treasurer of such county to transfer such surplus money to the general fund, and use or disburse the same as required by the laws relating thereto; provided, that no portion of said surplus moneys shall go into the Redemption Fund of any county created for the purpose of paying the outstanding indebtedness of any county. Sec. 3. This Act shall take effect on the first Tuesday after the first Monday in January, in the year one thousand eight hundred and sixty-seven. |
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κ1866 Statutes of Nevada, Page 161κ
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Chap. LXIX.An Act concerning the Salary of Deputy Secretary of State.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act, the Deputy Secretary of State shall receive a salary of two hundred and fifty dollars per month, payable monthly. Sec. 2. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasury, in favor of said Deputy, for the amount of his compensation then due, and the State Treasurer shall pay the same out of any money in the State Treasury, not otherwise specially appropriated. |
Salary.
Warrant, when issued and paid. |
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Chap. LXX.An Act to provide for Sales of Property for Delinquent Taxes.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notices of sales of real property, and improvements, for delinquent taxes, shall be given by posting a notice, describing the property to be sold, and specifying the amount of the tax delinquency, and costs against the same, and the time and place of sale, at the court house door of the county in which the tax was assessed, for a term not less than twenty-one days before such sale, and by posting a like notice in a conspicuous place upon one parcel of the property to be sold, of each owner; and where the owner resides in the county, by delivering to him a like notice, or if the owner does not reside in such county, a like notice shall be given to any tenant or occupant of such property, if such there be, and if there be none, then by publication, for the term of thirty days, in some newspaper published in the county nearest the location of the property where such tax is due; and no other notice shall be required of the sale of any property for delinquent taxes. Sec. 2. All sales hereafter made, of property for delinquent taxes levied and assessed thereon, under the laws of Nevada Territory, for the years 1862, 1863 and 1864, shall be sold, subject to redemption, as provided by the laws in force at the time the Constitution of this State took effect. Sec. 3. It shall be the duty of the Treasurers of the several counties of this State to attend all sales of property, for delinquent taxes, and in case there shall be no bidders for any parcel or parcels of property offered for sale, to pay such tax and costs thereon, |
Notices of sale, how given.
When subject to redemption.
Duty of Treasurer to buy in property. |
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Redemption, how made.
When deed in trust to be made.
Rents, how collected and paid out.
Monthly statement of property sold and rents collected, to be filed. |
and costs thereon, then such Treasurer may bid for, and buy in, such parcel or parcels of property as others will not buy; and such Treasurer shall take certificates of sale, or deeds, for such property, as other private buyers, specifying the trust aforesaid; and such Treasurers, and their successors in office, shall hold the property so bought in by him, in trust, for the use and benefit of the State and county; and any officers having fees due them in such cases, subject to any redemption that may exist in such cases, or absolutely, as the law under which such property is sold may provide, subject, in all cases, to the trust aforesaid. In cases where, by law, the right of redemption exists, such redemption may be made from such Treasurer in the same manner, and upon the same terms, as from any private buyer. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the officer who made such sale shall execute and deliver to such Treasurer, who bought in such property, a deed of the same, in trust, as aforesaid; and such Treasurer, and his successors in office, upon obtaining a deed of any property, in trust, as aforesaid, under the provisions of this Act, shall hold such property in trust until the same is sold, when, upon an order entered upon the record of the proceedings of the Board of Commissioners of his county, such Treasurer, or his successor in office, for a consideration mentioned in such order, shall make, execute and deliver, upon the payment of such consideration to him, to any purchaser, an absolute deed, discharged of any trust, of the property mentioned in such order of the Commissioners. Sec. 4. While such property is held in trust, as in this Act provided, such Treasurer, or his successor in office, shall collect any rents arising from the property purchased by him, as other private persons do, during the time such property is subject to redemption; and after the time of redemption has expired, until such property can be sold, he may rent the same, with the approval of the Board of Commissioners, for a price to be fixed in their minutes. Such rents shall be paid out by the Treasurer, or his successor in office, as follows: First-To the payment of the costs and taxes for which it was sold, with the per centage allowed for redemption. Second-To the payment of any taxes afterward accruing upon such property. Third-Any balance shall be paid into the General Fund of his county. The price for which any property shall be sold shall be appropriated in the same manner as the rents are directed to be paid in this section. The Treasurer, or his successor in office, shall file in the office of the County Auditor a monthly statement, on the first Monday in each month, of the amount of property sold and rents collected during the past month; and, upon any money being paid him for purchase or rent, shall give a statement of the amount thereof to the person, who shall file the same with the County Auditor; and such Auditor shall give the person paying such money a receipt for the same, as having been paid to the Treasurer, and expressing the purpose or consideration upon which such payment was made. Sec. 5. The officer selling any property to a County Treasurer, in trust, as provided in this Act, shall embrace in one certificate of sale all property bid off by such Treasurer in any one day; |
κ1866 Statutes of Nevada, Page 163 (CHAPTER 70)κ
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tificate of sale all property bid off by such Treasurer in any one day; and, where sales are absolute, shall embrace in one deed all property so sold in any one day, and, at the expiration of the time for redemption, shall in one deed convey, in trust, to the Treasurer who bought such property, or to his successor in office, all property sold to such Treasurer and remaining unredeemed at any time after the expiration of the time for redemption; and the Recorder of the county shall record such certificates and deeds without payment of his fees until such property shall be sold or rented to pay the same. Sec. 6. During the time any property is held in trust, under the provisions of this Act, it shall be annually assessed to such Treasurer, and his successors in office, in the same manner that the taxable property of private persons is assessed, except that such assessment shall express that it is made against him as a trustee. But no proceedings shall be taken to enforce the collection of such taxes against the trustee. When the property is sold or rented for sufficient to pay the taxes and costs legally chargeable against such property, then the same shall be, by the trustee, fully paid; and in case any parcel of property shall not be of sufficient value to pay all the tax, costs and per centage legally chargeable against the same, then the Board of Commissioners, upon a sale of such property, may remit the balance of such taxes over and above its value. Sec. 7. The County Treasurer, for his services under this Act, shall be allowed, upon the sale of any parcel of property held by him in trust, or out of its rents, a reasonable compensation for his trouble, to be fixed by the Board of Commissioners, in each case and out of the sale price or rents of any property of which he is trustee, the Treasurer shall pay the costs due any officers for the enforcement of the tax upon such parcel of property, and all taxes owing thereon, and upon the redemption of any property from him as trustee, shall pay the redemption money over to any officers having fees due them from such parcels of property, and pay the tax for which it was sold and redemption per centage according to the proportion such fees respectively bear to such tax. In no case shall any service rendered by any officer under this Act, become or be allowed as a charge against the county, nor shall the sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed, and after paying all the tax and cost upon any one parcel of property, any balance remaining in the hands of the trustee shall by him be paid into the general fund of the county. Sec. 8. Every deed derived from the sale of real property, under this Act, shall be conclusive evidence of the title, except as against actual frauds, or pre-payment of the taxes by one not a party to the action, or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a Justices Court for the unlawful withholding thereof, in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such property shall only sell the smallest quantity that will pay the judgment and all costs. |
Property bid off in one day, to be embraced in one certificate.
Property held in trust to be annually assessed.
Compensation, costs, etc., how paid.
Service rendered not to be a charge against county.
Deed to be conclusive evidence, etc.
Proviso. |
κ1866 Statutes of Nevada, Page 164 (CHAPTER 70)κ
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Treasurers liable on bond for misfeasance, etc. |
judgment and all costs. All sales of real estate sold for taxes except as in this section otherwise provided, shall be absolute. Sec. 9. Every County Treasurer and his successor in office, becoming trustees under the provisions of this Act, shall be liable upon his and their official bond for any misfeasance, malfeasance, failure or neglect to perform faithfully all the duties of their trust, under the provisions of this Act. |
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Controller authorized to draw warrant. |
Chap. LXXIAn Act for the Relief of J. F. Hatch.
[Approved March 1, 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 authorized to draw his warrant in favor of J. F. Hatch, for the sum of three hundred dollars, payable out of the current expense fund, for services in Secretary of States office for the months of January and February, 1866. |
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Warden may issue warrant for escaped prisoners.
Expenses to be charged against the State. Proviso. |
Chap. LXXII.An Act concerning Escaped Prisoners, and the Recaptare of the Same.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Hereafter, when any prisoner or prisoners escape from the State Prison of this State, it shall be lawful for the Warden of the State Prison to issue a warrant for the recapture of said escaped prisoner or prisoners, which warrant shall have force and effect in any county in this State, and may command the Sheriff of any county in this State, or any Constable thereof, or any police officer of any city in this State, to arrest said prisoner or prisoners, and make return to the Warden, with the prisoner or prisoners who may be arrested under said warrant. Sec. 2. Any and all expenses of enforcing the provisions of this Act, or in any wise appertaining to the recapture and return of escaped convicts to the State Prison, shall be a charge against the State, and shall be paid out of the State Prison Fund; provided, however, that said escape be not the result of carelessness, incompetency, or other official delinquency, of the Warden, or other officers of the State Prison. |
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κ1866 Statutes of Nevada, Page 165κ
|
Chap. LXXIII.An Act making further Appropriation to Defray the Expenses of the Nevada State Prison for the Fiscal Year ending December 31, 1866.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eight thousand dollars is hereby appropriated, out of any moneys now in, or which may hereafter come into, the State treasury, in addition to the appropriation already made, to defray the expenses of the Nevada State Prison, for the fiscal year ending December thirty-first, eighteen hundred and sixty-six. |
Appropriation. |
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|
Chap. LXXIV.An Act to exempt Incorporated Cities and Towns from the Payment of Costs in Certain Cases.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In any suit commenced, or hereafter to be commenced, in any incorporated city or town of this State for the collection of delinquent taxes, no costs shall, in any event, be charged against, or collected from, such city or town. |
Costs not to be charged against city or town. |
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|
Chap. LXXV.An Act to amend an Act entitled An Act to Provide for the Formation of Corporations for Certain Purposes, approved March 10, 1865.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section One. Corporations for manufacturing, mining, milling, ditching, mechanical, chemical, building, navigation, transportation, farming, banking and for ore-reduction purposes, may be formed according to the provisions of this Act, such corporations, and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others; |
Corporations may be formed. |
κ1866 Statutes of Nevada, Page 166 (CHAPTER 75)κ
|
Proviso. |
provided, that nothing in this section shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this State, except the Federal currency, and the notes of banks authorized under the laws of the Congress of the United States; nor shall bank notes or paper of any kind be permitted to circulate as money in this State, other than the Federal currency and the notes of banks authorized by the laws of the Congress of the United States. |
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|
Punishment for prison breaking, etc.
Punishment for escaping from jail or officer.
Punishment for escaping from State Prison or jail.
Expenses and costs, how paid. |
Chap. LXXVI.An Act supplementary to an Act entitled An Act concerning Crimes and Punishments, approved November 26, 1861.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person lawfully confined in the State Prison of the State of Nevada, under judgment of imprisonment in said prison, who shall escape therefrom, or break out of such prison, or make any overt attempt to escape from or break out of such prison, shall, on conviction thereof, be punished by imprisonment in the State Prison not less than one nor more than ten years. Sec. 2. Every person lawfully confined in a county jail, or in the custody of any officer or person, under a lawful arrest, who shall escape or break away from such officer or person, or shall escape from or break out of, or attempt to escape from or break out of, such jail, shall, on conviction thereof, be punished by a fine of not less than one hundred, and not more than five thousand dollars, or by imprisonment in the county jail for a term not less than one month, and not more than one year, or by both such fine and imprisonment; and in case such person is under arrest, or confined in jail, upon a charge of felony, and so escape or break away from such arrest, or escape from, or break out of, or attempt to break out of, such jail, then, upon conviction, he shall be punished by imprisonment in the State Prison not less than one, nor more than ten, years. Sec. 3. Any person confined in the State Prison of this State, or in any county jail, under a sentence of a Court of competent jurisdiction, who, during the term of his imprisonment, shall, after the passage of this Act, escape from such State Prison or county jail, and be retaken, may, upon conviction thereof, be imprisoned in the State Prison for a term not exceeding ten years, nor less than one year, which term of imprisonment shall commence at the expiration of the term for which he shall have been sentenced for the original offense. Sec. 4. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the State Prison, or attempting so to do, or for the commission of any crime while a prisoner therein, shall be a State charge, and shall be paid as other expenses of the State Prison. |
κ1866 Statutes of Nevada, Page 167 (CHAPTER 76)κ
|
crime while a prisoner therein, shall be a State charge, and shall be paid as other expenses of the State Prison. Sec. 5. If one or more persons, lawfully imprisoned in the State Prison, shall, separately or together, escape, or shall, separately or together, attempt to escape from such prison; and being so engaged, he, they, or either of them, shall cause the death of any human being in making, or attempting to make, such escape, the prisoner or prisoners causing such death shall be deemed guilty of murder in the first degree, and, on conviction thereof, shall suffer death. Sec. 6. Where any person or persons, under sentence of imprisonment not expired, shall commit any crime or offense against the law, he or they may be tried pending his or their term of imprisonment, and, upon conviction, the judgment of the Court shall be rendered for the sentence to commence upon the expiration of the former sentence, if the punishment be one of imprisonment; but if the punishment be of death, the sentence shall be executed without reference to the unexpired term of imprisonment. |
Punishment for murder.
Prisoner may be tried pending term of imprisonment. |
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|
Chap. LXXVII.An Act to Appropriate Money for the purpose of Paying Counsel Fees in Case entitled Ex parte Crandall, involving the validity of the Capitation Tax.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated and set apart, from and out of any money in the Treasury, not otherwise appropriated, for the purpose of paying counsel fees, and other expenses, in the suit now pending in the Supreme Court of the United States, entitled Ex parte Crandall, said suit involving the validity of the Capitation Tax, so called, imposed by the revenue law of last winter. Sec. 2. Said sum, so appropriated, is placed under the control of the Attorney-General of the State, who is hereby authorized to draw the same, and employ it for the purpose above named. Sec. 3. The Attorney-General shall report to the next Legislature a full statement of the disposition made by him of said money. |
Appropriation to pay counsel fees, in case of Ex parte Crandall.
To be under control of Attorney-General.
Report. |
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κ1866 Statutes of Nevada, Page 168κ
|
Money to be transferred to Library Fund. |
Chap. LXXVIII.An Act to provide for the Transfer of Certain Money from the General Fund to the State Library Fund.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Treasurer of the State of Nevada is hereby authorized and required to transfer the sum of four hundred and sixty-two dollars from the General Fund to the State Library Fund. |
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Duty of County Assessor. |
Chap. LXXIX.An Act to further amend an Act entitled An Act to provide Revenue for the support of the Government of the State of Nevada.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section Six. Between the second Monday in May and the second Monday in September, in each year, the County Assessor, except otherwise required by special enactment, shall ascertain, by diligent inquiry and examination, all property in his county, real or personal, subject to taxation; and, also, the names of all persons, corporations, associations, companies, or firms, owning, claiming, or having possession, charge, or control, thereof. For the purpose of enabling the Assessor to make such assessment, he shall demand from each person and firm, and from the president, cashier, treasurer, or managing agent, of such corporation, association, or company, including all banking institutions, associations, or firms, within his county, a statement, under oath or affirmation, of all real estate or personal property within the county, owned, claimed by, or on deposit with, or in the possession or control of, such person, firm, corporation, association, or company. If any person, officer, or agent, shall neglect, or refuse, on demand of the Assessor, or his deputy, to give, under oath or affirmation, the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be deemed guilty of misdemeanor, and shall be arrested, upon complaint of the Assessor or his deputy; and, upon conviction before a Justice of the Peace of the county, he or she shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than ten days nor more than three months, or by both such fine and imprisonment, at the discretion of the Court. |
κ1866 Statutes of Nevada, Page 169 (CHAPTER 79)κ
|
imprisonment, at the discretion of the Court. If the owner of any property not listed by another person shall be absent, or unknown, or fail to make the statement under oath or affirmation, as herein provided, within five days after demand is made therefor, the Assessor shall make an estimate of the value of such property, and assess the same accordingly. If the name of such absent owner is known to the Assessor, the property shall be assessed in his or her name. If unknown to the Assessor, the property shall be assessed to unknown owners. It is hereby made the duty of the Assessor, at the end of each month, to report to the District or Prosecuting Attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this Act; and it is hereby made the duty of such District or Prosecuting Attorney to prosecute all persons so offending. Sec. 2. Section eleven of said Act is amended so as to read as follows: Section Eleven. If any person shall willfully make, or give, under oath or affirmation, a false list of his, her, or their, taxable property, under his or her control, 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. When personal property is mortgaged, or pledged, it shall, for the purpose of taxation, be deemed the property of the person who has the possession thereof. Sec. 3. Section fourteen of said Act is hereby amended so as to read as follows: Section Fourteen. On or before the second Monday in September, in each year, the Assessor shall complete his tax list, or assessment roll, and shall attach his certificate thereto, and deliver it and the map book, and all the original lists of property given to him, to the Clerk of the Board of County Commissioners; and as soon as he receives said assessment roll, the Clerk of the Board of County Commissioners shall give notice of the fact, specifying therein the time of meeting of the Board of Equalization, by publication in one newspaper, if there be one published in the county, and if none, then in such manner as the Board of County Commissioners shall direct, and shall keep the roll open in his office for public inspection. Sec. 4. Section fifteen of said Act is hereby amended so as to read as follows: Section Fifteen. The Board of County Commissioners shall constitute a Board of Equalization, of which Board the Clerk of the Board of County Commissioners shall be Clerk. The Board of Equalization shall meet on the third Monday in September, in each year, and shall continue in session from time to time until the business of equalization, presented to them, is disposed of; provided, however, that they shall not sit after the first Monday in October, except as in this section provided. The Board of Equalization shall have power to determine all complaints made in regard to the assessed value of any property, and may change and correct any valuation, either by adding thereto or deducting therefrom, if they deem the sum fixed in the assessment roll either above or below its true value, whether said sum was fixed by the owner or Assessor, except that in case where the person complaining of the assessment has refused to give the Assessor his list under oath, as required under this Act, no reduction shall be made by the Board of Equalization in the assessment made by the Assessor. |
Same.
False list.
Tax list.
Board of Equalization.
Powers. |
κ1866 Statutes of Nevada, Page 170 (CHAPTER 79)κ
|
Clerk to make list.
Assessor to be present.
Recorder to be present.
Quorum. |
except that in case where the person complaining of the assessment has refused to give the Assessor his list under oath, as required under this Act, no reduction shall be made by the Board of Equalization in the assessment made by the Assessor. And if the Board of Equalization find it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct the clerk to give notice to the persons so interested, by letter deposited in the post.office or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. As soon as possible, after the adjournment of the Board of Equalization in October, its Clerk shall make out a list of all persons, the valuation of whose property has been added to, and the amount so added to on the assessment roll, who have not appeared before the Board, and a list of all property the valuation of which has been added to on the assessment roll, with the amounts so added, the owners of which have not appeared before the Board, and the Board of County Commissioners shall cause the same to be published in one newspaper in the county, if there be any, and if not, then by posting one copy of the same in a public place in each election precinct in the county, and any person, to the assessed value of whose property there was an amount added, not appearing before the Board of Equalization in September, may appear before the Board in October, and upon making affidavit that he had no knowledge of such increased valuation of his property, he shall have a hearing before the Board of Equalization, and the determination shall then be final; and the Clerk of the Board of Equalization shall note all changes made and report the same to the Auditor, who shall make the changes required on the original assessment roll. And the Auditor shall, in the next regular statement to the Controller of State, report such changes in such statement during the session of the Board of Equalization. The Assessor, either in person or by deputy, shall be present, also any deputy whose testimony may be required by the parties appealing to the Board, and they shall have the right to make any statement touching such assessment, and producing evidence relating to questions before the Board. And the Recorder of the county shall be also present, and attend on the Board of Equalization with an abstract of all unsatisfied mortgages and liens remaining on record in his office, arranged in alphabetical order, for which service he shall receive no compensation. And the Board of Equalization shall make use of such abstract, and of all other information that they can procure from the Recorder, in the Recorders office, or otherwise, in equalizing the assessment roll of the county, and may require the Assessor to enter upon such assessment roll any mortgage or lien, or other property, which has not been assessed, and the assessment and equalization so made shall have the same force and effect as if made by the Assessor before the delivery of the assessment roll by him to the Clerk of the Board of Equalization. A quorum of the Board of County Commissioners shall be sufficient to constitute the Board of Equalization, and a majority of the members present shall determine the action of the Board. On the second Monday in October, the Board of County Commissioners shall meet as a Board of Equalization, to equalize the assessment roll, and hear complaints in the excepted cases mentioned in this section. |
κ1866 Statutes of Nevada, Page 171 (CHAPTER 79)κ
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meet as a Board of Equalization, to equalize the assessment roll, and hear complaints in the excepted cases mentioned in this section. Sec. 5. Section sixteen of said Act is hereby amended so as to read as follows: Section Sixteen. During the session, or as soon as possible after the adjournment of the Board of Equalization, its Clerk shall enter upon the assessment roll all the changes and corrections made by the Board, and thereupon deliver the assessment roll, so corrected, to the County Auditor, whose duty it shall be to add up the columns of valuation, and enter the total value of each description of property in the roll, to carry out, in separate columns, on the original assessment roll, the State, county and other taxes, and the totals of all taxes to each person. He shall attach his certificate thereto, and on or before the third Monday in October, he shall deliver the assessment roll, together with the maps or plat book, to the ex officio Tax Receiver. Sec. 6. Section twenty-one of said Act is hereby amended so as to read as follows: Section Twenty-One. On the third Monday in November the ex officio Tax Receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all the property therein assessed, the taxes upon which have not been paid, and shall immediately ascertain the total amount of taxes then delinquent, and file in the office of the Auditor the list of all persons and property then owing taxes, verified by the oath of himself or deputy, which shall be completed by the last Monday in November, and shall be known as the delinquent list. Sec. 7. Section twenty-two of said Act is hereby amended so as to read as follows: Section Twenty-Two. The County Treasurer shall, on Monday in each week, apportion all the money that shall have come into his hands as ex-officio Tax Receiver, during the preceding week, into the several funds, as provided by law, and shall make out a statement, under oath, of the same, and transmit said statement to the Auditor, to be by him filed in his office. On the last Monday in November in each year, the ex officio Tax Receiver shall attend at the office of the County Auditor, with the assessment roll, and the Auditor shall then and there administer to the ex-officio Tax Receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person, and all property, assessed in said roll in [on] which taxes have been paid to him, has the word paid marked opposite the name of such person, or the description of such property, and the Auditor shall then foot up the amount of taxes remaining unpaid, and shall make a final settlement with the ex-officio Tax Receiver, of all taxes charged against him on account of said assessment roll. Within ten days after such final settlement, the Auditor shall transmit, by mail or otherwise, to the Controller of State, a statement, in such form as the Controller of State may require, of all and each particular kind of property delinquent, and the total amount of delinquent taxes. For the services required by this section, the County Auditor and ex-officio Tax Receiver shall receive no fee or compensation whatever. |
Clerk to enter corrections on roll and deliver to Auditor.
Tax Receiver to ascertain the total amount of taxes delinquent.
Duty of Tax Receiver and County Auditor. |
κ1866 Statutes of Nevada, Page 172 (CHAPTER 79)κ
|
When delinquent taxes may be paid.
Form of complaint. |
County Auditor and ex-officio Tax Receiver shall receive no fee or compensation whatever. Sec. 8. Section twenty-four of said Act is hereby amended so as to read as follows: Section Twenty-Four. At any time after the last day of November, and before the institution of suit, as herein provided, any delinquent tax payer may, upon a certificate from the Auditor (giving a description of the property and the taxes due thereon) pay to the ex-officio Tax Receiver the taxes assessed against said delinquent, with ten per centum additional thereon, taking from the ex-officio Tax Receiver duplicate receipts for the amount paid, one of which receipts shall be filed with the County Auditor, and the other with the District or Prosecuting Attorney of the county. After having been served by any person with the duplicate receipt of the ex-officio Tax Receiver, for the total amount of taxes due from such person, or upon a piece of property, with ten per centum additional, the District or Prosecuting Attorney shall not commence the suit authorized by this Act, against such person or property; provided, that if any person shall fail to serve said receipt, such person shall pay all costs that may result from his or her negligence. The additional ten per centum provided for by this section shall be paid into the County Treasury for the use of the county. Sec. 9. Section thirty of said Act is amended so as to read as follows: Section Thirty. The complaint in said action may be as follows, in form: State of Nevada, County of .................. Title of Court. The State of Nevada vs. A B & Co., and the real estate and improvements in (describing them). The State of Nevada by C D, District or Prosecuting Attorney of the County of ........., complains of A B, and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property,) and for cause of action says that between the second Monday in May, and the second Monday in September, A. D. one thousand eight hundred and ............., in the County of .........., in the State of Nevada, E T, then and there being County Assessor of said county, did duly assess, and put down on an assessment roll, all the real and personal property in said county, subject to taxation, and that said assessment roll was afterward submitted to the Board of Equalization of said county, and was by said Board duly equalized, as provided by law; that said A B was then and there the owner of, and that there was duly assessed to him, the above described real estate, improvements upon real estate, and certain personal property, and that upon such property there has been duly levied, for the fiscal year, A. D. 18....., a State tax of ........ ........ dollars, and a County tax of ................ dollars, amounting, in the whole, to .................. dollars, all which is due and unpaid; of which amount ........... ... dollars was duly assessed and levied against the real estate, and .................... dollars against the improvement aforesaid, and ................. dollars against the personal property. Wherefore said plaintiff prays judgment against A B for the sum of .............. dollars (the whole of said tax), and separate judgment against said real estate and improvements for the sum of ............... dollars, |
κ1866 Statutes of Nevada, Page 173 (CHAPTER 79)κ
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improvements for the sum of ............... dollars, (the tax due on real estate, improvements and personal property,) and the ten per cent, damages for non-payment thereof at the time, as required by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and of this action. C D, District or Prosecuting Attorney, County of ..................... If the property be assessed to an unknown owner, then any fictitious name may be inserted to represent such owner as defendant. Sec. 10. Section forty-two of said Act is hereby amended so as to read as follows: Section Forty-Two. The District or Prosecuting Attorney shall be entitled, on each suit for the collection of delinquent taxes, to a fee of five dollars, in a Court of Record, and two and a half dollars in a Justices Court, with five per cent. on the amount delinquent. Said fee and per centage shall be taxed and collected as costs, but in no case to be charged against the county or State. Sec. 11. Section sixty-six of said Act is hereby amended so as to read as follows: Section Sixty-Six. All tavern, hotel or inn keepers, all restaurants, public boarding houses, chop houses or eating stands, and all public lodging houses, shall be divided into three classes, as follows: Those doing business, in the aggregate, to the amount of three thousand dollars, or over, per month, shall constitute the first class; those doing a business to the amount of one thousand dollars, and less than three thousand dollars, per month, shall constitute the second class; those doing business to the amount of less than one thousand dollars, per month, shall constitute the third class. The license for the first class shall be given upon the payment of forty-five dollars per quarter; for the second class, upon the payment of thirty dollars per quarter; and for the third class, upon the payment of fifteen dollars per quarter; provided, that nothing in this section shall require the payment of any license for lodging houses that are kept in connection with eating houses, where the aggregate receipts of such lodging department does not exceed thirty dollars per month. Nothing in this section shall be so construed as to include the right to sell spirituous or malt liquors, and wines, but the same shall be distinct and separate business therefrom, and require separate and exclusive license therefor. Sec. 12. Section seventy-six of said Act is hereby amended so as to read as follows: Section Seventy-Six. The County Auditors of the several counties of this State shall, on the first Monday of each month, transmit a statement to the Controller of State of all State moneys in the respective county treasuries, and from what source derived, and the Treasurers of the respective counties shall at all times hold themselves in readiness to settle and pay all moneys in their hands belonging to the State, whenever required so to do by an order signed by the State Controller and State Treasurer; and the Controller and Treasurer are hereby authorized to draw such orders whenever they deem it proper. |
Fees of District or Prosecuting Attorney.
Hotel license, etc.
Auditors to transmit statement to Controller. |
κ1866 Statutes of Nevada, Page 174 (CHAPTER 79)κ
|
When Treasurers are required to settle with Controller.
Report of Auditor to be transmitted to Controller
Certified statement to be sent to Controller.
Compensation of Assessor.
Compensation of Auditor.
Oath that taxes have been paid on mortgage. |
hereby authorized to draw such orders whenever they deem it proper. The County Treasurers shall, on the second Mondays of June and December of each year, settle in full with the Controller of State, and send, in such manner as he shall designate, to the Treasurer of State, all funds which shall have come into their hands as County Treasurers, for the use and benefit of the State, taking therefor a receipt from the Treasurer of State, which receipt he shall cause to be filed with the Controller. Before making payment, each County Treasurer shall transmit to the Controller of State, by mail or otherwise, a report from the County Auditor, together with a duplicate thereof, stating specially the total amount collected, and the amount due the State from each particular source of revenue, the original of which shall be filed with the Controller of State, who shall enter upon the same, and also upon the duplicate, the cash paid the Treasurer of State, and the amount of expenses allowed. The County Treasurer shall thereafter file the duplicate report with the County Auditor of his county, whereupon the Auditor shall balance the Treasurers account; and it shall be the duty of the Auditor to furnish the County Treasurer with the report which such Treasurer is required to produce in making his settlement with the State. Sec. 13. Section seventy-seven of said Act is hereby amended so as to read as follows: Section Seventy-Seven. Each County Treasurer shall, at the same time of making a settlement, send to the Controller of State the certified statement of the County Auditor, of the amount allowed and paid to the Assessor and the County Auditor for the assessing and collecting State revenues, as prescribed by this Act; and no County Treasurer shall be allowed to make any settlement with the Controller of State, or in any manner release him or his bondsmen from liability for the full amount by him received, unless he send to the Controller the statement required by this section. Sec. 14. Section Eighty-Six of said Act is hereby amended so as to read as follows: Section Eighty-Six. The Assessor and his deputy shall keep a correct account of the number of days they have been employed in assessing property, and shall verify the same, on oath, before the Clerk of the Board of County Commissioners; and if said Board is satisfied of the correctness of the same, they shall allow and order payment to be made at the rate of ten dollars per day. The County Auditor shall receive, for extending the taxes on the assessment roll, an amount to be allowed by the Board of County Commissioners, not to exceed fifteen cents per folio of one hundred words; and in addition he shall receive a monthly salary of one hundred dollars. No county shall be entitled to any per centage for collecting the School Fund moneys. Sec. 15. Section eighty-eight of said Act is hereby amended so as to read as follows: Section Eighty-Eight. Before satisfaction be entered upon any mortgage or lein, or any release of any mortgage or lien (other than mortgages given to secure the purchase money of the property mortgaged) be recorded, or filed for record, in the several County Recorders offices of this State, |
κ1866 Statutes of Nevada, Page 175 (CHAPTER 79)κ
|
several County Recorders offices of this State, the County Recorder shall be satisfied, by affidavit reduced to writing, either taken before him or before any officer authorized to administer oaths, which affidavit may be made by the mortgagee, or person holding such mortgage or lien, or his or their agent or attorney, and which shall be filed in the said County Recorders office. Said affidavit shall substantially set forth the following, according to the circumstances of each case: That all taxes for county and State purposes, due or payable on the money or debts secured by the mortgage or lien, have been paid. For filing such affidavit, the Recorder shall be allowed twenty-five cents, and the officer administering the oath shall be allowed twenty-five cents; and if any person shall knowingly swear falsely in making such affidavit, he shall be deemed guilty of perjury, and punished accordingly. And if any County Recorder shall enter, or permit to be entered, satisfaction of any mortgage or lien, without making an entry of or filing such affidavit, he shall be liable, on his official bond, to pay to the State the sum of five hundred dollars, which may be recovered by an action, which it shall be the duty of the District or Prosecuting Attorney to prosecute; and the District or Prosecuting Attorney shall have for such prosecution twenty-five per centum of the amount recovered, to be collected from the defendant. Sec. 16. Section ninety of said Act is hereby amended so as to read as follows: Section Ninety. There shall be levied and collected a State license tax from each person, firm, company or corporation, his or their agent, engaged or employed in the business of carrying passengers for hire in this State, of one dollar for each passenger conveyed or transported from the State by such person, firm, or company or corporation, his or their agent. Said tax shall be paid to, and collected by, the License Collector of the several counties of this State. Sec. 17. Section ninety-one of said Act is hereby amended so as to read as follows: Section Ninety-One. For the purpose of collecting said tax, every such person, firm, company or corporation, their agent or agents, shall make a statement, under oath, to the License Collector authorized to collect such tax, of the number of passengers so conveyed or transported from the State, by any railroad, stage coach, or other vehicle, owned by him or them, or under his or their management or charge, on the first Monday of each month for the preceding month; and shall pay over to the License Collector the license tax, as provided in this Act, for each passenger so conveyed or transported, which tax shall be paid in the county from which such passenger shall be conveyed or transported. Sec. 18. Section ninety-two of said Act is hereby amended so as to read as follows: Section Ninety-Two. The License Collector as aforesaid shall, upon the first Monday of each month, call upon every such person, firm, corporation or company, or their agent or agents, and demand the statement, and payment to him of the licenses taxes for all passengers booked or conveyed out of this State, from their office or place of business, for the preceding month. |
Capitation tax.
Statement to be made.
License Collector, to demand statement. |
κ1866 Statutes of Nevada, Page 176 (CHAPTER 79)κ
|
When License Collector required to assess and collect.
Proviso.
Blanks to be prepared by Controller. |
Upon the giving of the statement, and the payment of the taxes to the License Collector as aforesaid, he shall give a receipt therefor, specifying the number of passengers conveyed by such person, firm, company or corporation, from that point out of the State, and the amount of license tax paid. Sec. 19. Section ninety-three of said Act is hereby amended so as to read as follows: Section Ninety-Three. The License Collector is hereby authorized and required to demand of such person, firm, company or corporation, or their agent or agents, a statement, under oath, of the full number of passengers transported to, or beyond, the line of the State, during the preceding month, and upon his or their refusal or neglect to comply with such demand, within five days after the same shall have been made, it shall be the duty of the License Collector, as aforesaid, to assess such person, firm, company or corporation, or their agent or agents, such number of passengers as he may deem just, as having been transported during the preceding month; and he shall thereupon immediately proceed to collect the amount due in the same manner as in like cases is provided under the provisions of section fifty, of the Act of which this Act is amendatory, for the collection of poll taxes by the Assessor; provided, that nothing in the foregoing sections of this Act shall be so construed as to prevent the License Collector from exercising a proper discretion where the collection, of the full amount of the tax contemplated in this Act, would work a hardship upon the proprietors of stage lines of a strictly local character. Sec. 20. Section ninety-five of said Act is hereby amended so as to read as follows: Section Ninety-Five. The License Collector, after having deducted the taxes for which property was sold, and the costs of sale, which costs shall be five dollars, shall return the surplus to the owner of the property, or his agent. A delivery of the possession of the property by the License Collector to any purchaser, at any such sale, shall be a sufficient title in the purchaser, without execution of a certificate of purchase thereof by the License Collector. Sec. 21. Section ninety-six of said Act is hereby amended so as to read as follows: Section Ninety-Six. For the purpose of making the statement herein required, the Controller of State shall prepare and cause to be printed blanks of such character and form as he may deem proper. He shall also prepare, and cause to be printed, blank receipts of such character and form as he may deem proper; and said Controller shall transmit to the County Auditor, of the several counties in this State, a sufficient quantity of said blanks. The County Auditor shall, upon demand of the Collector of the license tax, deliver to him as many of such blank statements as he may require, and shall make a memorandum of the number of statements so delivered to said Collector. Upon the first Monday in each month, the License Collector shall file with the County Auditor, the statements made to him, and shall also return to said Auditor all blank statements, so that the number of statements filed and the number of statements returned, shall balance the number of statements first received. |
κ1866 Statutes of Nevada, Page 177 (CHAPTER 79)κ
|
of statements first received. The County Auditor shall thereupon charge the License Collector with the statements returned and filed, so that the account shall show the amount of money collected for said tax. The License Collector shall, on the same day, pay over to the County Treasurer all moneys collected for passenger tax, taking duplicate receipts therefor, one of which he shall immediately file with the County Auditor, and the County Auditor shall credit the License Collector with the amount so expressed in said receipts. The County Auditor shall, upon the same day, make duplicates of all statements filed with him by the License Collector, and transmit the same to the Controller of State. Sec. 22. Section ninety-seven of said Act is hereby amended so as to read as follows: Section Ninety-Seven. The License Collectors of the several counties in the State, shall be ex officio collectors of the passenger tax, as provided in this Act, and shall be entitled to receive and retain five per centum of all moneys paid to them for said tax. Sec. 23. Section one hundred and thirty-nine of said Act is hereby amended so as to read as follows: Section One Hundred and Thirty-Nine. The several County Treasurers, and the State Treasurer, shall sell the stamps required by this Act, to all persons who apply therefor. On any sale of stamps, made at any one time, by said County or State Treasurer, of fifty dollars, and not exceeding one hundred dollars, the purchaser shall be allowed a commission of five percent.; on any sale of one hundred dollars, and not exceeding five hundred dollars, a commission of eight per cent.; and on any sale, at any one time, of any amount over five hundred dollars, a commission of ten per centum. When any sale is made by said County or State Treasurer, on which the commission to the purchaser is allowed, he shall take a receipt from the purchaser, showing the amount and value of said stamps, and the amount of money paid for the same, which receipt shall be presented, on final settlement, to the State Treasurer, who shall give credit for the full amount of such receipt, specifying the amount of per centage allowed to the County Treasurer presenting said receipts. The County Treasurers shall be allowed, to their own use, a commission of three per centum on the amount of all moneys received by them from sale of stamps, under the foregoing provisions of this Act. All moneys arising from the sale of stamps, under the provisions of this Act, after paying the commission allowed herein, shall be placed in the General Fund of the State.
schedule-stamp duties.
Affidavits, five cents. Affidavits in legal proceedings, exempt. Acknowledgments of deeds, exempt. Agreement or appraisement, for each piece of paper on which the same is written, five cents. Assignment or transfer of mortgage, lease, or policy of insurance, the same duty as the original instrument. |
License Collector to pay over to Treasurer.
Collector of passenger tax.
Sale of stamps.
Commission.
Affidavits,
Acknowledgments. Agreement.
Assignment. |
κ1866 Statutes of Nevada, Page 178 (CHAPTER 79)κ
|
Bank checks.
Bills of exchange.
Bills of sale. Bonds.
Certificates. |
Assignments on certificates of shares of stock in any incorporated company, for which a new certificate is issued, exempt. Bank checks, drafts, or orders at sight, or on demand made and payable in the State, two cents. Bills of exchange, drawn in, but payable out of, the State of Nevada, each bill, or set of three or more, must be stamped; for every bill of each set, five cents. Drawn in, but payable out of, the United States (if drawn singly or in duplicates) pay the same duty as inland bills of exchange. The acceptor, acceptors, payee or payees, of any bill of exchange, or order for the payment of any sum of money, drawn out, or purporting to be drawn out, of this State, must, before paying or accepting the same, place thereon a stamp indicating the duty. Any promissory note, whether payable on demand, or any time designated, for a sum not exceeding one hundred dollars, five cents. For every additional one hundred dollars, or fractional part thereof, five cents. (The warrant of attorney, to confess judgment on a note or bond, is exempt from stamp duty, if the note or bond is properly stamped.) Bills of sale of personal property, five cents. Bond, personal, for the payment of money, the same as mortgage. Bonds, official, one dollar. Bond, for indemnifying any person for the payment of any sum of money, when the money ultimately recoverable thereon is one thousand dollars or less, fifty cents. Bond, when the money recoverable exceeds one thousand dollars, for every additional thousand, or fractional part thereof, fifty cents. Bonds, railroad and other corporation bonds and scrip, are subject to stamp duty, same as mortgage. Bonds, of any description, other than such as are required in legal proceedings and such as are not otherwise charged in the schedule, twenty-five cents. Certificates of deposit, sum not exceeding one hundred dollars, two cents. Certificates of deposit, sum not exceeding one hundred dollars, two cents on each one hundred dollars or fractional part thereof. Certificates of stock in incorporated companies, twenty-five cents. Certificates, general, five cents. Certificates of record, on the instrument recorded or entered upon the book, exempt. Certificates of weight, animals, coal, wood or other article (except ores) exempt. The certificates of a qualification, or official character, of a Justice of the Peace, Commissioner of Deeds, or Notary Public, or other officer, five cents. Certificate of search of record, five cents. Certificate that certain papers are on file, five cents. Certificate of assay, five cents. Certificate that certain papers cannot be found, five cents. Certificate of redemption of land sold for taxes, five cents. |
κ1866 Statutes of Nevada, Page 179 (CHAPTER 79)κ
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Certificates of birth or death, exempt. Certificate of marriage, one dollar. Certificate of qualification of school teacher, five cents. Certificates of profit in incorporate company, for a sum not less than ten dollars, and not exceeding fifty dollars, ten cents. Exceeding fifty, and not exceeding one thousand, twenty-five cents. Exceeding one thousand, and for every additional one thousand, or fractional part thereof, twenty-five cents. Certificates of transcript of judgments, or satisfaction of judgments, and of any paper or papers recorded, or on file, five cents. (N. B.-As a general rule, every certificate which has, or may have, a legal value in a court of law or equity, will require a stamp duty of five cents.) Check, draft, or order, for the payment of any sum of money exceeding ten dollars, drawn upon any person, at sight or on demand, two cents. Contract, same as agreement. Contract, brokers, ten cents. Conveyance, deed, instrument, or writing, whereby lands, tenements, or other realty, sold, shall be conveyed, the actual consideration of which does not exceed five hundred dollars, fifty cents. Exceeding five hundred dollars, and not exceeding one thousand dollars, one dollar. For every additional five hundred, or fractional part thereof, in excess of one thousand dollars, fifty cents. Endorsement of a negotiable instrument, exempt. Insurance-(Fire)-When the consideration paid for the insurance, in cash premium notes, does not exceed ten dollars, ten cents. Exceeding ten dollars, and not exceeding fifty, twenty-five cents. Exceeding fifty dollars, fifty cents. Insurance-(Life)-When the amount insured does not exceed one thousand dollars, twenty-five cents. Exceeding one thousand dollars, and not exceeding five thousand, fifty cents. Exceeding five thousand, one dollar. Insurance limited to injury to persons while traveling, exempt. Lease of land or tenements, when rent does not exceed three hundred dollars per month, fifty cents. Lease exceeding three hundred dollars per month, for each additional two hundred dollars, or fractional part thereof, in excess of three hundred dollars, fifty cents. Mortgage, trust deed, bill of sale, or personal bond, for the payment of money exceeding one hundred dollars, and not exceeding five hundred dollars, fifty cents. Exceeding five hundred, for every additional five hundred, or fractional part thereof, in excess of five hundred, fifty cents; but mortgages shall not be stamped; provided, the note for which the mortgage was given to secure has been stamped. Pawners checks, five cents. Powers of attorney, or other written authority to sell or transfer stock, or collect dividends thereon, twenty-five cents. |
Check, draft, or order.
Contract.
Conveyance.
Endorsement.
Insurance.
Lease.
Mortgage.
Proviso.
Pawners check. Powers of Attorney. |
κ1866 Statutes of Nevada, Page 180 (CHAPTER 79)κ
|
Probate of will.
Bonds, executors.
Appointments. Protest. Deposit note.
Quit claim deed.
Receipt.
Satisfaction. Sheriffs returns. Trust deed.
Warehouse receipts.
Summons. |
Powers of attorney to vote at election of incorporated company, ten cents. Powers of attorney to receive or collect rents, twenty-five cents. Powers of attorney to sell or convey, or rent or lease, real estate, one dollar. Powers of attorney for any other purpose, fifty cents. Powers of attorney to receipt for shares of stock in any incorporated company in lieu of shares of stock surrendered, exempt. Probate of wills, or letters of administration, when the value of both real and personal estate does not exceed two thousand dollars, one dollar. For every additional one thousand dollars, or fractional part thereof, in excess of two thousand dollars, fifty cents. Bonds of executors, administrators, guardians and trustees are each subject to a stamp duty of one dollar. Certificates of appointments, five cents. Protest upon bill, note, check or draft, twenty-five cents. Deposit note with insurance companies, when policy is subject to duty, exempt. Renewal of, subject to the same duties as other promissory notes. Quit-claim deeds to be stamped as a conveyance, except when given as a release of a mortgage, by the mortgagee or his assignee or assignors to the mortgagor or successor in interest, in which case it is exempt. Receipt for the payment of money where the amount exceeds twenty dollars, or for the delivery of personal property, two cents. For the satisfaction of any mortgage, or judgment, or decree of any court, exempt. Sheriffs returns on writs or other process, exempt. Trust deed made to secure a debt, to be stamped as a mortgage. Trust deed conveying estate to uses, to be stamped as a conveyance. Warehouse receipts for any goods or merchandise, not otherwise provided for, deposited or stored in any public or private warehouse, not exceeding five hundred dollars in value, ten cents. Exceeding five hundred, and not exceeding one thousand, twenty cents. Exceeding one thousand, for every additional one thousand, or fractional part thereof, in excess of one thousand, ten cents. For any goods, etc., not otherwise provided for, stored or deposited in any public or private warehouse, twenty-five cents.
writs and legal documents.
Summons issued from any court of record, or from any Justice of the Peace court, fifty cents. Where voluntary appearance is made, the complaint or account filed with the Justice shall be stamped the same as summons. |
κ1866 Statutes of Nevada, Page 181 (CHAPTER 79)κ
|
Upon any confession of judgment or cognovit, except in case where the tax for a summons or upon the account has been paid, fifty cents. Notices of appeal to any higher court, fifty cents. Writs or other process in any criminal case, exempt. All papers in tax suits, exempt. Official documents, instruments and papers issued or vised [used] by officers of the State, exempt. |
Notice of appeal. Writs, etc. |
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Chap. LXXX.An Act in relation to the Distribution of the Reports of the Supreme Court of the State of Nevada.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Judges of the Supreme Court of this State are hereby authorized and directed to distribute copies of the volumes of the reports of the decisions of the Supreme Court of this State, by such means of transportation, and such routes, as the said Judges shall deem most convenient, as follows: To each department of the National Government, one copy; to the Library of Congress, two copies; and to each of the States and organized Territories of the Union, two copies. |
Distributions of decisions of Supreme Court. |
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Chap. LXXXI.An Act for the Relief of the Chief of Police of Virginia City.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Aldermen of Virginia City, Storey county, are hereby authorized and directed to audit and allow the claim of George W. Birdsall, Chief of Police of said city, in such sum or sums as may make the monthly salary of said officer, from and after [the] seventeenth of September, eighteen hundred and sixty-five, equal to the amount, per month, said officer received prior to that date, as incumbent of said office. |
Alderman directed to audit claim of Birdsall. |
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κ1866 Statutes of Nevada, Page 182κ
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Auditor required to draw warrant in case of failure to purchase building.
Money to be invested. |
Chap. LXXXII.An Act for the Disposal of the Moneys in the County Building Fund, in the County of Storey, in certain contingencies.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In case the County Commissioners of Storey county shall fail to purchase the building known as the Odd Fellows Building, and now used as a court house in said county, by the fifteenth day of March next, then it is hereby made the duty of the County Auditor of Storey county to immediately thereafter draw his warrant upon the County Building Fund of said county, for the entire amount that may at such time be in said Fund; and the money so drawn shall be, by the County Auditor, forthwith invested in United States seven per cent. bonds; and the money which is now in the County Building Fund, or may come into said Building Fund in future, shall not be appropriated for any other purposes than for the purchase or erection of county buildings. |
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Duty relative to assembling of the Legislature. |
Chap. LXXXIII.An Act to amend an Act entitled An Act concerning the Office of Secretary of State; approved February 14, 1865.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eleven of the Act of which this is amendatory, is hereby amended so as to read as follows: Section Eleven. It shall be the duty of the Secretary of State, previous to the assembling of each Legislature, to contract, on the most reasonable terms possible, for a sufficient supply of fuel, and such other articles, except stationery, as may be necessary for the use of the members, to enable them to transact the public business; and, at the commencement of each session, he shall present to the Legislature a full account of all purchases made by him, with such vouchers as may be in his possession concerning the same. |
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κ1866 Statutes of Nevada, Page 183κ
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Chap. LXXXIV.An Act concerning the Boundaries of the Counties of Nye and Lander.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, by consent of Congress, additional territory shall be added to the State of Nevada, on its eastern or southern border, or both, then, until further provided by law, all such added territory, lying east of Lander county, shall be a part of said Lander county. And all such part of added territory, lying south or east, or both, of Nye county, shall be a part of said Nye county; provided, that if any new county or counties shall be created, or organized, in the eastern or southern part of this State, then any part of such new additional territory lying directly east or south of such new county or counties, shall belong, respectively, to such new county or counties. |
Boundaries, may be added to. |
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Chap. LXXXV.An Act for the Relief of Frank Eastman.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon being presented to the State Board of Examiners a certificate of the Secretary of this State, that Frank Eastman has delivered, at the office of said Secretary of State, six hundred copies of the debates of the Nevada Constitutional Convention, which assembled at Carson City on the fourth of July, one thousand eight hundred and sixty-four, said Board is hereby authorized and directed to allow to said Frank Eastman, or his assigns, the sum of five hundred dollars, payable in gold coin, in addition to the amount which may be coming to said Eastman for the publication and delivery of said Debates, as now provided by the existing contract made therefor with said Eastman. Sec. 2. On the allowance of said amount as aforesaid, the Controller of State shall draw his warrant therefor, and the Treasurer of State shall pay the said warrant, in gold coin, out of any such money as may now be, or may hereafter come, into the State Treasury, and not otherwise specially set apart; and said Treasurer shall set apart a sum of money sufficient to pay and discharge the obligation created on the part of the State under said contract, and the Constitution and laws in relation to such publication now in force. |
Board of Examiners directed to allow $500 to Frank Eastman.
Controller required to draw warrant, etc. |
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κ1866 Statutes of Nevada, Page 184κ
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Treasurer authorized to employ a clerk. |
Chap. LXXXVI.An Act to amend an Act entitled An Act to authorize the State Treasurer to employ a Clerk, and fixing his Compensation, approved March 9, 1865.
[Approved March 1, 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 State Treasurer is hereby authorized to employ a Clerk, whose compensation shall be two hundred dollars per month, payable monthly. |
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Secretary of State empowered to contract for publishing laws, etc., in newspaper.
Two hundred copies be furnished for distribution.
Controller directed to draw warrants. |
Chap. LXXXVII.An Act to provide for the Publication of Laws and Resolutions passed during the Second Session of the Legislature of Nevada.
[Approved March 1, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is hereby instructed and empowered to enter into a contract with the publisher or publishers of one of the daily newspapers published in this State, for the publication, in such newspaper, of such laws and joint and concurrent resolutions as may be passed during the second session of the Legislature of the State of Nevada, as shall, in the judgment of said Secretary, be of such general interest as to require such publication; but in no case shall the amount so contracted exceed the amount of the appropriation made in section five of this Act. Sec. 2. The contract to be made, as provided for in this Act, shall distinctly specify that the publisher or publishers with whom said Secretary may make such contract, shall furnish said Secretary, for distribution among the various State and county officers, two hundred copies of each of such issues, or numbers, of such newspaper as contain said published laws and resolutions. Sec. 3. The State Controller is hereby authorized and directed to draw his warrant or warrants upon the Treasurer of State, in such sums as shall be necessary to enable the Secretary of State to carry out the terms of any contract which may be made in pursuance of the provisions of this Act, from time to time, as the claims therefor may be allowed by the Board of Examiners. |
κ1866 Statutes of Nevada, Page 185 (CHAPTER 87)κ
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Sec. 4. The Secretary of State is hereby required, at the earliest practicable period after receipt of the copies of newspapers as aforesaid, to transmit, by mail or express, one copy of each number of said newspaper containing said laws, to each State, county and township officer in this State. Sec. 5. The sum of one thousand dollars is hereby appropriated, out of any moneys in the Treasury of the State, not otherwise specifically appropriated, to carry out the provisions of this Act. Sec. 6. All Acts and resolutions of the Legislature of the State of Nevada so published in the newspaper which may be selected as aforesaid, shall be received as evidence in the Courts of this State, until bound volumes of the laws passed at this session are issued. |
Officers to be supplied with copies.
Appropriation.
Laws, etc., to be received as evidence. |
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Chap. LXXXVIII.An Act to amend Section Eighty-Three of an Act approved March ninth, one thousand eight hundred and sixty-five, entitled An Act to Provide Revenue for the Support of the Government of the State of Nevada.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The eighty-third section of the Act of which this is amendatory, is hereby amended so as to read as follows: Section Eighty-Three. The Treasures of the several counties of this State shall be allowed the following annual salaries, which shall be in full for their services as Treasurers and ex officio Tax Receivers, and in no case, except as in this Act provided, shall they receive any fees or per centage, to their own use, to wit: The Treasurer of Storey county, $3,000; of Ormsby county, $1,400; of Douglas county, $500; of Esmeralda county, $1,000; of Lyon county, $1,500; of Washoe county, $2,000; of Churchill county, $700; of Nye county, $600; of Lander county, $2,000; of Humboldt county, $500; said salaries to be audited by the Board of County Commissioners, and paid out, at the end of each quarter, out of the Treasurers Salary Fund. Sec. 2. This Act shall have relation to, and be deemed to be in force from the passage of, the original Act. |
Treasurers salaries.
When deemed in force. |
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κ1866 Statutes of Nevada, Page 186κ
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Property exempt from execution. |
Chap. LXXXIX.An Act to revise an Act entitled An Act to amend Section two hundred and nineteen of an Act entitled, An Act to regulate Proceedings in Civil Cases in the Courts of Justice in the Territory of Nevada, approved November 29, 1861, approved March 6, 1865; and to amend Section two hundred and forty-three of an Act entitled An Act to regulate Proceedings in Civil Cases in the Courts of Justice of the Territory of Nevada, approved November 29, 1861.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The first entitled Act is hereby revised so as to read as follows: Section One. The following property shall be exempt from execution, except as herein otherwise specially provided. First-Chairs, tables, desks and stationery to the amount of one hundred dollars, belonging to the judgment debtor. Second-Necessary household, table and kitchen furniture, belonging to the judgment debtor, including stove, stove pipe and stove furniture, wearing apparel, beds, bedding and bedsteads, sewing machines, and provisions actually provided for individual or family use sufficient for one month. Third-The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness; two cows, one cart or wagon, and food for such oxen, horses, cows or mules for one month. Fourth-The tools and implements of a mechanic, necessary to carry on his trade; the implements and tools of assayers, not exceeding the sum of one thousand dollars, and artists, not exceeding the sum of five hundred dollars; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their professions, with the professional library, and the law library of an attorney and counselor, and all private miscellaneous libraries. Fifth-The tent or cabin and furniture, including a table, camp stools, bed and bedding of a miner; also, his rocker, shovels, spades, wheelbarrows, pumps and other instruments used in mining, with provisions necessary for his support for one month. Sixth-Two oxen, or two horses, or two mules and their harness, and one cart or wagon, by the use of which a cartman, teamster or other laborer habitually earns his living, and food for such oxen, horses or mules for one month; and a horse, harness and vehicle used by a physician or surgeon in making his professional visits. Seventh-All fire engines, with the carts, buckets, hose and apparatus thereto appertaining, of any fire company or department, organized under any law of this State. Eighth-All arms and accoutrements required by law to be kept by any person; but no article mentioned in this section shall be exempt from execution issued on a judgment recovered for its price, or upon a mortgage thereon. Ninth-All court houses, jails, public offices and buildings, lots, grounds, and personal property, |
κ1866 Statutes of Nevada, Page 187 (CHAPTER 89)κ
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and personal property, belonging to any county of this State, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings appertaining to the fire department, and the lots and grounds thereunto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use. Tenth-The earnings of the debtor for his personal services at any time within thirty days next preceding the levy of the execution or attachment, as the case may be, when it shall be made to appear by the debtors affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly, or in part, by his labor. Sec. 2. Section two hundred and forty-three 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, one thousand eight hundred and sixty-one, is hereby amended so as to read as follows: Section Two Hundred and Forty-Three. The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. |
Property liable to execution. |
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Chap. XC.An Act to provide for the payment of the outstanding Indebtedness of the town of Gold Hill.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes hereinafter mentioned, the Board of Trustees of the town of Gold Hill are hereby empowered and authorized to levy and collect, annually, upon all the property within said town, made taxable by the laws of the State of Nevada, excepting the proceeds of mines, a further and additional tax than is provided in the charter of said town, of one dollar on each one hundred dollars. Sec. 2. The time and manner of levying and collecting said additional tax shall be as provided by ordinance of said Board. Sec. 3. The revenue arising from said special or additional tax shall be set aside as a Redemption Fund, which shall be used exclusively for the payment of the outstanding indebtedness of said town, in the manner hereinafter provided. Sec. 4. No money shall be paid out of the said Redemption Fund except by order of said Board of Trustees, and in the manner by directed; and it shall be lawful for the said Board of Trustees, from time to time, whenever there shall be a sufficient sum in said Redemption Fund, to give notice, by publication in some newspaper in the county of Storey, that sealed proposals, directed to the President of said Board, will be received for the surrender of town warrants, |
Additional tax authorized.
Time and manner of collecting.
Redemption fund.
Money to be paid out, by order of Trustees. |
κ1866 Statutes of Nevada, Page 188 (CHAPTER 90)κ
|
Proposals for surrender of warrants, etc.
Proposals opened.
Accepted bids.
Lowest bid.
Claims, how purchasable. |
be received for the surrender of town warrants, bonds, or other legal evidences of indebtedness, of said town, or corporate body, known as the inhabitants of the town of Gold Hill, and that such sealed proposals will be received until a day in said notice stated. Sec. 5. After the expiration of the time named in said notice, at a meeting of said Board of Trustees, such sealed proposals shall be opened, and said Board shall accept the lowest bids for the surrender of said warrants, bonds, or other legal evidences of indebtedness, specified in the preceding section. No bid for more than par value shall be so accepted. When any bids are accepted, the Clerk of the Board shall take a description of the warrants, bonds, or other legal evidences 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 the journals of said Board; and such warrants, bonds, or other legal evidences of indebtedness, shall be ordered paid, and the same shall be canceled, by writing, in red ink, across the face of the same, the words: Purchased and redeemed; adding date of redemption and the sum paid for the same; and the said sum shall be paid out of the said Redemption Fund. The bids, specified in this Act, being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants, bonds, or other legal evidences of indebtedness, in par value, for the smallest amount of money. The bids and amounts of warrants, bonds, or other legal evidences of indebtedness, being equal, taking into consideration both principal and interest, and such other equities as may exist in the premises, each shall be accepted pro rata, as nearly as possible. Sec. 6. All legal claims or demands, whatsoever, such as bonds, warrants, interest, coupons, and other legal evidences of indebtedness, of said corporate body, existing or outstanding at the time of the passage of this Act, may be purchasable, as herein provided, from the Redemption Fund of said town. |
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Capital stock not to be reduced, etc. |
Chap. XCI.An Act to amend an Act entitled An Act to provide for the formation of Corporations for certain purposes, approved March 10, 1865.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen is hereby amended so as to read as follows: Section Thirteen. It shall not be lawful for the trustees to make any dividend except from the net profits arising from the business of the corporation; nor to divide, withdraw, nor in any way pay to the stockholders, |
κ1866 Statutes of Nevada, Page 189 (CHAPTER 91)κ
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any way pay to the stockholders, or any of them, any part of the capital stock of the company; nor to reduce the capital stock, unless in the manner prescribed in this Act; and in case of any violation of the provisions of this section, the trustees under whose administration the same may have happened, except those who may have caused their dissent thereto to be entered at large on the minutes of the Board of Trustees at the time, or were not present when the same did happen, shall, in their individual and private capacities, be jointly and severally liable to the corporation, and the creditors thereof, to the full amount so divided, withdrawn, or reduced, or paid out; provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company which shall remain, after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter. |
Proviso. |
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Chap. XCII.An Act to amend an Act entitled An Act in relation to Common Jails, and the Prisoners thereof; approved November 25, 1861.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section Three. The Sheriff shall have the custody of the jail in his county, and of the prisoners therein, and shall keep the same personally, or by his deputy, or by a jailer or jailers, by him appointed for that purpose, for whose acts he shall be responsible, and shall furnish all necessary sustenance, bedding, clothing and fuel, for the prisoners committed to his custody; and the County Commissioners are hereby required to allow him, out of the County Treasury, all necessary costs, charges and expenses thereof. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. It shall be the duty of the Sheriff, either by himself, his deputy, or by one or more of his jailers, to transfer all prisoners from his county to whatever place of imprisonment the sentence of the court may require, at as early a day after said sentence, as practicable; and for that purpose the County Commissioners are hereby required to furnish, out of the County Treasury, all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which shall be added mileage for each officer, at the rate of twenty cents per mile, one way only; and the above provisions shall be applicable in cases where prisoners are taken from prisons to be tried at any courts in other counties. It is hereby made the duty of the County Commissioners to allow, out of the County Treasury, as in other cases provided, a fair and adequate monthly compensation for the services of all jailers, by the Sheriff employed or appointed. |
Sheriff to have custody of jail.
Duty of Sheriff to transfer prisoners |
κ1866 Statutes of Nevada, Page 190 (CHAPTER 92)κ
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Repeal. |
Commissioners to allow, out of the County Treasury, as in other cases provided, a fair and adequate monthly compensation for the services of all jailers, by the Sheriff employed or appointed. Sec. 3. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. |
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Taxes, etc., may be paid in currency, made legal tender. Repeal. To take effect. |
Chap. XCIII.An Act in regard to Currency.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Hereafter all costs, fines, licenses, taxes and salaries may be paid in any currency made, by the laws of the United States, a legal tender. Sec. 2. All Acts, and parts of Acts, inconsistent with this Act, are hereby repealed. Sec. 3. This Act shall take effect on the first day of April, A. D. eighteen hundred and sixty-six. |
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Conditions of franchise. |
Chap. XCIV.An Act to amend an Act entitled An Act authorizing the Construction of a Railroad from Virginia City to the Truckee River, passed March 2, 1865.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate of [and] Assembly, do enact as follows:
Section 1. Section three of the Act of which this is amendatory, is hereby amended so as to read as follows: Section Three. Said persons and their assigns shall, within six months from the passage of this Act, cause to be made the necessary preliminary surveys, and also a locating survey, fixing, as nearly as may be, the exact location of the route of said road, a description of which shall be, at said time, filed in the office of the Secretary of State, and shall, within two years thereafter, complete the grading of a least ten miles of said road, and within three years shall complete the grading of the whole road, between the termini above named, and within four years shall complete the entire road between said points, and place the rolling stock upon the same, and have the same, in all respects, ready for the transportation of freight and passengers from Virginia City to Truckee River and intermediate points. In the event of said persons complying with the conditions above named, and not otherwise, they, and their successors and assigns, |
κ1866 Statutes of Nevada, Page 191 (CHAPTER 94)κ
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cessors and assigns, shall have the privilege of maintaining and operating a railroad between said points for the above named period of fifty years; and during said period no other parallel railroad shall be built westwardly from Virginia City, within one thousand feet of the road said persons between the termini named in this Act. |
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Chap. XCV.An Act Concerning Juries.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The District Judge of the District, and County Assessor, or, in case of absence of the Assessor, then the County Clerk, of the county in which a term of the District Court is, or may be authorized by law to be, held, shall, at least ten days prior to the commencement of said term of Court, and at the court house, publicly and alternately, select the names of two hundred persons, lawfully qualified to serve as jurors, from the assessment roll of such county, provided that number of names are contained on such roll; and the names of the persons selected, after being written on separate slips of paper, shall be deposited in a box to be provided for that purpose; and from the names so deposited, after the same shall have been thoroughly shaken up, the Judge and County Assessor (or County Clerk) aforesaid shall alternately draw the names of twenty-four persons, who shall constitute trial jurors for the next ensuing term of such District Court; provided, that in the first judicial district the Judge, who shall act with the County Assessor (or County Clerk) in selecting and drawing such names, shall be determined by lot; and, provided further, that in said district the names of thirty-six persons shall be drawn to act as trial jurors. Sec. 2. The list of names so drawn, certified to by the Judge and County Assessor (or County Clerk), as drawn by them, shall thereupon be delivered to the Clerk of the District Court, who, upon receipt of the same, shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summons the persons so named as trial jurors for each term of Court; and the Sheriff shall summons such persons at least five days prior to the day fixed by law for the convening of such term of Court. Sec. 3. The venire, as provided in section two of this Act, shall be returned to the Clerk of such District Court by the Sheriff aforesaid, at least two days prior to the day fixed by law for the commencement of such term of Court, and such venire, after its return, shall be subject to the inspection of any officer or attorney of the Court. Sec. 4. The box containing the residue of the names of the jury list as aforesaid, shall, after such drawing, be locked up, and, with the key, deposited with the Clerk of the District Court for such county, and by him safely kept unopened for future use, as further provided in this Act. |
Manner of selecting juries.
Trial jurors, how summoned.
Venire, when returned.
Box to be locked up. |
κ1866 Statutes of Nevada, Page 192 (CHAPTER 95)κ
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Additional trial jurors, how selected
Proviso.
When trial jurors may be selected from the body of the county.
Other names may be selected and drawn. Proviso.
Grand Jurors, how selected.
New jury or additional jurors, how selected. |
and, with the key, deposited with the Clerk of the District Court for such county, and by him safely kept unopened for future use, as further provided in this Act. Sec. 5. When, at any time during a term of the District Court, it shall become necessary to summon other jurors than as hereinbefore provided for, the Clerk shall, in open Court, under the direction of the Judge thereof, draw from such box, after the same shall have been thoroughly shaken up, a sufficient number of names, to constitute additional trial jurors during such term of Court; provided, that in case any such juror so drawn reside at a great distance from the Court, the Court may, in its discretion, dispense with summoning such juror, and order another name to be drawn in his stead; and the Clerk shall issue a venire, directed to the Sheriff, commanding him forthwith to summon such person as trial juror; and the Sheriff shall forthwith proceed to summon the same as such trial juror, and with all possible diligence make return of his proceedings thereon. Sec. 6. When, at any term of the District Court, for want of an assessment roll, or sufficient time in which to select and draw the list of jurors, as heretofore provided in this Act, or from any cause which may appear satisfactory to such District Judge, such list has not been selected or drawn, or the Sheriff has not summoned such jurors, or the names selected as jurors placed in such box have been exhausted, it shall be lawful for such District Judge and County Assessor (or County Clerk) to select alternately, from the body of the county, the names of a sufficient number of persons, lawfully qualified to serve as trial jurors-such number not exceeding the number mentioned in section one of this Act-and deposit such names in a box; and at any time during the term of the Court, when a jury shall be required, names of persons shall, after such box shall have been thoroughly shaken up, be drawn therefrom by the Clerk, in open Court, as provided in section five of this Act; and from time to time other names may be selected and placed in such box, and drawn therefrom, as hereinbefore provided, and summoned as trial jurors; provided, that in the selection of such names, the name of no person among the bystanders at such Court shall be selected. Sec. 7. It shall be the duty of the District Judge, and any one of the County Commissioners of the county, at least ten days prior to the assembling of a Court, authorized by law, to inquire into public offenses, by the intervention of a grand jury, to select the names of twenty-four persons, qualified by law, to serve as jurors; and upon a venire being issued by the Clerk of such Court, the Sheriff shall, at least two days prior to the meeting of the Court, summons said persons to appear on such day, between the first and fifth day of the succeeding term, as the Judge shall direct, and from such panel the Court shall select seventeen persons, who shall constitute such grand jury. Sec. 8. When, from any cause, on the meeting of, or during the term of a Court authorized by law to inquire into public offenses, by the intervention of a grand jury, and a grand jury is wanted, and there is not a sufficient number of jurors present to constitute a grand jury, |
κ1866 Statutes of Nevada, Page 193 (CHAPTER 95)κ
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ent to constitute a grand jury, or none has been summoned, or those summoned have been discharged, a sufficient number to complete such grand jury, or constitute a new grand jury, as the case may be, shall be selected and summoned in the same manner as is provided in section six of this Act, for the selection of trial jurors. Sec. 9. At any time during the session of a term of the District Court, the Court may, in its discretion, temporarily release from attendance any or all of the grand or trial jurors, summoned to attend at such session of the Court; and during the time such jurors may be so released from attendance, they shall not be entitled to any compensation for jury service. Sec. 10. Any person who is a qualified voter and tax payer, and who shall not have been convicted of treason, felony, or other infamous crime, shall be qualified to serve as a grand or trial juror; provided, that any person who is qualified to become a registered voter shall not be deemed disqualified to serve as a juror, by reason of non-registration. Sec. 11. The following named persons shall be exempted from serving as grand or trial jurors, viz: All priests, and ministers of the gospel, attorneys, law reporters, practicing physicians, druggists and apothecaries, editors, all regularly enrolled firemen, in active service, and all State, county, township, town and municipal officers; provided, that no fireman, when summoned to act on any jury, shall be excused from serving as such juror until he shall have been sworn by the Judge, as follows: I, ........ ............... , do solemnly swear (or affirm), that I am a regularly enrolled fireman, in active service in the fire department of (here state the city, town or ward of the fire department of which such fireman claims to be an enrolled and active member), and that I am constant and active in the discharge of all the duties that devolve upon me, as a member of such fire department. So help me God, (if an oath); under the pains and penalties of perjury, (if an affirmation). Sec. 12. Any person summoned, as provided in this Act, to serve as a juror, who shall fail to attend and serve as such juror, unless excused by the Court, shall be fined in any sum not exceeding five hundred dollars, in the discretion of the Court, and be imprisoned in the county jail until such fine be paid. Sec. 13. An Act passed by the Legislative Assembly of the Territory of Nevada, entitled, An Act concerning juries, approved November twenty-ninth, one thousand eight hundred and sixty-one; also, an Act passed by the Legislature of the State of Nevada, entitled, An Act concerning juries, approved February eighth, one thousand eight hundred and sixty-five; also, an Act entitled, An Act to amend an Act entitled an Act concerning juries, approved February eighth, one thousand eight hundred and sixty-five, approved March ninth, one thousand eight hundred and sixty-five, are hereby repealed. |
Court may release jurors.
Penalty for failure to serve.
Who exempt from serving.
Proviso.
Punishment for failure to serve.
Acts repealed. |
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κ1866 Statutes of Nevada, Page 194κ
|
Treasurer authorized to sell school land warrants.
Payments.
Treasurer to notify Surveyor-General.
Warrant to be delivered to purchaser.
When person entitled to exclusive privilege to enter. |
Chap. XCVI.An Act to amend an Act entitled An Act to Provide for the Disposition of the Sixteenth and Thirty-Sixth Sections of the Public Lands donated by the United States Government to the State of Nevada, approved February 27, 1865.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of an Act approved February twenty-seventh, one thousand eight hundred and sixty-five, entitled An Act to provide for the disposition of the sixteenth and thirty-sixth sections of the public lands donated by the United States Government to the State of Nevada, is hereby amended so as to read as follows: Section Two. The State Treasurer is hereby authorized and required, on application to him therefor, to sell said school land warrants for the sum of two dollars and fifty cents per acre, payable at the time of purchase, except when it shall be shown by two competent, credible and disinterested witnesses, that said land is more valuable for agricultural purposes than for any other purpose; then, upon application of the purchaser, he shall sell said land for said amount, payable as follows, to wit: one fifth of the amount to be paid at the date of the purchase and proof, the balance in four equal annual payments, with ten per cent. per annum interest, payable in advance on the whole amount due, and he shall make and enter into a written contract with the person or persons applying to purchase said school land, in which it shall be distinctly expressed, that upon a failure to pay the principal and interest thereon, as stipulated, the said land shall immediately revert to the State, and be subject to sale to other parties who may desire to purchase the same; and it shall be the duty of the State Treasurer to notify the Surveyor-General that such application proof and payment have been made, describing the land and giving the name of the purchaser, and it shall be the duty of the Surveyor-General, on receipt of said notice from the Treasurer, to make an entry of the same in a book kept for that purpose; and when full payment is made at or before the expiration of the time above specified, the Treasurer shall deliver to the purchaser the warrant therefor; and the State Treasurer is hereby required to convert all money thus received from the sale of said sections into a fund, which shall be known as the State School Fund. Sec. 3. [2.] Section five of said Act is hereby amended so as to read as follows: Section Five. Any person having complied with the possessory laws of this State shall have the exclusive privilege of entering any portion of the sixteenth or thirty-sixth sections, under the provisions of this Act, on which he may have a bona fide claim, at any time within sixth [six] months from the date of the reception of the plat of the township at the United States land office for the district in which said land is situate, and no longer. |
κ1866 Statutes of Nevada, Page 195 (CHAPTER 96)κ
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and no longer. Any person applying to purchase said land, at any time before the expiration of said time, shall produce proof to the Treasurer that there is no other bona fide claimant to said land; and when two or more persons apply to purchase the same piece of land it shall be the duty of the said Treasurer to notify the Board of State Land Commissioners thereof; and it shall be the duty of said Board to appoint some person to take such evidence, at the expense of the claimants, as each may offer in support of his or her claim, and reduce the same to writing, and make due return thereof to the Board. The Board shall have authority to decide the case, and to permit the parties to enter such portion of the lands as they may decide, or permit a joint entry; and they shall notify the Treasurer and Surveyor-General of their decision, and to permit entries in accordance therewith. Sec. 4. [3.] The Superintendent of Public Instruction is hereby required to obtain a certified list of the portions of the sixteenth and thirty-sixth sections, from the township plats on file in the United States district land office, from the Register and Receiver, that have not been entered under the provisions of the pre-emption laws of the United States, and to report the same to the Surveyor-General, who shall make an entry of the same; and the Superintendent shall report to the Board of State Land Commissioners the amount so claimed or entered. And it shall be the duty of the Superintendent to select from the public lands of the United States a like quantity of land so entered-who shall receive therefor, from the General Fund, the sum of ten cents per acre-and to which a bona fide claim may not have attached under the United States laws, and to obtain patents therefor from the United States. And when either of said lists are so selected, it shall be the duty of the Superintendent to audit and certify to the Controller the fees of the United States Register and Receiver at the district land office, at the rate of two dollars each for each selection of one hundred and sixty acres or less, in conformity with the Acts of Congress in relation thereto; and the Controller, thereupon, shall draw his warrants for the same, and the Treasurer shall pay the same out of the General Fund of the State. |
Duty of Treasurer when two or more persons claim the same land.
Duty of Superintendent of public instruction. |
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Chap. XCVII.An Act for the Relief of John F. Stone.
[Approved March 3, 1866.]
Whereas, John F. Stone, of Washoe county, on the sixth day of August, eighteen hundred and sixty-five, purchased from the proper authorities of this State a certain school land warrant, being number nine, and for forty acres, paying to the State therefor the sum of two hundred dollars in gold coin; and, whereas, the same was intended by said Stone for location upon two certain fractional lots, in the aggregate amounting to about thirty-four acres of land, which the said Stone supposed to be vacant, and was informed by the land officers was vacant, but, as was subsequently ascertained, one of said lots had been previously entered by other parties; now, therefore, in view of the premises, and that justice may be done, |
Preamble |
κ1866 Statutes of Nevada, Page 196 (CHAPTER 97)κ
|
Controller directed to draw warrant.
Treasurer directed to draw warrant. |
supposed to be vacant, and was informed by the land officers was vacant, but, as was subsequently ascertained, one of said lots had been previously entered by other parties; now, therefore, in view of the premises, and that justice may be done,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby authorized and directed to draw his warrant on the State Treasury, in favor of the said John F. Stone, for the sum of one hundred dollars. Sec. 2. The State Treasurer is hereby directed to pay said warrant out of any moneys now in, or hereafter to come into, the General Fund. |
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Property, how condemned for mining purposes. |
Chap. XCVIII.An Act to provide for the Condemnation of Real Estate and other Property required for Mining Purposes.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any real estate, or other property, in this State is, or becomes, necessary for the convenient and successful working of a mining claim, and the person or persons owning, or possessed of the same, refuse to sell or convey the same to any person, mining company or corporation, needing the same for mining purposes, at such valuation or price as such person, company or corporation may deem reasonable and just, said person, mining company or corporation [shall] select one appraiser, and said owner or owners shall select one; provided, that if the owner or owners of such property, as aforesaid, shall refuse or fail to appoint or select an appraiser, as provided for in this section, it shall be the duty of the District Court to appoint such appraiser, and the two so selected shall select a third, and the three shall appraise the real estate or property sought to be appropriated, after having been first sworn before some officer entitled to administer oaths, to make a true appraisement thereof to the best of their knowledge and ability. Within five days after the report of said appraisers, notice of which shall be given to both parties, the person or persons owning the property shall deliver to the person, company or corporation requiring said property, a good and sufficient deed or conveyance of the premises, upon the payment of the amount named in the report of the appraisers, and upon such person or persons failing so to do, it shall be lawful for the person, company or corporation requiring said property, as aforesaid, to petition the District Court, of the Judicial District within which said real estate or other property is situated, for a condemnation and sale of the same to such person, mining company or corporation. |
κ1866 Statutes of Nevada, Page 197 (CHAPTER 98)κ
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Sec. 2. Said petition shall set forth, amongst other things, that said real estate or property, particularly describing the same, is needed by said person, mining company or corporation, for the convenient and successful working of his, or their, or its mining claim or ground, owned or possessed by said person, company or corporation; or, for the erection of buildings, roads or works, to be used in working the same, the fair valuation of such real estate, or other property, so needed and sought to be condemned; that petitioner has tendered the amount of its value to the defendant, or defendants, their agents, or other legal representatives, before the commencement of the action, or caused it to be done, that the defendant or defendants, their agents or legal representatives, have refused to accept the sum so tendered; and shall conclude with a prayer, that the defendant or defendants be summoned to appear in the action, and show cause, if any can be shown, why the said property should not be by the Court condemned, and he or they, said defendants, be compelled to convey and deliver a deed of the same to said petitioner or petitioners. Sec. 3. At the time of the commencement of the action, the petitioner or petitioners shall pay, or cause to be paid, to the Clerk of said District Court, the sum or amount of money so tendered to the defendant or defendants, before the commencement of the action, and the same shall remain in the custody of the Clerk for, and on behalf of, the defendant or defendants in said action, and subject to his or their acceptance until the said cause is tried and determined. Sec. 4. Upon the trial of the cause, either party shall be entitled, if demanded, to a trial by jury, as in civil cases at law; and if, upon the trial, it shall be made satisfactorily to appear that said real estate or other property is necessary for the convenient and successful working of the mining claim or ground mentioned in the petition, in order to entitle the plaintiff or plaintiffs in said action to recover; and if said fact satisfactorily appear from the evidence, said Court (if the same is tried without the intervention of a jury), or the jury before whom said cause is tried, shall proceed in the same action to assess and determine the value of said real estate or other property at the time of the institution of said action; and upon the payment of said sum or amount of money by the petitioner to the defendant or defendants in said action, or to the Clerk of said Court, for his or their use, said petitioner or petitioners shall be entitled to have and recover a judgment and decree of said Court in its, his, or their favor, condemning said real estate or other property to his, its, or their, own sole use and possession, and shall direct and decree that the defendant or defendants, or in their stead, as [a] Commissioner (to be appointed for such purpose by the Court), proceed to make, execute, acknowledge and deliver to the plaintiff or plaintiffs is said action a deed of conveyance thereof. Sec. 5. Costs in said action, except the costs of making, executing and delivering the deed of conveyance, shall abide the event of the suit, as in other cases; provided, however, that in case the value of the land, or other property so condemned, shall not exceed the sum shown to have been originally tendered therefor, the defendant or defendants shall be liable for the costs of said action. |
Petition, what to set forth.
Petitioner to pay to clerk amount tendered to defendant.
Parties entitled to trial by jury
When Plaintiff entitled to recover.
Costs to abide event of action. |
κ1866 Statutes of Nevada, Page 198 (CHAPTER 98)κ
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Proviso. Practice, how governed. |
dered therefor, the defendant or defendants shall be liable for the costs of said action. Sec. 6. The practice in actions brought under this Act shall be governed by the same rules as other civil actions at law, except as is otherwise provided in this Act. |
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Corporations how formed.
Articles of association.
Powers. |
Chap. XCIX.An Act to regulate Rafting and Running Timber and Wood on the Rivers in the State of Nevada.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That any number of persons, not less than five, may be formed into a corporation for the purpose of running, driving, booming and rafting logs, timber, lumber and wood, on any of the streams or water within this State, by complying with the following requirements: Notice shall be given in at least one newspaper printed in the county, or in some one of the counties, in which said stream or water may be; and if there be no newspaper printed in such county or counties, then such notice shall be printed in some newspaper, in some adjoining county, having circulation in said county or counties, of the time and place where all persons desirous of forming such corporation may meet and subscribe articles of association, adopt by-laws, and elect directors of such corporation; in which articles of association shall [be] set forth the name of the corporation, the number of years the same is to be continued, which shall not exceed thirty years from the date of said articles; the number and names of the directors who shall manage the concerns of the corporation for the first year, and who shall hold their offices until others are elected; the stream or waters upon which the business of said corporation is intended to be done, and the place within this State where the business office of said corporation shall be kept. Sec. 2. Each subscriber to such articles of association shall subscribe thereto his name and place of residence. The articles of association shall be filed in the office of the Secretary of State; and thereupon the persons who have so subscribed and all persons who shall, from time to time, associate themselves with them, shall be a body corporate, by the name specified in such articles; and, as such, shall be capable of suing, and being sued, in all courts, and in all manner of actions; and may have a common seal, and shall have power: First-To acquire and hold, by purchase, gift, grant, lease, or otherwise, any lands, tenements, hereditaments and appurtenances, for the erection of mills, offices, houses, or other buildings, necessary and proper for carrying on the business of said corporation. Second-To elect, from the members of the corporation a Board of Directors, |
κ1866 Statutes of Nevada, Page 199 (CHAPTER 99)κ
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poration a Board of Directors, to consist of not less than three nor more than seven, who, after the first year, shall be elected annually, at such time and place, and in pursuance of such notice (not less than thirty days,) as may be prescribed by the by-laws of the corporation. Said Board of Directors shall hold their office for one year, and until their successors shall have been elected. A copy of any articles of association, filed in pursuance of the power hereby granted, with a copy of an affidavit, made and attested by two Directors, named therein, setting forth that all prior proceedings of said corporation had been in strict conformity with all the provisions of this Act, endorsed thereon or annexed thereto, and certified by the Secretary of State to be a true copy of the whole of such articles of association, and of such affidavit, shall be, in all courts and places, presumptive evidence of the incorporation of such association, and the facts therein stated. Third-To appoint all agents and attorneys needful and proper in the prosecution of the business or affairs of the corporation, and fix their compensation. Fourth-To assess and collect all rates, dues and sums of money, from the members of said corporation, by demand, suit, or otherwise, in any place or court of proper jurisdiction, according to law, the provisions of the articles of association, by-laws and regulations of said corporation, or of the Board of Directors thereof. Fifth-To make and construct all proper and necessary rollways, booms, piers, and other constructions, along said stream or water, for running, driving, booming or securing said logs, timber, lumber and wood; provided, that no such rollway, boom or pier, or other construction, shall interrupt or hinder the free use and navigation upon such streams or waters; and, provided further, that nothing contained in this Act shall authorize any corporation formed under the same to injure, or in anywise interfere with, and dams, ditches or flumes that are constructed, or may be hereafter constructed, for milling or farming purposes; provided, that all dams hereafter constructed shall, whenever the same is required by any corporation hereafter formed under this Act, provide suitable and necessary chutes and aprons, for the purpose of passing over or through said dams, logs or other timbers; and, provided further, that the rights of those owning lands upon such streams and rivers shall not be interfered with or infringed upon. Sixth-To collect and remove from all islands and lowlands any logs, timber, lumber or wood, belonging to such corporation, that may be carried out by the waters of overflow, or the over flowage of the banks of such stream or water, and drifted or lodged upon any such island or lowland, and return the same to the main channel of the river. Seventh-If any person shall put, or cause to be put, into such stream or waters any logs, timber or wood, and shall not make adequate provisions and put on sufficient force for breaking jams, or for running, driving, booming, rafting, securing or clearing the banks of the same, and thereby obstruct the float-age or navigation, then such corporation shall have power to remove from such stream or waters all such obstacles of every character, including jams of logs, timber, lumber and wood, to run, drive, boom, raft, secure and clear the banks of the same, |
Same.
Proviso.
Not to interfere with dams, etc.
Proviso.
Not to interfere with rights of land owners. |
κ1866 Statutes of Nevada, Page 200 (CHAPTER 99)κ
|
Lein.
Notice.
Proviso.
Public or individuals not to be deprived of natural rights.
Damages to ranches, etc.
Proviso.
May have a lien. |
same, at the proper charge and expense of the person or persons owning said logs, timber, lumber or wood, proportionate to the number, quantity and the expense of running and securing the same, and said corporation shall have a lien thereon, and may sell a sufficient quantity thereof, at public vendue or auction, on not less than thirty days notice, either personally served upon such owner, or posted in three or more conspicuous places in the county where such property is held, boomed or secured. In all such cases such notice shall be posted in the office of the corporation, and such notice shall set out: First-The mark, description and supposed ownership of such property; and, Second-The amount of the charges for which the same is to be sold, together with the expense of such sale. At all such sales, logs, timber and lumber shall be rated and sold by the one thousand feet, board measure, and wood by the cord, as laid down by Scribners rule; provided, that nothing in this Act contained shall be construed to prevent or hinder any person or persons from running, driving, booming or rafting their own logs, timber, lumber or wood at such time and in such manner as their interests may require; and, provided, that no person owning, running, driving, booming or rafting logs, timber, lumber or wood in or upon such stream or waters shall leave the same in such a situation as to obstruct the float-age, or navigation, or clearing of the banks of such stream or waters, or in any manner thereby deprive individuals, or the public, of their natural rights, except when logs, timber, wood or lumber shall have been secured in a boom at the place where the same is to be taken out of the river, then any party or parties, company or corporation, coming after, shall drive through said logs, timber, wood or lumber, so boomed, at their own expense; and when the drives of two or more parties have been mixed, then the party or parties desiring to drive further down, shall part out their own logs, timber, wood or lumber, and take the same through said booms at their own expense; provided, any damage to ranches, bridges, dams or other property, on any river or stream, by the parties using the same in floating logs or timber, or otherwise, shall be appraised by three appraisers, one to be chosen by the party injured, one by the Superintendent of the incorporation, or other party complained of, the other by the two so chosen. The decision of the said appraisers shall be final and binding on both parties, and the damage so determined shall be promptly paid; and if the damages, so appraised, are not paid within one month after the same are appraised, then the party liable shall be liable in double the amount of damages so appraised, and the court shall give judgment, in case of suit, for such double damages; provided, that any person owning logs, timber, lumber or wood, intended to be run or driven upon such stream or waters, or interested in running, driving, booming or rafting the same, may become a member of such corporation, upon application, by signing the articles of association of such corporation, and paying his proportion of the expenses of establishing, maintaining and conducting its affairs. Sec. 3. Said corporation shall have a lien on all logs, timber or wood, run, driven, boomed, rafted, cleared from the banks, |
κ1866 Statutes of Nevada, Page 201 (CHAPTER 99)κ
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banks, or secured by such corporation, whether of its members, or other persons, whose logs, timber, lumber or wood have been run, driven, boomed, rafted, cleared from the banks, or secured by virtue of any contract, to that purpose, by and between such persons and such corporation, and may sell the same on not less than thirty days notice, made and published in like manner, and to like effect as provided for in the preceding section, unless otherwise provided by contract. Sec. 4. Such corporation shall keep posted, in some conspicuous place in their office, a list of the names, with place of residence of all the members thereof, and of all persons whose logs, timber, lumber or wood they have contracted to run, drive, boom, raft, clear from the banks, or secure, with a description of each mark intended to be used upon such logs, timber, lumber or wood, so far as the same may be known; and if any person owing, [owning] or interested in the running and securing of any logs, timber, lumber or wood, on such stream or waters, shall furnish to the Secretary of such corporation a like list of the name, residence, and mark, or marks, of such person or persons, the Secretary shall post the same in like manner as hereinbefore provided; and every such person shall be entitled to ten days notice in all cases provided for in section two, specification seventh, to be given in the same manner as therein provided, and such person or persons owning or interested in the running and securing, as aforesaid, any logs, timber, lumber or wood, on such stream or waters, shall, before floating the same, cause to be filed in the office of the corporation, and filed and recorded in the office of the Clerk of the county in which the office of such corporation may be kept, his or their name, residence, and place of business, and private mark to be used by such person or persons, which mark shall differ palpably and materially in form, figure and design, from any mark previously so placed on file as aforesaid, and shall thereafter stamp, impress or hack the same on all timber, lumber or wood belonging to him or them; provided, that any person intending or desiring to raft or drive any limb, or small wood, shall not be compelled to mark the same before putting it in the river, but shall have the same measured by some competent person, who shall make oath, before some Justice of the Peace, or other officer authorized to administer oaths, that he has measured said wood, stating the number of cords thereof, and thereupon the Justice of the Peace, or other officer administering the oath, shall issue to the party or parties, a certificate stating the name or names of the owner or owners, the number of cords of wood, the place where, and the time when, the same was put into the river. Said certificate shall be prima facie evidence of the facts therein stated. When the wood shall have been driven or rafted down to its destination, then a division shall be made on the basis of the certificates held by each of the parties or owners, and each owner or holder of such certificate shall receive his pro rata, or share, and shall sustain his pro rata, or share, of loss on all the wood sunk or lost while being driven. Sec. 5. Whoever shall unlawfully cut out, alter or destroy any marks of the owner, made or impressed thereon, or who shall convert to his own use, |
Names of members to be posted, etc.
Name and mark to be filed and recorded.
Proviso. |
κ1866 Statutes of Nevada, Page 202 (CHAPTER 99)κ
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Punishment for altering mark, etc.
Directors to elect certain officers and fill vacancies
Books and records to be open to inspection.
Right reserved. |
shall convert to his own use, without the consent of the owner, any logs, timber, lumber or wood, in this State, shall forfeit, for the benefit of the School Fund, a sum not exceeding twenty-five dollars for each log, piece of lumber, timber or wood, the mark on which he shall have so altered, cut out, defaced or destroyed, or which he shall have so converted to his own use aforesaid, and shall be liable to the party injured in treble damages, the aforesaid forfeiture to be the basis or form the data from which to assess damages, such damages to be recovered before any court of competent jurisdiction; and such person shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months. Sec. 6. The Board of Directors, hereinbefore provided for, may elect from their number a President, and appoint a Treasurer and Secretary, who shall give such bonds as the Board of Directors may require; and in case any vacancy shall occur in said Board, the remaining Directors may elect any member of said corporation to fill such vacancy, as Director, for the unexpired term, and until their successors are elected; and in case said annual election of Directors, from any cause, shall not be held at the time appointed, it shall be lawful to hold the same at any time thereafter, upon giving the notice hereinbefore provided. Sec. 7. The books and records of the corporation shall be open to inspection by the members of the corporation, and such reports and statements shall be made and published from time to time as they may, by their by-laws, required [require]. Sec. 8. The right is hereby reserved to the Legislature of this State to alter, amend or repeal this Act, at any time when the same may be deemed expedient. |
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Manner of constructing and maintaining a ditch or flume. |
Chap. C.An Act to allow any person or persons to divert the Waters of any River or Stream, and run the same through any Ditch or Flume, and to provide for the Right of Way through the Lands of others.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons desiring to construct and maintain a ditch or flume, within any one or more of the counties of this State, shall make, sign and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate, specifying: First-The name by which the ditch or flume shall be known; and, Second-The names of the places which shall constitute the termini of said ditch or flume. Such certificate shall be accompanied with a plat of the proposed ditch or flume, and shall be recorded in the office of the County Recorder of the county or counties within or through which such ditch or flume is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. |
κ1866 Statutes of Nevada, Page 203 (CHAPTER 100)κ
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Recorder of the county or counties within or through which such ditch or flume is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such ditch or flume shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed. Sec. 2. Any person or persons proposing to construct a ditch or flume, under the provisions of this Act, shall have the right to enter upon private lands for the purpose of examining and surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor, as follows: Said person or persons shall select one appraiser, and said owner or owners 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 entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such lands, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; 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 lands so appraised shall be situated, at any time within ten days after such appraisement. Sec. 3. Nothing in this Act contained shall be so construed as to interfere with any prior or existing claim or right. Sec. 4. This Act shall apply, and the rights and privileges herein conferred shall inure, to the benefit of all persons or corporations who have heretofore constructed, and now maintain, ditches, flumes or aqueducts in this State, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in section one of this Act, and upon such filing, the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in section second of this Act. |
Right to enter upon private lands, etc.
Compensation, how made.
Proviso.
Appeal.
Act, not to interfere with prior right. Act, to apply to ditches and flumes already constructed. |
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κ1866 Statutes of Nevada, Page 204κ
|
Governor authorized to appoint Commissioner.
Appropriation for collection of specimens. |
Chap. CI.An Act to authorize the appointment of a Commissioner to represent the State of Nevada at the Worlds Fair, to be held in the city of Paris, in the year A. D. 1867.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor of the State of Nevada is hereby authorized and empowered to appoint a Commissioner to represent the State of Nevada, without cost, except as hereinafter provided, to represent the State of Nevada at the Worlds Fair, to be held in the city of Paris, France, in the year A. D. 1867. Sec. 2. The sum of two hundred and fifty dollars is hereby appropriated out of the moneys in the Treasury, not otherwise appropriated, for the purposes herein set forth; and the Controller of State is hereby authorized, and required, to draw his warrant on the Treasurer for the said sum of two hundred and fifty dollars, to be expended in the collection of specimens and the forwarding of the same to Paris. |
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Power to purchase and hold mining property.
How exercised. |
Chap. CII.An Act concerning the powers of Corporations.
[Approved March 3, 1866.]
The People of the State of Nevada, represent [represented] in Senate and Assembly, do enact as follows:
Section 1. All corporations for the purpose of mining, formed, or which may hereafter be formed, under the laws of the State of Nevada, or which were formed under the laws of the Territory of Nevada, shall have power to purchase and hold such mining property as they may deem meet. Sec. 2. The power to make such purchases by any corporation shall be exercised only by a majority, in interest, of all the stockholders in any such corporation, or by such person or persons as may, by such majority, be duly appointed to act in their stead. |
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κ1866 Statutes of Nevada, Page 205κ
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Chap. CIII.An Act supplementary to and amendatory of an Act entitled An Act to provide for the payment of the outstanding Indebtedness of Virginia City, Storey county, approved January 27, 1865.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Fifty per cent. of the Redemption Fund, provided for in the Act to which this is supplementary, shall be set apart and used exclusively for the redemption of city warrants, bonds, or other legal evidence of city indebtedness, bearing interest at the rate of two per cent. per month, or upwards; and in considering bids, under the provisions of this supplementary Act, the Board of Common Council (or Aldermen,) shall, in their discretion, decide which bid or bids are most advantageous, according to the rate of interest which the city warrants, bonds, or other legal evidence of city indebtedness, offered for redemption at any one time, respectively bear, and they shall accept the bid or bids which are, in their judgment, most advantageous; provided, that said bids shall in no case exceed par value, including interest thereon. |
Fifty per cent. of the Redemption fund set apart.
Accept the most advantageous bid. |
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Chap. CIV.An Act in relation to the Salary of Governor, and Lieutenant Governor, as ex officio Warden of the State Prison.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Salary of the Governor of the State of Nevada from and after the first day of January, A. D. eighteen hundred and sixty-seven, shall be six thousand dollars per annum, payable quarterly. The salary of the Lieutenant-Governor shall be three thousand dollars, payable monthly, as compensation as Warden of the State Prison. |
Salary of Governor and Lieut. Governor. |
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κ1866 Statutes of Nevada, Page 206κ
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Ex officio Adjutant-General, etc |
Chap. CV.An Act to amend an Act entitled An Act to provide for Organizing and Disciplining the Militia of this State, approved March 4, 1865.
[Approved March 3, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of An Act to provide for organizing and disciplining the militia of this State, is amended so as to read as follows: Section Two. The Secretary of State shall be ex officio Adjutant-General, Commissary-General, Quarter-Master-General, Inspector-General and Chief of Ordnance. Sec. 2. This Act shall take effect and be in force from and after the first day of January, one thousand eight hundred and sixty-seven. |
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Mining school to be established.
Mineralogist to be appointed.
Compensation to be fixed. |
Chap. CVI.An Act to provide for Establishing and Maintaining a Mining School, and create the office of State Mineralogist.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be established a mining school, which shall be a nucleus of the State University and a part thereof, as provided in the Constitution of this State, and shall be under the control of the Board of Regents of the same, consisting of the Governor, Secretary of State and Superintendent of Public Instruction, and their successors. Sec. 2. The Board of Regents shall, within twenty days after the passage of this Act, appoint a State Mineralogist, who shall be superintendent of said school, and he shall appoint such assistants as may be allowed by the Board of Regents. He shall hold his office during the term of office of the Board by whom he is appointed, and his assistants shall hold their respective offices during the pleasure of the State Mineralogist. Sec. 3. The Board of Regents shall fix the compensation of the State Mineralogist and his assistants, and subject to the provisions of this Act, shall prescribe his duties; but they shall not change his compensation during the term for which he is appointed, unless the office becomes vacant, when said Board shall appoint his successor for the unexpired term. The compensation of the State Mineralogist shall not exceed four thousand dollars per annum, and that of his assistants shall not exceed three thousand dollars per annum, each. |
κ1866 Statutes of Nevada, Page 207 (CHAPTER 106)κ
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Sec. 4. Before entering upon the discharge of their respective offices, the State Mineralogist and his assistant shall take and subscribe to the constitutional oath of office, and they shall hold their respective offices until their successors are elected or appointed and qualified. Sec. 5. The Board of Regents shall provide suitable buildings for said school, and for a geological and mineralogical collection, or State Museum, in connection therewith, and such furniture, fixtures and apparatus as may be necessary. They shall, subject to the provisions of this Act, make such rules and regulations for the government of said school as may be required, and shall, annually, on or before the first day of November of each year, make a report to the Governor of the State, who shall cause the same to be published annually, and shall communicate a copy thereof to the Legislature, at the next ensuing session. Said report shall embrace the report or reports of the State Mineralogist, or so much thereof as said Board may deem it necessary to publish. Said report shall contain a full statement of the condition of said school, financially and otherwise, and such recommendations and other matter as the Board may deem proper, and they shall cause the same to be distributed. Sec. 6. The State Mineralogist, subject to the provisions of this Act, and the rules and regulations adopted by the Board, shall have the control and management of said school. He shall, at such times, and in such manner as he shall determine, visit and examine, with reference to their mineral and other resources, the different portions of the State, and collect such geological, mineralogical and other specimens, and such information, as are of scientific interest, or have a practical bearing on the subject of mines and mining, or the other natural resources and industrial pursuits of the State. Sec. 7. All specimens collected by him shall be carefully marked and catalogued at the time he obtains them, and he shall, in connection therewith, as soon as may be, prepare a description of every such specimen, and of the locality from which the same was obtained. Sec. 8. Specimens of all ores, assayed or analyzed at said school, and of all ores presented, shall be kept in said Museum, and shall be properly marked and catalogued, in connection with the names of the depositors, and a description of such ores, and such description of the locality from which the same were obtained, as may be procured from reliable sources. With a view to securing uniformity in the classification of rocks, the State Mineralogist shall procure and place in said Museum characteristic specimens of all the principal rocks, to each of which he shall attach the name and a description thereof, and of the locality from which the same was procured, written or printed in a legible manner. Sec. 9. Said specimens, properly catalogued, shall be deposited in the State Museum, where they, together with the catalogue, or catalogues shall be safely kept; and at all reasonable hours they shall be subject to examination by any person who shall conform to the rules and regulations prescribed by the State Mineralogist for the government of said school, the Museum being regarded as a part of the same. |
Oath of office.
Duties of the Board of Regents.
Mineralogist to have management of school.
Specimens to be marked and catalogued.
Specimens to be kept in museum, etc.
Specimens subject to examination |
κ1866 Statutes of Nevada, Page 208 (CHAPTER 106)κ
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How descriptions prepared and specimens arranged.
Course of studies to be prescribed.
Annual lectures to be delivered
Free lectures
Observations etc., to be taken and noted.
Maps and diagrams of mines may be procured.
Library to be procured for use of school. |
State Mineralogist for the government of said school, the Museum being regarded as a part of the same. Sec. 10. In preparing such descriptions and arranging said specimens in the Museum, careful reference shall be had to the correct illustration of the mineral and other natural resources of this State, and the analogies existing between those of this State and those of other mining sections; and when, at a reasonable cost, it is possible to do so, a statement as to the assay or analysis of said specimens shall be embraced in said description. In addition to the scientific terms used in such descriptions, the terms in common use shall be applied, and in all descriptions and reports the quantities and values shall be given in the English language, and in accordance with the standards adopted by this State. Sec. 11. He shall, subject to the approval of the Board of Regents, prescribe the course of studies to be pursued in said school; said course and management of the school shall have special reference to the imparting of combined scientific and practical knowledge concerning the subject of mines and mining, and matters relating thereto. Sec. 12. He shall annually deliver at least one course of lectures on said subject, at said school, or at such places within this State as the Board of Regents may direct; and he shall, on or before the first day of October of each year, make a report to the Board of Regents, in which he shall present such facts and recommendations, in regard to mines and mining, and matters relating thereto, and in regard to the character and extent of the natural resources of this State, as in his opinion are calculated to promote the full development of the same. Sec. 13. In the course of his examinations, he may, in his discretion, disseminate information on such subjects, by means of free lectures, or otherwise. Sec. 14. He shall take such compass bearings and barometrical and other observations, and make such notes in regard to the same, and in regard to approximate distances, as will furnish materials for the outlines of a map of the localities over which he shall have traveled in the course of his examinations. He may procure, for the use of said school, maps and diagrams of mines, representing the different classes of mines, and illustrative of their geological, mineralogical, and other leading characteristics, and having particular reference to the position in which the metalliferous deposits have been found; and he shall procure, or cause to be procured, drawings of mining machinery, and of machinery, furnaces, and other works, for the separation of metals from the various ores, and the parting of different metals. He may also procure and arrange in some convenient form, for the use of said school, all information concerning the different modes of working mines and reducing ores, that may be obtained at reasonable cost. Sec. 15. At the earliest practicable period measures shall be taken to procure, for the use of said school, a library, embracing standard and reliable works on mines and mining, and subjects relating thereto; and all of said maps, diagrams, plans and information, and said library, shall, at all reasonable hours, and without charge, be subject to the examination of any person who conforms to the rules and regulations concerning the same that may be established by the State Mineralogist, in accordance with this Act. |
κ1866 Statutes of Nevada, Page 209 (CHAPTER 106)κ
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son who conforms to the rules and regulations concerning the same that may be established by the State Mineralogist, in accordance with this Act. Sec. 16. Connected with said school there shall be an assaying and analytical department, in which the assaying and analyzing of ores shall be taught; and all ores delivered therein for assay or analysis, shall be assayed or analyzed at a cost to the parties delivering the same, which shall only cover the actual expenses of such work-the charges for the same to be determined by the State Mineralogist. At said school a careful and uninterrupted record of meteorological observations shall be kept, and forwarded, as nearly as may be, in accordance with the directions of the Smithsonian Institution. Sec. 17. Said school shall be established at such place as the Board of Regents shall decide upon; provided, that at the place so selected the people, or authorities thereof, shall, free of cost to the State, place at the disposal of said Board, for the use of said school, such buildings and grounds as may be required for said schools; and said authorities are hereby authorized to procure and so furnish such buildings and grounds. Sec. 18. If the people, or authorities of such place, in consideration of the permanent establishment of said school therein, shall convey to said Board, for the use of such school, suitable buildings and grounds, and the same shall have been duly accepted as such by said Board, said school shall be permanently established at such place; and it shall not be removed therefrom until after said Board shall have paid, or tendered, to the authorities of such place at which said school is located, the value of said buildings and grounds-the sum to be determined by a majority of three Commissioners, one of whom shall, within a reasonable time, be appointed by said authorities, one by said Board, and one by the two thus chosen. Sec. 19. The State Mineralogist shall be allowed, for actual expenses incurred by him while traveling in the service of the State, a sum not exceeding ten dollars per day while so engaged, and not exceeding in the aggregate one thousand dollars per annum; such demands, together with the demands for salaries and other expenses of said school, shall, by said Board, monthly be audited, and ordered paid out of the Mining School Fund, or any money in the University Fund, subject to such order of the Board of Regents; and all demands (except salaries fixed by law) shall be subject to the action of the State Board of Examiners; and, upon the presentation of any such order, duly approved by said Examiners, the Controller shall draw his warrant on the State Treasurer, in favor of the party to whom such order was thus given, for the amount so allowed; and the State Treasurer shall pay the same out of any moneys in said funds, subject to such order. |
Assaying and analytical department to be connected with school.
Where school may be established. Proviso.
When school permanently established.
How removed.
Expenses and salaries. |
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κ1866 Statutes of Nevada, Page 210κ
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General election when held.
Duty of County Commissioners.
Same.
Notice of election.
From of. |
Chap. CVII.An Act relating to Elections, the manner of conducting and contesting the same, election returns and canvassing the same, fraud upon the ballot box, destroying or attempting to destroy the ballot box, illegal or attempted illegal voting, and misconduct at elections.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A general election shall be held in the several election precincts in this State, on the Tuesday next after the first Monday of November, one thousand eight hundred and sixty-six, and every two years thereafter, at which there shall be chosen all such officers as are by law to be elected in such year, unless otherwise provided for. Sec. 2. It shall be the duty of the Board of County Commissioners to set off and establish election precincts or districts when it may be necessary; and, also, at their first regular session in October, preceding each general election, to appoint three capable and discreet persons, possessing the qualifications of electors, to act as Inspectors at the elections at each election precinct. And the Clerk of said Board of County Commissioners shall make out and deliver to the Sheriff of the county, immediately after the appointment of said Inspectors, a notice thereof, in writing, directed to the Inspectors so appointed; and it shall be the duty of the said Sheriff, within ten days after the receipt of said notices, to serve the same upon each of the said Inspectors of Election. Sec. 3. It shall be the duty of the Board of County Commissioners to cause their Clerks to furnish the Sheriff with poll books, who shall deliver the same to one of the Inspectors of every election precinct in the county, at least one day before the time of holding any election. Sec. 4 The several Boards of County Commissioners shall cause their Clerks, at least twenty days before any general election, and at least fifteen days before any special election, to make out and deliver to the Sheriff of their county, or to the Justice of the Peace of any county, attached for judicial purposes, three written notices for each election precinct, to be, as nearly as circumstances will admit, as follows: Notice is hereby given that on the first Tuesday, the ........ day of .................. next, at the house of .................., (in city, town, district or precinct,) of .................., in the county of .................., an election will be held for State, county, town or district officers, (naming the offices to be filled, as the case may be), which election will be opened at eight oclock in the morning, and will continue until six oclock in the afternoon of the same day. Dated, this .................. day of .................., A. D. 18...... (as the case may be.) (Signed) A B, Clerk of the Board of County Commissioners. |
κ1866 Statutes of Nevada, Page 211 (CHAPTER 107)κ
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Sec. 5. The Sheriff aforesaid, to whom such notices shall be delivered aforesaid, shall put up, in three of the most public places of each precinct, the notices referring to such precincts, at least fifteen days previous to the time of holding any general election, and at least eight days previous to the time of holding any special election. One of said notices to be posted at the house where the election is authorized to be held, and the others at two of the most public and suitable places in the precinct. And, also, have the same published in the several newspapers in their respective counties; and in no case shall an election be held in any building in which spirituous or malt liquors are sold.
duties of inspectors and their clerks, and the manner of conducting elections.
Sec. 6. If, in any precinct, any of such Inspectors are unwilling to serve as Inspectors, they shall notify the Board of County Commissioners thereof, within five days after the receipt of the notice of their appointment, who shall immediately appoint some suitable person to fill the vacancy and to serve at such election. A failure to notify the Board of County Commissioners of an unwillingness to serve as an Inspector, as herein provided, shall subject the person to a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered by said Board of County Commissioners, for the use of the county, before any Justice of the Peace of such county. If, through any accident, sickness or inability, on the day of election, of such Inspectors, or any one thereof, to serve, the Inspector or Inspectors present, on the morning of the election may appoint some suitable person or persons to fill the vacancy. Sec. 7. The said Inspectors shall choose two persons having similar qualifications with themselves, to act as Clerks of the election. The said Inspectors shall be, and continue, Inspectors of all elections of civil officers to be held at their respective precincts until other Inspectors shall be appointed, as hereinbefore directed; and the said Clerks of Election may continue to act as such during the pleasure of the Inspectors of Eection. Sec. 8. Previous to votes being taken, the Inspectors and Clerks of Election shall, severally, take the prescribed official oath, and, in addition thereto, an oath or affirmation in the following form, to wit: I, A B, do solemnly swear (or affirm, as the case may be) that I will perform the duties of Inspector (or Clerk, as the case may be) of the election held this day, according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit and abuse in any manner in conducting the same. So help me God; (or if an affirmation, under the pains and penalties of perjury.) Sec. 9. In case there shall be no Judge or Justice of the Peace present at the opening of the election, or in case such Judge or Justice shall be appointed Inspector or Clerk of the election, it shall be lawful for the Inspectors of the election, and they are hereby empowered, to administer the oath or affirmation to each other and to the Clerks of the election, and the person administering the oath or affirmation shall cause an entry thereof to be made and subscribed by him in the poll books. |
Sheriff required to post notices.
Published.
Failing to serve as inspector.
Penalty.
Inspectors to choose clerks.
Inspectors and clerks to take oath. Form.
Inspectors empowered to administer oath. |
κ1866 Statutes of Nevada, Page 212 (CHAPTER 107)κ
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Opening and closing of polls.
Ballot box.
Same.
Ballots.
Manner of voting. |
mation to each other and to the Clerks of the election, and the person administering the oath or affirmation shall cause an entry thereof to be made and subscribed by him in the poll books. Sec. 10. At all elections to be held under this Act, the polls shall be opened at the hour of eight oclock in the forenoon, and continue open until six oclock in the afternoon of the same day, at which time the polls shall be closed; and, upon opening the polls, one of the Clerks, under the direction of the inspectors, shall make proclamation of the same; and thirty minutes before the closing of the polls proclamation shall be made in like manner, that the polls will be closed in half an hour; but the Board may, in their discretion, adjourn the polls for one hour, at any time they may think proper, during the day, before four oclock in the afternoon, proclamation of the same being made. Sec. 11. There shall be provided, and kept, by the County Commissioners of each county, at the expense of the county, a suitable ballot box, with a lock and key, and furnish the same to the Inspector of each election precinct or district within their county. Sec. 12. There shall be an opening through the lid of each box of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot box shall be carefully examined by the Inspectors of Election, that nothing may remain therein. It shall then be locked, and the key thereof delivered to one of the Inspectors, to be designated by the majority thereof, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned. Sec. 13. Every elector shall, in full view, deliver to one of the Inspectors of the election, a single ballot, or piece of paper, on which shall be written or printed the names of the persons voted for, with a pertinent designation of the office which he or they may intend to fill. Said ballot may be open or folded, as the voter may choose. Sec. 14. It shall be the duty of the Inspectors of Election, at each poll, at each poll, at every election, to have before them a certified copy of the register of voters of the precinct or district for which they are the Inspectors provided by law; and the Inspector to whom any ticket may be delivered shall, upon receipt thereof, pronounce, with an audible voice, the name of the person offering to vote, and another one of the Inspectors shall examine the certified copy of the register, and if the name of the person is found thereon, his ticket shall be immediately put in the ballot box, without being inspected, if it be a folded ballot. The name of the elector shall then be checked on the certified copy of the register, and the Clerk of Election shall enter his name and number in the poll book. No person shall be permitted to vote whose name is not on the register, and said register shall be, to said Inspectors of Election, conclusive evidence of the right of the person to vote, whose name appears upon the same; provided, that said Inspectors of Elections may require any person to give true answers, under oath or affirmation, to all such questions as they may desire to ask, touching the identity of the person with the name in or under which he may wish to vote. |
κ1866 Statutes of Nevada, Page 213 (CHAPTER 107)κ
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touching the identity of the person with the name in or under which he may wish to vote. Sec. 15. At each adjournment of the polls, the Clerks shall, in the presence of the Inspectors, compare their respective poll lists, compute and set down the number of votes, and correct all mistakes that may be discovered, according to the decision of a majority of the Inspectors, until such poll lists shall be made, in all respects, to correspond. Sec. 16. The ballot box shall then be opened and the poll books placed therein, and such box shall then be locked and a a covering, which shall be endorsed by one of the Inspectors, sealed or pasted over the opening in the lid of the box, so as to entirely cover the same, and the key delivered to another of the Inspectors, and the box to a third, to be designated by a majority of the Inspectors. Sec. 17. The Inspector having the key shall keep it in his own possession, and deliver it again to the Board of Inspectors at the next opening of the poll; and the Inspector having care of the box shall carefully keep it without opening it or suffering it to be opened, or the seal thereof to be broken or removed, and shall publicly, in that condition, deliver it to the Board of Inspectors at the next opening of the polls, when the seal shall be broken and the box opened, the poll books taken out and the box again locked.
canvassing by the inspectors.
Sec. 18. As soon as the polls of the election shall be finally closed, the Inspectors shall immediately proceed to canvass the vote given at such election, and the canvass shall be public, and continue without adjournment until completed. Sec. 19. The canvass shall commence by a comparison of the poll lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found to agree. The box shall then be opened and the ballots contained therein taken out and counted by the Inspectors, and opened so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed; and if, on a comparison of the count with the poll list, and the appearance of such ballots, a majority of the Inspectors shall be of the opinion that the ballots thus folded together were voted by one elector, they shall be rejected. Sec. 20. If the ballots in the box shall be found to exceed in number the whole number of votes on the poll lists, they shall be replaced in the box, after being purged as above, and one of the Inspectors, with his back turned to the box, shall publicly draw out and destroy therefrom, so many ballots, unopened, as shall be equal to such excess. Sec. 21. The ballots and poll lists agreeing, or being made to agree, the Board shall then proceed to count and ascertain the number of votes cast, and for whom cast; and when completed the Clerks shall set down, in their poll books, the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive; the number being expressed in writing, at full length, and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit: |
Poll lists to correspond.
Poll books, etc.
Inspectors to keep ballot box and key separate.
Canvass to be public.
Manner of.
Excess of ballots.
Counting ballots. |
κ1866 Statutes of Nevada, Page 214 (CHAPTER 107)κ
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Recapitulation of votes, etc., to be entered in poll books.
Election returns, how and to whom made.
Proviso. |
which such person received such votes, and the number he did receive; the number being expressed in writing, at full length, and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit:
At an election held at the house of A B, in the town (or precinct) of .................., in the county of .................., and the State of Nevada, on the .................. day of .................., A. D. .................., the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit: A B had ................ votes for member of Congress. C D had ................ votes for State Treasurer. E F had ................. votes for State Controller. G H had ............... votes for State Superintendent of Public Instruction. I J had .................. votes for member of the State Senate. K L had ................ votes for member of the Assembly. (And in like manner for any other person voted for.) Certified by us, M N, O P, Q R, Inspectors of Election. Attest: A B, C D, Clerks of Election.
Sec. 22. The Inspectors shall file the ballots on a string, enclose and seal the same, together with one of the tally lists, and one of the poll books, under cover, directed to the Clerk of the Board of County Commissioners of the county in which such county [election] was held, endorsed Election Returns. The packet, thus sealed, shall be conveyed by one of the Inspectors or Clerks of Election, to be determined by lot, if they cannot otherwise agree, or by some other person to be agreed upon by the Inspectors, and delivered to the said Clerk of the Board Of County Commissioners, at his office, within ten days from the close of the polls. The poll book, tally list, certified copy of register, ballot box, and ballots, thus enclosed and sealed, shall be deposited in the office of the Clerk of the Board of Commissioners, after having been canvassed by said Board, and preserved until the next general election. The other poll book and tally list shall be deposited with one of the Inspectors of Elections, to be determined by lot, if not otherwise agreed upon; and the said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter, who may wish to examine the same; provided, however, that the ballots so deposited with the Board of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the Judge, body or Board before whom such election is being contested. |
κ1866 Statutes of Nevada, Page 215 (CHAPTER 107)κ
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soldiers vote, and the manner of taking the same.
Sec. 23. For the purpose of taking the vote of the electors of this State who may be in the army of the United States, the Adjutant-General of the State shall, in due time to carry out the provisions of this Act, make out and deliver to the Secretary of State separate lists of the names of all the electors, citizens or residents of this State, at the time of their enlistment, who shall be in the army of the United States, classified and arranged in alphabetical order, showing the number of the regiment, battalion, squadron, or battery, and company, to which said elector belongs, his residence, or the county and precinct to which he belongs, and in which he is entitled to vote. Sec. 24. The Secretary of State shall immediately transmit, by mail, or otherwise, as he may deem proper, a copy of such lists (the proper one) to the commanding officer of each of the respective regiments, battalions, squadrons, batteries or companies. Sec. 25. Between the hour of eight oclock a. m., and sunset, on the day of election, a ballot box, or suitable receptacle for votes, shall be opened, under the immediate charge and direction of the three highest officers in command, for the reception of votes from the electors whose names are upon said lists, at each place where a regiment, battalion or squadron, battalion [battery] or company of soldiers from this State, in the army of the United States, may be on that day; at which time and place said electors shall be entitled to vote for all officers for which, by reason of their residence in the several counties of the State, they are authorized to vote, as fully as they would be entitled to vote in the several counties or precincts in which they resided; and the votes so given, by such electors, at such time and place, shall be considered, taken and held to have been given by them in the respective counties and precincts in and of which they were residents at the time of their enlistment. Sec. 26. The name and office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector, voting as aforesaid, shall be checked upon said list, at the time of voting, by one of said officers having charge of the ballot box. The said officers having charge of the election shall count the votes, and compare them with the checked list, immediately after the closing of the ballot box or polls. Sec. 27. All the ballots cast, together with the said voting list, checked as aforesaid, shall be immediately sealed up and sent forthwith, by mail or otherwise, by the commanding officer, to the Secretary of State, at the seat of government, according to the form hereinafter prescribed. Said commanding officer shall also make out and certify duplicate lists, checked as aforesaid, seal up and immediately transmit the same to the respective and proper Boards of County Commissioners of the several counties of the State. Sec. 28. The form of return of votes to be made by the commanding officer to the Secretary of State, and the respective Boards of County Commissioners, shall be in substance, as follows, to wit: Returns of soldiers votes in the (here insert the regiment, detachment, battalion, squadron or battery, and company). |
Soldiers votes, how taken.
Secretary of State to transmit lists.
Time of holding, and under whose direction.
Ballot, what to contain.
Returns, how made.
Form of returns. |
κ1866 Statutes of Nevada, Page 216 (CHAPTER 107)κ
|
Blank returns and instructions to be furnished.
Manner of canvass.
Proviso.
Abstracts of votes to be transmitted to the Secretary of State. |
the regiment, detachment, battalion, squadron or battery, and company). I, ........................, hereby certify that on the .................. day of ........ ........, A. D. 18 .., the electors belonging to the (here insert the regiment, battalion, etc.,) cast the following number of votes for the several persons hereinafter named, for the following named officers, to wit: For Governor, (names of persons voted for, number of votes for each person voted for, written in full, and also in figures, against the following, the name of such person.) For Lieutenant-Governor, (names of candidates, number of votes cast for each, written out and in figures, as above.) Continue as above, until the list is completed. Attest: A B, commanding officer of the regiment, battalion, etc., (as the case may be.) Sec. 29. The Secretary of State is hereby required to furnish each commanding officer, within and beyond the boundaries of the State, proper and sufficient blanks for said returns, and also all the necessary instructions for the taking of the votes of the electors under their respective commands.
canvassing by the board of county commissioners.
Sec. 30. On the thirtieth day (or if that day shall fall on Sunday, then on the Monday following) after the close of any election, or sooner, if all the returns be received, the Board of County Commissioners shall proceed to open said returns, and to make abstracts of the votes. Such abstract of votes for member or members of Congress shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of the votes for district and State officers shall be on one sheet; and the abstract of the vote for county and precinct officers shall be on one sheet; and it shall be the duty of said Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Boards of County Commissioners to each of the persons having the highest number of votes for members of the Legislature, district, county and precinct officers, respectively, and to deliver such certificate to the person entitled to it, on his making application to said Clerk at his office; provided, that when a tie shall exist between two or more persons for the Senate or Assembly, or any other county or district officer, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice; and it shall be the duty of the said Clerk of said Board of County Commissioners, of such county, on the receipt of the returns of any general or special election, to make out his certificate, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled, by law, for their services, and lay the same before the Board of Commissioners at their next session, and the said Board shall order the compensation aforesaid, if correct, to be paid out of the county treasury. Sec. 31. The Board of County Commissioners, immediately after making the abstract of votes, as provided in section (30) thirty, shall cause their clerk to make a copy of said abstract, and transmit the same, by mail or express, or special messenger, |
κ1866 Statutes of Nevada, Page 217 (CHAPTER 107)κ
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ger, to the Secretary of State, at the seat of government; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and shall open and canvass the votes for members to Congress, District and State officers, and the Governor shall grant a certificate of election to, and commission, the person having the highest number of votes, and shall also issue proclamation, declaring the election of such persons. In case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes, the Governor shall, by proclamation, order a new election. Sec. 32. No certificate shall be withheld on account of any defect or informality in the return of any election, if it can be with reasonable certainty ascertained from such return what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the Governor on account of any such defect or informality of any returns made to the office of the Secretary of State. Sec. 33. No tally-list, poll-book or certificate returned from any election shall be set aside or rejected for want of form, nor on account of its not being strictly in accordance with the directions of this Act, if the same can be satisfactorily understood. Sec. 34. If the returns of the election of any county in the State shall not be received at the office of the Secretary of State, or on or before said third Monday of December succeeding such election, the said Secretary may forthwith send a messenger to the Clerk of the Board of County Commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns; and the said messenger shall be paid out of the treasury of said county, the sum of thirty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary, in the opinion of the Board of County commissioners, to employ a messenger to convey the returns to the seat of government, and deliver them to the Secretary, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of thirty cents a mile, computing the distance from the county seat to the seat of government by the usually traveled route. Sec. 35. When two or more counties are united in one Senatorial, Representative or Judicial District, for the election of any officers, the Board of County Commissioners of each county shall canvass the votes, according to law, of the voters of their respective counties, for said officer or officers, and the Commissioner of the county, whose initial is lowest on the alphabet, shall transmit to the Commissioner of the county, of the highest initial, a copy of the abstract of the votes for such officer or officers, when said last Commissioner shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in sections thirty and thirty-one of this Act. Sec. 36. Whenever the returns are required to be transmitted by one Clerk of a Board of County Commissioners to another, or by the Clerk of a Board of County Commissioners to the Secretary of State, |
Canvass. Governor to grant certificates of election.
Certificate not to be withheld on account of defect in return.
Not to be rejected for want of form.
Delayed returns.
Messenger, etc.
Joint canvass by two or more counties in certain cases
Returns, how transmitted. |
κ1866 Statutes of Nevada, Page 218 (CHAPTER 107)κ
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Compensation of officers of election.
Who deemed elected.
Misspelling, etc., to be disregarded.
Causes for contesting election.
Irregularity, etc., how construed.
Contest for mal-conduct. |
the Secretary of State, it shall be the duty of such Clerk, if not otherwise directed by the Board of County Commissioners, to deliver the same to some post-master of the county, at the post office, to be transmitted by mail, taking from such post-master, if it can be obtained, a certificate setting forth the time when such returns were deposited in the post office, which certificate the Clerk shall file in his office. Sec. 37. There shall be allowed, out of the County Treasury of such county, to the several Inspectors and Clerks of election, five dollars per diem, and to the person carrying the poll books from the place of election to the Clerks office, and to the Clerk of the Board of County Commissioners, for attending at another county to canvass votes, the sum of thirty cents per mile for going and returning, to be paid out of the County Treasury. Sec. 38. In all elections, the person having the highest number of votes for any office shall be deemed to have been elected. Sec. 39. In counting the votes, the Inspectors shall disregard misspelling or abbreviations of the names of candidates for office, if it can be ascertained from such votes for whom they were intended.
of contesting county and precinct elections by any elector.
Sec. 40. Any elector, of the proper county, may contest the right of any person declared duly elected to an office exercised in and for such county; and also any elector of a precinct may contest the right of any person declared duly elected to any office in and for such precinct, for any of the following causes: First-For mal-conduct on the part of the Board of Inspectors, or any member thereof. Second-When the person whose right to the office is contested was not, at the time of election, eligible to such office. Third-When the person whose right is contested shall have been, previous to such election, convicted of an infamous crime by any court of competent jurisdiction, such conviction not having been reversed, nor such person released from the legal infamy of such conviction. Fourth-When the person whose right is contested has given to any elector or Inspector, or Clerk of the election, any bribe or reward, and shall have offered any such bribe or reward, for the purpose of procuring his election. Fifth-On account of illegal votes. Sec. 41. No irregularity or improper conduct in the proceedings of the Inspectors, or any one of them, shall be construed to amount to such mal-conduct as to annul or set aside any election, unless the irregularity or improper conduct shall have been such as to procure the person, whose right to the office may be contested, to be declared duly elected, when he had not received the highest number of legal votes. Sec. 42. When any election, held for an office exercised in and for a county, is contested on account of any mal-conduct on the part of the Board of Inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote of the county. |
κ1866 Statutes of Nevada, Page 219 (CHAPTER 107)κ
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precinct shall change the result as to such office in the remaining vote of the county. Sec. 43. Nothing in the fifth ground of contest, specified in the fortieth section of this Act, shall be so construed as to authorize an election to be set aside on account of illegal votes, unless it shall appear that an amount of illegal votes has been given to the person whose right to the office is contested, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person. Sec. 44. No person shall be competent to contest any election unless he is a qualified elector of the district, county or precinct (as the case may be), in which the office is to be exercised. Sec. 45. When any elector shall choose to contest the right of any person declared duly elected to such office, he shall, within forty days thereafter, file with the Clerk of the District Court a written statement, setting forth, specifically: First-The name of the party contesting such election, and that he is a qualified elector of the district, county or precinct (as the case may be), in which such election was held. Second-The name of the person whose right to the office is contested. Third-The office. Fourth-The particular cause or causes of such contest. Said statement shall be verified by the affidavit of the contesting party, that the matters and things therein contained are true, to the best of his knowledge and belief. Sec. 46. When the reception of illegal votes is alleged as a cause of contest, it shall be sufficient to state, generally, that illegal votes were given to the person whose election is contested, in the specified precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes, unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony shall be received of any illegal votes, except such as are specified in such list. Sec. 47. No statement of the cause of contest shall be rejected, nor the proceedings thereon dismissed, by any court before which such contest may be brought for trial, for want of form, if the particular cause or causes of contest shall be alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or cause for which such election is contested. Sec. 48. Upon such statement being filed, it shall be the duty of the District Clerk to inform the Judge of the District Court, who shall fix a time and place to hear and determine such contested election, and give notice thereof to the parties. Said time shall not be less than ten, nor more than twenty days, from the date of such notice. Sec. 49. Said Clerk shall, also, at the same time, issue a citation to the person whose right to the office is contested, to appear at the time and place specified in said notice, |
When election set aside on account of illegal voting.
Who competent to contest.
Statement to be filed.
When reception of illegal votes is cause of contest.
Proceedings not to be dismissed for want of form.
Court to be held to determine contest.
Person whose election is contested to be cited to appear. |
κ1866 Statutes of Nevada, Page 220 (CHAPTER 107)κ
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Witnesses may be compelled to attend.
Power of the Court.
Court to be governed by rules of law and evidence
May declare who duly elected. Fees.
Costs. Same.
Each party liable for costs of officers and witnesses. Parties may appeal. |
appear at the time and place specified in said notice, which citation shall be delivered to the Sheriff, and be served upon the party in person; or, if he cannot be found, by leaving a copy thereof at his place of residence, as shown by the register of electors. Sec. 50. The said Clerk shall issue subpoenas and subpoenas duces tecum, as in civil actions at law, for witnesses in such contested election, at the request of either party, which shall be served by the Sheriff, as other subpoenas; and the District Court shall have full power to issue attachments to compel the attendance of witnesses, who shall fail to so attend, when they shall have been duly subpoenaed. Sec. 51. The Court shall meet at the time and place designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day, until such trial is ended, and may also continue said trial, before its commencement, to any time, not exceeding twenty days, for good cause shown by either party, upon affidavit, at the costs of the party applying for such continuance. Sec. 52. Such Courts shall be governed in the trial and determination of such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings, if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proof and allegations of the parties, the Court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case, The Clerk of the Board of County Commissioners shall issue a certificate to the person declared to be elected by said District Judge, unless an appeal be taken to the Supreme Court, then by said Court, which shall be conclusive evidence of the right of said person to hold such office. Sec. 53. If, in such case, it shall appear that another person than the one returned had the highest number of legal votes, said Court shall declare such person duly elected. Sec. 54. The Clerk, Sheriff and witness shall receive, respectively, the same fees, from the party against whom the judgment is given, as are allowed for similar services in the District Court. Sec. 55. If the proceedings are dismissed for insufficiency, want of prosecution, or the election is confirmed by the Court, judgment shall be rendered against the party contesting such election, for costs in favor of the party whose election was contested. Sec. 56. If such election is annulled and set aside, judgment for costs shall be rendered against the party whose election was contested, in favor of the party contesting the same. Sec. 57. Each party shall be liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner in which similar costs are collected in the District Court. Sec. 58. Either party feeling himself aggrieved by the judgment of said Court may appeal therefrom to the Supreme Court as in other cases of appeal thereto from the District Court. |
κ1866 Statutes of Nevada, Page 221 (CHAPTER 107)κ
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Court as in other cases of appeal thereto from the District Court. Sec. 59. Whenever an election shall be annulled and set aside, by the judgment of the District Court, and no appeal has been taken therefrom within thirty days, such certificate, if any has been issued, shall thereby be rendered void, and the office become vacant. Sec. 60. In case of any contest, in regard to any election to fill the office of District Judge, such contest shall be tried in like manner before the District Court of the District nearest adjoining thereto.
second-by the district attorney.
Sec. 61. Any action may also be brought by the District Attorney, in the name of the State of Nevada, upon his own information, or upon the complaint of any private party against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, or any franchise within this State; and it shall be the duty of the District Attorney to bring such action whenever he has reason to believe that any such office, or franchise, has been usurped, intruded into, or unlawfully held, or exercised by any person, or when he is directed to do so by the Governor. Sec. 62. Whenever such action is brought, the District Attorney, in addition to the statement and the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office or franchise, with a statement of his right thereto; and in such case, upon proof by affidavit or otherwise, that the defendant has received fees or emoluments belonging to the office, or franchise, by means of his usurpation thereof, an order may be granted by a Judge of the Supreme Court, or a District Judge, for the arrest of such defendant, and holding him to bail; and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest. Sec. 63. In every case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice shall require. Sec. 64. If the judgment be rendered upon the right of the person alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office, and executing such official bond as may be required by law, to take upon himself the execution of the office, or the exercise and possession of the franchise. Sec. 65. If the judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant. Sec. 66. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise. |
Office, when vacant.
Contest of office of District Judge.
District Attorney may bring action.
Statement what to set forth.
Judgment, how rendered.
When person alleged to be entitled may enter an office.
Damages recoverable.
Rights of several may be tried in one action. |
κ1866 Statutes of Nevada, Page 222 (CHAPTER 107)κ
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Judgment when defendant has intruded into office.
Who may contest.
Statement to be filed.
Depositions.
Notice to person whose election is contested.
Sheriff to serve notice.
May compel attendance of witnesses. |
such persons, in order to try their respective rights to such office or franchise. Sec. 67. When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the action. The Court may, also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, shall be paid into the Treasury of the State.
of contesting elections for members of the legislature.
Sec. 68. The right of any person duly declared elected to a seat in the Senate or Assembly, may be contested by any qualified voter of the county or district to be represented by such Senator or Member of Assembly. Sec. 69. The person contesting such election shall, within twenty days after the issue of the certificate of election, file with the Clerk of the District Court of the county in which the alleged cause or causes of contest originated, a concise statement of the grounds on which he intends to rely, verified by affidavit. Sec. 70. Immediately upon the filing such statement in the Clerks office, the said Clerk shall issue a commission, directed to two Justices of the Peace for his county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the time of issuing the same, for the purpose of taking the depositions of such witnesses as the parties to such contest may wish to examine. Sec. 71. Written notice of such contest, specifying the time and place of taking such depositions, and before whom to be taken, and a copy of the statement, certified by the Clerk of said Court, shall be delivered to the person whose election is contested, or if he cannot be found, shall be left at his place of residence, as shown by the register of electors, by the Sheriff of the county in which such person claims his residence, within ten days after such statement shall have been filed in the Clerks office. Sec. 72. The Sheriff, unto whose hands such notice and certified copy may come, shall make due service thereof, and shall return to the proper Clerk a certified copy of such notice, with the manner and time of service endorsed thereon, for which he shall be entitled to receive, from the party contesting such election, the same fees for service and mileage as are allowed in the District Courts for service of original writs. Sec. 73. Either of said Justices of the Peace shall have power, at any time, to issue subpoenas for witnesses, at request of either party, to be served by the Sheriff as other subpoenas; and such Justices, when met at the time and place appointed to take such depositions, shall have the same power to issue attachments and assess fines against witnesses as is given to Justices of the Peace in the trials of suits instituted before them. |
κ1866 Statutes of Nevada, Page 223 (CHAPTER 107)κ
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Justices of the Peace in the trials of suits instituted before them. Sec. 74. Said Justices of the Peace shall meet at the time and place appointed, to take the depositions of witnesses produced by the parties, which shall be reduced to writing by said Justices, and sworn or affirmed to, and subscribed by said witnesses respectively, and duly certified by said Justices, as depositions are in other cases, noting in the caption of each deposition by which party the witness was called. Sec. 75. Said Justices may continue said examination from day to day, if the business shall require it, and when the same is closed, they shall deliver the depositions taken before them, together with the said commission, to the Clerk of the District Court by whom the same was issued. Sec. 76. If, at any time, either of the said Justices shall become unable to proceed in such examination, said Clerk may supply the vacancy, by designating any other Justice of the Peace of the county, in the place of said Justice. Sec. 77. The Sheriff, for the service of such subpoenas, and the Justices, for issuing the same and taking depositions, shall receive, from the party at whose instance such services are performed, the same fees as are allowed them for similar services in other cases. Sec. 78. It shall be the duty of said Clerk to seal up such depositions, together with the original statements of the grounds of such contest, and the copy of the notice served upon the party whose right is contested, and the commission issued to the Justice of the Peace, and transmit the same, by mail, to the Secretary of State, endorsing thereon the names of the contesting parties, and the branch of the Legislature before which such contest is to be tried. Sec. 79. It shall be the duty of the Secretary of State to deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day of the session of the Legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession. Sec. 80. Each house of the Legislature shall judge of the qualifications and elections of its own members, and shall try all contested elections of its members, in such manner as it may direct. Sec. 81. At any time after notice of any contest shall be given, and before the trial of such contested election, before the proper branch of the Legislature, it may be lawful for either party to such contest to take depositions, to be read on the trial thereof, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on any trial pending in the District Court; and such depositions, when thus taken, shall be sealed up by the officer taking the same, and directed to the Secretary of State, who shall keep the same, unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding section. |
Depositions, how taken.
Depositions to be delivered to clerk.
Clerk may supply vacancy, when Justice is unable to proceed. Fees of Sheriff and Justice.
Depositions, etc., to be transmitted to Secretary of State.
Duty of Secretary of State.
Each house to try contested elections.
Either party may take depositions. |
κ1866 Statutes of Nevada, Page 224 (CHAPTER 107)κ
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Right of Legislature not abridged
Who may contest.
Grounds of contest to be specified, etc.
Notice to person whose election contested.
Notice to members.
Joint convention.
Testimony.
Judgment conclusive. |
Sec. 82. Nothing contained in the foregoing sections of this Act shall be so construed as to abridge the right of either branch of the Legislature, trying any contested election, from granting commissions to take testimony, or from sending for and examining before such branch any witnesses it may desire to hear in such trial.
of contesting the election of governor, lieutenant-governor, and other state officers.
Sec. 83. Any qualified elector of the State may contest the election of any person declared duly elected Governor or Lieutenant-Governor of the State of Nevada, and any other State officer, as prescribed in this Act. Sec. 84. When such elector chooses to contest such election he shall deliver to the presiding officer of each house of the Legislature a specification of the grounds of such contest, stating therein that he is a qualified elector of said State, and verifying the same by his oath or affirmation. Sec. 85. As soon as the presiding officers shall have received said specifications, they shall forthwith make out a notice, in writing, directed to the person whose election is contested, and deliver the same to the Sergeant-at-Arms of one of the houses, who shall serve such notice, together with a copy of said specifications, forthwith on the person or persons therein named. Sec. 86. Said presiding officers shall also immediately give notice to their respective houses, that such specifications of the grounds of contest have been received. Sec. 87. After ten days from the service of said notice and specifications on the person whose right to the office is contested, the Senate and Assembly shall meet together and constitute themselves into a joint convention, or committee, to hear, try and determine the right to the office, as between the contesting parties, giving notice to the contestants of such time as they may fix upon, and for that purpose shall hold their meetings public, at the seat of government, at such time and place as they may designate, and may adjourn from day to day, or to a day certain, until such trial shall be ended and determined; and they shall have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to the contestor, and the person whose right is contested. Sec. 88. The testimony received in such investigation shall be confined to the points contained in the specification of the grounds of contest. Sec. 89. The judgment of a majority of the joint committee, or convention, pronounced in the final decision of said contested election, shall be conclusive, as to the validity or invalidity thereof; and if such election is adjudged invalid, the office rendered vacant by such decision shall be filled in the mode prescribed by this Act. |
κ1866 Statutes of Nevada, Page 225 (CHAPTER 107)κ
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removals from office-first, by civil actions.
Sec. 90. If any person now holding, or who shall hereafter hold, any office in this State, who shall refuse or neglect to perform any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or.misfeasance in office, shall be removed therefrom, as herein prescribed. Sec. 91. Whenever any complaint, in writing, duly verified by the oath of any complainant, shall be presented to the District Court, alleging that any officer within the jurisdiction of said Court has been guilty of charging and collecting any illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office, as prescribed by law, or has been guilty of any malpractice or misfeasance in office, it shall be the duty of said Court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days, from the time when said complaint shall be presented; and on that day, or some other subsequent day, not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered in support of the same, and the answer and evidence offered by the party complained of; and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the Court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant, and such costs as are allowed in civil cases. Sec. 92. It shall be the duty of the Clerk of the Court in which such proceedings are had, to transmit, within three days thereafter, to the Governor of the State, or the Board of County Commissioners of the proper county, a copy of any decree or judgment, declaring any officer deprived of office under this Act, and it shall be the duty of the Governor, or such Board of County Commissioners whose duty it may be, to appoint some person to fill said office until a successor shall be selected, or appointed, and qualified; and it shall be the duty of the person so appointed to give such bond and security as are prescribed by law, and pertaining to such office. Sec. 93. The rules of practice governing the District Courts, in civil cases, shall be in force; and in all proceedings under the last three preceding sections of this Act, so far as the same are applicable to the case, and not inconsistent with said sections, either party may appeal as in other cases, to the Supreme Court, but such appeal shall not authorize the officer or person appealing to hold the office during the pending of such appeal. Sec. 94. The District Courts shall have jurisdiction of all cases arising under the last four preceding sections of this Act.
second-by criminal action.
Sec. 95. An accusation, in writing, against any district, county or precinct officer, for willful and corrupt misconduct in office, may be presented by the grand jury of the county for which such officer accused is elected or appointed. |
Cause for removal.
Proceedings when complaint presented.
Copy of decree to be transmitted to Governor or County Commissioners, etc.
Rules of practice.
Jurisdiction.
Accusation against certain officers. |
κ1866 Statutes of Nevada, Page 226 (CHAPTER 107)κ
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What to state.
To be delivered to Grand Jury.
Defendant to appear.
Answer.
Objections.
Denial.
Answer forthwith.
Court to convict or proceed to try.
Trial to be by jury.
Attendance of witnesses. Judgment on conviction.
Appeal.
Proceedings against District Attorney |
Sec. 96. The accusation shall state the offense charged in ordinary and concise language, and without repetition. Sec. 97. The accusation shall be delivered by the foreman of the grand jury to the District Attorney of the county, who shall cause a copy thereof to be served upon the defendant, and require, by notice in writing, of not less than ten days, that he appear before the District Court then setting, or at the next term, and answer the accusation. The original accusation shall then be filed with the Clerk of the District Court. Sec. 98. The defendant must appear at the time appointed in the notice and answer the accusations, unless, for some sufficient cause, the Court assign another day for that purpose. If he do not appear, the Court may proceed to hear and determine the accusation in his absence. Sec. 99. The defendant may answer the accusation, either by objecting to the sufficiency thereof, or to any allegation therein, or by denying the truth of the same. Sec. 100. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. Sec. 101. If he deny the truth of the accusation, the denial may be oral and without oath, and shall be entered upon the minutes. Sec. 102. If an objection to the sufficiency of the accusation be not sustained, the defendant shall be required to answer the accusation forthwith. Sec. 103. If the defendant plead guilty, and refuse to answer the accusation, the Court shall render judgment of conviction against him. If he deny the matters charged, the Court shall, immediately, or as soon thereafter as practicable, proceed to try the accused. Sec. 104. The trial shall be by a jury, and shall be conducted, in all respects, in the same manner as the trial upon indictment for any other offense. Sec. 105. The District Attorney and the defendant shall be, respectively, entitled to such process as may be necessary to enforce the attendance of witnesses, as in a trial upon indictment for other offenses. Sec. 106. Upon a conviction the Court shall, immediately, or within five days, as it may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal. Sec. 107. From a judgment of removal an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action; but, until such judgment be reversed, the defendant shall be suspended from his office. Pending the appeal, the office may be filled, as in case of a vacancy. Sec. 108. The same proceedings may be had on like grounds for the removal of a District Attorney, except that the accusation shall be delivered to the District Judge of the District, who shall thereupon appoint some one to act as a prosecuting officer in the matter, or shall place the accusation in the hands of the District Attorney of the nearest adjoining district, and require him to conduct the proceedings. |
κ1866 Statutes of Nevada, Page 227 (CHAPTER 107)κ
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of the District Attorney of the nearest adjoining district, and require him to conduct the proceedings.
third-by impeachment.
Sec. 109. Any State officer, whose office is created by the Constitution, or State law, or any District Judge, shall be liable to impeachment for any misconduct in office. Sec. 110. The Assembly shall have the sole power of impeaching, and the concurrence of the majority of all the members elected shall be necessary to an impeachment. Sec. 111. All impeachments shall be tried by the Senate; and, when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice, according to law and the evidence. Sec. 112. When a civil officer of the State is impeached by the Assembly, for misconduct in office, the articles of impeachment shall be delivered to the President of the Senate. Sec. 113. The Senate shall assign a day for hearing the impeachment, and shall inform the Assembly thereof. The President of the Senate shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant, not less than ten days before the day fixed for the hearing. Sec. 114. The service must be upon the defendant personally; or, if he cannot, upon diligent inquiry, be found within the State, the Senate, upon due proof of that fact, may order that publication be made, in such manner as they deem proper, of a notice requiring him to appear, at a specified time and place, and answer the articles of impeachment. Sec. 115. If the defendant do not appear, the Senate, upon proof of personal service, or publication, as provided in the last two preceding sections, may, of their own motion, or for cause shown, assign another day for hearing the impeachment, or may then, or at any other time which they may appoint, proceed, in the absence of the defendant, to trial and judgment. Sec. 116. When the defendant appears, he must answer the articles of impeachment, which he may do either by objecting to the sufficiency of the same, or any article therein, or by denying the truth of the same. Sec. 117. If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and shall be entered upon the journal. Sec. 118. If an objection to the sufficiency of the impeachment be not sustained by a majority of the Senators elected, the defendant shall be ordered forthwith to answer the articles of impeachment. If he plead guilty, or refuse to plead, the Senate shall render judgment of conviction against him. If he deny the matter charged, the Senate shall, at such time as they may appoint, proceed to try the impeachment. The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Governor or Lieutenant-Governor upon impeachment and in all other cases, the President of the Senate. |
Impeachment.
Power of impeachment.
To be tried by the Senate.
Hearing.
Service on defendant.
Failure to appear.
Answer.
Objection to be in writing
Objections not sustained.
Chief Justice to preside. |
κ1866 Statutes of Nevada, Page 228 (CHAPTER 107)κ
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Oath to be administered to Senators.
To proceed to try.
Concurrence of two thirds required to convict.
To pronounce judgment.
Judgment.
What may be.
Two thirds vote required to suspend.
Proviso.
Office to be temporarily filled.
Indictment not to be barred by impeachment. |
peachment and in all other cases, the President of the Senate. Sec. 119. At the time and place appointed, and before the Senate proceed to act on the impeachment, the Secretary shall administer to the President of the Senate, or Chief Justice (as the case may be), and the President of the Senate, or Chief Justice, to each of the members of the Senate, then present, an oath or affirmation, truly and impartially to hear, try and determine the impeachment, and no member of the Senate shall act or vote on the impeachment, or any question arising thereon, without having first taken such oath or affirmation. Sec. 120. The oath or affirmation having been administered, the Senate shall proceed to try and determine the impeachment, and may adjourn the trial from time to time. Sec. 121. The defendant shall not be convicted, or impeached, without the concurrence of two thirds of the members elected; and if two thirds of the members elected do not concur in a conviction, he shall be declared acquitted. Sec. 122. After conviction, the Senate shall immediately, or at such other time as they shall appoint, pronounce judgment, which shall be, in the form of a resolution, entered upon the journals of the Senate. The vote upon the passage thereof shall be taken by yeas and nays, and shall in like manner be entered on the journal. Sec. 123. On the adoption of the resolution by two thirds of the members elected, the same shall be the judgment of the Senate. Sec. 124. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust or profit under the Constitution and laws of this State. Sec. 125. If judgment of suspension be given on the votes of two thirds of the members elected to each branch of the Legislature, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, fees or emoluments of the office; and the Judge, District Attorney, or any State officer complained of, shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. Sec. 126. Whenever articles of impeachment shall be presented against the President of the Senate, such officer shall be temporarily suspended from his office, and shall not act in his official capacity until duly acquitted. Upon such suspension of any State officer, whose office is created by the Constitution or laws of this State, the Governor shall immediately take charge of his office, and such office shall at once be temporarily filled, by appointment by the Governor, until the acquittal of the party impeached, or, in case of his removal, then until the vacancy be filled as provided by law. Sec. 127. If the offense for which the defendant is impeached be the subject of indictment, the indictment shall not be barred by the impeachment. For any reasonable cause, to be entered upon the journals of each house, which or may not be sufficient grounds for impeachment, the Chief Justice, and the Associate Justices of the Supreme Court, and Judges of the District Courts, shall be removed from office. |
κ1866 Statutes of Nevada, Page 229 (CHAPTER 107)κ
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sufficient grounds for impeachment, the Chief Justice, and the Associate Justices of the Supreme Court, and Judges of the District Courts, shall be removed from office.
Of Penalties for Frauds upon the Ballot Box; Destroying, or attempting to Destroy, the Ballot Box; Illegal, or attempted Illegal, Voting; and Misconduct at Elections.
First-of fraud upon the ballot box.
Sec. 128. Any person guilty of stuffing any ballot box, either by false bottoms, or in any manner whatever, before the votes are counted, or while being counted; and any Inspector who shall knowingly count or read off the votes falsely, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the State Prison for each and every offense so convicted of, for a term of not less than five nor more than fifteen years.
second-of ballot box destroying or attempting to destroy the same.
Sec. 129. If any person or persons, at any election held by virtue of any law of this State, shall, either by force, fraud, stealth, or otherwise, destroy or attempt to destroy, obtain or attempt to obtain possession of any ballot box, or any ballot or ballots therein deposited, or any poll book, tally list, or other article or articles kept and used by the Inspectors and Clerks in conducting such election, while the voting at such election is going on, or during the day of election, or either before or after the ballots have been taken out of the box and counted by the Inspectors of Election, shall be deemed guilty of a felony, and shall, upon conviction thereof, be imprisoned in the State Prison for each and every offense so convicted of, for a term of not less than seven nor more than twenty-one years.
third-illegal or attempted illegal voting.
Sec. 130. Any person who shall vote, or attempt to vote, in the name of any other persons, other than his own, whose name has been registered, and any person who causes, aids or abets any person so to vote, or attempt to so vote, shall, upon conviction thereof, be punished for each offense by imprisonment in the State Prison not less than one year nor more than seven years. Sec. 131. If any person, not having the legal qualifications of a voter, shall fraudulently vote, or shall fraudulently attempt to vote, at any election, such person, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than five years. Sec.. 132. If any elector shall vote more than once at any election, or shall knowingly hand in two or more tickets folded together, or shall attempt to vote more than once at the same election, he shall, on conviction thereof, be punished by imprisonment in the State Prison for a term not less than one, nor more than five years. |
Judges may be removed from office.
Stuffing ballot box, etc.
Destroying ballot box etc.
Voting in name of another, etc.
Fraudulent voting, etc.
Voting more than once, etc. |
κ1866 Statutes of Nevada, Page 230 (CHAPTER 107)κ
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Intimidating or corrupting elector.
Fa e statement as to name on ticket.
Causing an elector to vote for a different person than he intended.
Neglect to deliver poll book, etc.
False swearing.
Violation of provisions of Act for which penalty is not prescribed. |
onment in the State Prison for a term not less than one, nor more than five years.
fourth-of misconduct at elections.
Sec. 133. If any person shall, directly or indirectly, use any threats, menace or force, or any corrupt means or device at, or previous to, or during any election held pursuant to this Act, toward any elector, to hinder or deter him from voting at such election, or shall attempt, by any means whatever, to awe, restrain, hinder or disturb any elector in the free exercise of the right of suffrage, he shall, upon conviction thereof, be fined in any sum not less than fifty nor exceeding one thousand dollars. Sec. 134. If any person shall furnish any elector wishing to vote at any election held pursuant to the provisions of this Act, who cannot read, with a ticket, such person informing or giving such elector to understand that it contains a name or names, written or printed thereon, different from the name or names which are written or printed thereon, such person shall, upon conviction thereof, be fined in any sum not less than fifty, nor more than one thousand, dollars. Sec. 135. If any person shall defraud any elector at any such election, by deceiving and causing him to vote for a different person for any office than such elector desired or intended to vote for, or shall fraudulently attempt to deceive and cause such elector thus to vote for a different person, for any office, than he intended and desired to vote for, such person, upon conviction thereof, shall be fined in any sum not less than fifty, nor more than one thousand dollars. Sec. 136. If any person, after being deputed by the Inspectors of Election to carry the poll book, tally list, and the ballots of such election to the Clerk of the Board of County Commissioners, shall fail, or neglect, to deliver such poll book, tally list and ballots to said Clerk, within the time prescribed by law, and safe, with seals unbroken or unopened, he shall, for every such offense, when convicted thereof. be imprisoned in the State Prison for not less than one year nor more than five years. Sec. 137. All willful, corrupt and false swearing, and affirming, before the Board of Inspectors, or any member thereof, or the Clerk thereof, while in session, or in holding an election, shall be deemed perjury, and on conviction shall be punished as such. If any member of any Board of Inspectors, or Clerks of Election, or any other person in any manner concerned in conducting an election, 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, in the discretion of the Court. |
κ1866 Statutes of Nevada, Page 231 (CHAPTER 107)κ
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Sec. 138. It shall be the duty of the District Attorney of each District Court to present all violations of the provisions of this Act, which may come to his knowledge, to the special consideration of the proper grand jury. Sec. 139. The Act entitled An Act relating to elections, and the mode of supplying vacancies, approved November twenty-ninth, one thousand eight hundred and sixty-one; the Act entitled An Act to preserve the purity of elections, and to prevent ballot box stuffing, approved November twenty-ninth, one thousand eight hundred and sixty-one; the Act entitled An Act to amend an Act entitled an Act relating to elections, and the mode of supplying vacancies, approved November twenty-ninth, one thousand eight hundred and sixty-one, approved December nineteenth, one thousand eight hundred and sixty-two; the Act entitled An Act supplemental to and amendatory of an Act relating to elections, and the mode of supplying vacancies, approved November first, one thousand eight hundred and sixty-four, approved February twentieth, one thousand eight hundred and sixty-four; the Act entitled An Act to prevent disloyal persons from voting, approved February twentieth, one thousand eight hundred and sixty-four, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed. |
Violations to be presented to Grand Jury. Acts repealed. |
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Chap. CVIII.An Act relating to Officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be elected the following officers, to wit: First-A Governor and Lieutenant-Governor. Second-Two United States Senators. Third-As many members of the House of Representatives of the United States as this State may be entitled to. Fourth-As many Presidential Electors as this State may be entitled to. Fifth-Three Justices of the Supreme Court. Sixth-One District Judge for each Judicial District into which the State is divided by law. Seventh-Senators and Members of the Assembly. Eighth-A Secretary of State, State Treasurer, State Controller, Attorney-General and Surveyor-General. Ninth-A Clerk of the Supreme Court. Tenth-A State Superintendent of Public Instruction. Eleventh-For each county, one County Clerk, who shall be ex officio Clerk of the Board of County Commissioners, and also Clerk of the District Court of his county; one Sheriff; one District Attorney; one Public Administrator, who shall be ex officio Coroner; one Assessor; one Treasurer; one County Surveyor; |
What officers to be elected. |
κ1866 Statutes of Nevada, Page 232 (CHAPTER 108)κ
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To be appointed.
Who eligible to office.
Presidential electors.
Time and manner of election.
Notice of election, how given.
When and where to convene. |
Surveyor; one County School Superintendent; three County Commissioners, except in counties having a voting population of four thousand, and upwards, and in those counties five; one County Recorder, who shall be ex officio County Auditor; Justices of the Peace and Constables. The following officers shall be appointed, to wit: Notaries Public, Commissioners of Deeds for the respective States and Territories of the United States and foreign countries, and all the officers which are not elective.
qualifications of officers.
Sec. 2. No person, who is not a qualified elector, shall be eligible to any office of honor, profit or trust, in and under the government and laws of this State. No person shall be eligible to the office of Governor, Lieutenant-Governor, Judge of the Supreme Court, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-General, Superintendent of Public Instruction, who, at the time of such election, has not attained the age of twenty-five years and been a citizen resident of this State for two years next preceding the election; and to the offices of Clerk of the Supreme Court, State Senator or Assemblyman, who, at the time of such election, has not attained the age of twenty-one years, and been a citizen resident of this State one year next preceding the election. Any person over the age of twenty-five years shall be eligible to the office of District Judge, who is a qualified elector of the State and district in which he resides.
of the election of presidential electors and the time and manner thereof.
Sec. 3. In each year when the election of President and Vice President of the United States is to take place, there shall be chosen as many electors of President and Vice President, as this State may be entitled to at the time of such election. Sec. 4. The qualified voters of the State shall meet at the places designated for holding the general election, in the different counties of the State, on the Tuesday next after the first Monday of November, in each year, when the election of President and Vice President is to take place, unless the Congress of the United States shall appoint a different day, and in that case, on such day as Congress shall appoint, and shall proceed to elect as many persons as the State shall then be entitled to elect as electors of President and Vice President. Sec. 5. Notice of the election of electors shall be given in the same manner as notice is required to be given of other elections, and the election thereof made in the same manner as is prescribed by law in regard to the election of Representatives in Congress. Sec. 6. The electors so chosen shall convene at the seat of government on the third Wednesday in December next after their election, at two oclock in the afternoon, and in case of the death or absence of any elector so chosen, or in case the number of electors shall, from any cause, be deficient, the electors then present shall, forthwith, elect from the citizens of the State, so many persons as shall supply the deficiency. |
κ1866 Statutes of Nevada, Page 233 (CHAPTER 108)κ
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ors then present shall, forthwith, elect from the citizens of the State, so many persons as shall supply the deficiency. Sec. 7. The electors, when convened, shall, on said third Wednesday in December, vote by ballot for one person for President, and one person for Vice President of the United States, one of whom at least shall not be an inhabitant of this State. They shall name in their ballots the persons voted for as President, and in distinct ballots, persons voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes given for each, which list they shall sign and certify and transmit, sealed up, to the seat of government of the United States, directed to the President of the Senate; and they shall, in all respects, proceed conformably to the Constitution of the United States, and the laws of the United States in this behalf provided.
of the election of representatives in congress, and the times and manner thereof.
Sec. 8. At the general election in the year one thousand eight [hundred] and sixty-six, and at the general election in each second year thereafter, there shall be elected such number of Representatives to the Congress of the United States as the State of Nevada may be entitled to.
of times of election and terms of state and county officers, except precinct officers.
Sec. 9. The Governor, Lieutenant-Governor, Secretary of State, Justices of the Supreme Court, State Treasurer, State Controller, Attorney-General, Surveyor-General, Clerk of the Supreme Court, and State Superintendent of Public Instruction, shall all be elected by the qualified electors of the State; Members of the House of Representatives of the United States, District Judges, District Attorneys, Senators, Members of the Assembly, County Commissioners, County School Superintendents, Sheriffs, County Clerks, Public Administrators, Recorders, Assessors, County Treasurers, and County Surveyors, shall be elected by the qualified electors of their respective districts or counties. Justices of the Peace and Constables shall be elected by the qualified electors of their respective precincts or townships. Sec. 10. The Governor, Lieutenant-Governor, Secretary of the State, State Controller, State Treasurer, Attorney-General, and Surveyor-General, shall be chosen at the general election of the year one thousand eight hundred and sixty-six, and every fourth year thereafter, and shall hold their office for the term of four years from the time of their installment, and until their successors shall be qualified; and all of said officers, excepting the Surveyor-General, shall keep their office and reside at the seat of government. Sec. 11. One Justice of the Supreme Court shall be chosen by the qualified electors of the State, at the general election of the year one thousand eight hundred and sixty-six, and one every second year thereafter, and shall hold his office for the term of six years from the first Tuesday after the first Monday in January next after his election. |
To vote by ballot for President and Vice President.
Election of Representative in Congress.
State and county officers, by whom elected.
State officers when chosen and term of office.
Justices of Supreme Court, when chosen, etc. |
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Clerk of the Supreme Court.
Superintendent of public instruction.
District Judges.
Assemblymen.
Senators.
County officers.
Township officers. |
every second year thereafter, and shall hold his office for the term of six years from the first Tuesday after the first Monday in January next after his election. Each Justice hereafter elected or appointed shall be commissioned by the Governor, and before entering upon the discharge of his duties, shall take the constitutional oath of office. The senior Justice in commission shall be Chief Justice, and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice. Sec. 12. At the general election in the year one thousand eight hundred and sixty-six, and at the general election every four years thereafter, the Clerk of the Supreme Court shall be chosen by the qualified electors of the State, and shall hold his office for the term of four years from the first Tuesday after the first Monday in January next after his election, and until his successor is qualified. Sec. 13. At the general election in the year one thousand eight hundred and sixty-six, and at the general election every four years thereafter, the State Superintendent of Public Instruction shall be chosen by the qualified electors of the State, and shall hold his office for the term of four years from the first Monday of January next after the election, and until his successor is qualified. Sec. 14. District Judges shall be chosen by the qualified electors of their respective districts at the general election of the year one thousand eight hundred and sixty-six, and shall hold their offices for the term of four years from the first Monday of January next after their election. Sec. 15. The members of the Assembly shall be chosen by the qualified electors of their respective districts, at the general election of the year one thousand eight hundred and sixty-six, and shall hold their office for the term of two years from the day succeeding such election. Sec. 16. The Senators shall be elected by the electors of their respective districts, at the general election in the year one thousand eight hundred and sixty-six, and every two years thereafter, and shall hold their offices for four years from the day succeeding such general election. Sec. 17. County Clerks, Sheriffs, County Assessors, County Treasurers, District Attorneys, County Surveyors, County Recorders, County School Superintendents, County Commissioners, and Public Administrators, shall be chosen by the electors of their respective counties, at the general election in the year one thousand eight hundred and sixty-six, and at the general election every two years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.
election of justices of the peace and constables.
Sec. 18. The Board of County Commissioners, of each county, shall, from time to time, as the public good may require, divide said county into a convenient number of townships, and shall cause such division to be published. For each of such townships one Justice of the Peace shall be elected. |
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The Constables of the several townships of the State shall be chosen at the general election of the year one thousand eight hundred and sixty-six, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and shall hold their offices for the term of two years thereafter, until their successors are elected and qualified. Justices of the Peace of the several townships of the State shall be chosen at a general election, to be held for that purpose, on the Tuesday after the first Monday in November, in the year eighteen hundred and sixty-six, who shall hold their offices from the expiration of the term of the present incumbents until the first Monday of January, A. D. 1869, and until their successors are elected and qualified. Sec. 19. When any Justice of the Peace, in the formation of a new township, shall be brought within the limits thereof, he shall be one of the Justices of the Peace allowed to such new township, and shall continue in office until the expiration of the term for which he was elected. Sec. 20. If, by annexing a part of one township to another, there should be more than the proper number of Justices within the limits of the townships to which such addition shall have been made, any Justice of the Peace brought within such township shall, notwithstanding, hold and exercise his office therein until the expiration of his term of office, but no successor shall be elected to fill any vacancy in said office which may be occasioned by the expiration of said term, or otherwise. And whenever any township, in consequence of a part being taken to from a new township, or to be annexed to any other township, shall be deprived of its proper number of Justices of the Peace, the vacancy thus produced shall be supplied, as in other cases. Sec. 21. When any Constable, by the formation of a new township, shall be brought within the limits thereof, he shall continue to act as Constable to such new township, and shall continue in office until the expiration of the term for which he was elected.
oath and bond of office.
Sec. 22. Members of the Legislature, and all officers, executive, judicial and ministerial, shall, before entering upon the duties of their respective offices, provide the official bond required by law, when such bond shall be required, and take and subscribe to the official oath. All officers elected, except Senators and Representatives, shall qualify, and execute and deliver their official bonds, (when required,) as above provided, prior to the Tuesday after the first Monday in January ensuing their election; and all officers appointed to fill vacancies, in the cases provided by law, shall qualify and give bond (when required,) within thirty days from the time of their appointment. The term of office of all office[r]s elected or appointed shall begin from the time of their qualification, unless some other express provision is made by law. Sec. 23. Said oath, except in cases specified in the next two sections, shall be endorsed on the commission or certificate of election of such officer, and signed by him, and certified by the officer before whom such oath or affirmation shall have been taken. |
New township.
Same.
Same.
Oath and bond.
Oath to be endorsed on commission. |
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Members of the Legislature.
Governor and Lieut. Governor.
Before whom oath may be taken.
Oath to be taken at the time of reception of commission. Deputies.
Commissions of officers, how issued.
Certificates of election and commissions.
Election and qualification to be certified to Secretary of State.
Vacancies, to be certified. District Officers to file duplicate oath. |
officer before whom such oath or affirmation shall have been taken. Sec. 24. Member of the Legislature shall take and subscribe to the official oath before they assume their seats as such members, and an entry thereof shall be made on the journal of the proper house. Sec. 25. The Governor and Lieutenant-Governor shall, respectively, take the official oath, in the presence of both houses of the Legislature, met in Convention for that purpose, and an entry thereof shall be made on the journals of said houses. Sec. 26. The oath shall be taken, and, except in the cases prescribed in the two next preceding sections, may be subscribed before any Judge of the Supreme or District Court or Clerk thereof, County Clerk, Notary Public, or Justice of the Peace, unless otherwise directed by law. Sec. 27. It shall be the duty of every officer, whose oath of office is required to be endorsed on his commission or certificate of election, to take and subscribe said oath at the time of the reception of his said commission or certificate. Sec. 28. When any officer is authorized, or required, by law, to appoint a deputy, such deputy, before he shall proceed to act, shall take the same oath as his principal.
commissions and certificates of elections.
Sec. 29. All commissions of officers shall be in the name and by the authority of the State of Nevada, and shall be sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State. Sec. 30. Members of the Legislature, and all county and precinct officers elected by the people, shall receive certificates of election from the Boards of County Commissioners of their respective counties, and all State officers shall receive their commissions from the Governor. Sec. 31. It shall be the duty of the Clerk of the Board of County Commissioners of each county in this State, within ten days after the election or appointment and qualification of any county officer, (authorized by law to take acknowledgments or administer oaths,) or Justice of the Peace, in their county, to certify, under seal, to the Secretary of State, (stating the election or appointment and qualification of any such officer,) which certificate shall be filed in the office of the Secretary of State, as evidence of the official character of such officers. Said Clerk shall, also, within ten days after a vacancy has occurred in any county office, or office of Justice of the Peace, (by resignation or otherwise,) certify to the Secretary of State the fact of such vacancy. Each district officer, authorized by law to take acknowledgments or administer oaths, shall, within ten days after entering upon the discharge of the duties of his office, file a duplicate certificate of his official oath in the office of the Secretary of State, which certificate shall be evidence of the official character of such officer; and all resignations of any officer, required to be made to the Governor, shall be by him filed in the office of the Secretary of State. |
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Sec. 32. Any officer elected or appointed to fill any vacancy shall be commissioned, or receive a certificate of election or appointment to such office.
of resignations.
Sec. 33. Any person who shall receive a commission, or a certificate of his election or appointment, shall be at liberty to resign such office, though he may not have entered upon the execution of its duties or taken the requisite oath of office; and when any vacancy shall occur in the office of member of the Senate or Assembly, by death, resignation, or otherwise, and a session of the Legislature is to take place before the next general election, the Governor shall issue a writ of election, directed to the Board of County Commissioners of the county, or district, in which such vacancy shall occur, commanding such Board to notify the several Inspectors in their county, or district, to hold a special election, to fill such vacancy or vacancies, at a time appointed by the Governor. Sec. 34. Resignations of office shall be made as follows, to wit: First-The Governor and Lieutenant-Governor shall transmit their resignations to the Legislature, if in session; and if not in session, then to the Secretary of State. Second-All State officers, commissioned by the Governor or elected by the Legislature, (except the officers of that body,) shall resign their commissions to the Governor. Third-Members of the Legislature, when the[y] resign their seats, shall deliver their resignations to the Governor, and he shall immediately order an election to fill such vacancy. Fourth-By all county officers, (except District Judges, and they to the Governor,) to the Board of County Commissioners of their respective counties. Fifth-By all other officers, holding office by appointment, to the officer, body or board that appointed them.
of vacancies.
Sec. 35. Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office: First-The death or resignation of the incumbent. Second-The removal of the incumbent from office. Third-The confirmed insanity of the incumbent, found upon a commission of lunacy, issued to determine the fact. Fourth-A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond. Fifth-A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section twenty-two of this Act; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law. Sixth-The ceasing of the incumbent to be a resident of the State, district, county, city, or precinct, in which the duties of his office are to be exercised, or for which he shall have been elected or appointed. Seventh-The ceasing of the incumbent to discharge the duties of his office for the period of three months, except when prevented by sickness, or by absence from the State, upon leave, as provided by law. Eighth-The decision of a competent tribunal, declaring the election or appointment void or the office vacant. |
Commission or certificate.
Resignations and vacancies.
Vacancies, how occasioned. |
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Member of Legislature.
Removal.
When declared vacant.
Cause of vacancy to be certified to Governor or Commissioners.
Vacancies, how supplied
When temporary appointment may be made. |
decision of a competent tribunal, declaring the election or appointment void or the office vacant. Sec. 36. But when a vacancy shall occur in the office of a member of the Legislature during the session thereof, such vacancy shall be notified to the Governor, by the presiding officer of the house in which such vacancy shall have occurred. Sec. 37. Whenever any officer shall be removed from office on impeachment and conviction, as declared in the Constitution and laws of this State, it shall be the duty of the Secretary of the State to transmit a certified copy thereof to the officer (as the case may be) whose duty it shall be to order an election, or make an appointment to supply the vacancy caused by the removal of such officer from office. Sec. 38. The Governor shall declare vacant the office of every State officer, and the office of District Judge; and the Board of County Commissioners shall declare the office of every county officer, except the District Judge, required by law to execute an official bond, whenever a final judgment shall be obtained against such officer for a breach of the conditions of such bond, or whenever such officer shall be finally convicted of a felony, or any offense involving a violation of his official oath. Sec. 39. Whenever a vacancy occurs in any office, as specified in this Act, (except in cases of resignations made to the Governor, or Legislature, or Board of County Commissioners, in which cases it is the duty of the Governor, and such Boards of County Commissioners, to issue a writ of election, or make an appointment to fill such vacancy, as the case may be), the Secretary of State, or Clerk of the Board of County Commissioners of the county where such officer exercised the duties of his office, if confined to a single county; and, if not thus confined, then the Clerk of the Board of County Commissioners, where such officer last resided, previous to the occurring of such vacancy, shall certify to the Governor, or such Board of County Commissioners, the cause of such vacancy, and if such vacancy occurs from the confirmed insanity of the incumbent, or from his conviction of a felony, or an offense involving a violation of his official bond or oath, the Secretary of State, or Clerk of such Board of County Commissioners, shall also accompany their certificate by a certified copy of a judgment found upon the commission of lunacy, or a certified copy of the record of conviction for such felony or offense, as the case may be.
of supplying vacancies.
Sec. 40. Whenever a vacancy shall occur, during the recess of the Legislature, in any office which the Legislature are [is] authorized to fill by election, or which the Governor, subject to confirmation by the Senate, is authorized to fill, the Governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties such office. Sec. 41. When, at any time, there shall be in either of the county or precinct offices (except the office of District Judge) no officer duly authorized to execute the duties thereof, some suitable person may be temporarily appointed by the Board of County Commissioners to perform the duties of such offices, |
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County Commissioners to perform the duties of such offices, until they are filled by election or appointment, as provided by law; provided, that in case there is no Board of County Commissioners in such county, the Governor may, on notice of such vacancy, create or fill such Board. Sec. 42. Any person so appointed, in pursuance of either of the last two preceding sections shall, before proceeding to execute the duties assigned him, qualify in the same manner as required by law of the officer in whose place he shall be appointed; and he shall continue to exercise and perform the duties of the office to which he shall be so appointed, until the election of his successor, at the next session of the Legislature, or the next general election, and the qualification of such successor thereafter. Sec. 43. In case of the impeachment of the Governor, or his removal from office, death, or inability to discharge the powers and duties of the office, resignation, or absence from the State, the powers and duties shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military forces of the State. Sec. 44. If, during the vacancy in the office of the Governor, the Lieutenant-Governor shall die, be impeached, displaced, resign, or become incapable of performing the duties of his office, or be absent from the State, the President pro tem. of the Senate shall act as Governor, until the vacancy shall be filled, or the disability shall cease. Sec. 45. Whenever the government is administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for that occasion. Sec. 46. Vacancies that may occur in office, the appointment of which is vested in the Governor and Senate, or in the Legislature, shall be filled by the Governor during the recess of the Legislature, by granting commissions which shall expire whenever the Governor and Senate, or the Legislature, shall appoint a person or persons to fill said offices. Sec. 47. It shall be the duty of the Governor to lay before the Legislature, at the earliest day practicable, a statement of all appointments made by him, since the preceding session, to fill vacancies. Sec. 48. Whenever any vacancy shall occur in the office of Justice of the Supreme Court, or District Judge, or any State officer, the Governor shall fill the same by granting a commission, which shall expire at the next general election by the people, and upon the qualification of his successor, at which election such officers shall be chosen for the balance of the unexpired term. Sec. 49. When any vacancy shall exist or occur in the office of County Clerk, or in any other county or township office, except the office of District Judge, the Board of County Commissioners shall appoint some suitable person to fill such vacancy until the next general election. |
Proviso.
To qualify.
When powers of Governor may devolve on Lieut. Governor.
When President pro tem. of Senate to act as Governor.
When Senate to elect a President.
Vacancies to be filled by Governor during recess of Legislature.
Vacancies, to be filled by the Governor
Vacancies in county or township offices, how filled. |
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Bribery of Judge, Justice or member of the Legislature.
Punishment.
Persons giving, or officers receiving bribe.
Punishment.
Attempting to bribe officers. |
Of Penalties for Bribery, Extortion, Embezzlement, Misconduct in Office, and to Enforce Official Duty.
first-of bribery.
Sec. 50. If any person or persons shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present, reward, or any other thing, to obtain or procure the opinion, judgment or decree of any Judge, or Justice of the Peace, acting within this State, or to corrupt, induce such Judge or Justice of the Peace to be more favorable to one side than the other, in any suit, matter or cause, depending, or to be brought before him or them, or shall, directly, give any sum or sums of money, present or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present or reward, or any other thing, to obtain, procure or influence any member of the Legislature, or to incline, induce or influence any such member of the Legislature to be more favorable to one side than to the other, on any question, election, matter or thing pending or to be brought before the Legislature, or either House thereof, the person so giving any money, bribe, present or reward, promise, contract, obligation or security, with the intent, and for the purpose aforesaid; and the Judge, Justice of the Peace, or Member of the Legislature, who shall receive or accept the same, shall be deemed guilty of bribery, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than eleven years, and shall be disqualified from holding any office of honor, trust or profit, in this State. Sec. 51. If any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment of any present or reward, or any other thing, to any Judge, Justice of the Peace, Sheriff, Clerk, Constable, Public Administrator, Jailer, Attorney-General, District or City Attorney, Member of the Legislature, or other officer, ministerial or judicial, (but such fees as are allowed by law,) the person so giving, and the officer so receiving, any money, bribe, present, reward, promise, contract, obligation or security, shall be deemed guilty of bribery, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than eleven years, and shall be disqualified to hold any office of honor, trust, or profit, in this State. Sec. 52. Every person who shall offer or attempt to bribe any member of the Legislature, Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, Jailer, Attorney-General, District or City Attorney, or other ministerial or judicial officer, in any of the cases mentioned in the two preceding sections, and every member of a Legislature, Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, Jailor, Attorney-General, District or City Attorney, or other ministerial or judicial officer who shall propose or agree to receive any bribe, |
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other ministerial or judicial officer who shall propose or agree to receive any bribe, in any of the cases mentioned in either of the two preceding sections, shall, on conviction, be imprisoned in the State Prison for a term not less than one, nor more than seven years, and shall be disqualified to hold any office of honor, trust or profit in this State.
second-of extortion.
Sec. 53. If any Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, or other officer of this State, ministerial or judicial, shall willfully charge and receive any fee or reward, larger than is allowed by law to do, or execute his duty as such officer, or if any such officer shall willfully or corruptly ask or demand, as a condition precedent to the performance of his duty as such officer, any fee or reward, except such as are allowed by law, every such officer so offending shall be deemed guilty of extortion, and, on conviction thereof, shall be fined in any sum not less than two hundred dollars, nor more than one thousand dollars, and removed from office.
third-of embezzlement.
Sec. 54. Every servant, officer or person employed in any public department, station or office of the Government of this State, or of any county, city or town, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, goods, chattels, effects, book or books of record, or of account, bond or bonds, bank bill or notes, or any other writing or security for the payment of money or property, of whatever description it may be, being the property of the said State, county, city, town or corporate body, shall, on conviction thereof, be punished by imprisonment in the State Prison for a term not less than one, nor more than eleven years. Sec. 55. If any officer or person who now is, or hereafter may be, intrusted by law to collect, disburse, receive or safely keep any money or moneys, revenue or revenues, belonging to this State, to the school fund of the State, to the school fund of any county, city or town, to any county, city or town in this State, to any canal, turnpike or railroad fund of this State, or to any fund for the improvement of any public road, river, creek, or other water course bordering on or within this State, or to any other fund now being, or hereafter to be, established by law for public purposes, who shall fail or refuse to pay over all moneys, warrants, bills, notes and orders which any such officer or person shall receive for disbursement, and has not disbursed, or shall collect, or shall receive, for safe keeping, belonging to this State, to any county, city or town of this State, or to any such fund, as aforesaid, when such officer or person shall be thereto required by law, and demand duly made by the successor or successors of such officer or person in office, or by the officer or person to whom such money, warrants, bills, notes or orders ought, by law, to be paid over to his or their attorney or agent, duly authorized in writing, signed and acknowledged, |
Punishment.
Extortion.
Punishment.
Embezzlement by public officer
Punishment.
Officer refusing to pay over public funds. |
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Punishment. Proviso.
Embezzlement.
Punishment.
Misconduct by Clerk or Inspector of election. |
acknowledged, if such demand be practicable, every such officer or person shall be deemed guilty of embezzlement, and, on conviction thereof, be punished by imprisonment in the State Prison for a term not less than one, nor more than five years; provided, that no person shall be imprisoned in the State Prison, under this section, unless the money not paid over shall amount to one hundred dollars; or if it appear that such failure or refusal shall be occasioned by unavoidable accident or loss. Every person convicted under the provisions of this section shall forever, thereafter, be disqualified from holding any office of honor, trust or profit in this State. Sec. 56. If any officer of this State, or of any county, city, town, or corporation, in this State, charged with the safe keeping, transfer or disbursement of public moneys, or moneys of such corporation, shall convert to his own use, in any manner whatever, or shall use, by the way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of such moneys, bonds, or other evidence of indebtedness, of the State, county, city, town, or corporation, intrusted to him for safe keeping, transfer, disbursement, or any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be a felony; and the neglect or refusal to pay over, on demand, any such moneys in [his] hands, upon the presentation of a draft, or order, or warrant, drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer or disburse any such moneys, promptly, according to law, on the legal requirements of any officer authorized to make such requirements, shall be prima facie evidence of such conversion to his own use of such moneys as may be in his hands. All persons advising, or knowingly and willfully practicing, such embezzlement, upon being convicted thereof before any Court of this State of competent jurisdiction, shall, for every such offense, forfeit and pay to the State, county, city, town, or corporation, a fine equal to the amount embezzled, and shall suffer imprisonment in the State Prison for a term not less than one nor more than five years, and shall forever thereafter be disqualified from holding any office, of honor, trust or profit, in this State.
fourth-of misconduct in office.
Sec. 57. If any Inspector or Clerk of an election shall, previous to putting the ballot of any elector in the ballot box, and without the consent of such elector, attempt to pry into and find out any name or names on such ballot, which shall have been handed in by said elector in a folded form; or if any Inspector or Clerk of any election shall open, or suffer the folded ballot of any elector, which has been handed in to the Board of Inspectors, to be opened or examined into, without the consent of such elector, previous to putting the same into the ballot box; or, if any Inspector or Clerk of any election, or any registry agent, or any other person, during the time of the canvassing of the votes polled, or subsequent thereto, or at any other time, |
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other time, shall, without the consent of such elector, compare the number of any vote polled, or suffer any one else to do so, with the corresponding number on the poll book, for the purpose of ascertaining how any elector voted, or if any Inspector or Clerk of an election, or any registry agent, having intentionally or unintentionally discovered the name or names of any person or persons voted for by any elector, at any election, and shall disclose the same, any such Inspector or Clerk of any election, registry agent, or person so offending, upon conviction thereof, shall be fined in any sum not less than fifty, nor more than five hundred dollars. Sec. 58. If any Inspector or Clerk of any election, while acting as such, shall induce, or attempt to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector shall intend or desire to vote, such officer so offending shall, upon conviction thereof, be fined in any sum not less than fifty, nor more than five hundred dollars. Sec. 59. If the Secretary of State, or any Inspector, Clerk of any election, Register, or any other officer, on whom any duty is enjoined by this Act, shall be guilty of any willful neglect of such duty, or of any fraudulent or corrupt conduct in the execution of any such duty, he or they so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, to which may be added imprisonment in the county jail, not exceeding one year. Sec. 60. It is hereby made the duty of the Secretary of State, after the expiration of thirty days from and after each election of Governor, Lieutenant-Governor, Representatives in Congress, and State and county officers, to certify to the proper District Attorneys any and all failures and omissions of the Boards of County Commissioners, and their clerks and other officers, in their respective counties, to comply with the provisions of this Act, in returning, or certifying the returns or certificates of any such election, to the office of the Secretary of State, and every such certificate of the Secretary of State, sealed with the State Seal, shall be sufficient presumptive evidence of any such failure or omission herein specified. Sec. 61. If any Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Recorder, or any other public officer, or any other person whatsoever, shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract, or shall, knowingly or willfully, take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface or falsify any minute, document, book, or any proceedings whatever, of or belonging to any public office within this State, the offending, and being thereof duly convicted, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than eleven years, and be fined in any sum not exceeding five thousand dollars. Sec. 62. Every Sheriff or Jailer, or person, who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody, shall be fined in any sum not exceeding two thousand dollars, and be removed from office. |
Punishment.
Same.
Willful neglect or corrupt conduct by officer. Punishment.
Duty of Secretary State when failure to receive returns.
Stealing, altering or defacing records.
Punishment. |
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Inhumanity to prisoners.
Refusing to deliver records.
Punishment.
Obstructing officers in service of process.
Punishment.
Escape, voluntarily permitting.
Punishment,
Officer permitting escape before conviction. Punishment. |
under his care or custody, shall be fined in any sum not exceeding two thousand dollars, and be removed from office. Sec. 63. If any officer, whose office shall be abolished by law, or who, after the expiration of the term for which he may be appointed or elected, or after he shall have resigned, or when legally removed from office, shall, willfully or unlawfully, withhold or detain from his successor, or other person entitled thereto by law, the records, papers, documents, or other writing appertaining or belong to his office, or mutilate, destroy or take away the same, the person so offending shall, on conviction thereof, be punished by imprisonment in the State Prison for a term not less than one, nor more than eleven years. The provisions of this section shall apply to any person or persons who have such records, documents, papers or other writings in his, her or their possession, and shall willfully mutilate, withhold or detain the same, as aforesaid. Sec. 64. If any person shall, knowingly and willfully, obstruct, resist or oppose any Sheriff, Deputy Sheriff, Public Administrator, Constable, Marshal, Policeman or other officer of this State, or other person duly authorized, in serving or attempting to serve any legal process or order of any Court, Judge or Justice of the Peace, or any other legal process whatever, or shall assault or beat any such officer or person duly authorized, in serving or executing, or attempting to serve or execute, any order of process, as aforesaid, or for having served or executed it, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five thousand dollars, or imprisonment in the State Prison for a term not less than one, nor exceeding seven years; provided, that any officer or person whatsoever who may or shall assault or beat any individual, under cover of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment. Sec. 65. If any Sheriff, Deputy Sheriff or Jailer, or any person employed by them as a guard, shall fraudulently contrive, procure, aid, connive at, or otherwise voluntarily suffer the escape of any convict in his or their custody, every such person or persons, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor exceeding eleven years, and be found [fined] in a sum not exceeding ten thousand dollars. Sec. 66. If any Sheriff, Public Administrator, Jailer, keeper of a prison, Constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending shall, on conviction thereof, be fined in any sum not exceeding five thousand dollars and imprisonment in the State Prison not less than one, nor exceeding seven years; provided, that if such person be in custody charged with murder, or other capital offense, then such officer or person suffering or permitting such escape shall be punished by imprisonment in the State Prison for any term not less than one, nor more than eleven years. A negligent escape of a person charged with criminal offense, before conviction, from the custody of any of the aforesaid officers, shall be punished by imprisonment in the State Prison for a term not less than one, nor exceeding seven years, or shall be fined in a sum not less than one thousand, nor exceeding five thousand, dollars. |
κ1866 Statutes of Nevada, Page 245 (CHAPTER 108)κ
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by imprisonment in the State Prison for a term not less than one, nor exceeding seven years, or shall be fined in a sum not less than one thousand, nor exceeding five thousand, dollars. Sec. 67. If any Sheriff, Public Administrator, Keeper of a jail, Constable, or other officer, shall willfully refuse to receive or arrest any person charged with criminal offense, such Sheriff, Public Administrator, Jailer, Constable, or other officer, so offending shall, on conviction thereof, be fined in any sum not less than one thousand, nor exceeding five thousand dollars, or imprisonment in the State Prison not exceeding five years, and removed from office. Sec. 68. If any Justice of the Peace or Constable of the same precinct shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of such Justice, or any docket in his possession, he shall, upon conviction thereof, be fined for each and every offense so convicted of, in any sum not less than one hundred, nor more than one thousand, dollars. Sec. 69. Every person holding or exercising any office under the laws or Constitution of this State, who shall, for any reward or gratuity paid, or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office (except his lawful deputies), shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding five thousand dollars, and shall be removed from office; and every such person who shall so give, or make any such agreement to give, any reward or gratuity, in consideration of such grant or authority, shall, upon conviction thereof, be fined in any sum not less than five hundred, nor exceeding five thousand, dollars. Sec. 70. If any Judge, Justice of the Peace, Sheriff, or other officer, bound to preserve the public peace, shall have knowledge of an intention, on the part of any two persons, to fight with a deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties, and prevent the deed, every such officer shall be fined in a sum not exceeding one thousand dollars. Sec. 71. The State Treasurer and Controller, the several county, city or town corporation officers of this State, are hereby expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any State, county or city warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the State, or any county, city or town thereof; and any such officer, for each and every offense so convicted of, shall be punished by fine not less than five hundred, nor more than one thousand dollars, and shall be imprisoned in the State Prison for a term not less than two months nor more than two years; such conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this State. Any person giving information which shall lead to the conviction of any person, under the provisions of this section, shall be entitled to receive one half of the fine adjudged against and collected from such officer. |
Officer refusing to receive or arrest.
Punishment.
Purchasing judgment.
Selling office.
Punishment.
Officers not preventing duel.
Purchasing warrants and scrip.
Punishment. |
κ1866 Statutes of Nevada, Page 246 (CHAPTER 108)κ
|
Purchasing evidence of indebtedness
Punishment.
Fines to be for use of county. Provisions of foregoing sections, how construed.
Unlawful for officer to be interested n contract.
Same.
Contracts may be declared void |
Sec. 72. The State Treasurer and Controller, all county, city or town corporation officers, are prohibited from purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidence of indebtedness, against the State, county, city or town corporation thereof, either directly or indirectly; nor shall any clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any county, city or town corporation indebtedness, be allowed to make any such purchase, sale or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any State, county, city or town corporation warrants, scrip, demands or other evidence of indebtedness, against the State, or any county, city or town corporation thereof. Any person guilty, and convicted of a violation of any of the provisions of this section, shall be punished for each and every offense so convicted of, as provided in the foregoing section. Sec. 73. All fines collected under the provisions of said sections shall be for the use of the county, except as above provided. Sec. 74. The provisions of said sections shall not be construed so as to prohibit any State officer from purchasing or selling county or city warrants, or any county or city officer from purchasing the warrants of the State, or of any other city or county, or to prevent any State, county or city officer from selling or transferring such warrants or scrip as he may receive for his services, but note other. Sec. 75. It shall not be lawful for any officer of State, or member of the Legislature, Alderman or member of the Common Council of any city in this State, or for the Trustees of any city, town or village, or for any County Commissioners of any county, to become a contractor under any contract or order for supplies, or any other kind of contract, authorized by or for the State, or any department thereof, or the Legislature, or either branch thereof, or by or for the Aldermen or Common Council, Board of Trustees, or Board of County Commissioners of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized. Sec. 76. It shall not be lawful for any town, city, county or State officer, or member of the Legislature, to be interested in any contract made by such officer, or Legislature of which he is a member, or be a purchaser, or be interested in any purchase of a sale made by such officer in the discharge of his official duties. Sec. 77. All contracts made in violation of the provisions of the two preceding sections (or either of them) of this Act, may be declared void, at the instance of the State, city, town or village, or county interested, or of any other party interested, in such contract, except the officers prohibited in said sections from making or being interested in such contract. |
κ1866 Statutes of Nevada, Page 247 (CHAPTER 108)κ
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Sec. 78. Any person violating the provisions of sections seventy-five and seventy-six, (or either of them), of this Act, directly or indirectly, shall forfeit his office, and shall be punished by fine, not less than five hundred, nor more than five thousand dollars, or by imprisonment.
fifth-of official duty.
Sec. 79. It shall be the duty of all civil and peace officers in this State to be vigilant in carrying the provisions of section forty, of the Act concerning crimes and punishments, approved November 26, 1861, into full force and effect; as well also as all grand juries, to inquire into, and make presentments of, each and every offense under said section, which shall come under or within their knowledge. It shall be, and is hereby made the duty of all Judges in this State to give said section in charge to the grand juries at each term of their respective Courts; and, also, to all trial juries, empanneled for the trial of any of the offenses mentioned in said section. Sec. 80. If any person who has been sentenced to confinement in the State Prison, by any Court having competent authority within this State, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the Governor is authorized and required, upon satisfactory evidence of the guilt of the accused, to offer a reward for his apprehension, which reward shall not exceed the sum of five thousand dollars, and shall be paid out of the general fund. Sec. 81. If any officer in the execution of his office, in a criminal case, having legal process, be resisted and assaulted, he shall be justified if he kill the assailant. If any officer or private person attempt to take a person charged with felony, and he be resisted in the endeavor to take the person accused, and to prevent the escape of the accused, by reason of such resistance, he or she be killed, the officer or private person so killing shall be justified; provided, that such officer or private person, previous to such killing, shall have used all reasonable efforts to take the accused without success, and that from all probability there was no prospect of being able to prevent injury from such resistance and the consequent escape of such person. Sec. 82. The mayor or other officer having the direction of the police in a city, town or village, shall order a force sufficient to keep the peace, to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended. Sec. 83. When a Sheriff, or other public officer authorized to execute process, shall find, or have reason to apprehend that resistance will be made to the execution of his process, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors to be punished according to law. |
When may forfeit office.
Duties.
Reward.
Officer justified in killing.
Proviso.
Mayor to order police force.
Officer may command assistance when resistance is apprehended |
κ1866 Statutes of Nevada, Page 248 (CHAPTER 108)κ
|
Officer to certify to the Court the names of registers. Persons refusing to obey officer.
Governor may order military force.
Riotons assemblage.
May be arrested.
Persons neglecting to aid magistrate.
Officer refusing to use authority to suppress riot.
Officer may command aid.
Armed force to obey order of officer.
Officers may call out troops. |
Sec. 84. The officer shall certify to the Court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of Court. Sec. 85. Every person commanded by a public officer to assist him in the execution of process, as provided in section eighty-three, who shall, without lawful cause, refuse or neglect to obey the command, shall be deemed guilty of a misdemeanor and shall be punished accordingly. Sec. 86. If it appear to the Governor that the power of any county is not sufficient to enable the Sheriff to execute process delivered to him, he shall, on the application of the Sheriff, order such military force from any other county or counties as shall be necessary. Sec. 87. When six or more persons, whether armed or not, shall be unlawfully or riotously assembled in any city or town, the Sheriff of the county and his deputies, the Mayor and Aldermen of the city, or the Constable of the town, and the Justices of the Peace, shall go among the persons so assembled, or as near as possible, and shall command them in the name of the people of the United States and the State of Nevada, immediately to disperse. Sec. 88. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. Sec. 89. If a person so commanded to aid the magistrates or officers, neglect or refuse to do so, he shall be deemed guilty of a misdemeanor, and shall be punished accordingly. Sec. 90. If a magistrate or officer, having notice of an unlawful or riotous assembly, as provided in section eighty-seven, neglect or refuse to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same, and arresting the offenders, he shall be deemed guilty of a misdemeanor, and shall be punished accordingly. Sec. 91. If the persons so assembled, and commanded to disperse, do not immediately disperse, any magistrate or officer before mentioned, may command the aid of a sufficient number of persons, and proceed in such manner as in his judgment is necessary to disperse the assembly and arrest the offenders. Sec. 92. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the Governor, or by a Judge of a court of record, or the Sheriff of the county, or by a magistrate, or any other officer authorized by law to make such order. Sec. 93. When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the State, and the fact is made to appear to the Governor, or to a Judge of the District Court, or to the Sheriff of the county, either of those officers may issue and [an] order, directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part thereof, (describing the kind and number of troops) to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws. |
κ1866 Statutes of Nevada, Page 249 (CHAPTER 108)κ
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scribing the kind and number of troops) to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws. Sec. 94. The commanding officer to whom the order is given, shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to law. Sec. 95. When the Governor shall be satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of men, or that combinations to resist the execution or process by force, exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the District Attorney, or District Judge of the county, by proclamation, to be published in such papers as he shall direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of volunteers, or uniformed companies, or other militia of the State, as he shall deem necessary, to serve for such term, and under the command of such officers, as he shall direct. Sec. 96. The Governor may, when he shall think proper, revoke the proclamation authorized by the last section, or declare that it shall cease at such time and in such manner as he shall direct. Sec. 97. It shall, in all cases, be the duty of all officers who may be called upon to audit and allow the accounts of either State, county, city or town officers, to take and file an affidavit of said officers that they have not violated any of the provisions of this Act, and for that purpose all officers authorized by law to audit and allow accounts, are hereby empowered and required to administer oaths or affirmations, which shall have the same force and validity in all actions for perjury, as if administered by a judicial officer. Sec. 98. It shall be the duty of the State Treasurer, and the several county, city or town corporation treasurers of the State to refuse to redeem any warrants, scrip, orders or other evidence of indebtedness against the State, or any county, city or town corporation thereof, whenever it shall come to their knowledge that such warrants, scrip, or other evidence of indebtedness have been purchased, sold, received or transferred in violation of any of the provisions of this Act. Sec. 99. All public officers referred to in any of the sections of this Act, shall have the right to sell or transfer any evidence of public indebtedness which may be issued according to law, for services rendered by them to the State, county, city or town corporation, legally and justly due, and this Act shall not be deemed to prevent the purchase, sale or transfer of any funded public indebtedness whatever of the State, or of any county, city or town corporation. Sec. 100. It shall be the duty of any officer charged with the disbursement of any public moneys, or any evidence of public indebtedness, when he shall be informed by affidavit of the violation of any of the provisions of this Act, by any officer whose account is to be settled, audited or paid by him, to withhold any settlement or payment of the same and to cause said officer to be prosecuted as for a felony, as provided in the foregoing sections of this Act. |
Commanding officer to obey orders.
When Governor may declare county in insurrection.
May revoke proclamation.
Auditing accounts.
When Treasurers may refuse to redeem warrant.
May sell indebtedness for services rendered.
Officer to withhold settlement or payment. |
κ1866 Statutes of Nevada, Page 250κ
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Acts repealed.
Power granted to issue and dispose of bonds.
May borrow money.
May lease road. |
cer whose account is to be settled, audited or paid by him, to withhold any settlement or payment of the same and to cause said officer to be prosecuted as for a felony, as provided in the foregoing sections of this Act. Sec. 101. The Act entitled An Act creating offices in the Territory of Nevada, approved November 29, 1861; the Act entitled An Act to prevent certain officers from dealing in certain securities, approved December 20, 1862, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed.
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Chap. CIX.An Act to amend an Act entitled An Act to provide for the Incorporation of Railroad Companies and the Management of the Affairs thereof, and other Matters relating thereto, approved March 22, 1865.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifteen of said Act is hereby amended so as to read as follows: Section Fifteen. The Board of Directors of such company shall have power, with the concurrence of not less than two thirds of the members thereof, to issue and dispose of the bonds of such company, in denominations of not less than five hundred dollars, and at a rate of interest not exceeding ten per cent. per annum, payable at a period not exceeding thirty years from the date thereof, and to such an amount as may be necessary for the construction, repair and equipment of its railroad, and the payment of any contracts, debts or liabilities of such company, but not exceeding in all the amount of its capital stock; and to secure the payment of such bonds, they may mortgage the corporate property and franchises and the income of the railroad of such company, and may also confer on the holders of such bonds the right to convert the same into the capital stock of such company, at such time and upon such terms as the Board of Directors may impose. The Board of Directors of such company shall also have power to borrow, from time to time, upon collateral securities, or on the credit of the corporation, upon its promissory notes or other written obligations, and under such regulations or instructions as two thirds of the Board of Directors may impose, such sums of money as they may deem necessary for the construction, repair or equipment of their railroad, or to pay the contracts, debts or liabilities of such company, to an amount not exceeding, at any time, twenty-five per cent. of the capital stock of such company. Said Board of Directors shall also have power to lease the whole, or any portion of, their road to any other railroad corporation, for such term of years as they may deem proper, or to grant to any such corporation the right to use in common any portion of their road. |
κ1866 Statutes of Nevada, Page 251 (CHAPTER 109)κ
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any such corporation the right to use in common any portion of their road. Sec. 2. Section fifty seven of said Act is hereby amended so as to read as follows: Section Fifty-Seven. All railroads built by companies incorporated under the provisions of this Act, shall be constructed with tracks of the uniform width or gauge of four feet and eight and one half inches, with the best quality of iron rail, known as T rail and H rail, or other patterns of equal utility; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or towns. |
Gauge and kind of rail to be used.
Proviso. |
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|
Chap. CX.An Act to provide for the Reduction of the Number of District Judges in the First Judicial District of the State of Nevada, and for other purposes.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the expiration of the present term of office there shall be but one District Judge for the First Judicial District of this State. Sec. 2. At the general election to be held in this State on the Tuesday next after the first Monday of November, 1866, and at the general election every four years thereafter, there shall be elected, in the First Judicial District, but one District Judge, who shall hold his office for the term of four years, and until his successor is elected and qualified. The salary of such Judge shall be seven thousand dollars a year, payable quarterly, in the manner provided by law. Sec. 3. In case the amount of judicial business of the First Judicial District shall become such as, in the opinion of the Board of County Commissioners of Storey county, not to require the services of the three Judges now holding office therein, and one or more of said Judges shall be willing to resign his office, it shall be lawful for the Board of County Commissioners of said county, upon the resignation of one or more, not exceeding two, of said Judges, to audit, and for the County Treasurer of said county to pay to such Judge or Judges so resigning, out of the Judges Salary Fund of Storey county, a sum equal to fifty per cent. of the amount to which such Judge or Judges would be entitled to receive, in case he or they should continue in office until the expiration of their present term. Sec. 4. In case one or more, not exceeding two, of the present Judges of the First Judicial District, shall resign his or their office, no appointment shall be made to fill the vacancy occasioned thereby. |
Judge of First District
Time of election and term of office
Salary.
Procedure when business does not require three Judges
No appointment to be made in case of vacancy. |
κ1866 Statutes of Nevada, Page 252 (CHAPTER 110)κ
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Repeal. |
Sec. 5. All Acts, and parts of Acts, in conflict with the provisions of this Act, so far as they conflict therewith, are hereby repealed. |
________
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Public highways.
Proviso.
When work to be done by contract.
Road fund created.
Disbursing.
Manner of locating, opening, repairing, etc. |
Chap. CXI.An Act in relation to Public Highways.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All public roads, and the streets and alleys in incorporated cities or towns in this State, now used or lawfully entitled to be used as such, and all such roads, streets and alleys as the Board of Commissioners of the county in which they are situated shall hereafter lawfully cause to be opened, are hereby declared to be public highways; provided, that nothing in this Act shall be deemed or construed to relate to any toll road while the franchise continues. Sec. 2. All work hereafter done upon highways, streets or alleys, whether in opening, improving or keeping the same in repair, shall, when the probable cost of such contemplated work shall exceed one hundred dollars, be done by contracts let to the lowest responsible bidder, and public notice of at least five days shall be given, describing the work to be done, the time and place that bids will be received, and the means of paying for such work. Such bids shall be sealed, may all be rejected, and if any are accepted it shall be that of the lowest bidder who is responsible, or will give satisfactory security. In all cases of emergency, it shall be discretionary with the Board of Commissioners to let contracts for repairs, without giving the five days notice as is contemplated in this section. Sec. 3. To provide funds for paying the expenses of such work, the Board of Commissioners, at the time of levying other State and county taxes, may levy a tax not exceeding one fourth of one per cent. upon the taxable property of their county, to be assessed, collected and paid in the same manner that State and county tax is collected; and all moneys so collected shall be paid into a fund to be called the Road Fund. Sec. 4. In disbursing the moneys of such Road Fund, the Board of Commissioners shall regard the interests of each road district, distributing upon the highways most beneficial to each road district the proportion of tax by it paid. Sec. 5. If twenty-four freeholders, of any county containing one hundred or more legal voters, or twelve freeholders, of any county containing less than one hundred legal voters, shall petition the Board of Commissioners of such county for the location, opening to public use, re-establishment, change or vacation of any road or highway, to connect with any highway heretofore established, or any street or alley, in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, highway, street or alley proposed to be located, |
κ1866 Statutes of Nevada, Page 253 (CHAPTER 111)κ
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street or alley proposed to be located, opened to public use, re-established, changed or vacated, together with the names of the owners of the land through which the same may pass, the Auditor of such county shall lay said petition before the Board of County Commissioners at their next session thereafter, and thereupon such Board of County Commissioners shall, within twenty days thereafter, proceed to locate, open to public use, re-establish, change or vacate such road, highway, street or alley. Before opening any new road, street or alley through private property, it shall be condemned to public use, as follows: The board of Commissioners shall appoint two disinterested persons to view out and locate such new road, street or alley, and such two persons, in conjunction with two others chosen by any owner, or by the several owners of property to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner of such property. If such four persons cannot agree as to such damages then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the Board of Commissioner. If the owner or owners of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the Board and witnesses be examined for the State, and such owner or owners, and the decision of the Board shall be final, unless such owner or owners appeal from the decision of the Board, within thirty days after such decision, to the District Court, which he or they may do in the same manner that appeals are taken from the Justices to the District Court. Upon finally ascertaining such damages, the Board shall provide for the payment of such damages, either by the persons interested in such road, street or alley, or pay the same out of the county treasury, as other claims are paid, and after such payment is made, the Board shall then cause such road, street or alley to be opened. Sec. 6. Any person or persons who shall, in any manner, obstruct any road, street or alley, or, in any manner, injure the same, or prevent travel thereon, or who shall obstruct, dam or divert any stream or water so as to throw the same, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley, shall, upon conviction thereof, be fined in any sum not less than twenty, nor more than five hundred, dollars, and the Court before which such conviction shall be had, shall order the Sheriff, or any Constable, of the county, to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of such road, street or alley, or any obstruction from such stream, so as to allow the same to flow in its natural bed. Sec. 7. The office of Road Supervisor is hereby abolished; and an Act entitled An Act concerning roads and highways, approved November twenty-ninth, eighteen hundred and sixty-one, and all other Acts, or parts of Acts, in conflict with the provisions of this Act, are hereby repealed; provided, that nothing in this Act shall be construed to repeal any of the provisions of an Act entitled An Act to provide for the improvement of streets and alleys in unincorporated towns and villages in the State of Nevada, approved March tenth, eighteen hundred and sixty-five. |
Obstructions
Fine.
Acts repealed.
Proviso. |
κ1866 Statutes of Nevada, Page 254 (CHAPTER 111)κ
|
|
of streets and alleys in unincorporated towns and villages in the State of Nevada, approved March tenth, eighteen hundred and sixty-five. |
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|
Provisions of Act of Congress.
Powers and privileges granted. |
Chap. CXII.An Act to aid in carrying out the provisions of the Pacific Railroad and Telegraph Act of Congress, and other matters relating thereto.
[Approved March 9, 1866.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whereas, by the provisions of an Act of Congress, entitled An Act to aid in the construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military and other purposes, approved July first, one thousand eight hundred and sixty-two, and the Acts amendatory thereof, approved July second, one thousand eight hundred and sixty-four, and March third, one thousand eight hundred and sixty-five, the Central Pacific Railroad Company of California, or any other railroad company formed, or hereafter to be formed, is authorized to construct a railroad and telegraph line in the late Territory, now the State of Nevada: Therefore, to enable the said company or companies more fully and completely to comply with, and perform the provisions and conditions of the said Act of Congress, and to construct, operate and maintain their said railroad and telegraph line in the State of Nevada, the said company or companies, their successors and assigns, are hereby authorized and empowered, and the right, power and privilege is hereby granted to, conferred upon, and vested in them to construct, maintain and operate the said railroad and telegraph line across the State of Nevada, with such branches and extensions of said railroad and telegraph line, or either of them, as said company or companies may deem necessary or proper; and, also, the right of way for said railroad and telegraph line, and said branches or extensions thereof, not to exceed one hundred feet on each side of said road, over any lands belonging to this State, and on, over and along any streets, roads, highways, rivers, streams, water and water courses; but the same to be so constructed as not to destroy or obstruct the passage or navigation of the same. And, also, the right to condemn and appropriate to the use of said company or companies such private property, rights, privileges and franchises as may be necessary, proper or convenient for the purposes of said railroad and telegraph line; the compensation therefor to be ascertained and paid, under and by special proceedings, as provided in the Act entitled, An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March twenty-second, one thousand eight hundred and sixty-five. |
κ1866 Statutes of Nevada, Page 255 (CHAPTER 112)κ
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approved March twenty-second, one thousand eight hundred and sixty-five. Said company or companies to be subject to, and enjoy the benefit of the laws now in force in this State, regulating the manner of constructing and operating railroad and telegraph lines, the rates of charges therefor, and providing remedies for injuries committed to property of the company or companies, except that messages and property of the United States, of this State, and of the said company or companies, shall have priority of transportation and transmission over said line of railroad and telegraph; hereby confirming to, and vesting in said company or companies, all the rights, privileges, franchises, power and authority, conferred upon, granted to, and vested in said company or companies, by said Acts of Congress. |
Same. |
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|
Chap. CXIII.An Act to Consolidate and Pay Certain Indebtedness of the County of Ormsby.
[Approved March 12, 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, the Treasurer of Ormsby county shall not pay the principal nor interest of any bond, warrant, scrip, or allowance, against the Building Fund, General Fund, Contingent Fund, nor Hospital Fund of Ormsby county, created by any Act or Acts of the Governor and Legislative Assembly of the late Territory of Nevada, except in the manner provided in this Act. Sec. 2. A Redemption Fund for said county is hereby created, into which the Treasurer of said county is authorized and required, upon the passage of this Act, to transfer all moneys in the aforesaid Building, General, Hospital and Contingent Funds; and said Treasurer is further authorized and required to pay into said Redemption Fund all moneys hereafter collected from rents of the buildings of said county. All moneys hereafter collected from the delinquent taxes of said county, from eighteen hundred and sixty-two, eighteen hundred and sixty-three, eighteen hundred and sixty-four, and eighteen hundred and sixty-five, levied for the aforesaid Building, General, Hospital and Contingent Funds, and for a Jail Building Fund, in eighteen hundred and sixty-three. In addition, the Commissioners of said county, at the time provided by law for the levy of State and county taxes, out of the amount of tax allowed by law to be levied for general county purposes, shall apportion not less than sixty, nor more than seventy-five cents, upon each one hundred dollars worth of taxable property in said county, to the said Redemption Fund; and none of the moneys directed by this Act to be paid into said Redemption Fund, shall be used for any other purpose or purposes than those specified in this Act. |
Treasurer prohibited from paying warrants, etc.
Redemption fund created
Revenue to be apportioned to fund. |
κ1866 Statutes of Nevada, Page 256 (CHAPTER 113)κ
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Redemption fund, for what used.
Duty of Treasurer.
Proposals for surrender of warrants, etc.
Proposals opened.
Lowest bid to be accepted. Proviso.
Accepted bids.
Bonds, etc., to be canceled.
Vouchers. Auditor to return all unaccepted bids. Separate account to be kept. |
Sec. 3. The Redemption Fund shall be used only for the purposes of redeeming and paying the obligations aforesaid, in the manner specified in this Act, to wit: The bonds of Ormsby county, given for the purchase of its buildings, and the warrants and claims allowed against the aforesaid General, Hospital and Contingent Funds of Ormsby county. Sec. 4. Whenever the Treasurer of Ormsby county shall have, in the Redemption Fund created by this Act, a sum exceeding five hundred dollars, he shall give fifteen days notice of that fact, by publication in some newspaper printed at the county seat of Ormsby county, or if none is so printed, then by posting notices thereof in three public places in said county; and, also, that the Auditor of said county will receive sealed proposals for the surrender of bonds, warrants and claims, payable out of said Redemption Fund, to the amount of his means to purchase, as provided in this Act, and that such proposals, including the warrants offered to be surrendered, will be received until the first Monday of the month after the term of such notice has expired. Sec. 5. On the first Monday of the month after the term of such notice has expired, or on the first day of any regular meeting of the Board of Commissioners of said county, after the term of said notice has so expired, the Auditor of said county, in presence of the Board of Commissioners, and of the County Treasurer, shall open said sealed proposals, and accept the lowest bids for the surrender of any warrants, bonds, or claims, payable out of said Redemption Fund, to the amount of money in such Fund; provided, that no bid for a greater amount than the principal and interest due upon such warrant, bond or claim, shall be received; nor shall any proposal be considered unless it is accompanied by the obligations proposed to be surrendered. Sec. 6. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the obligations to be redeemed, specifying the amount to be paid on each obligation, the date, number and amount thereof, and make a record of such description in their respective offices; thereupon the Board of Commissioners shall, by an order entered on their records, direct the Treasurer to purchase such obligations designated in the accepted bids, and pay for the same out of the Redemption Fund aforesaid, the amount at which such obligations were respectively offered to be surrendered. All bonds, warrants or claims, so redeemed, shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, Purchased, adding thereto the time when and the amount paid therefor, and signing the same officially. The order of the Board of Commissioners and the record of the Auditor, authorizing the payment of such obligations, shall be sufficient vouchers for the Treasurer in making his settlement. The County Auditor shall return all unaccepted bids, together with the obligations accompanying them, to their owners upon their demand. The County Treasurer and Auditor shall keep a separate account of all moneys received into, and paid out of, the Redemption Fund, and to whom and for what paid. The County Treasurer shall also, on the register of warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word Purchased, and state the amount paid therefor. |
κ1866 Statutes of Nevada, Page 257 (CHAPTER 113)κ
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of warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word Purchased, and state the amount paid therefor. Sec. 7. To determine what is the lowest bid, as between any two or more obligations offered to be surrendered, under the provisions of this Act, and at the same time to give a preference to obligations of said county longest remaining unpaid, the Board of Commissioners shall compute the principal and interest due upon any such obligation by its terms, and add to the amount of such principal and interest a further sum of one and one fourth per cent. on the principal of such obligation, for each period of three months after it would have been paid had funds existed for its payment when presented up to the day of opening such bid. The obligations upon which the largest discount is offered to be allowed, by this method of computation, shall be deemed the lowest bids, and shall be accepted as such and ordered to be paid. When the lowest bids are equal in discount, and one or more owners shall offer more obligations than the Treasurer has funds to pay, their several obligations shall be paid pro rata, so far as the whole of any obligation or obligations can be redeemed; or in case none of such obligations are small enough to be redeemed by the Treasurer out of the money in the Redemption Fund, then such equal bidders may, in presence of the Commissioners, deliver other sealed bids upon such obligations, and the lowest of such bids shall then be paid. Sec. 8. Out of said Redemption Fund, before any proposals for surrender of obligations shall be advertised for or received, there shall be paid in full, as preferred obligations, warrants first registered upon the General Fund, not exceeding the principal and interest, the amount of three thousand three hundred dollars; warrants first registered upon the Contingent Fund, not exceeding, in principal and interest, the amount of three hundred dollars; warrants first registered upon the Hospital Fund, not exceeding, in principal and interest, the amount of two hundred dollars; and the sum of seventeen hundred dollars shall, at the option of the holder or holders of the bonds of said county, be paid upon the interest of all such bonds, or in payment of any one bond, and the interest upon the balance of such bonds. Sec. 9. The Treasurer of Ormsby county shall transfer to the General Fund of said county, created under the Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, passed March ninth, eighteen hundred and sixty-five, all money in the Current Expense Fund of said county, and all moneys hereafter collected from delinquent taxes levied for the benefit of said Current Expense Fund. And all claims now allowed against said Current Expense Fund shall be paid by warrants on the General Fund, mentioned in this section; and all moneys of said county hereafter collected, which were heretofore appropriated to the Current Expense Fund of said county, shall be paid into the General Fund mentioned in this section. Sec. 10. The provisions of this Act shall not be so construed as to conflict in any manner with the provisions of law for the payment of the salary of the District Judge of said county; |
Lowest bid, how determined.
When bids are equal.
What shall be paid before proposals are advertised.
Money in Current Expense Fund to be transferred to General Fund. |
κ1866 Statutes of Nevada, Page 258 (CHAPTER 113)κ
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What provisions Act not to conflict with.
Acts repealed. |
for the payment of the salary of the District Judge of said county; nor with the Salary Fund of the Treasurer of said county; nor with the right of the various School Districts of said county, to have certain moneys set apart for School purposes, in accordance with a decision of the Supreme Court, and an order of the Board of County Commissioners heretofore rendered and made. An Act entitled An Act to regulate the finances of Ormsby county, passed February twentieth, eighteen hundred and sixty-four, so far as its provisions are in conflict with this Act, is hereby repealed, and all other Acts, and parts of Acts, but those herein excepted, so far as they are in conflict with this Act, are hereby repealed. |
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