Chapter I.–An Act to create Legislative Funds.

[Approved January 26, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  For the purpose of paying the salaries of the members and attaches of the present Legislature, the mileage of the members, and the incidental expenses of the same, the State Treasurer is hereby authorized and required to set apart from the first moneys coming into the General Fund not otherwise specially appropriated, the sum of sixty thousand dollars, which shall constitute a fund to be denominated “The State Legislative Fund.” Any deficiency that may exist in the “Legislative Fund” of the last session may also be paid out of the Legislative Fund hereby created. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the present Senate and Assembly for mileage and compensation due, when duly certified to him in accordance with law.

      Sec. 2.  The State Treasurer is authorized and required to set apart from the first moneys coming into “The State Legislative Fund,” created by section first of this Act, the sum of nine thousand dollars, five thousand of which shall constitute the Contingent Fund of the Assembly, and fourth thousand dollars the Contingent Fund of the Senate. The said Contingent Funds shall be under the exclusive control of the Senate and Assembly respectively. Each House may direct the payment of moneys from its own Contingent Fund, by resolution, and the Controller of State is authorized and required to draw his warrant in accordance therewith.

State Legislative Fund created.

Contingent Funds.

To be under exclusive control of Senate and Assembly.

Exempt from Act relating to Board of Examiners.

Money remaining to revert to General Fund.

accordance therewith. Said funds are hereby exempted from the operation of an Act entitled “An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer,” approved February seventh, a.d. one thousand eight hundred and sixty-five.

      Sec. 3.  Any moneys that may remain in either of the funds created by this Act, upon the adjournment of the Legislature shall revert to the General Fund.

Fines to be paid into State Treasury.

Repeal.

Chap. II.–An Act to relation to Fines.

[Approved January 28, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  All fines imposed and collected under, and for violations of, any penal law of this State, shall be paid into the State Treasury, as other State revenues are, and shall be applied to educational purposes.

      Sec. 2.  All former Acts, and parts of Acts, so far only as they conflict with the provisions of the Act, are hereby repealed.

Act repealed.

Chap. III.–An Act to repeal an Act entitled “An Act to establish a Standard of Weights and Measures,” approved February 28, 1866.

[Approved February 1, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  An Act entitled “An Act to establish a Standard of Weights and Measures,” approved February 28, 1866, is hereby repealed.

Chap. IV.–An Act to amend an Act entitled “An Act to provide for the formation of Corporations for certain purposes,” approved March 10, 1865, as amended by an Act approved March 1, 1866.

[Approved February 1, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  That said Act be amended by adding thereto an additional section, as follows:

      Section 28.  Corporations formed under the provisions of this Act for mining, milling, or ore reduction purposes, may subscribe to and become stockholders in any corporation, company, or association now formed, or which may hereafter be formed for the purpose of constructing any tunnel, shaft, or other work, which maybe be calculated to aid or facilitate the exploration, development, or working of any mine or mining ground in this State; and any corporation so becoming a stockholder therein shall, in proportion to its interest, be subject to all the liabilities, and entitled to all the rights and privileges of an individual stockholder.

Corporations may become stockholders, etc.

Chap. V.–An Act authorizing the issuance and sale of certain State Bonds, and levying a Tax to provide means for the payment thereof.

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  By virtue of the power granted to the Legislature by the third section of Article Nine of the Constitution of this State, and in order to obtain money to pay the necessary expenses of the State Government for the third and fourth fiscal years, and provide means for the redemption of such outstanding bonds as may fall due, and for the purpose of keeping the finances of the State upon a cash basis, the issuance and sale of bonds of the State, not exceeding in amount the sum of three hundred thousand dollars, ($300,000) is hereby authorized; which bonds shall be payable at the office of the State Treasurer, and shall not run longer than three years from their date. They shall be dated when issued, and shall bear a rate of interest not exceeding one and one-quarter per cent. per month. The interest shall be payable semi-annually at the office of the State Treasurer. Said bonds shall be redeemable at the option of the State Treasurer at any time within three years from the date of their issuance.

      Sec. 2.  The bonds to be issued pursuant to the provisions of this Act, shall be signed by the Governor, countersigned by the Controller, and indorsed by the State Treasurer, and shall be authenticated with the great seal of this State. Coupons for the payment of the interest thereon, shall be so attached that they can be removed without injury to the bonds.

      Sec. 3.  The State Treasurer is hereby made Commissioner to negotiate the sale of the bonds herein provided to be issued, and said Commissioner shall negotiate the sale of such an amount thereof as he shall find necessary for the benefit of the State, and at such times, and bearing such rate of interest, not exceeding one and one-quarter per cent. per month, as he shall find necessary in order to secure the sale thereof at par. None of said bonds shall be sold at less than their par value. Said Commissioner shall report monthly to the Controller of the State, the amount, number, date, and rate of interest of all bonds sold by him pursuant to the authority herein given, and shall, without delay, pay the proceeds of all bonds sold into the State Treasury, in gold and silver coin of the United States.

Issuance and sale of bonds authorized.

Bonds, how issued.

Coupons.

Commissioner to sell bonds.

Report to Controller.

Bonds, how prepared.

Interest.

To be sold for and redeemed in gold and silver coin.

Pledge.

Tax levied and set apart to pay principal and interest

Pledge.

Tax levied, how applied.

Revenue not to be diverted from payment of principal and interest

Appropriation to pay expenses.

Duty of Treasurer when principal or interest falls due.

Impeachment.

Certificate.

proceeds of all bonds sold into the State Treasury, in gold and silver coin of the United States. The said Commissioner is hereby authorized and required to cause said bonds to be prepared, payable to the parties, or their assigns, to whom issued; but no bonds shall be issued for a sum less than one thousand dollars ($1,000). The State Treasurer is authorized and required to pay the interest on any bonds issued pursuant to the provisions of this Act, whenever the same becomes due.

      Sec. 4.  No bonds issued and sold under the provisions of this Act shall be sold for, or redeemed in, any currency except gold and silver coin of the United States, both principal and interest. The faith of the State is hereby solemnly pledged to their redemption, both principal and interest, in United States gold and silver coin only.

      Sec. 5.  There shall be levied and collected for the fiscal year, commencing January first, a.d. 1867, an ad valorem tax of ninety-five cents, and for the fiscal year commencing January first, a.d. 1868, and annually thereafter, until all the bonds issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax of one dollar and twenty cents on each one hundred dollars of the taxable property in this State; and so much of the revenue derived from said tax as may be necessary, is hereby set apart, appropriated, and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act. The tax hereinbefore levied is, and shall be, considered and held to be a portion of the aggregate tax, allowed and provided by the Constitution, and, after the third fiscal year, left to discretion of the Legislature, to be levied and collected annually for State purposes, and for the payment of any debt contracted by the State, and shall be first applied to the payment, both principal and interest, of all bonds issued pursuant to the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any way diverted from the State Treasury for any other purpose than paying bonds, both principal and interest, issued pursuant to the provisions of this Act, unless at the time there is a greater sum in said Treasury, derived from said tax, than is required for such payment of said bonds. The sum of three thousand dollars, or so much thereof as may be necessary, from the proceeds of the sale of the bonds specified in this Act, is hereby appropriated to pay the expenses of procuring said bonds, selling them, and placing the proceeds of their sale in the State Treasury.

      Sec. 6.  The State Treasurer is hereby authorized and required, and it is made his duty, in case there shall not be in the State Treasury at any time a sufficiency of United States gold and silver coin to meet the principal or interest, or both, of any bonds falling due, to sell in the money market, at the then ruling rate, such amount of legal tender notes of the United States as may be in the General Fund, and is required to realize a sufficiency of gold and silver coin of the United States to meet such payment. If the State Treasurer shall neglect or refuse to comply with the provisions of this section, he shall be deemed guilty of a misdemeanor, and shall be liable to impeachment, as provided in the Constitution of the State.

      This bill, not having been returned by the Governor to the Senate-in which body it originated-within the time from the date by [of] delivery to His Excellency, prescribed by the thirty-fifth section of Article IV of the Constitution, it has become a law, as said section of said Article provides.

cle IV of the Constitution, it has become a law, as said section of said Article provides.

                                                                      James S. Slingerland,

                                                                                                President of the Senate.

      B. C. Brown,

                   Secretary of the Senate.

      Carson City, Nevada, February 3d, 1867.

Chap. VI.–An Act to change the County Seat of the County of Nye.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From and after the 15th day of May, a.d. 1867, the county seat of Nye County shall be located at the town of Belmont, in said county.

      Sec. 2.  It shall be the duty of all officers of said county, who are required by law to keep their offices at the county seat, to remove the same to said town of Belmont on said 15th day of May, a.d. 1867.

      Sec. 3.  The County Commissioners of said county shall provide for the removal of the archives of said county, and all other movable property belonging to said county, to said town of Belmont, and shall have power to sell and convey any real or immovable property situated in Ione, belonging to said county, and shall pay the proceeds of such sales into the County Treasury.

County seat located at Belmont.

Offices required to be kept at Belmont.

Duty of County Commissioners in regard to archives and property.

Chap. VII.–An Act to provide for the Organization of the Assembly at the commencement of each session.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  It is hereby made the duty of the Secretary of State to make out, prior to the meeting of the Assembly, of each session thereof, a roll of the members elect, as shall appear by the returns on file in his office; and only such members whose names shall appear upon such roll shall be allowed to participate in the organization of the Assembly.

Secretary of State required to make out roll of members of Assembly.

To call the Assembly to order.

      Sec. 2.  On the first day of each session of the Legislature, at twelve o’clock, m., the Secretary of State shall call the Assembly to order, and shall preside over the same until a presiding officer shall be elected.

Liens to miners and others.

Mode of securing liens, etc.

Chap. VIII.–An Act supplementary to an Act entitled “An Act for securing Liens to Mechanics and others,” approved November twenty-first, one thousand eight hundred and sixty-one.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  All miners or other persons performing labor to the amount of twenty dollars or upwards, for any organized or incorporated company, or for the owner or owners of any lode, ledge, or ledges of gold or silver-bearing quartz, ore, pay-dirt, or rock, or of any other metal of value, or for the person or persons in the actual possession of such lode or lodes, ledge, or mine, by himself or themselves, under bona fide claim of ownership, he or they shall have a lien upon said lode or lodes, ledge or mine, together with all the improvements thereon.

      Sec. 2.  All the provisions of the said Act, of which this Act is supplementary, respecting the mode of recording, securing, and enforcing mechanics’ liens, shall apply hereto.

Money to be transferred to Transcript Fund.

Repeal.

Chap. IX.–An Act to provide for the payment of Outstanding Warrants against the Transcript Fund of Churchill County.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From the first moneys paid into the County Treasury of Churchill County, and apportioned to the General County Fund of said county, after the payment of the present outstanding indebtedness against said General County Fund, the Treasurer of said county is hereby authorized and required to transfer to the Transcript Fund of said county, a sum sufficient to redeem, principal and interest, all warrants now outstanding and unpaid against said Transcript Fund.

      Sec. 2.  All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.

Chap. X.–An Act to authorize Married Women to transact business in their own Names as Sole Traders.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations prescribed in this Act.

      Sec. 2.  Any married woman residing within this State, desirous to avail herself of the benefit of this Act, shall give notice thereof, by advertising in some public newspaper published in the county in which she has resided, for four successive weeks preceding such application; provided, if no newspaper be published in said county, said publication shall be made by posting advertisements, in three of the most public places in said county, four weeks prior to the day of application. Such notice shall set forth that it is her intention to make application to the District Court of said county, on the day therein named, for an order of said Court permitting her to carry on business in her own name and on her own account; and it shall specially set forth the nature of the business to be carried on. On the day named in the notice, or at such future time as the Court may appoint, on filing proof of publication, the Court shall proceed to examine the applicant, on oath, as to the reasons which induce her to make the application; and if it appear to the Court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name and on her own account, the business, trade, profession, or art, named in the notice; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him from collecting his debt, or will occasion such result; and if it shall so appear to the Court, the application shall be denied. On the hearing, witnesses may be examined on behalf of either party. Before making the order, the Court, or Judge, shall administer to the applicant the following oath:

      “I, A. B., do, in presence of Almighty God, truly and solemnly swear that this application is made in good faith, for the purpose of enabling me to support myself and my children, (if the applicant have minor children) and not with any view to defraud, delay, or hinder any creditor or creditors of my husband; and that of the moneys so to be used in said business, not more than five hundred dollars has come, either directly or indirectly, from my husband; so help me God.”

      A certified copy of such order, with the said oath indorsed thereon, shall be recorded in [the] office of the Recorder of the county where the business is to be carried on, in a book to be kept for such purpose.

      Sec. 3.  After the order has been duly made and recorded, as provided in the second section of this Act, the person therein named shall be entitled to carry on such business in her own name,

Right to transact business.

Applicants to give notice.

Proviso.

Notice.

Hearing of application.

Order.

Oath.

Copy of order to be recorded.

Rights and liabilities of sole traders.

Maintenance of children.

Husband not responsible for debts, etc.

be entitled to carry on such business in her own name, and the property, revenues, moneys, and credits, so invested, shall belong exclusively to such married woman, and shall not be liable for any debts of her husband; and said married woman shall be allowed all the privileges, and be liable to all legal process, now or hereafter provided by law, against debtors and creditors, and may sue and be sued alone, without being joined with her husband. But nothing contained in this Act shall be deemed to authorize a married woman to carry on business in her own name when the same is managed or superintended by her husband.

      Sec. 4.  Any married woman availing herself of the benefit of this Act, shall be responsible for the maintenance of her children.

      Sec. 5.  The husband of the wife availing herself of the benefit of the this Act, shall not be responsible for any debts contracted by her in the course of the said business, without the special consent of her husband, given in writing; nor shall his separate property be taken on execution for any debts contracted by her.

Issuance and sale of bonds authorized.

Chap. XI.–An Act authorizing a State Loan, and levying a Tax to provide means for the payment thereof.

[Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  By virtue of the power granted to the Legislature by the third section of Article Nine of the Constitution of this State, and for the purpose of at once paying the principal and interest of all outstanding bonds issued under and by virtue of an Act approved January 19th, 1866; to replace in the State Treasury the sum of eighty-two thousand five hundred ($82,500) dollars, heretofore paid by the State on account of Territorial indebtedness, and any further amount which may be paid before the negotiation of the loan authorized by this Act is completed; to take up and retire such bonds, or other evidences of indebtedness of the late Territory of Nevada, not paid by the State, or provided for by an Act approved February 14th, 1865, and an Act supplemental thereto, approved March 3d, 1865; to pay the floating indebtedness incurred under an Act to encourage enlistments and provide extra pay for our volunteer soldiers called into the service of the United States; to defray the current expenses for the third fiscal year, and to place the finances of the State upon a permanent cash basis, a loan not exceeding five hundred thousand ($500,000) dollars is hereby authorized to be negotiated, on the faith and credit of the State, to be paid within five years. Said loan to bear a rate of interest not exceeding twelve per cent. per annum, from the date of the issuance of the bonds, payable semi-annually, either at the Bank of California, in the city of San Francisco, or at the office of the State Treasurer, at the option of the party or parties to whom such bonds are issued.

      Sec. 2.  The State Treasurer shall cause the bonds to be prepared that are to be issued for the payment of the loan authorized by this Act; which bonds shall be signed by the Governor, countersigned by the Controller, indorsed by the Treasurer, and authenticated with the Great Seal of the State. Coupons for the interest shall be attached to each bond, so that the coupon may be removed without injury or mutilation to the bond.

      Sec. 3.  No bonds issued and sold under the provisions of this Act shall be sold for any currency except gold and silver coin of the United States, nor at less than par value; and for the payment of said bonds, both principal and interest, in gold and silver coin of the United States, the faith and credit of the State is solemnly pledged.

      Sec. 4.  After the negotiation and sale of the bonds provided for in this Act, it shall be the duty of the State Treasurer to set apart a fund for the purpose of paying the principal and interest of said bonds when they shall become due, which shall be called the State Interest and Sinking Fund. There shall be levied and collected for the fiscal year, commencing January 1st, 1867, and annually thereafter until all the bonds issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax of seventy cents upon each one hundred dollars of the taxable property in this State. The revenue derived from said tax shall be paid into the State Sinking and Interest Fund, and is hereby set apart, appropriated, and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any manner diverted from the State Treasury for any other purpose than paying or retiring the bonds, both principal and interest, issued pursuant to the provisions of this Act, except as hereinafter provided; provided, that no portion of any tax whatsoever levied on the proceeds of the mines shall be construed to form any part of the revenue appropriated and pledged by this section for the redemption of the said bonds, but shall be paid, if any such tax be levied, into the General Fund for general State purposes.

      Sec. 5.  It shall be the duty of the State Treasurer to make certain arrangements for the payment of the interest on the said bonds when the same falls due, at least sixty days before the time of payment; and in the event that said Interest and Sinking Fund, as hereinbefore provided, is insufficient, the said Treasurer shall draw on the General Fund for such purpose; and in the event that those funds prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State.

      Sec. 6.  It shall be the duty of the Treasurer and Controller of State, each, to keep a separate record of all such bonds as may be issued, showing the number, date, amount, and rate of interest of each bond, and to whom the same was issued. No bond shall be issued for a less sum than one thousand ($1,000) dollars.

      Sec. 7.  Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus, after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next ensuing semi-annual interest, of ten thousand ($10,000) dollars, or more, in the fund created by the fourth section of this Act, it shall be the duty of the State Treasurer to advertise in one or more daily newspapers published in this State and in the city of San Francisco, for sealed proposals for the surrender of bonds issued under this Act.

Bonds, how prepared.

Coupons.

To be sold and paid in coin.

State Interest and Sinking Fund to be set apart.

Revenue not to be diverted from payment of principal and interest

Proviso.

Treasurer required to make arrangements for the payment of interest.

Separate record to be kept.

Proposals for surrender of bonds

Advertisement.

Proposals to be accepted.

When and how money to be invested.

Bonds may be exchanged.

Proviso.

Appropriation.

Duty of Treasurer when tax assessed and collected in legal tender notes.

Acts repealed.

of the State Treasurer to advertise in one or more daily newspapers published in this State and in the city of San Francisco, for sealed proposals for the surrender of bonds issued under this Act. He shall state in such advertisement the amount of money on hand applicable to the redemption of such bonds; and he shall accept such proposals, at rates not exceeding par value, as may redeem the greatest number of bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to or received by the State Treasurer, as provided in this section, it shall be his duty, by and with the advice and consent of the Governor and Controller, to invest the surplus on hand in said Interest and Sinking Fund, for the redemption of said bonds, in the gold-bearing bonds of the United States, which bonds, with the interest thereon, shall remain in said Interest and Sinking Fund, until it becomes necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act.

      Sec. 8.  Nothing contained in this Act shall be so construed as to prevent the State Treasurer from exchanging the bonds issued by virtue of this Act for any of the outstanding bonds and interest or other evidences of indebtedness provided to be paid or retired by section first of this Act, but such exchange may be made at their coin value; provided, no exchange shall be made until after all the bonds issued under the Act of January 19th, 1866, shall have been first exchanged or taken up.

      Sec. 9.  The sum of three thousand ($3,000) dollars, or so much thereof as may be necessary, is hereby appropriated out of the proceeds of the sale of said bonds, to defray the expense of their procurement and negotiation, and placing the proceeds thereof in the State Treasury.

      Sec. 10.  In case the tax provided to be levied and collected by section four of this Act, or any portion thereof, should, by virtue of any judicial decision or law, be assessed and collected in the legal tender notes of the United States, then the State Treasurer is authorized and required, at such time or times as the principal or interest, or both, of the bonds issued in pursuance of the provisions of this Act, shall become due and payable, to sell in the money market, at the then ruling rate, such amount of said legal tender notes as will realize a sufficiency of gold and silver coin of the United States to meet such payment or payments.

      Sec. 11.  An Act entitled “An Act authorizing a loan on the faith and credit of the State, to pay the indebtedness of the State and of the Territory of Nevada, assumed by the State, and not fully provided for,” approved February 26th, 1866, and an Act entitled “An Act authorizing the issuance and sale of certain State bonds, and levying a tax to provide means for the payment thereof,” passed at the present session of the Legislature, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Chap. XII.–An Act to regulate and make effectual the Power of the Governor, Justices of the Supreme Court, and Attorney-General to remit fines and forfeitures, commute punishments, and grant pardons after convictions.

[Approved February 8, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Whenever the Governor, Justices of the Supreme Court, and Attorney-General, or the major part of them, the Governor being one, shall remit any judgment of fine or forfeiture, a certificate reciting the fine or forfeiture remitted, duly signed and tested with the Great Seal of the State, shall be filed in the Clerk’s office of the Court wherein the judgment of fine or forfeiture was entered, and the Clerk shall make an entry in the judgment docket or other proper place, showing that the fine or forfeiture is remitted; which filing and entry shall be evidence of the satisfaction thereof.

      Sec. 2.  Whenever any punishment involving the death penalty is commuted, a statement in writing shall be made out and signed, reciting the name of the person whose punishment is commuted, and the time and place where convicted; also, the amount, kind, and character of punishment substituted instead of the death penalty, and the place where the substituted punishment is to be served out or suffered, and directed to the proper officer or authority charged by law with the safe keeping and execution of the punishment; which statement, tested with the Great Seal of this State, shall be sufficient authority for such officer or authority to receive and retain the person named in the statement as therein directed, and the officer or authority named in the statement must receive the person whose punishment has been commuted, and retain him as directed.

      Sec. 3.  Any person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or some one in his behalf, shall make out duplicate copies of notices in writing of such application, specifying therein the Court in which the judgment was rendered, the amount of the fine or forfeiture, or kind or character of punishment, and the name of the person in whose favor the application is intended to be made, and the time when the application will be presented; one of which he shall serve on the District Attorney of the proper county, and one on the District Judge of the Court wherein the conviction was had, except in case of fines and forfeitures, when the copy of notice, instead of being served on the District Judge, shall be served on the Chairman of the Board of County Commissioners of the proper county. The notice shall be served, as herein provided, at least thirty days prior to the presentation of the application, unless a District or Supreme Court Judge, for good cause, prescribe a shorter time. When a pardon is granted for any offense committed, such pardon may or may not include restoration to citizenship. If the pardon include restoration to citizenship, it shall be so stated in the instrument or certificate of pardon; and when granted upon conditions, limitations, or restrictions, the same shall be fully set forth in the instrument as aforesaid. Such instrument or certificate shall also contain an order to the officer having the person in custody to discharge him or her from such custody upon a day to be named in said instrument, upon the conditions, limitations, or restrictions therein named.

Proceedings when fine, etc., remitted.

Proceedings when death penalty is commuted.

Notice of application, what to set forth.

How served

When served.

Restoration to citizenship.

Order of discharge.

Not to include liability on bail bond.

to the officer having the person in custody to discharge him or her from such custody upon a day to be named in said instrument, upon the conditions, limitations, or restrictions therein named.

      Sec. 4.  The fines and forfeitures herein mentioned shall not be so construed as to include the remittance or discharge from liability on any bail bond.

Concurrent jurisdiction in action to enforce liens, etc.

Court, how governed.

Proceedings to enforce a lien.

Statement to be filed.

Duty of Clerk.

Notice to claimants.

Notice and judgment.

Chap. XIII.–An Act conferring jurisdiction on Justices’ Courts concurrent with the District Courts, in actions to enforce Mechanics’ Liens.

[Approved February 8, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Justices’ Courts shall have jurisdiction concurrent with the District Court in all actions brought to enforce the liens of mechanics and others, and all proceedings necessary for the enforcement thereof, wherein the entire amount of liens sought to be enforced against the same property, exclusive of interest, does not exceed in the aggregate the sum of three hundred dollars. In all such actions and proceedings the Justices’ Courts must be governed by the provisions of the Act of the Legislative Assembly of the Territory of Nevada, approved November 21st, 1861, so far as applicable, except as otherwise in this Act provided.

      Sec. 2.  Whenever it is sought to enforce a lien under section one of this Act the complaint shall show, in addition to other necessary facts, that all valid liens on the property against which the lien exists do not exceed in the aggregate three hundred dollars, exclusive of interest; and the Justice shall, immediately after the action is commenced, file in the Clerk’s office a statement showing the name of the plaintiff and defendant, amount claimed, and a description of the property, and the date of the commencement of the action, its object, and that the action is pending; and the Clerk shall note briefly the fact of the filing of the notice, and its contents, on the margin or other suitable place in the record where the lien is recorded, and shall file the statement in this office.

      Sec. 3.  The filing of the statement by the Justice shall be a sufficient notice to all lien claimants not to commence actions elsewhere to enforce liens against the same property, and shall operate as a notice of the pendency of the action to all persons and of all subsequent proceedings in the action. All persons claiming or holding a lien against the same property shall after notice file their lien or claim thereunder with the Justice. Notice of the action shall be given to lien claimants, and judgment rendered for the sale of the premises, and the proper distribution and application of the proceeds of the sale in the same manner as provided in the Act of the Legislative Assembly referred to in section one of this Act.

Chap. XIV.–An Act to repeal an Act entitled “An Act concerning the location and possession of Mining Claims,” approved February twenty-seventh, one thousand eight hundred and sixty-six.

[Approved February 9, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  An Act entitled “An Act concerning the location and possession of mining claims,” approved February twenty-seventh, in the year of our Lord one thousand eight hundred and sixty-six is hereby repealed.

      Sec. 2.  All rights acquired under the Act hereby repealed shall remain valid, and all assessment work done, or assessments paid, shall hold the possession of the claims on which the same was done, or paid, as in said Act provided; and in all mining districts wherein the provisions of said Act were adopted as the mining laws or regulations of the district, the same shall remain the laws thereof until repealed or amended by such districts, except the requirement to cause the record of claims to be made in the County Recorder’s Office.

Act repealed.

Rights acquired to remain valid.

Chap. XV.–An Act providing for the Release of Sureties on Official Bonds and Undertakings.

[Approved February 13, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Any surety on the official bond of any State, County or City officer, or on the official bond of any executor, or administrator, or on the bond or undertaking of any person, where, by a law, a bond or undertaking is required, may be released from all liability thereon accruing, from and after proper proceedings had therefor, as provided in this Act.

      Sec. 2.  Any surety desiring to be released from liability on the bond of any State officer, shall file with the Governor or Secretary of State, a statement in writing duly subscribed by himself, or some one in his behalf, setting forth the name and office of the person for whom he is surety, the amount for which he is liable as such, and his desire to be released from further liability on account thereof. A notice containing the objects of such statement, shall be served personally on the officer, unless he shall have left the State, in which case the same may be served by publication for twenty days in some newspaper printed at the seat of government, or if none be printed there, then in such newspaper as shall be designated by the Governor or Secretary of State. Any surety desiring to be released from the official bond of any County officer, shall file and serve a similar statement.

Sureties on official bonds may be released.

Statement to be filed with Governor or Secretary of State.

Notice to be served on officer.

Statement to be filed with Clerk Board Co. Commissioners.

County Auditor.

City Clerk.

Clerk District Court.

Statement, how served.

Proviso.

Proviso.

Office vacant on failure to give additional bond.

Security not liable, when.

Proviso.

Coroner to act, when Sheriff is suspended.

Sureties on original bond, not applying, liable.

Penalty of new bond, etc., to be prescribed.

The statement, except when it concerns the County Clerk personally, shall be filed with the Clerk of the Board of County Commissioners, and when the County Clerk is personally concerned, the statement shall be filed with the County Auditor. Any suerty desiring to be released from liability on the bond of a City officer, shall file and serve a similar statement with the City Clerk or other proper officer. Any surety desiring to be released from an Executor’s or Administrator’s bond or undertaking shall file and serve a similar statement with the Clerk of the District Court. Any surety desiring to be released from any other official bond or undertaking, shall file and serve a similar statement with the proper officer, person or authority. All statements provided for in this section, must be served as in the first clause of this section provided; provided, the same, if served by publication, may be published in a newspaper in the same, or if no newspaper be published therein, then in an adjoining, or other county, without any order from any court, or other authority; provided, further, in all cases for which publication is provided, a printed or written notice, posted in at least ten conspicuous places within the county, for the time specified, shall be deemed legal notice thereof.

      Sec. 3.  If any officer or person shall fail within ten days from the date of a personal service, or within thirty days from the date of the first insertion of a publication or posted service, to file a new or additional bond or undertaking, the office or appointment of the person or officer so failing shall become vacant, and such officer or person shall forfeit his office or appointment, and the same shall be filled as in other cases of a vacancy, and in manner as provided by law, and the person applying to be released from liability on such bond or undertaking shall not be holden or liable thereon, after the date herein provided for the vacating and forfeiting of such office or appointment; provided, if a number of sureties on any such bond or undertaking, representing half the amount of the penalty thereof, shall unite in the same, or file and serve separate statements as herein provided, the right of such officer or person to exercise the duties and functions of his office, or appointment, shall immediately cease, until he shall file and have accepted and approved a new or additional bond or undertaking. Whenever by operation of this Act, the functions of any Sheriff shall become suspended, it shall be the duty of the Clerk with whom the statement as hereinbefore provided shall have been filed, to notify the Acting Coroner of the County forthwith of such suspension; and upon being so notified, such Coroner shall succeed to all the powers, and discharge all the duties of Sheriff of his County, pending such suspension of the functions of the Sheriff.

      Sec. 4.  In case a new or additional bond or undertaking be filed, the sureties on the original, not asking to be released, and on the new or additional bond or undertaking, shall be and continue liable for the official acts of such officer or person jointly and severally, the same as if all were sureties on one and the same instrument.

      Sec. 5.  Whenever a statement is filed, or filed and served as herein provided, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall be filed, and if no such order be made, then such new or additional bond or undertaking shall be executed for the same amount as the original.

Chap. XVI.–An Act in relation to, and accepting the Lands granted to the State of Nevada by the Government of the United States.

[Approved February 13, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The State of Nevada hereby accepts the grants of lands made by the Government of the United States to this State to this State, in the following Acts of Congress, to wit: “An Act donating Public Lands to the several States and Territories which may provide Colleges for the benefit of Agriculture and the Mechanic Arts,” approved July 2d, 1862, as amended and approved April 14th, 1864, and as extended July 4th, 1866, by an Act entitled “An Act concerning certain lands granted to the State of Nevada,” upon the terms and conditions in said Acts expressed, and agrees to comply therewith.

      Sec. 2.  The State of Nevada hereby accepts the grants of lands made by the Government of the United States to this State, in the Act of Congress entitled “An Act concerning certain lands granted to the State of Nevada,” approved July 4th, 1866, upon the terms and conditions in said Act expressed, and agrees to comply therewith.

      Sec. 3.  The State of Nevada hereby accepts all grants of Public Lands heretofore made by the Government of the United States to this State, upon the terms and conditions so granted, as modified in the Act of July 4th, 1866, above in this Act referred to.

Lands granted by the United States Government accepted.

Same.

Same.

Chap. XVII.–An Act to regulate the business of Assaying within the State of Nevada.

[Approved February 13, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Every person or firm now engaged in, or who may hereafter engage in the business of assaying within the State of Nevada, shall make and file, at the end of each and every month, with the County Clerk of the County where such business is pursued, a sworn return, subscribed with the name, and verified by the oath of the person having the charge and control of such business; which return shall set forth the name and place of residence of every person, within such month, depositing or selling bullion or amalgam for melting, retorting, refining or assaying, together with the date of the deposit, the amount then deposited, the name of the mine and mill, blanket, sluice or other source from which the same was obtained.

      Sec. 2.  Every person or firm within the State of Nevada engaged in, or carrying on the business mentioned in the first section of this Act, who shall neglect or refuse to comply with its provisions, or any of them, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one thousand dollars, and not more than five thousand dollars, and shall be imprisoned in the County Jail not less than one month, nor more than six months, for each and every such refusal or neglect.

Assayers required to make monthly returns.

What return to set forth.

What deemed a misdemeanor.

Penalty.

not more than five thousand dollars, and shall be imprisoned in the County Jail not less than one month, nor more than six months, for each and every such refusal or neglect.

Person charged with offenses may become witness.

No compelled to testify.

Certificate.

Certificate.

Chap. XVIII.–An Act to enable a Defendant to testify as a Witness in Criminal Prosecutions.

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In the trial of all indictments, complaints, and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness; the credit to be given to his testimony being left solely to the jury, under the instructions of the Court.

      Sec. 2.  Nothing herein contained shall be construed as compelling any such person to testify; and in all cases wherein the defendant to a criminal action declines to testify, the Court shall specially instruct the jury that no inference of guilt is to be drawn against him for that cause.

      This is to certify, that Senate Bill No. 89, “An Act to enable a Defendant to testify in Criminal Prosecutions,” has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: yeas, 17; nays, 0.

                                                                                   James S. Slingerland,

                                                                                                President of the Senate.

      B. C. Brown,

                   Secretary of the Senate.

      This is to certify, that Senate Bill No. 89, “An Act to enable a Defendant to testify in Criminal Prosecutions,” has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: yeas, 37; nays, 1.

                                                                                  R. D. Ferguson,

                                                                                                Speaker of the Assembly.

      A. Whitford,

                   Clerk of the Assembly.

Chap. XIX.–An Act supplementary to an Act entitled “An Act to create a Board of County Commissioners, in the several Counties of the State, and to define their duties and powers,” approved March 8th, 1865.

[Approved February 19, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In letting all contracts of any and every kind, character and description whatever, where the contract in the aggregate amounts to five hundred dollars or more, the County Commissioners shall advertise such contract or contracts to be let, stating the nature and character thereof-and when plans and specifications are to constitute part of such contract, it shall be stated in the notice where the same may be seen-in some newspaper published in their county, for the period of thirty days; in case the contract be for constructing any public building, then the advertisement shall be in that paper published in the county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting notices of the same in five (5) of the most conspicuous and public places in their county for the same period of time. All such contracts shall be let to the lowest responsible bidder, subject to the provisions of the twenty-third (23) section of the Act to which this is supplementary.

When County Commissioners to advertise contracts to be let.

What to state in the notice.

Notice to be published.

Notice to be posted.

Contracts to be let to the lowest bidder.

Chap. XX.–An Act to authorize District Judges in certain cases to sign Records and settle Statements.

[Approved February 19, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  It shall be lawful from and after the passage of this Act, for any District Judge of this State, at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his Court that he may have left unsigned at the time of going out of office; also to sign and settle statements on motions for new trials, and Statements and Bills of Exceptions on appeal to the Supreme Court, subject to the same regulations and restrictions, that now are, or hereafter may be prescribed by law.

      Sec. 2.  Said records when thus signed, and said statements, and such bills of exception, when thus settled, shall have the same legal force and effect that they would be entitled to had they been signed or settled by the Judge while in the exercise of his office.

Judges authorized to sign records, etc., after expiration of term of office.

To have same legal effect.

Records, etc., signed since January 1st, 1867, legalized.

Power not to be taken from successor.

      Sec. 3.  Any and all such records signed, and statements or bills of exceptions so signed and settled by any District Judge as aforesaid, since the first day of January, one thousand eight hundred and sixty-seven, are hereby legalized and made as valid to all intense [intents] and purposes, as though done since the passage of this Act.

      Sec. 4.  This Act shall not be deemed to take from the successors of any District Judge the power to sign any record, or to sign and settle any statement or bill of exceptions, as heretofore authorized by law.

Acts repealed.

Chap. XXI.–An Act to repeal an Act of the Legislative Assembly of the Territory of Nevada, entitled “An Act authorizing the Private Secretary of the Governor to demand and receive certain Fees,” approved November 29th, 1861; also, to repeal an Act of the Legislature of the State of Nevada, entitled “An Act in relation to the collection of certain Fees heretofore collected by the Governor’s Private Secretary,” approved February 17th, 1866.

[Approved February 19, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  An Act of the legislative Assembly of the Territory of Nevada, entitled “An Act authorizing the Private Secretary of the Governor to demand and receive certain fees,” approved Nov. 29th, 1861; and an Act of the Legislature of the State of Nevada, entitled “An Act in relation to the collection of certain fees heretofore collected by the Governor’s Private Secretary,” approved February 17th, 1866, are hereby repealed.

Auditor directed to draw warrant.

Chap. XXII.–An Act for the relief of S. L. Baker, late Probate Judge of Nye County.

[Approved February 21, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows

      Section 1.  The County Auditor of the County of Nye is hereby authorized and directed to immediately draw his warrant on the County Treasurer of said county, in favor of S. L. Baker, for the sum of twelve hundred dollars, currency, due him as salary as Probate Judge of said County of Nye, from the fourth (4) of April, 1864, to December fifth (5) of the same year, payable out of the General Fund of said county.

      Sec. 2.  It shall be the duty of the County Treasurer of Nye County to pay to said S. L. Baker the amount due on said warrant out of any money in the General Fund not otherwise appropriated, which shall be in full of all claims said Baker may have for salary as such Probate Judge; provided, that any money or other compensation which the said Baker may have received, if any, under and by virtue of the provisions of section one of an Act entitled “An Act for the relief of S. L. Baker and Alfred James, late Probate Judges of Nye and Churchill Counties,” approved January 20th, 1865, shall be deducted from said sum of twelve hundred dollars.

      Sec. 3.  Section one of “An Act for the relief of S. L. Baker and Alfred James, late Probate Judges of Nye and Churchill Counties,” approved January twentieth, a.d. 1865, is hereby repealed.

Duty of Treasurer to pay warrant out of General Fund.

Proviso.

Act repealed.

Chap. XXIII.–An Act to create three additional Commissioners to represent the State of Nevada at the World’s Fair, to be held at Paris, France, in the year of our Lord one thousand eight hundred and sixty-seven.

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  David E. Buel, Jacob T. Lockhart, and C. B. Brooks, together with the Commissioner already appointed by the Governor, under authority of an Act of the Legislature, approved March third, one thousand eight hundred and sixty-six, are hereby appointed and created a Board of Commissioners to represent the State of Nevada at the World’s Fair, to be held at the City of Paris, France, in the year of our Lord one thousand eight hundred and sixty-seven.

      Sec. 2.  The sum of eighteen hundred dollars is hereby appropriated, out of any moneys in the General Fund not otherwise specifically appropriated, for the purpose of defraying the expenses of the Commissioners appointed by section first of this Act; and the Controller of State is hereby authorized and required to draw his warrants on said fund in favor of D. E. Buel, J. T. Lockhart, and C. B. Brooks, said Commissioners, in the sum of six hundred dollars each.

      This is to certify that Assembly Bill No. 5, “An Act to create three additional Commissioners to represent the State of Nevada at the World’s Fair, to be held at Paris, France, a.d. 1867,” passed the Assembly this day, notwithstanding the objections of His Excellency the Governor, by the following vote: yeas, thirty-one (31); nays, five (5).

                                                                      R. D. Ferguson,

                                                                                      Speaker of the Assembly.

      A. Whitford,

                   Clerk of the Assembly.

      This is to certify that Assembly Bill No. 5, “An Act to create three additional Commissioners to represent the State of Nevada at the World’s Fair, to be held at Paris, France, a.d.

Board of Commissioners appointed.

Appropriation.

Certificate.

Certificate.

World’s Fair, to be held at Paris, France, a.d. 1867,” passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: yeas, fourteen (14); nays, four(4).

                                                                             James S. Slingerland,

                                                                                                President of the Senate.

      B. C. Brown,

                   Secretary of the Senate.

Secretary of State required to make arrangements for care of indigent insane.

District Judge to cause insane person to be brought before him.

Physicians to attend.

Insane person to be placed in charge of Secretary of State.

Duty of Secretary of State.

Chap. XXIV.–An Act to provide for properly taking care of the Indigent Insane of the State of Nevada, and to create a Fund for that purpose.

[Approved February 23, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Secretary of State is authorized and required to make arrangements with the Directors of the Asylum for the Insane at Stockton, in the State of California, for the admission, support and proper care of the indigent insane of this State, and for that purpose is hereby empowered to make all needful contracts and agreements with said Directors to carry out the provisions of this Act.

      Sec. 2.  From and after the passage of this Act, it shall be the duty of the Judge of the District Court in each Judicial District in this State, upon the application of any person under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, to cause the said person to be brought before him at such time and place as he may direct; and the said Judge shall also cause to appear at the same time and place, two licensed practicing physicians, who shall proceed to examine the person alleged to be insane, and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if such Judge is satisfied that such person is, by reason of insanity, unsafe to be at large, or [and] is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and has no kindred in the degree of husband or wife, father or mother, children, brothers or sisters, living within this State, of sufficient means and ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the capital of this State, at the cost and expense of the county from which such person shall come, and place the said person in charge of the Secretary of State, together with a copy of the complaint, commitment, and physician’s certificate, which shall be in such form as the Secretary of State shall prescribe.

      Sec. 3.  It shall be the duty of the Secretary of State, upon the reception of any such indigent insane person, to transmit or cause such person to be transmitted, by some competent and proper person or persons, to the Asylum for the Insane, at Stockton, in the State of California.

      Sec. 4.  The sum of ten thousand dollars is hereby appropriated out of any moneys now in, or hereafter coming into the State Treasury, not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, during the years eighteen hundred and sixty-seven, and eight; and all sums due for the support, care, clothing and all other needful expenses incurred in carrying any indigent insane person to, and maintaining said person at the asylum aforesaid, when certified by the Secretary of State and approved by the Board of Examiners, shall be audited by the Controller, and paid by the State Treasurer out of the fund hereby created.

      Sec. 5.  It shall be the duty of the Secretary of State to make a full report of all his proceedings under this Act to the Legislature, at each session thereof.

Appropriation.

Secretary to make report.

Chap. XXV.–An Act to amend an Act entitled “An Act to regulate Fees and Compensation for Official and other services in the State of Nevada,” approved March 9th, 1865.

[Approved February 23, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section eighteen of this [said] Act is hereby amended so as to read as follows:

      Section 18.  It Shall be the duty of the County Clerks, County Recorders, County Surveyors, Sheriffs, Justices of the Peace, and Constables, on the first Monday in July, in the year of our Lord one thousand eight hundred and sixty-five, and every three months thereafter, to make out and file with the County Commissioners of their several counties, a full and correct statement, under oath, of all fees, per centage or compensations of whatever nature or kind received in their said several official capacities during the preceding three months; in which statement they shall set forth the causes in which, and the services for which, such compensations were received; provided, that nothing in this Act shall be so construed as to require personal attendance in filing such statements, and such statements may be transmitted by mail, express, or otherwise directed to the Clerk of said Board of County Commissioners.

Statement of fees received required to be made.

Sheriff to have custody of Jail and prisoners.

Chap. XXVI.–An Act to amend an Act entitled “An Act relating to Sheriffs,” approved November twenty-eighth, one thousand eight hundred and sixty-one.

[Approved February 23, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section four of Chapter thirty-eight of the Territorial Laws, an Act relating to Sheriffs, approved November twenth-eighth, one thousand eight hundred and sixty-one, is hereby amended so as to read as follows:

      Section four.  The Sheriff of each county shall have the custody of the jail or prison of his county, and the prisoners in the same, and shall appoint the keeper thereof, for whose conduct he shall be responsible, and whom he may remove at pleasure; and no Sheriff shall be allowed to practice law in any Court of which he is an officer.

Notice of sale, how given.

Repeal.

Chap. XXVII.–An Act to amend section twenty-four of an Act to amend an Act entitled “An Act to regulate proceedings in the Courts of Justice in this Territory,” approved February twentieth, one thousand eight hundred and sixty-four.

[Approved February 23, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section twenty-four of said Act is hereby amended so as to read as follows:

      Section Twenty-four.  Section two hundred and twenty-one of said Act is amended so as to read as follows:

      Section Two Hundred and Twenty-one.  Before the sale of property on execution, notice thereof shall be given as follows:

      First-In case of perishable property, by posting written notices of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

      Second-In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than five, nor more than ten days successively.

      Third-In case of real property, by posting a similar notice, particularly describing the property, for twenty days successively, in three public places in the township or city where the real property to be sold is situated, and a similar notice for the same time on the front door of the court-house of the county, where all real property shall be sold.

      Sec. 2.  All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.

Chap. XXVIII.–An Act to provide for the transfer of certain money from the Indigent Sick Fund of Churchill County to the General Fund of said County.

[Approved February 23, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Treasurer of Churchill County is hereby authorized and required to transfer such a sum as the Board of County Commissioners of said County may direct, not exceeding two thousand dollars, from the Indigent Sick Fund to the General Fund of said county.

Treasurer required to transfer moneys to General Fund.

Chap. XXIX.–An Act to amend an Act entitled “An Act authorizing a State Loan, and levying a Tax to provide means for the payment thereof,” approved February 6th, 1867.

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 is amendatory is hereby amended, so as to read as follows:

      Section One.  By virtue of the power granted to the Legislature by the third section of Article Nine and the seventh section of Article Seventeen of the Constitution of this State, and for the purpose of at once paying the principal and interest of all outstanding bonds issued under and by virtue of an Act approved January 19th, 1866; to replace in the State Treasury the sum of eight-two thousand five hundred ($82,500) dollars, heretofore paid by the State on account of Territorial indebtedness, and any further amount which may be paid before the negotiation of the loan authorized by this Act is completed; to take up and retire such bonds or other evidences of indebtedness of the late Territory of Nevada, not paid by the State, or provided for by an Act approved February 14th, 1865, and an Act supplemental thereto, approved March 3d, 1865; to pay the floating indebtedness incurred under an Act to encourage enlistments and provide extra pay for our Volunteer soldiers called into the service of the United States; to defray the current expenses for the third fiscal year, and to place the finances of the State upon a permanent cash basis, a loan not exceeding five hundred thousand dollars is hereby authorized to be negotiated, on the faith and credit of the State, to be paid within five years; said loan to bear a rate of interest not exceeding fifteen per cent. per annum from date of the issuance of the bonds, payable semi-annually, either at the Bank of California, in the City of San Francisco, or at the office of the State Treasurer, at the option of the party or parties to whom such bonds are issued.

Issuance and sale of bonds authorized.

Certificate.

Certificate.

      This is to certify that Senate Bill No. 150, An Act to amend an Act entitled An authorizing a State Loan, and levying a tax to provide means for the payment thereof, approved February 6th, 1867, this day passed the Senate, notwithstanding the objections of the Governor: Yeas, 15; Nays, 3.

                                                                                   James S. Slingerland,

                                                                                                President of the Senate.

      B. C. Brown,

                   Secretary of the Senate.

      This [is] to certify that Senate Bill No. 150, An Act to amend an Act entitled An Act authorizing a State Loan, and levying a tax to provide means for the payment thereof, approved February 6th, 1867, this day passed the Assembly, notwithstanding the objections of the Governor: Yeas, 29; Nays, 8.

                                                                                  R. D. Ferguson,

                                                                                                Speaker of the Assembly.

      A. Whitford,

                   Clerk of the Assembly.

Carrying concealed weapons deemed a misdemeanor.

Penalty.

Who deemed a traveler.

Chap. XXX.–An Act to prohibit carrying of Concealed Weapons.

[Approved February 27, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Every person, not being a peace officer or traveler, who shall wear or carry any dirk, pistol, sword in a cane, slung-shot, or other dangerous or deadly weapon concealed shall, upon conviction thereof before any Court of competent jurisdiction, be deemed guilty of misdemeanor, and shall be imprisoned in the County Jail for not less than thirty, nor more than ninety days, or fined in any sum not less than twenty, nor more than two hundred dollars.

      Sec. 2.  Such persons, and no others, shall be deemed traveler[s] within the meaning of this Act, as may be actually engaged in making a journey at the time.

Chap. XXXI.–An Act to transfer certain Moneys in the State Treasury, to the County School Funds.

[Approved February 27, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In order to refund to the several Counties of the State, for the use of the School Funds thereof, moneys collected therein and paid into the State Treasury under and by virtue of an Act entitled “An Act concerning the location and possession of Mining Claims,” approved February 27th, 1866, the State Controller is hereby authorized and required to draw his warrants on the General Fund, in favor of the respective Treasurers of the counties paying the same, for the amount so paid.

Moneys to be refunded to School Fund.

Chap. XXXII.–An Act to provide for the payment of James Cochran for certain services rendered and expenses incurred, in arresting and conveying one W. S. Broadwater, a refugee from justice, from Trinity County, California, to this State.

[Approved February 27, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The sum of seven hundred and fifty dollars is hereby appropriated out of any money not otherwise appropriated, payable out of the General Fund of the State Treasury, to pay James Cochran, Sheriff of Trinity County, California, for his services and expenses in arresting and conveying one W. S. Broadwater from Trinity County, California, to the State of Nevada, and delivering him to the authorities of Lander County; he, the said Broadwater, at the time, being a refugee from justice, and under indictment for murder in the first degree.

      Sec. 2.  The Controller of State is hereby directed to draw his warrant in favor of said James Cochran, for said sum of seven hundred and fifty dollars, payable out of the General Fund in manner as other warrants are drawn on said fund, and the same shall be in full payment and satisfaction of all claims of said Cochran, for said service and expenses.

Appropriation.

Controller directed to draw warrant.

Controller directed to draw warrant.

Chap. XXXIII.–An Act to compensate J. F. Hatch for services in the State Library.

[Approved March 2, 1867.]

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 required to draw his warrant on the Treasurer of State in favor of J. F. Hatch, for the sum of one hundred and fifty dollars per month, from the first day of March, a.d. 1866, to the first day of February, a.d. 1867, for services rendered by him in the State Library, and for which there was no appropriation made; and the Treasurer is hereby authorized to pay the same out of any moneys not otherwise specially appropriated.

Commissioners required to create road districts.

County Clerk required to notify Supervisors

Oath.

Road tax.

Proviso.

Chap. XXXIV.–An Act entitled An Act in relation to Public Highways.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Whenever a majority of the tax payers of any county in this State, whose names appear on the last assessment list, shall petition the Board of County Commissioners of the county to divide the county into road districts, it shall be the duty of said County Commissioners to create such district[s] (if the same has not already been done) and appoint Supervisors for each district.

      Sec. 2.  The County Clerk of each county shall immediately notify all persons who have been appointed as Supervisors, and they shall qualify within ten days after their appointment.

      Sec. 3.  Such Supervisors shall take an oath before entering upon the duties of their office, for the faithful performance of their duties, as Supervisors of District No._____; that they will call out all persons in such District No._____, liable to work on highways therein; that they will superintend the labor thereon, and see that the same is faithfully performed, and sue for and collect all fines and moneys due such district.

      Sec. 4.  There shall be levied and collected from all able-bodied men between the ages of twenty-one and sixty years, in each district, the sum of four dollars, to be collected by the Road Supervisors, and the Auditor of the County shall furnish blank receipts for the same, and charge the Supervisors therewith; provided, if any person liable to pay road tax as hereinbefore provided, will perform, or cause to be performed, two days’ work under the supervision of said Supervisor, it shall be full satisfaction for said four dollars.

      Sec. 5.  The Supervisor of each district shall make out a list of all persons in his district who have been residents in such district thirty days, and file a copy of the same with the Clerk of the Board of County Commissioners, on the first Monday of April and the first Monday of October in each year, showing a full and concise statement of all labor performed, moneys received and paid out, and if any surplus of money shall remain after the payment of all road dues, the County Commissioners shall place the same to the credit of the School Fund.

      Sec. 6.  Any supervisor who shall fail to perform the duties required of him by this Act, shall be deemed guilty of a misdemeanor, and [shall] be fined in any sum not exceeding five hundred dollars, before any Court having competent jurisdiction.

      Sec. 7.  The compensation of a Road Supervisor shall be fixed by the Board of County Commissioners, and shall not exceed the sum of five dollars per day, payable out of the Road Fund if sufficient therein, if not, then payable out of the General or Current Expense Fund of the county, as the Board of County Commissioners shall order.

      Sec. 8.  All Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Supervisors required to make list of residents.

Misdemeanor.

Compensation of Supervisor.

Repeal.

Chap. XXXV.–An Act for the protection of Proprietors of Hotels and Lodging Houses.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Whenever any person shall leave a hotel or lodging house, indebted to the proprietor or proprietors thereof, and shall remain absent for the period of six months, it shall be lawful for such proprietor or proprietors to sell or cause to be sold, at public auction, any baggage or property of such person so indebted, or so much thereof as may be necessary to pay such indebtedness expenses, and charges of sale, which may have been left at such hotel or lodging house by such person.

      Sec. 2.  All baggage or property, of whatever description, left at a hotel or lodging house for the period of twelve months, may be sold at public auction by the proprietor or proprietors thereof, and the proceeds arising from such sale, after deducting the expenses and charges of sale and storage, shall be paid over to the County Treasurer of the county in which such baggage or property is left, to be held by him for the period of six months for the benefit of the owner thereof, at which time, if the same is not paid to the owner, or some person legally entitled to the same, it shall be transferred to the school fund of the county.

      Sec. 3.  All sales made under the preceding sections of this Act shall be made by a licensed auctioneer, or by some constable of the township in which such baggage or property may be left; provided, that no sale shall be valid unless a notice of such sale shall be posted up in three public places in such township,

Proprietor of hotel may sell baggage.

Proceeds of sale, how disposed of.

Sales, how made.

Proviso.

Baggage heretofore left, may be sold under provisions of this Act.

Proviso.

up in three public places in such township, for the period of twenty days immediately preceding the day of sale, giving a particular description of the property to be sold, the time and place of such sale, the name of the hotel or lodging house at which such baggage or property may be left, the names of the owner or owners of such baggage or property, when known, and signed by such auctioneer or constable.

      Sec. 4.  It shall be lawful for the proprietor or proprietors of any hotel or lodging house at which any baggage or property may have heretofore been left, to cause the same to be sold under the provisions of this Act; provided, that for the purposes of such sale, such baggage or property shall be considered as left at such hotel or lodging house at the date of the passage of this Act.

Churches, etc., may incorporate.

Trustees, certificate of appointment of.

Acknowledgment of certificate.

Powers of Trustees.

Chap. XXXVI.–An Act to provide for the Incorporation of Religious, Charitable, Literary, Scientific, and other Associations.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  It shall be lawful for all churches, congregations, religious, moral, beneficial, charitable, literary, or scientific associations or societies, by such rules or methods as their rules, regulations, or discipline may direct, to appoint or elect any number, not less than three nor more than fifteen, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalties thereof.

      Sec. 2.  Upon the appointment or election of such trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, stating the names of the trustees or directors; the name by which the said trustees shall thereafter forever be called and known shall be particularly mentioned and specified.

      Sec. 3.  Such certificate shall be acknowledged by the person making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgments of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the Clerk of the county within which such church, congregation, religious, moral, beneficial, charitable, literary, or scientific society or association shall be situated.

      Sec. 4.  Such trustees or directors may have a common seal, and may alter the same at pleasure; they may take into their possession and custody all the temporalties of such corporation, whether given, granted, or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued, may receive and hold all the debts, demands, rights, and privileges, all churches, burying places, halls, school houses, hospitals, or other buildings, all the estates and appurtenances belonging to such association or society;

tion or society; they may have, lease, and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules, or discipline of such organization.

      Sec. 5.  The District Court of the county in which any such association or corporation shall have been constituted, on application by petition of the trustees thereof, if they shall deem it proper and beneficial to such association or corporation, shall make an order for the sale of any real estate belonging to such association or corporation, and direct the application of the moneys arising from such sale to such uses as the said association or corporation, with the approval of such Court, shall deem to be for the best interests of such association or corporation; and in like manner such Court may make an order authorizing such association or corporation to mortgage any of its real estate for such purposes as shall appear to be for the interest or benefit thereof. Any order made pursuant to the provisions of this section shall be subject to rehearing and to appeal to the Supreme Court, as in other civil cases; but a party having the right of such appeal may waive the same by filing such waiver in writing, and on filing the same the right to appeal shall no longer exist.

      Sec. 6.  All lands, tenements, and hereditaments that have been, or may hereafter be, lawfully conveyed by devise, gift, grant, purchase, or otherwise, to any persons or trustees in trust for the use of any such organization, shall descend, with the improvements, in perpetual succession to, and shall be held by such trustees in trust for such organization.

      Sec. 7.  The real estate held by such association or corporation, shall in no case exceed one block in any town or city, and ten acres in the country; nor shall any portion thereof used for ordinary business purposes, and connected with the objects of such association or corporation, or rented for profit, be exempted from taxation; provided, that the Grand Lodges of the orders of Free and Accepted Masons, and of the Independent Order of Odd fellows, and subordinate lodges thereof, may acquire and hold such real and personal property as may be deemed necessary by the proper authorities thereof to carry out their charitable, educational, or ceremonial objects; and such association or corporation may sue and be sued, and have such other general powers as are by the laws of this State granted to corporation; and provided further, that all real and personal property owned by such association or corporation prior to the passage of this Act, notwithstanding any of the provisions thereof, may be still held, owned and enjoyed by them.

      Sec. 8.  It shall be the duty of said trustees annually to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation, to the society or association by which they have been appointed or elected, a copy of which report shall be filed in the County Clerk’s office, where the original certificate is filed, with an affidavit of the truth of such report, and also that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.

      Sec. 9.  An Act entitled An Act to provide for the incorporation of religious, charitable, literary, scientific, and other associations, approved December nineteenth, eighteen hundred and sixty-two, is hereby repealed; provided, that all associations or corporations formed under said Act shall remain in force, and hold all rights acquired thereby, under this Act.

Real estate, sale of.

Mortgage.

Order subject to rehearing.

Lands, etc. to descend.

Limitation of.

Proviso.

Proviso.

Trustees to make annual report.

Repeal.

Proviso.

Public highways declared.

Proviso.

Chap. XXXVII.–An Act to amend “An Act in relation to Public Highways,” approved March ninth, one thousand eight hundred and sixty-six.

[Approved March 2, 1867.]

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.  All Public roads, and the streets and alleys in incorporated cities and 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 situate 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 injure or abridge the rights of any toll road; but all roads shall be entitled to all the protection and benefits arising from this Act.

Meeting of Creditors.

Notice.

Chap. XXXVIII.–An Act to amend an Act entitled “An Act for the relief of Insolvent Debtors, and protection of Creditors,” approved March tenth, eighteen hundred and sixty-five.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section eight of said Act is hereby amended so as to read as follows:

      Section Eight.  The Judge granting the order for a meeting of the creditors, shall direct the Clerk of the Court to issue a notice calling the creditors of the insolvent to be and appear on a day not less than thirty days from the date of publication of said notice, before said Judge, at chambers or in open court, to show cause why the prayer of said insolvent should not be granted. Said notice shall be published at least thirty days in a newspaper printed in the county in which application is made, if there be one; if there be none, then in a newspaper published nearest to the county seat in an adjoining county.

Chap. XXXIX.–An Act amendatory of and supplementary to an Act entitled “An Act to amend an Act entitled an Act amendatory of and supplementary to an Act of the Legislative Assembly of the Territory of Nevada, entitled an Act to incorporate the City of Austin, approved February 20th, a.d. 1864, approved March 8th, 1865,” approved February 27th, a.d. 1866.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section ten of said Act is hereby amended so as to read as follows:

      Section Ten.  When a vacancy shall occur in the office of Mayor, City Clerk, City Attorney, or City Treasurer, the Common Council shall appoint some person to fill such vacancy. The person appointed to fill such vacancy shall hold his office for the residue of the term of his immediate predecessor. In case of any vacancy in the Board of Aldermen, by resignation or otherwise, the remaining Aldermen shall have the power to elect an Alderman to fill the vacancy at their first regular meeting after such vacancy shall occur; and shall proceed to elect by ballot some qualified voter and resident of the ward wherein the vacancy exists.

      Sec. 2.  Whenever the Common Council of the City of Austin shall deem it necessary to acquire a fund for the purpose of procuring fire engines and apparatus, and for the construction of the necessary cisterns, and providing for a supply of water for filling the same for the protection of the property of the citizens against destruction by fire, a special tax for that purpose may be levied on the taxable property within the city limits subject to taxation, not exceeding one-half of one per cent. in any one year, to create a special fund for that purpose; and the money so derived shall not be used for any other purpose. The tax in this section provided for shall be levied, assessed, and collected, and the payment thereof enforced, as other city taxes.

      Sec. 3.  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 block of any street, or their 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. 4.  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 Recorder’s Court, or directed to him by any legal authority, in all criminal cases, and to attend upon the Recorder’s Courts,

Vacancy, how filled.

Special tax.

Tax, how levied, etc.

Special Assessments for grading streets, etc.

Duty of City Marshal.

Recorder’s Courts, and to serve and execute all writs, process, and other papers issued form Justices’ Courts in city suits, including all suits brought in the name of or for the use of the city in a Justice’s Court, for the recovery of taxes, or assessments, or other matter; and he shall serve any execution or other process that may be issued upon a judgment obtained in any such action, and for such purpose he is hereby clothed with all the power and duties of a sheriff or constable holding writs of execution or other similar process, and may under such writs and process make sales of real and personal property, and execute to a purchaser thereof certificates of purchase and deeds of conveyance in the same manner and with the like force and effect as sheriff[s] or constables may do, under sales made by them under and by virtue of writs of execution and other final process.

Rates of toll.

Proviso.

Road to be kept in repair.

Chap. XL.–An Act to amend an Act authorizing Rufus Walton and Westley Lambert to complete and maintain a Toll Road.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section two of said Act is hereby amended so as to read as follows:

      Section Two.  The rates of toll on said road shall be established as follows: Two animals and wagon, fifty cents; each additional animal, twelve and a half cents; buggy and two animals, fifty cents; buggy and one animal, twenty-five cents; horseman, ten cents; pack animals, ten cents; provided, that teams passing on this road unloaded, and returning the same day loaded, or vice versa, shall be charged but one toll. The company, owner or owners, shall keep, or cause to be kept, an accurate account of the receipts of the road, and quarterly, under oath, make a report of the same to the Controller of State; and shall pay quarterly into the State Treasury, two per cent. on the gross receipts from toll received on said road.

      Sec. 2.  It is hereby made the duty of the owner or owners to keep the road in good order.

      Sec. 3.  This Act shall take effect from and after its passage.

Chap. XLI.–An Act to amend an Act entitled “An Act to provide Revenue for the support of the Government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section forty-three of the Act of which this Act is amendatory, is hereby amended so as to read as follows:

      Section Forty-three.  Each male resident of this State, over twenty-one and under sixty years of age, (uncivilized American Indians excepted) and not by law exempt, shall pay an annual poll tax, for the use of the State and county, of four dollars; and for the purposes of this Act, any person shall be deemed to be a resident of this State who shall reside in this State, or who shall be employed therein upon any public or private works, for a period exceeding ten days.

      Sec. 2.  Section fifty of said Act is hereby amended so as to read as follows:

      Section Fifty.  To enforce the collection of poll taxes, as provided in this Act, the Assessor may seize so much of any and every species of personal property whatsoever, claimed by any person (liable to and refusing or neglecting to pay his poll tax) [?] or property in the possession of, or due from any other person, and belonging to such person so refusing or neglecting to pay such poll tax, as will be sufficient to pay the same and costs of seizure, which costs shall not exceed three dollars, and shall sell the same at any time or place, giving verbal notice of one hour previous to such sale; and any person indebted to another, liable to pay a poll tax, but who has neglected or refused to pay the same, shall be liable to pay said tax for such other person after service upon him by the Assessor of a notice, in writing, stating the name or names of the person or persons so liable and owing a poll tax, and such debtor may, upon paying the same, deduct the amount thereof; and any person or persons, company or corporation, doing business within this State, and having, by direct contract, or indirectly through other contractors, in their employ one or more persons liable to and owing a poll tax in this State, shall be liable for any and all poll taxes that may be due from such employes, and may deduct the amount from any sums due, or that may afterwards become due, to such employes, whether such wages are payable directly to such employes or to other persons who furnish such employes under contract, with such person or persons, company or corporation; and the Assessor[s] of the respective counties are authorized, and it is hereby made their duty, to seize so much of any and every kind of personal property whatsoever, claimed by such person or persons, company or corporation, refusing or neglecting to pay the poll tax of all persons in their employ in this State, as will be sufficient to pay the same and costs of seizure, and shall sell the property thus seized, at any time and place, by giving notice to the claimant of at least one day of the time and place of sale; provided, that the Assessor shall first require of the person or persons, or his or their agents, or, if a company or corporation, the president, secretary, superintendent, agent, manager, or whomsoever may be in charge of any works within this State, belonging to, or under the control of, such company or corporation, a statement under oath of the number of persons employed by them, and should any person thus required refuse or neglect to makes such statement, as herein provided, it shall be the duty of the Assessor to make an estimate of the number of persons in the employ of such person or persons, company or corporation, as he may deem just and reasonable, and the assessment thus made shall be valid as though made and verified to, as herein specified; and, provided further, the county commissioners may, in their discretion, require the Assessor to demand the statement and make the assessment, as provided in this section of this Act, at different times, and at any time between the first Monday in March and the first Monday of December in each year; and any person or persons, company or corporation, should have any persons in their employ not previously assessed,

Poll taxes.

Who deemed resident.

How Assessor may enforce collection of Poll taxes.

Proviso.

Proviso.

sons in their employ not previously assessed, they shall make and furnish to the Assessor a statement of the number of such unassessed persons in their employ, and shall, thereupon, be required to pay their poll tax, as provide for in this section of this Act.

Treasurer prohibited from paying Warrants.

Redemption Fund created.

Duty of Treasurer.

Proposals for surrender of warrants.

Proposals opened.

Proviso.

Accepted bids.

Chap. XLII.–An Act to provide for the Payment of the Indebtedness of Esmeralda County.

[Approved March 2, 1867.]

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 it shall not be lawful for the Treasurer of Esmeralda County to pay any warrant drawn on the Treasury of said County prior to the passage of this Act, except in the manner hereinafter provided.

      Sec. 2.  The Board of County Commissioners of said County are hereby authorized and directed, from and after the passage of this Act, to create in the County Treasury of said County, a Fund to be known and denominated the “Redemption Fund” of said County; and all moneys coming into the treasury from and after the passage of this Act, ordered to be paid into the General Fund, shall be paid into said Redemption Fund; the moneys placed in the Redemption Fund created by this Act, shall be disbursed as hereinafter provided.

      Sec. 3.  Whenever, at any time, there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of the County Treasurer of said County to give at least ten days’ notice by publication in some newspaper published in the county; if there be no newspaper published in said county, or if the publisher of such paper shall fail or refuse to publish such notice for any cause whatever, then in that case, the Treasurer of said county shall cause said notice to be posted upon the court-house door, that sealed proposals, directed to him, will be received for the surrender of County indebtedness, audited and allowed by the Board of County Commissioners and payable out of the General Fund of said county, and allowed prior to the thirty-first of December, eighteen hundred and sixty-six, and that said proposals will be received by him, until the regular meeting of the Board of County Commissioners of said county thereafter.

      Sec. 4.  On the first day of such regular meetings of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of legal evidence of County indebtedness, against said General Fund, audited prior to the thirty-first of December, eighteen hundred and sixty-six; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied with the legal evidence of indebtedness proposed to be surrendered.

      Sec. 5.  When any bid or bids are accepted, the County Auditor shall take a description of the indebtedness to be redeemed, specifying the amount to be paid for each,

the amount to be paid for each, the date, number and amount thereof, and make a record thereof; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants of indebtedness designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid, and all warrants, so redeemed, shall be canceled by the County Treasurer, by writing across the face thereof in red ink, “purchased and redeemed,” adding thereto the time when, and the amount paid therefor, signifying [signing] the same officially. The order of the Board of County Commissioners, aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer, in the settlement of his accounts. 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 for the least sum of money. The bids and amounts of indebtedness being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as possible. The County Treasurer shall return all unaccepted bids to the owners on demand. The County Treasurer shall keep a separate account, under the heading of Redemption Fund, of all moneys received into said fund, and of all moneys paid out of said fund, and to whom paid. He shall also, in the register of County warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word “purchased” and the amount paid therefor.

      Sec. 6.  At the end of each year the County Treasurer shall include in his notice for the surrender of all County indebtedness audited and allowed by the Board of County Commissioners in [on] the said General or Redemption Fund, all of said indebtedness prior to the end of the preceding year, until the whole of said indebtedness is paid, and the County placed on a cash basis.

      Sec. 7.  All Acts, and parts of Acts, heretofore passed, so far as they conflict with the provisions of this Act, are hereby repealed, so far as the same relates to said Esmeralda County.

      Sec. 8.  All printing ordered or required to be done under the provisions of this Act, shall be audited and paid out of the first moneys coming into said Redemption Fund.

      Sec. 9.  From and after the passage of this Act, the County Auditor of said County is hereby authorized to draw his warrant for all indebtedness of said County, now existing, or which may be hereafter contracted by said Esmeralda County; provided, always, that such indebtedness shall first have been duly examined and allowed by the Board of County Commissioners of said County.

      Sec. 10.  This Act shall take effect and be in force from and after its passage.

Warrants to be canceled.

Vouchers.

Lowest bid.

Treasurer to return all unaccepted bids.

Separate accounts to be kept.

What to include in notice.

Repeal.

Printing, how audited and paid.

Treasurer authorized to draw Warrants.

Proviso.

Manner of removing or locating County Seats.

Proviso.

Proviso.

Canvass of votes.

Books, papers, records, etc. to be removed.

Failure to remove within time.

Election, how conducted.

Chap. XLIII.–An Act providing for the removal of County Seats, and the permanent location of the same.

[Approved March 2, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  When any number of legal voters of any county in this State, equal to three-fifths of the whole number of votes cast at the last general election in said county, shall petition the Board of County Commissioners of such county for the removal or location of the seat of justice, the County Commissioners shall, within fifty days thereafter, cause an election to be held at the various places of voting in said county; said Commissioners giving thirty days’ notice in some newspaper published in the county, or by posting written or printed notices at the several voting precincts in the county. Such notice shall state the time and place of holding, and the purposes for which such election is held. An any election provided for in this Act, may be held on the day of any general election for either State or county officers in such county. The place receiving a majority of all the votes cast at such election, shall be declared the county seat; provided, no place receives a majority of all the votes cast, there shall be held a second election for said seat of justice on the second Tuesday thereafter, at which second election the balloting shall be confined to the two places having the highest number of votes at the first election, as provided for in this Act; provided, that where the county seat of any county has been located by Commissioners, such location shall not be held to be a location by the people.

      Sec. 2.  The Board of Commissioners shall meet on the Monday following said election, and proceed to canvass the vote, and the place having received the majority of all the votes cast, shall be proclaimed by them the seat of justice for the said county.

      Sec. 3.  The county officers, who are required by law to keep their offices at the county seat, shall, within twenty days after said proclamation, remove all books, records, papers, and furniture belonging to the county to the place named; and if any officer shall fail to remove within the time prescribed by this section, he or his sureties shall pay to the county the sum of twenty dollars for each and every day of such failure, to be sued for and collected by the Board of County Commissioners.

      Sec. 4.  The elections provided for in this Act shall be conducted in all respects as provided for by the general election laws of this State.

Chap. XLIV.–An Act for the Incorporation of Hospitals or Asylums in certain cases.

[Approved March 4, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In all cases where lands or any other property, amounting in value to one thousand dollars or upwards, have been or shall hereafter be given, granted, devised or bequeathed to one or more trustees, or persons acting in the capacity of trustees, for the purpose of founding or endowing a Hospital, or other charitable asylum within this State, for the care or relief of orphan children, or of sick, infirm or indigent persons, and it shall, for the more effective and perfect administration of such trust, be deemed expedient by such trustee[s] to organize themselves as a corporation, then the trustees, or persons acting as trustees in whom said lands, or other property, are for the time being invested, may become incorporated by executing under their hands, and acknowledging before some person in this State authorized to take the acknowledgment of deeds, duplicate articles of incorporation, one of which shall be filed in the office of the Secretary of State, and one recorded in the Clerk’s office of the county in this State in which the office of such incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof shall become, and be a body politic and corporate, for the object and purposes set forth in said articles; and they, their successors and associates shall continue to be such body corporate and politic, and may sue and be sued, take, hold and convey real and personal estate, subject to the limitations hereinafter contained; may adopt a common seal, and change the same, and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed.

      Sec. 2.  Said articles shall contain and declare:

      First-The name of such corporation, the city, town or county in which such Hospital or Asylum is, or is to be located, and the period for which it is incorporated.

      Second-The objects of said corporation, which shall be stated with all the convenient fullness and certainty.

      Third-The names of the trustees thereby incorporated.

      Fourth-The number of persons who shall constitute the permanent board of trustees of such corporation, the mode of the election or appointment of the first board of trustees, the time for which the trustees shall be elected or appointed, and the mode in which their successors shall be elected or appointed.

      Fifth-Such other officers of the corporation as may be deemed necessary.

      Sixth-The time of holding the annual meeting.

      Sec. 3.  The affairs of said corporation shall be managed by a board of trustees, not less than three, nor more than fifteen in number, who shall be chosen or appointed in such manner as is fixed in the articles of the incorporation; such trustees shall hold for the term or time in such articles fixed, and until their successors are chosen;

Hospitals and Asylums, how incorporated.

Articles, what to contain and declare.

Board of Trustees.

Proviso.

Trustees to choose other officers, etc.

Individual Trustees to deliver property.

May hold real and personal property.

Proviso.

Trustees not entitled to compensation.

Funds of corporation, how used, etc.

Proviso.

Asylum building exempt from taxation.

Corporation to report to County Commissioners and Legislature.

chosen; provided, that when the number of trustees, and the mode of the appointment of their of their successors, is fixed in the deed, will, or other instrument of the original founder, the provisions relating thereto shall govern in said corporation, so far as consistent with the laws of this State. The other officers of said corporation shall be chosen by the trustees from their own numbers or otherwise, as the trustees shall determine. A majority of such trustees shall form a quorum, and may make by-laws, and alter the same, for the more orderly transaction of their business, and for the regulation of the care or relief to indigent and other sick and infirm persons. As soon as such corporation shall be duly organized, the individual trustees, who hold or possess the lands or other property so given, granted, devised or bequeathed, shall forthwith convey and deliver the same to such corporation by deed or other proper mode of transfer, and said corporation shall thereupon and thereafter hold, possess and enjoy the same to the same extent, and for the same purposes, as designed and declared by the original donor.

      Sec. 4.  Such corporation may, by gift, grant, devise or bequest, take, receive, and hold any property, real or personal, but only for the purposes for which it is incorporated; provided, that said corporation shall not hold any lands except such as shall be necessary for the direct and reasonable use or convenience of its Hospital or Asylum, for a longer period than ten years.

      Sec. 5.  No trustees of said corporation shall be entitled to any compensation, except under some special employment by the board, or authority expressed in the original deed or instrument of trust.

      Sec. 6.  All the funds of said corporation shall be faithfully and exclusively used for the purposes thereof, as set forth in its articles, and the same shall be wholly used within this State. Said corporation may invest its funds by loan, on mortgaged security, or by purchase of any city, county, State or United States bonds, or by loan on pledge of the same; provided, that no loan of such funds shall be made to any trustee, officer, or servant of such corporation.

      Sec. 7.  The property on which said Asylum or institution building stands, together with said buildings, shall, while occupied for the objects and purposes thereof, be exempt from taxation.

      Sec. 8.  Such corporation shall report yearly, to the County Commissioners of the county wherein such corporation is situated, and biennially to the Legislature, a full statement of its affairs, under the oath of one or more of its trustees; and for any neglect so to report when required, each one of its officers, and all of the trustees so neglecting, shall be liable to a penalty of five hundred dollars each, to be recovered by action of debt, in the name of the People of the State of Nevada.

Chap. XLV.–An Act to amend Chapter one hundred and thirteen of the Statutes of one thousand eight hundred and sixty-six, entitled “An Act to consolidate and pay certain indebtedness of the County of Ormsby,” approved March twelfth, one thousand eight hundred and sixty-six.

[Approved March 4, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section two of the Act of which this Act is amendatory, is hereby amended, so as to read as follows:

      Section Two.  A Redemption Fund of 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 (after the expenses of repairs shall have first been deducted) from rents of the building of said county, also 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 taxes allowed by law to be levied for general county purposes, shall apportion not less than forty, nor more than seventy 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.

      Sec. 2.  Section seven of this [said] Act is hereby amended, so as to read as follows:

      Section Seven.  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 County Commissioners shall compute the principal and interest due upon such obligations 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; but such further sum of one and one-fourth per cent. being so added solely for the purposes of computation, shall not be considered as forming a debt due by the county, and to be redeemed under the provisions of this Act, but such debt shall consist of the principal of the obligation, together with the interest allowed thereon, from the time of registration under the then existing laws. 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.

Redemption Fund created.

Revenue to be apportioned to Fund.

Lowest bid, how determined.

Per cent. added, not to form a debt.

To be paid pro rata when bids are equal.

Indigent sick fund abolished.

Claims payable out of general fund.

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; and, 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 bidders may, in the presence of the Commissioners, deliver their sealed bids upon such obligations, and the lowest of such bids shall then be paid.

      Sec. 3.  Upon the passage of this Act, the “Indigent Sick Fund” of said county shall be and is hereby abolished, and any moneys remaining therein shall be transferred by the Treasurer and Auditor, upon the books of their respective offices, to the “General Fund” account, and thereafter all existing unpaid claims against the said “Indigent Sick Fund” shall be payable out of the General Fund, in order of date of allowance, and as if they had originally been payable out of said fund; and hereafter, all claims allowed as incident to the care, support, and maintenance of the indigent sick, shall be payable out of the General Fund.

County Commissioners authorized to audit accounts.

Chap. XLVI.–An Act for the relief of R. Ranney, Sheriff of Nye County.

[Approved March 5, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The County Commissioners for the County of Nye are hereby authorized and directed to cause the County Auditor of said county to audit, to the account of A. Ranney, Sheriff of said county, the sum of one thousand dollars, being compensation for moneys expended by said Ranney, in the keeping and feeding of prisoners confined in the jail of said county.

Chap. XLVII.–An Act to amend an Act entitled “An Act in relation to the distribution of the Reports of the Supreme Court of the State of Nevada,” approved March first, one thousand eight hundred and sixty-six.

[Approved March 5, 1867.]

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 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 said Judges shall deem most convenient, as follows: to each Department of the National Government, one copy; to each of the States and organized Territories of the Union, one copy; to the Library of Congress, two copies; to each of the District Judges of this State, one copy; and to the District Attorney and County Clerk, each, one copy.

Distribution of Reports of Supreme Court.

Chap. XLVIII.–An Act to amend 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.

[Approved March 5, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section one hundred and twenty-five, in chapter four, in title five, of said Act is amended, so as to read as follows:

      Section One Hundred and Twenty-five.  The Sheriff, to whom the writ is directed and delivered, shall execute the same without delay; and if the undertaking mentioned in section one hundred and twenty-three be not given, as follows:

      First-Real property shall be attached by leaving a copy of the writ, with the occupant thereof, or if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the Recorder of the County.

      Second-Personal property, capable of manual delivery, shall be attached by taking it into custody.

      Third-Stock or shares, or interest in stock or shares of any corporation or company, shall be attached by leaving with the President or other head of the same, or the Secretary, Cashier, or managing agent thereof, a copy of the writ, and a notice stating the stock or interest of the defendant is attached in pursuance of such writ.

      Fourth-Debts and credits, and other personal property not capable of manual delivery, shall be attached by leaving with the person, or the Treasurer, or financial agent of any city, town, county, or municipal corporation owing such debts, or having in his or its possession, or under his or its control, such credits or other personal property, a copy of the writ, and a notice that the debts owing by him to the defendant, or credits and other personal property in his or its possession, or under his or its control, belonging to the defendant, ate attached in pursuance to such writ.

      Sec. 2.  Section one hundred and twenty-six is amended, so as to read as follows:

      Section One Hundred and Twenty-six.  Upon receiving information in writing from the plaintiff or his attorney that any person,

Writ of Attachment, how executed.

How served when property is in possession of other persons, etc.

Liability of persons, etc. having property in possession.

Examination of person indebted to defendant, etc.

Applicable to Justices’ Courts.

in writing from the plaintiff or his attorney that any person, city, town, county, or municipal corporation has in his or its possession, or under his or its control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the Sheriff or Constable shall serve upon such person, or upon the Treasurer or financial agent of any city, town, county, or municipal corporation, a copy of the writ and notice that such credits, or other property, or debts as the case may be, are attached in pursuance of such writ.

      Sec. 3.  Section one hundred and twenty-seven of said Act is amended, so as to read as follows:

      Section One Hundred and Twenty-seven.  All persons, cities, towns, counties, and municipal corporations having in their possession or under their control any credits or other personal property belonging to the defendant, or owing any debt to the defendant at the time of service upon them of a copy of the writ and a notice, as provided in the last two sections, shall be, unless such property be delivered up, or transferred, or such debts be paid to the Sheriff or Constable, liable to the plaintiff for the amount of such credits, property, or debts, until the attachments be discharged, or any judgment recovered by him be satisfied.

      Sec. 4.  Section one hundred and twenty-eight of said Act is amended, so as to read as follows:

      Section One Hundred and Twenty-eight.  Any person owing debts to defendant, or having in his possession or under his control any credits or other personal property belonging to the defendant, may be required to attend before the Court, or Judge, or a referee appointed by the Court or Judge, and be examined on oath respecting the same; and any town, county, or municipal corporation owing debts to the defendant, or having under its control any credits or other personal property belonging to the defendant, may be required by its Treasurer or financial agent to attend before the Court or Judge, or a referee appointed by the Court or Judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The Court or Judge may, after such examination, order personal property, capable of manual delivery, to be delivered to the Sheriff or Constable, on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.

      Sec. 5.  The provisions of sections one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, and one hundred and twenty-eight, as above amended, shall be applicated to proceedings in Justices’ Courts.

Chap. XLIX.–An Act amendatory of and supplementary to an Act entitled “An Act defining the time of commencing Civil Actions,” approved November twenty-first, one thousand eight hundred and sixty-one, and to repeal Acts amendatory of said Act.

[Approved March 5, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section three of an Act of the Legislative Assembly of the Territory of Nevada, entitled “An Act defining the time of commencing Civil Actions,” approved November twenty-first, one thousand eight hundred and sixty-one, is hereby amended, so as to read as follows:

      Section Three.  The State of Nevada will not sue any person for, or in respect to, any real property, or the issues or profits thereof, by reason of the right or title of the State to the same, unless

      First-Such right or title shall have accrued within ten years before any action or other proceeding for the same; or, unless

      Second-The State, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years.

      Sec. 2.  Section four of said Act is amended so as to read as follows:

      Section Four.  No action for the recovery of mining claims, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, or those through or from whom he claims, were seized or possessed of such mining claim, or were the owners thereof, according to the laws and customs of the district embracing the same, within two years before the commencement of such action. Occupation and adverse possession of a mining claim shall consist in holding and working the same, in the usual and customary mode of holding and working similar claims in the vicinity thereof. All the provisions of this Act which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining claims; provided, that in such application “two years” shall be held to be the period intended whenever the term “five years” is used; and, provided further, that when the terms “legal title” or “title” are used, they shall be held to include title acquired by location or occupation, according to the usages, laws, and customs of the district embracing the claim.

      Sec. 3.  Section five of said Act is hereby amended, so as to read as follows:

      Section Five.  No cause of action, or defense to an action, founded upon the title to real property, or to rents, or to services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within five years before the committing of the act in respect to which said action is prosecuted, or defense made.

Suits by the State for real property.

For the recovery of mining claims.

Proviso.

For the recovery of real property.

Where peaceable entry is made.

Actions other than for recovery of real property.

Limitations.

Actions applied to.

Absence of defendant at time cause of action accrued.

      Sec. 4.  Section six of said Act is hereby amended, so as to read as follows:

      Section Six.  No peaceable entry upon real estate shall be deemed sufficient and valid as a claim unless an action be commenced by the plaintiff for possession within one year from the making of such entry, or within five years from the time when the right to bring such action accrued.

      Sec. 5.  Section sixteen of said Act is hereby amended, so as to read as follows:

      Section Sixteen.  Actions other than those for the recovery of real property can only be commenced as follows: Within five years-an action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States. Within four years-an action upon any contract, obligation, or liability, founded upon an instrument in writing, except those mentioned in the preceding section. Within three years-

      First-An action upon a liability created by statute, other than a penalty or forfeiture.

      Second-An action for trespass upon real property.

      Third-An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.

      Fourth-An action for relief, on the ground of fraud; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

      Within two years-

      First-An action upon a contract, obligation, or liability not founded upon an instrument of writing.

      Second-An action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution.

      Third-An action upon a statute for a penalty or forfeiture where the action is given to an individual, or an individual and the State, except when the statute imposing it prescribes a different limitation.

      Fourth-An action for libel, slander, assault, battery, or false imprisonment.

      Fifth-An action upon a statute for a forfeiture or penalty to the State.

      Sixth-An action against a Sheriff, or other officer, for the escape of a prisoner arrested or imprisoned on civil process.

      Seventh-An action on an open account for goods, wares, and merchandise sold and delivered.

      Eighth-An action for any article charged in a store account.

      Sec. 6.  Section nineteen of said Act is hereby amended, so as to read as follows:

      Section Nineteen.  The limitations prescribed in this Act shall apply to actions brought in the name of the State, or for the benefit of the State, in the name of the State, in the same manner as to actions by private parties.

      Sec. 7.  Section twenty-one of said Act is hereby amended, so as to read as follows:

      Section Twenty-one.  If, when the cause of action shall accrue against a person, he be out of the State, the action may be commenced within the time herein limited after his return to the State; and if after the cause of action shall have accrued he depart the State, the time of his absence shall not be part of the time prescribed for the commencement of the action.

shall not be part of the time prescribed for the commencement of the action.

      Sec. 8.  Section thirty-two of said Act is hereby amended, so as to read as follows:

      Section Thirty-two.  An action upon a judgment, contract, obligation, or liability for the payment of money or damages obtained, made, executed, or incurred out of this State, can only be commenced as follows:

      First-Within one year, when prior to the passage of this Act more than two, or less than five, years have elapsed since the cause of action accrued.

      Second-Within six months, when prior to the passage of this Act more than five years have elapsed since the cause of action accrued.

      Third-Within two years, in all other cases, after the cause of action accrued. A right of action shall be deemed to have accrued on a judgment at the time of its rendition.

      Sec. 9.  Section thirty-three of said Act is hereby amended, so as to read as follows:

      Section Thirty-three.  When the cause of action has arisen in any other State or Territory of the United States, or in a foreign country, and by the laws thereof an action there cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State.

      Sec. 10.  Sections thirty-three and thirty-four of said Act, and the Act entitled “An Act amendatory of section thirty-four of an Act entitled ‘An Act defining the time of commencing Civil Actions,’ ” approved November twenty-first, eighteen hundred and sixty-one, and the Act approved November twenty-third, eighteen hundred and sixty-one, entitled “An Act to amend an Act defining the time of commencing Civil Actions,” approved by the Governor on the twenty-first day of November, eighteen hundred and sixty-one, are hereby repealed; but nothing herein contained shall be construed to affect rights already acquired, or defenses existing, at the time of the passage of this Act; and in computing the time within which to commence actions, the time which had elapsed at the time of the passage of this Act, and which might have been plead prior thereto, shall be deemed and held a part of the time herein provided for.

      Sec. 11.  This Act shall take effect and be in force from and after its passage.

Action on contract, etc., made out of State.

When action barred.

Acts repealed.

Rights acquired not to be affected.

Chap. L.–An Act entitled “An Act authorizing the County Commissioners of the several counties in this State to appoint additional Justices of the Peace.

[Approved March 5, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Whenever a majority of the taxpayers of any township in any county of this State Shall petition to the Board of County Commissioners,

Additional Justices of the Peace, how appointed.

Commissioners, for the appointment of an additional Justice of the Peace for such township, the Commissioners of said county having jurisdiction of such township shall, and they are hereby authorized to make such appointment, and to require the necessary bond, as provided by law.

Who may be joined in marriage.

Proviso.

Proviso.

Who may join persons as husband and wife.

Ministers to be licensed.

License to be produced to Clerk, etc.

Chap. LI.–An Act to amend an Act entitled “An Act relating to marriage and Divorce,” approved November twenty-eighth, one thousand eight hundred and sixty-one.

[Approved March 5, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section two of said Act is hereby amended, so as to read as follows:

      Section Two.  Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage; provided always, that male persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and, provided further, that nothing in this Act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age:

      Sec. 2.  Section four of said Act shall be amended, so as to read as follows:

      Section Four.  It shall be lawful for any ordained minister of any religious society or congregation within this State who has or hereafter may obtain a license for that purpose as hereinafter provided, or for any Judge of a District Court in his district, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this Act. Any minister of the gospel, upon producing to the District Court of any county or district within this State, credentials of his being a regular [ly] ordained minister of any religious society or congregation, shall be entitled to receive from said Court a license authorizing him to solemnize marriages within this State so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid, to produce to the County Clerk in every county in which he shall solemnize any marriage, his license so obtained; and the said Clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages with this State, and shall note the Court from which such license issued, for which service no charge shall be made by such Clerk. The record so made, or the certificate thereof by the said Clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages.

      Sec. 3.  Section five of said Act is amended, so as to read as follows:

      Section Five.  Previous to persons being joined in marriage a license shall be obtained for that purpose from the County Clerk of the county where the persons, or one of them, intending to be married reside (or in case the persons intending to be married do not reside in this State, then from the County Clerk of any county in the State). The County Clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and if any of the persons intending to marry shall be under age, and shall not have been previously married, the consent of the parent or guardian shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or hear him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license, affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk shall in any other manner issue, or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved.

      Sec. 4.  Section seven of said Act is amended, so as to read as follows:

      Section Seven.  When a marriage shall have been solemnized the person solemnizing the same shall give to each of the parties, if required, a certificate thereof, specifying therein the names and residence of the parties, and of at least two witnesses present, and the time and place of such marriage.

      Sec. 5.  Section three of said Act is hereby repealed.

      Sec. 6.  This Act shall take effect and be in force from and after the first day of June, a.d. one thousand eight hundred and sixty-seven.

License to be obtained from County Clerk.

Where persons are under age.

Clerk’s fee.

Marriage Certificate.

Repeal.

Act to take effect.

Chap. LII.–An Act amendatory of an Act entitled “An Act to provide for the Maintenance and Supervision of Public Schools,” approved March 20th, 1865.

[Approved March 8, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section one of this [said] Act is hereby amended, so as to read as follows:

      Section One.  The principal of all moneys accruing to this State from sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed for public school purposes, all fines collected under the penal laws of the State, two per cent. of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the State, shall be,

School Fund.

Board of Education.

Seal.

Sessions.

Record of Proceedings to be kept.

Duties of Superintendent.

State Teachers’ Institute.

shall be, and the same are hereby, solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, but shall constitute an irreducible and indivisible fund, to be known as the State School Fund, the interest accruing from which shall be divided semi-annually among all the counties in this State, entitled by the provisions of this Act to receive the same in proportion to the ascertained number of persons between the ages of six and eighteen years, in said counties, for the support of public schools.

      Sec. 2.  Section two of said Act is hereby amended, so as to read as follows:

      Section Two.  The Governor, the Superintendent of Public Instruction, and the Surveyor General of this State, shall constitute a State Board of Education, of which the Governor shall be the President, and the Superintendent shall be the Secretary.

      Sec. 3.  Section three of said Act is hereby amended, so as to read as follows:

      Section Three.  The State Board of Education shall have a seal, an impression and description of which shall be deposited in the office of the Secretary of State. It shall be the duty of said board to hold semi-annual sessions, for the purpose of devising plans for the improvement and management of the Public School Funds, and for the better organization of the public schools of the State, and such special sessions as may be called by the President. A full record of the proceedings of the Board shall be kept by the Secretary, and shall be embodied in the annual report of the Superintendent of Public Instruction; and it is further made the duty of the State Board of Education to have a special supervision of the State School Fund, and to invest the principal of all moneys now in, or hereafter accruing to said fund, in United States bonds, or in the bonds of this State.

      Sec. 4.  Section five of said Act is hereby amended, so as to read as follows:

      Section Five.  It shall be the duty of the Superintendent of Public Instruction, subject to the supervision of the State Board of Education, immediately after the State Controller shall have made his semi-annual report, as hereinafter required, to apportion to the several counties the amount of school money in the State Treasury to which each shall be entitled under the provisions of this Act, in proportion to the number of persons between the ages of six and eighteen years residing therein, as shown by the last previous reports of the county superintendents, and to furnish to the State Controller, to each county treasurer, and to each county superintendent, an abstract of such apportionment, and with such apportionment to furnish each county treasurer his order on the State Controller, under the seal of the State Board of Education, for the amount of school moneys in the State Treasury to which such counties shall be entitled, and to take such county treasurer’s receipt for the same.

      Sec. 5.  Section eight of this [said] Act is hereby amended, so as to read as follows:

      Section Eight.  The Superintendent of Public Instruction, by and with the consent of the Board of Education, shall have power to convene a State Teachers’ Institute annually, in such place, and at such time, as he may deem advisable, and shall preside over and regulate the exercises of such institute. He shall engage such lecturers and teachers as he may deem advisable to conduct the exercises of such institute, which shall be continued not less than five, nor more than ten days. The expenses incurred in holding such State Institute,

penses incurred in holding such State Institute, not exceeding one hundred dollars, shall be paid out of the General Fund; and the State Controller is hereby authorized and directed to draw his warrants for the name upon the order of the State Board of Education, approved by the State Board of Examiners.

      Sec. 6.  Section nine of said Act is hereby amended, so as to read follows:

      Section Nine.  It shall be the duty of the Superintendent of Public Instruction to visit each county in the State, at least once in each year, for the purpose of visiting schools, of consulting county superintendents, of lecturing and addressing public assemblies on subjects pertaining to public schools; and the actual traveling expenses incurred by the Superintendent in the discharge of this duty, shall be allowed, audited and paid out of the General Fund, in the same manner as claims upon said fund are now allowed, audited, and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars.

      Sec. 7.  Section ten of said Act is hereby amended, so as to read as follows:

      Section Ten.  The Superintendent of Public Instruction shall, at the expiration of his term of office, deliver over, on demand, to his successor all property and effects belonging to his office, and take his receipt for the same.

      Sec. 8.  Section eleven of said Act is hereby amended, so as to read as follows:

      Section Eleven.  It shall be the duty of the State Treasurer to pay over all public school moneys received by him only on warrants of the State Controller, issued upon orders of the Superintendent of Public Instruction, under seal of the Board of Education, in favor of county treasurers, or on orders of the State Board of Education for purposes of investment, as provided in section three of this Act, which orders, duly indorsed, shall be valid vouchers in the hands of the State Controller for the disbursement of public school moneys.

      Sec. 9.  Section twelve of said Act is hereby amended, so as to read as follows:

      Section Twelve.  All school moneys due each county in the State shall be paid over by the State Treasurer to the county treasurers, on the tenth day of January and the tenth day of July of each year, or as soon thereafter as the county treasurer may apply for the same, upon the warrant of the State Controller, drawn in conformity with the apportionment of the Superintendent of Public Instruction, as provided in section five of this Act.

      Sec. 10.  Section fourteen of said Act is hereby amended, so as to read as follows:

      Section Fourteen.  The State Controller shall, on or before the tenth day of April, and the tenth day of October, of each year, make to the State Board of Education a statement of the securities belonging to the State School Fund. He shall, also, on or before the tenth day of January, and the tenth day of July, in each year, render to the Superintendent of Public Instruction a statement of the moneys in the Treasury subject to distribution to the several counties of the State, as provided in section five in this Act.

      Sec. 11.  Section seventeen of said Act is hereby amended, so as to read as follows:

      Section Seventeen.  It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the county treasurer, as provided in this Act,

Visiting Schools.

Payment of expenses.

Superintendent to deliver to successor books, etc.

Duty of State Treasurer to pay over moneys.

Duties of Controller.

Duty of County Superintendent to apportion moneys.

Proviso.

Powers and duties of County Superintendents.

provided in this Act, to apportion the public school moneys in the county treasury, among the several school districts of his county, in proportion to the number of children between the ages of six and eighteen years, as returned by the school trustees and school census marshals, and to forthwith notify the county treasurer, and the school trustees, in writing, of such apportionment in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his warrant on the county treasury in favor of, and deliver the same to the person entitled to receive the same; provided, that no such warrant shall be drawn in favor of any city, town, or school district, until full and correct returns have been made to him by the same, as required by law, and a certificate of the Board of Trustees or Board of Education given, showing for what purpose, in accordance with this Act, the money is required; and, provided further, that no such warrant shall be drawn in favor of any city, town, or school district, unless there is cash in the Treasury, at the time, to the credit of said city, town, or school district.

      Sec. 12.  Section eighteen of said Act is hereby amended, so as to read as follows:

      Section Eighteen.  The County Superintendent shall have power, and it shall be his duty, in accordance with the provisions of this Act, and the instructions of the Superintendent of Public Instruction:

      First-To visit each public school in his county, at least once in each year, exercise a general supervision over the interests of public schools in his county, and give to the school trustees, marshals, and teachers such aid and counsel as may be important to the prosperity of the school.

      Second-To distribute promptly such blank reports, forms, laws, and instructions, as shall be received by him from the Superintendent of Public Instruction, for the use of school trustees, marshals, and teachers, and any other officers entitled to receive the same.

      Third-To keep on file, in his office, the reports of the school trustees, marshals, and teachers received by him, and to record all his official acts in a book, to be provided for that purpose, and, at the close of his official term, to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take a receipt for the same, which shall be filed in the office of the county treasurer.

      Fourth-To make a full report, annually, on or before the fifteenth day of September, for the school year ending on the last day of August, next previous thereto, to the Superintendent of Public Instruction; such report to include an abstract of all the various annual reports of the city boards of education, school trustees, marshals, and teachers, by law required to be made to the county superintendent for the preceding school years.

      Fifth-To preside over, regulate, and conduct all county teachers’ institutes, which may be called under the provisions of the section of this Act providing for the calling of such institutes.

      Sixth-To appoint school trustees in all the districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office. Appointments made in lieu of the first election shall be for one, two, and three years respectively, and appointments to fill vacancies shall be for the remainder of unexpired terms.

      Seventh-To draw his warrants on the county treasurer in favor of the board of trustees for the purchase of school books, which may be furnished by said trustees to indigent children of the district, making the same payable out of the county school moneys apportioned to such district.

the same payable out of the county school moneys apportioned to such district.

      Eighth-To subscribe annually for a sufficient number of copies of an educational journal, devoted exclusively to educational purposes, (to be designated by the Superintendent of Public Instruction) to furnish each school officer and teacher in his county with a copy of the same, and one copy to be filed with the records of the district, and to pay for the same in the same manner as other contingent expenscs of the district are paid out of the county school fund.

      Ninth-To give due notice of all district meetings for the election of trustees by publication in a newspaper having general circulation in the district, or by posting written notices in three public places within the district, at least five days before the time specified in this Act for holding such meetings. Failure to give said notice shall cause a forfeiture of the sum of fifty dollars from his salary, to be deducted therefrom by the County Commissioners, upon notice from the Superintendent of Public Instruction.

      Sec. 13.  Section twenty-two of said Act is hereby amended, so as to read as follows:

      Section Twenty-two.  In each school district of this State, on the first Tuesday in April, in the year eighteen hundred and sixty-seven, there shall be elected, by the qualified voters thereof, three Public School Trustees, who shall be qualified electors, whose terms of office shall be for one, two, and three years respectively, and until their successors are elected, or appointed, and qualified; the respective terms of office to be decided by lot before qualification, and in the presence of the chairman of the meeting, and annually thereafter one trustee, whose term of office shall be for three years. Said elections shall be held at the school house, or at the usual place for holding district meetings, and shall be presided over by the County Superintendent, or such person as he shall appoint, and in default thereof by such person as may be selected by the qualified voters present. School Trustees are hereby authorized to administer to each other the oath or affirmation of office, and shall qualify and enter upon the duties of their office within five days after election or appointment. Certificates of election shall be granted by the chairman, which, with the oath or affirmation indorsed thereon, shall be forwarded to the County Superintendent, who shall file the same in his office. Registration shall not be deemed a necessary qualification for voting at Trustee elections; provided, that in other respects the persons voting are qualified electors.

      Sec. 14.  Section twenty-five of said Act is hereby amended, so as to read as follows:

      Section Twenty-five.  Each Board of Public School Trustees shall constitute a body corporate, and shall have care and custody of school property within their district. They shall have power to convey by deed all the estate or interest of their district in any school house or site directed to be sold by vote of the district. It shall be their duty, directed by a vote of their district, to build, purchase, or hire school houses for the use of the district, and also, without such vote, to cause any needed repairs of the same, where the expense of such repair will not exceed one hundred dollars, and to supply school houses with necessary furniture, fixtures, and fuel. All conveyances of real estate made to said Board shall be in their corporate name, and to their successors in office.

Election of Trustees.

Terms of office.

Elections, where held.

Oath of office.

Powers and Duties of Board of Trustees.

Annual enumeration of children.

Report.

Census Marshal and duties.

Compensation.

Property exempt from sale, etc.

      Sec. 15.  Section twenty-seven of said Act is hereby amended, so as to read as follows:

      Section Twenty-seven.  It shall be the duty of the trustees in each district to take, or cause to be taken by a School Census Marshal, annually, in the month of July, an enumeration of all the children between the ages of six and eighteen years, resident within such district, and return a certified copy thereof, under oath, to the County Superintendent on or before the first day of September next following. The trustees shall also report the number of schools, specifying the different grades; the number of teachers, male and female; the number of children, male and female, who have attended school within the past year; the average attendance; the length of the term of school; the compensation of teachers, male and female; the number and condition of school houses and furniture, and the estimated value thereof; the number of books in Public School Libraries; the text books used in schools; the kind and value of school apparatus; the amount of money raised by rate bills, district taxation, and subscription for school purposes; the amount expended in erecting and furnishing school houses; and such other statistics as the Superintendent of Public Instruction may require.

      Sec. 16.  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 School Trustees of each district to appoint a School Census Marshal on or before the first day of July, and file a copy of his certificate of appointment with the County Superintendent of their county. It shall be the duty of such School Census Marshal to take annually, in the month of July, a specific census of all the children in his district between the ages of six and eighteen years, specifying the number and sex of such children, the names of their parents or guardians, and the city, town, or district in which they reside; to include all children who may be attending colleges, boarding schools, or other private institutions of learning, as resident in the city, town, or district in which the parents or guardians of such children may reside, and not to include such non-resident children in the city, town, or district when they may be attending such private schools; to report the number attending private schools; the number not attending schools; the number between the ages of eighteen and twenty-one years; the number born in Nevada; with such other statistics as the Superintendent of Public Instruction may require, and to make a full report thereof in writing, under the oath or affirmation, to the County Superintendent, and deliver a copy thereof in writing to the School Trustees or Board of Education in his district, town, or city, on or before the first day of August next after his appointment. Said School Census Marshals shall be paid for their official services such compensation as may be allowed by the Board of Commissioners of such county, upon recommendation of the School Trustees; and such demands shall be audited and paid in the same manner as other county salaries and expenses are audited and paid.

      Sec. 17.  Section forty of said Act is hereby amended, so as to read as follows:

      Section Forty.  All lots, buildings, or other school property, owned by any district, town or city, and devoted to Public School purposes, shall be and the same are hereby exempted from taxation and from sale on any execution, or other writ or order, in the nature of an execution.

      Sec. 18.  Section forty-one of said Act is hereby amended, so as to read as follows:

      Section Forty-one.  The State Superintendent of Public Instruction shall appoint three competent persons in each county within this State, who shall be and constitute a Board of Examination, for the purpose of examining applicants and granting certificates of qualification to teachers of Public Schools. They shall meet at such times and places as the interests of the public may require, and be governed by such rules and regulations as the State Board of Education may from time to time direct. They shall only grant certificates to such persons as shall pass a satisfactory examination, which certificate shall remain in force, as specified in this section, unless revoked for good cause shown. Said Board of Examiners shall have power to grant certificates of the following grades: Certificates of the first grade, for teaching unclassified grammar and high schools, which shall be good for two years; certificates of the second grade, for teaching primary schools, which shall be good for one year. Said certificates shall be issued to such persons only as have passed a satisfactory examination in the branches of study pursued in each specified grade of the Public Schools, and shall have given evidence of good moral character and fitness to teach; and such certificates shall be signed by all the Board of Examiners. Said Board shall have power to renew the certificates of a teacher who is successfully and continually engaged in teaching in the county, without a re-examination. The State Superintendent of Public Instruction shall be ex officio a member of each and every Board of Examination.

      Sec. 19.  Section forty-three of said Act is hereby amended, so as to read as follows:

      Section Forty-three.  No portion of the Public School Funds, nor of money raised by State tax, or specially appropriated for the support of Public Schools, shall be devoted to any other object or purpose.

      Sec. 20.  Section forty-six of said Act is hereby amended, so as to read as follows:

      Section Forty-six.  No Tax Collector or County Treasurer shall receive any fees or compensation whatever for collecting, receiving, keeping, transporting, or disbursing any school moneys (except what may be specially provided for in this Act); but the whole moneys collected as provided in Section forty-five of this Act, shall be paid to the County Treasurer, and disbursed by him according to law.

      Sec. 21.  Section fifty of said Act is hereby amended, so as to read as follows:

      Section Fifty.  Negroes, Mongolians, and Indians shall not be admitted into the Public Schools, but the Board of Trustees may establish a separate school for their education, and use the Public School Funds for the support of the same.

      Sec. 22.  Section fifty-six of said Act is hereby amended, so as to read as follows:

      Section Fifty-six.  Each village, town, or incorporated city of this State shall constitute but one school district, and the public schools therein shall be under the supervision and control of the trustees thereof.

      Sec. 23.  Section Fifty-seven.  The Act entitled “An Act establishing a Common School System for the Territory of Nevada,” approved November twenty-sixth, one thousand eight hundred and sixty-one; and also “An Act to amend an Act establishing a Common School system for the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one,” approved December twentieth, one thousand eight hundred and sixty-two, together with all its amendments,

Board of Examiners, and duties.

School Fund, how used.

Collector or Treasurer not to receive fees.

Negroes, etc., not to be admitted.

School Districts.

Acts repealed.

its amendments, are hereby appealed [repealed]; provided, that this repeal shall not render invalid any lawful proceedings already taken under said Act, or its amendments, and that the Common School moneys or funds already accrued from taxation or otherwise, shall inure to the benefit of, and belong to, the Public School Funds provided for in this Act; and all other laws, or parts of laws, inconsistent with the provisions of this Act, are hereby repealed.

Secretary of State authorized to employ clerk.

Compensation.

Chap. LIII.–An Act authorizing the Secretary of State to employ a Clerk in the State Library and Adjutant General’s Office.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Secretary of State is hereby authorized to employ a Clerk in the State Library and Adjutant General’s office; said Clerk shall also perform such other duties as may from time to time be required by the Secretary of State.

      Sec. 2.  The compensation of said Clerk shall be one hundred and fifty dollars per month, and the Controller of State is hereby authorized to draw his warrant on the Treasurer at the end of each month for the above amount, and the Treasurer is hereby authorized to pay the same out of any moneys not otherwise specially appropriated.

Compensation.

Chap. LIV.–An Act to amend an Act entitled “An Act concerning District Attorneys, approved March eleventh, one thousand eight hundred and sixty-five,” approved February twenty-sixth, one thousand eight hundred and sixty-six.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section four of the above entitled Act is hereby amended, so as to read as follows:

      Section Four.  The District Attorney of each county of this State shall receive for his services, annually, a compensation to be paid in four equal quarterly payments, as follows:

      First-Of the County of Storey, two thousand dollars.

      Second-Of the County of Esmeralda, one thousand dollars.

      Third-Of the County of Lander, two thousand dollars.

      Fourth-Of the County of Humboldt, one thousand dollars.

      Fifth-Of the County of Ormsby, one thousand dollars.

      Sixth-Of the County [Counties] of Washoe and Roop, fifteen hundred dollars.

      Seventh-Of the County of Lyon, fifteen hundred dollars.

      Eighth-Of the County of Churchill, one thousand dollars.

      Ninth-Of the County of Nye, fifteen hundred dollars.

      Tenth-Of the County of Douglas, one thousand dollars.

      Eleventh-When any new county shall be created hereafter, the District Attorney for such county shall receive for his services an annual salary, not exceeding fifteen hundred dollars, as the County Commissioners of such county may determine.

      Sec. 2.  All Acts, and parts of Acts, in conflict with this Act, are hereby repealed.

      Sec. 3.  This Act shall take effect on and after the first Monday in April, one thousand eight hundred and sixty-seven.

Repeal.

Chap. LV.–An Act to amend an Act entitled “ An Act concerning the office of Secretary of State,” approved February 14, 1865.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section seven of said Act is hereby amended, so as to read as follows:

      Section Seven.  It shall be the duty of the Secretary of State to superintend the printing, and have corrected a proof sheet of the Acts, Joint Resolutions, and Journals required by law to be printed, by carefully comparing them with the enrolled bills and original journals on file in his office, and to distribute the laws and journals on file in his office, and to distribute the laws and journals as soon as printed, in the following manner: To each department of the Government at Washington, one copy; to the library of Congress, two copies; to each of the States and organized Territories, two copies; to each of our member of Congress, to each of the Judges of the Supreme and District Courts, one copy; every person who was a member of the Legislature of the session when the laws and journals were adopted, and every elective officer of the Senate and Assembly, and every appointee of the Secretary and Sergeant-at-Arms of the Senate of such session, shall be entitled to one copy of each. Of the laws alone he shall furnish to the County Clerk, in the cheapest and most expeditious manner, to be by the County Clerk distributed, upon application to him, as follows: one copy for the Board of Commissioners, when such Board exists, and one copy to each county officer and each Justice of the Peace; and of the journals he shall furnish two copies of each House to each County Clerk, for the use of the county; he shall also distribute the laws and journals to such literary and scientific institutions, publishers, and authors as in his opinion may secure an interchange of works which may properly be placed in the State Library; and he shall also, through the County Clerk, distribute one copy thereof to each public library in the State.

Duty of Secretary of State to superintend printing, etc.

To distribute Laws and Journals.

Laws alone.

Journals.

Laws and Journals.

Laws and Journals to be for use of office.

Receipts.

may properly be placed in the State Library; and he shall also, through the County Clerk, distribute one copy thereof to each public library in the State. All laws and journals distributed to State or other officers of this State, except to members of the Legislature, shall be for the use of the office, and to be by the person receiving them turned over to his successor in office; and the Secretary of State shall take proper receipts for such books, and file the same in his office; and he shall also direct the County Clerks as to the form and disposition of the receipts to be taken by them from distributees.

Appropriation.

Chap. LVI.–An Act for the relief of A. Whitford.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The sum of one hundred dollars in the gold coin of the United States is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, to pay the claim of A. Whitford, as audited by the State Board of Examiners, March sixth, one thousand eight hundred and sixty-six; and the Controller is hereby authorized and directed to draw his warrant on the State Treasurer, and the State Treasurer is required to pay the same.

Salaries, etc. payable in currency.

Proviso.

Chap. LVII.–An Act amendatory of an Act entitled “An Act in relation to the payment of Salaries and other Claims against the State,” approved February 27, 1866.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section two of said Act is hereby so amended as to read as follows:

      Section Two.  From and after the first Monday of April, one thousand eight hundred and sixty-six, all salaries and claims accruing against the State, except for money borrowed and the interest thereon, shall be payable in any currency made a legal tender by any law of the United States; provided, that the compensation of the State Printer shall be paid in gold coin to July first, a.d. one thousand eight hundred and sixty-seven.

Chap. LVIII.–An Act to amend section fifty-two of an Act entitled “An Act to regulate the settlement of the estates of deceased persons,” approved November twenty-ninth, a.d. eighteen hundred and sixty-one.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section fifty-two of said Act is hereby amended, so as to read as follows:

      Section Fifty-Two.  Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:

      First-The surviving husband or wife, or some person as he or she may request to have appointed.

      Second-The children.

      Third-The father or mother.

      Fourth-The brothers.

      Fifth-The sisters.

      Sixth-The grandchildren.

      Seventh-Any other of the kindred entitled to share in the distribution of the estate.

      Eighth-The public administrator.

      Ninth-The creditors.

      Tenth-Any of the kindred not above enumerated, within the fourth degree of consanguinity.

      Eleventh-Any person or persons legally competent.

      Provided, that when there was any partnership existing between the intestate, at the time of his or her death, and any other person, the surviving partner shall in no case be appointed administrator of the estate of such intestate.

      Sec. 2.  All Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Who entitled to administer on estates intestate.

Proviso.

Repeal.

Chap. LIX.–An Act relative to transcribing and indexing certain Records in Humboldt County.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The County Clerk of Humboldt County shall, under the direction of the Judge of the District Court of said county, transcribe in suitable books, to be provided for that purpose by the Commissioners of said county, the records of the Probate Court of said county; he shall index the same, and also shall index the records of the District Court of said county.

Clerk directed to transcribe and index certain records.

Compensation.

Proviso.

Compensation allowed, audited and paid.

Original records to be preserved.

county; he shall index the same, and also shall index the records of the District Court of said county.

      Sec. 2.  The Judge of the District Court of said county shall allow said Clerk reasonable compensation for said transcribing and indexing; provided, that said compensation for transcribing shall not exceed forty cents per folio of one hundred words, and the compensation for indexing shall not exceed the amount now allowed by law to the Clerk for entering each suit in the plaintiffs’ and defendants’ index.

      Sec. 3.  The compensation of said Clerk, as fixed by said Judge, shall be allowed by the County Commissioners, audited and paid out of the redemption fund of said county, as other claims.

      Sec. 4.  The original records of said Court shall be preserved and remain in the office of said Clerk as other records of said county.

Aldermen authorized to audit claims of J. N. Williams.

Chap. LX.–An Act to provide for the liquidation and payment of certain Claims against the City of Virginia.

[Approved March 11, 1867.]

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 authorized and empowered, and it is hereby made their duty, to audit and allow from the Redemption Fund of said city, the claims of J. N. Williams, in the sum of seven thousand eight-four dollars and sixty-four cents ($7,084.64) in United States currency, the same being in liquidation and payment in full of the following described warrants and bonds, and interest thereon, to wit: Warrant No. 200, date June 30th, 1864, eight hundred dollars, interest, three and one-half per cent. per month; Warrant No. 197, date June 30, 1864, two thousand five hundred dollars, interest, three and one-half per cent. per month; Warrant No. 199, date June 30, 1864, eight hundred dollars, interest, three and one-half per cent. per month; Warrant No. 201, date June 30, 1864, eight hundred and nine dollars and sixty-two hundredths, interest, three and one-half per cent. per month; Warrant No. 198, date June 30, 1864, five hundred dollars, interest, three and one-half per cent. per month, $5,409 02/100, thirty-two months’ interest to March 1, 1867, five thousand nine hundred and sixty-eight dollars and fifty-six cents; Warrant No. 106, date May 10th, 1864, interest, five per cent. per month, eight hundred and twenty-four dollars and twenty-eight cents, interest to March 1st, 1867, one thousand three hundred and eighty-seven dollars and thirty-nine cents. Total, thirteen thousand five hundred and eighty-nine dollars and eighty-five cents. By interest paid on above in scrip, one thousand and four dollars and sixty-two cents. Balance, twelve thousand five hundred and eighty-five dollars and twenty-three cents. Warrant No. 177, date June 15, 1864, one hundred dollars at ten per cent.; Warrant No. 208, date July 7, 1864, one hundred dollars at ten per cent.; Warrant No. 16, date August 24, 1864, four hundred and four dollars and eighty-eight cents, at ten per cent.; Warrant No.

at ten per cent.; Warrant No. 31, dated September 28, 1864, fifty dollars at ten per cent.; six hundred and fifty-four and 86/100 dollars; Bond No. 35, date November 9, 1864, interest at twelve per cent. per annum, six hundred dollars, interest to March 1st, 1867, three hundred and twenty-nine dollars and eighteen cents-fourteen thousand one hundred and sixty-nine dollars and twenty-nine cents.

      Sec. 2.  Whenever within a period of one month from and after the passage of this Act, the holder of the claims against the City of Virginia which are described in section one of this Act, shall present and surrender to the Board of Aldermen of said city the evidences of indebtedness hereinbefore named, amounting in the aggregate to fourteen thousand one hundred and sixty-nine dollars and twenty-nine cents, ($14,169.29) the Board shall pass an order directing the Treasurer to pay to said J. N. Williams, out of moneys in the Redemption Fund of said city, the sum of seven thousand eighty-four dollars and sixty-four cents, ($7,084.64) in United States Legal Tender Notes; and it is hereby made the duty of the Treasurer to pay on such order the amount herein specified, as a liquidation in full of the claims calculated in section one of this Act.

Amount to be paid out of Redemption Fund, on surrender of indebtedness.

Chap. LXI.–An Act concerning the Fees of Justices of the Peace.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Justices of the Peace shall be allowed the following fees for their services: For filing each paper, twenty-five cents; for issuing any writ or paper, by which suit is commenced, one dollar; for entering cause in docket, fifty cents; for subpoena to each witness, twenty-five cents; for administering oath (or affirmation) twenty-five cents; certifying to the same, twenty-five cents; for issuing writ of attachment, or arrest, or order for the delivery of property, two dollars; for entering any final judgment, per folio, for the first folio, one dollar, for each additional folio, fifty cents; for taking and approving any bond or undertaking, required by law to be taken or approved by him, one dollar; for issuing a venire, one dollar; for taking depositions, per folio, twenty-five cents: for issuing commissions to take testimony, one dollar; for copy of any judgment, order, docket, proceeding or paper in his office, per folio, twenty-five cents; for entering satisfaction of judgment, fifty cents; for issuing execution, one dollar; for taking acknowledgments of deeds, or other instruments, including certificates, for the first name, one dollar, for each subsequent name, twenty-five cents; for issuing supersedeas to an execution, one dollar; for making up and transmitting transcript and papers on appeal, two dollars; for issuing search warrant, one dollar; for celebrating marriage and returning certificate to the Recorder, five dollars; for issuing writ of restitution, one dollar; for all services and proceedings in a criminal action, the same fees as are allowed in civil cases; but in no case shall there be a charge against the county,

Fees of Justices of the Peace.

Same.

there be a charge against the county, exceeding in any one case the sum of ten dollars; for taking bail after commitment in criminal cases, to be collected from the defendant, one dollar; for entering any cause without process, one dollar; for entering judgment by confession, as in the District Court, three dollars; for each motion, exception, rule, order, default, dismissal, discontinuance or nonsuit, and for filing each paper required to be filed, twenty-five cents.

Controller directed to draw warrant.

Chap. LXII.–An Act for the relief of Wallace Goodell, late County Treasurer of Churchill County.

[Approved March 11, 1867.]

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 State Treasurer in favor of Wallace Goodell, late County Treasurer of Churchill County, for the sum of sixty-five dollars and forty cents, to reimburse him for expenses incurred in conveying the money belonging to the State, from the county seat of Churchill County, to the capital of this State; and the State Treasurer shall pay the same out of the General Fund.

Masonic and Odd Fellows’ Grand and subordinate Lodges incorporated.

Chap. LXIII.–An Act to amend an Act entitled “An Act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate Lodges in this State,” approved March third, one thousand eight hundred and sixty-five.

[Approved March 11, 1867.]

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 Grand Lodge of the Ancient Order of Free and Accepted Masons in the State of Nevada, and its subordinate Lodges, and the Grand Lodge of the Independent Order of Odd Fellows, and its subordinate Lodges, shall be deemed bodies corporate and politic; the Grand Lodges, from the date of their organization and by their corporate names; the Lodges subordinate thereto, from the date of their charters from their respective Grand Lodges, or from the date of their Resolutions filed with their respective Grand Secretaries that they have become subordinate thereto.

Resolutions filed with their respective Grand Secretaries that they have become subordinate thereto.

      Sec. 2.  Section four of said Act is hereby amended, so as to read as follows:

      Section Four.  Upon the election or appointment of Trustees, as provided in this Act, a certificate of such election or appointment shall be executed by the Secretary of the Lodge making the appointment, duly acknowledged before a competent officer, and shall be filed in the office of the Clerk of the county in which the subordinate Lodge is located, or in the case of the Grand Lodges, in the office of the Secretary of State.

Certificate of election or appointment of Trustees.

Chap. LXIV.–An Act to amend an Act of the Legislative [Assembly] of the Territory of Nevada, approved November 5th, 1861, entitled “An Act concerning Conveyances.”

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section four of the foregoing entitled Act is hereby amended, to read as follows:

      [Section Four.]  The proof or acknowledgment of every conveyance affecting any real estate, shall be taken by some one of the following officers: First, if acknowledged or proved within this State, by some Judge or Clerk of a Court having a seal, or some Notary Public or Justice of the Peace; provided, when the acknowledgment is taken before a Justice of the Peace in any other county than that in which the real estate is situated, the same shall be accompanied with the certificate of the Clerk of the District Court of such county, as to the official character of the Justice taking the proof or acknowledgment, and the authenticity of his signature. Second, if acknowledged or proved without this State, and within the United States, by some Judge or Clerk of any Court of the United States, or of any State or Territory having a seal, or by any Commissioner appointed by the Government of this State for that purpose, or by a Justice of the Peace of any county in any State or Territory in the United States, accompanied with the certificate of the Clerk of a Court of Record of the county having a seal, as to the official character of the Justice, and the authenticity of his signature. Third, if acknowledged or proved without the United States, by some Judge or Clerk of any Court of any State, Kingdom, or Empire having a seal, or by any Notary Public therein, or by any Minister, Commissioner, or Consul of the United States appointed to reside therein.

      Sec. 2.  All acknowledgments or proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged, or proven, and certified, or which may have been certified in the manner hereinabove provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer, and certified to [in] the manner heretofore required by law; provided, that nothing herein shall effect [affect] any right of a bona fide purchaser, or acquired by operation of law, prior to the passage of this Act.

Acknowledgments, by whom to be taken.

Acknowledgments heretofore taken, record valid.

Proviso.

officer, and certified to [in] the manner heretofore required by law; provided, that nothing herein shall effect [affect] any right of a bona fide purchaser, or acquired by operation of law, prior to the passage of this Act.

Treasurers’ salaries.

When deemed in force.

Repeal.

Chap. LXV.–An Act to amend an Act entitled “An Act to provide Revenue for the support of the Government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section eighty-three of the Act of which this is amendatory is hereby amended, so as to read as follows:

      Section Eighty-three.  The Treasurers of the several counties of this State shall be allowed the following annual salaries, to wit: The Treasurer of Storey County, three thousand dollars; of Ormsby County, fifteen hundred dollars; of Douglas County, five hundred dollars; of Esmeralda County, one thousand dollars; of Lyon County, eighteen hundred dollars; of Washoe County, two thousand dollars; of Churchill County, one thousand dollars; of Nye County, one thousand dollars; of Lander County, twenty-five hundred dollars; of Humboldt County, eight hundred dollars; said salaries to be audited by the Board of County Commissioners, and paid at the end of each quarter, out of the Treasurer’s Salary Fund.

      Sec. 2.  This Act shall be deemed to be in force from and after the first of January, one thousand eight hundred and sixty-seven.

      Sec. 3.  Chapter eighty-eight of the laws of eighteen hundred and sixty-six, approved March third, eighteen hundred and sixty-six, is hereby repealed.

Officers to be commissioned by the Governor.

Chap. LXVI.–An Act to amend “An Act to provide for organizing and disciplining the Militia of this State,” approved March 4th, 1865.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section seven of said Act is amended, so as to read as follows:

      Section Seven.  All military officers, appointed or elected under the laws of this State, shall be commissioned by the Governor, and each commission shall be countersigned by the Secretary of State as such, and attested by the same officer as ex-officio Adjutant General of the State,

and attested by the same officer as ex-officio Adjutant General of the State, and the officer so commissioned shall take the oath of office prescribed by the Constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be indorsed on each commission, and a certified copy of the same shall be made out by the officer administering it and delivered to the officer taking it, and by him transmitted to the Adjutant General; and the commission shall be deemed as taking effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion, the oath need not be renewed, and the commission shall take effect from its date. Commissions shall run at the pleasure of the Commander-in-Chief, except as herein otherwise provided. No fees shall be charged for issuing commissions under this Act, to any officer of the militia of this State.

      Sec. 2.  Section twenty-two of said Act is amended, so as to read as follows:

      Section Twenty-two.  It shall be the duty of the Board of County Commissioners of any county in this State in which public arms, accoutrements or military stores are so received, to audit and allow for the care and custody thereof, and to defray the current expenses of military organizations therein, the sums, and in manner as hereinafter in this section specified. That is to say: in any county wherein there shall be three companies organized, there shall be allowed and paid two thousand dollars; in any county wherein there shall be two companies, fifteen hundred dollars; and in any county wherein there shall be one company organized, one thousand dollars annually; such sums so to be audited and allowed, quarter yearly, from the first day of January, a.d. 1867, on presentation of claims by the officers or finance committee of the several companies so organized, one-half of such allowance to be paid out of the funds in the County Treasury belonging to the State, and the other half out of the General Fund of the County, to be paid by the County Treasurer on presentation, by the proper officer of the company or companies entitled thereto, of the Auditors’ certificate of such allowance having been made by the Board of County Commissioners. In counties wherein there are two or more companies so organized, such allowance to be equally divided among them. And the County Treasurer shall require from the officer or committee to whom he shall pay the State’s portion of such allowance, a receipt therefor, which shall be received by the State Treasurer as so much money, and be so allowed in the settlement by the County Treasurer with the Controller and Treasurer of State.

      Sec. 3.  Section seventy-one is hereby amended, so as to read as follows:

      Section Seventy-one.  The Commander-in-Chief shall by order prescribe a uniform for the volunteer organized militia of this State, and communicate the same through proper military channels, and no uniforms different from that prescribed in such order shall be worn when on duty; provided, such order shall not be construed to affect companies which have a uniform differing from that prescribed, which was adopted and obtained previous to the order; but any company so pre-uniformed shall, when they effect a change therein, conform to the requirements of this section.

Oath.

Oath not renewed, when.

Fees not to be charged.

Duty of County Commissioners in relation to care of public arms, etc.

Sums to be allowed to companies.

To be allowed quarterly.

Allowance how paid.

County Treasurer to require receipt, etc.

Commander-in-chief to prescribe uniform for militia.

Proviso.

Attorney General to reside and keep office at seat of government, etc.

To prosecute or defend certain causes.

To account for moneys.

To give written opinions to certain officers.

To keep a docket of causes, etc.

Chap. LXVII.–An Act defining the duties of the Attorney General of the State of Nevada.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Attorney General shall reside and keep his office at the seat of government, and shall not absent himself form the State exceeding sixty consecutive days without leave of absence from the Legislature. He shall be commissioned by the Governor, and shall take the oath prescribed by the Constitution, and shall give bond with security, to be approved by the Board of State Examiners, in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office.

      Sec. 2.  The Attorney General shall attend each of the terms of the Supreme Court, and there prosecute or defend, as the case may be, on the part of the State, all causes to which the State may be a party; also, all causes to which any officer of the State, in his official capacity, may be a party; also, all causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his official capacity; and after judgment obtained in any such cause, he shall direct such proceeding, and sue out such process as may be required to carry the same into execution. He shall account for, and pay over to the proper officer, without delay, all moneys which may come into his hands belonging to the State of any county. It shall be his duty to assist in all impeachments which may be tried before the Senate.

      Sec. 3.  When required, the Attorney General shall give his opinion, in writing, upon any question of law, to the Governor, the Secretary of State, Controller, Treasurer, Surveyor General, the Trustees, Commissioners, or Warden of State Prison, Hospital, or Asylum, or the officers of any State institution whatever, and to any District Attorney, upon any question of law relating to their respective offices; and for no duty required of him by law shall he be entitled to receive any fee whatever.

      Sec. 4.  The Attorney General shall keep a docket of all causes to which the State, or any officer of the State, in his official capacity, or any county, may be a party; which docket shall at all times, in business hours, be open to the inspection of the public, and shall set forth the county, district, and Court in which said causes shall have been instituted, tried, and adjudged, and whether civil or criminal causes; if civil causes, the nature of the demand, the stage of the proceedings; and when prosecuted to judgment, a memorandum of the judgment, of the process, if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the Sheriff or other officer on said process; and if criminal causes, the nature of the crime, the mode of prosecution, the style of the proceedings, and when prosecuted to sentence, a memorandum of the sentence.

      Sec. 5.  The Attorney General shall, also, on the first day of January annually, report to the Governor the condition of the affairs of his department, and in such report make such suggestions as shall appear to him calculated to improve the laws of the State.

pear to him calculated to improve the laws of the State. He shall communicate to the Governor, or either branch of the Legislature, when requested, any information concerning his office.

      Sec. 6.  Whenever the Governor shall direct, or in the opinion of the Attorney General, to protect and secure the interest of the State, it is necessary that a suit be commenced or defended in any Court, it is hereby made the duty of the Attorney General to commence such action, or make such defense; and such actions may be instituted in any District Court in the State, or in any Justice’s Court of the proper county.

      Sec. 7.  If the Attorney General shall neglect or refuse to perform any of the duties required of him by law, he shall be deemed guilty of misdemeanor, or shall be subject to removal from office; and he shall be responsible upon his official bond for all carelessness, negligence, or malfeasance in office.

      Sec. 8.  The Attorney General shall receive as salary the sum of twenty-five hundred dollars per annum, payable quarterly; and he shall receive in the performance of his duty as Attorney General no other compensation whatever. And except the necessary contingent expenses of the office, no claim against the State created in the office of the Attorney General, or in the performance of any duty by the Attorney General, shall be paid or allowed, unless the same be first approved by the Board of Examiners and afterward presented to the Legislature, and a law enacted for the payment of the same.

      Sec. 9.  All the provisions of this Act shall apply to, and be in force respecting the duties of the present incumbent of the Attorney General’s office, and respecting all matters touching said office.

      Sec. 10.  All Acts, and parts of Acts, so far as the same relate to the office of the Attorney General, and are in conflict with the provisions of this Act, are hereby repealed.

To report annually to the Governor.

To assist District Attorneys in certain cases.

Refusal to perform duty deemed misdemeanor.

Salary.

Contingent expenses.

Provisions to apply.

Repeal.

Chap. LXVIII.–An Act to provide for the contingent expenses of the Surveyor General’s office from December, 1864, to December, 1866, inclusive.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Controller of State is hereby directed to draw his warrant on the General Fund in favor of S. H. Marlette, for the sum of eight hundred and ten dollars, ($810) and the Treasurer of State is hereby directed to pay the same out of any unappropriated funds in said fund.

Controller directed to draw warrant.

Appropriations.

Chap. LXIX.–An Act making appropriations for the support of the Civil Government of the State of Nevada for the third and fourth fiscal years.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The following sums of money are hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the objects hereinafter expressed, and for the support of the Civil Government of the State of Nevada for the third and fourth fiscal years: For salary of Governor, twelve thousand dollars. For salary of private Secretary of Governor, four thousand eight hundred dollars. For payment of rewards which may be offered by the Governor for arrest of criminals, two thousand dollars. For arresting criminals outside the limits of the State, to be expended under the direction of the Governor, one thousand dollars. For postage, expressage and telegraphing in the office of the Governor, one thousand dollars. For contingent expenses of the office of the Governor, two hundred and fifty dollars.

      For salary of Secretary of State, seven thousand two hundred dollars.

      For salary of Deputy Secretary of State, six thousand, thousand, dollars.

      For salary of Clerk in State Library, and Adjutant-General’s office, three thousand six hundred dollars.

      For postage and expressage in the office of Secretary of State, one thousand dollars.

      For copying and indexing laws in the office of Secretary of State, five hundred dollars.

      For transportation of books and documents ordered to be distributed by the Secretary of State, five hundred dollars.

      For contingent expenses in the office of Secretary of State, two hundred and fifty dollars.

      For stationery, blank books, lights, fuel, etc., for the State officers, four thousand dollars; said amount to be used for no other purpose by the Secretary of State, and no clerk shall receive his salary out of said appropriation.

      For pay of Porter for the Capitol building, twelve hundred dollars.

      For salary of Controller of State, seven thousand two hundred dollars.

      For salary of Deputy Controller of State, six thousand dollars.

      For the prosecution of delinquents for infraction of the revenue laws, to be expended under the direction of the Controller, one thousand dollars.

      For postage and expressage in the office of Controller, one thousand dollars.

      For contingent expenses in the office of Controller, two hundred and fifty dollars.

      For salary of Treasurer of State, seven thousand two hundred dollars.

      For salary of Clerk in the office of Treasurer of State, four thousand eight hundred dollars.

      For postage and contingent expenses in the office of Treasurer of State, two hundred and fifty dollars.

      For pay of Porter in the offices of Controller, Treasurer and Surveyor-General, six hundred dollars.

      For salary of Attorney General, five thousand dollars.

      For postage and contingent expenses in the office of Attorney General, one hundred dollars.

      For salary of Superintendent of Public Instruction, four thousand dollars.

      For traveling expenses of Superintendent of Public Instruction, one thousand dollars.

      For postage and expressage in the office of Superintendent of Public Instruction, one hundred dollars.

      For contingent expenses in the office of Superintendent of Public Instruction, one hundred dollars.

      For salary of Surveyor General, two thousand dollars.

      For postage and expressage in Surveyor General’s office, two hundred and fifty dollars.

      For contingent expenses in Surveyor General’s office, two hundred and fifty dollars.

      For postage, expressage and contingent expenses for State Library, two hundred and fifty dollars.

      For shelving and furniture for State Library, one hundred and fifty dollars.

      For insurance of State Library, five hundred dollars

      For contingent expenses of the Board of Examiners, two hundred and fifty dollars.

      For salaries of Justices of the Supreme Court, forty-two thousand dollars.

      For six hundred copies annually of the Supreme Court reports, as now provided by law, seven thousand five hundred dollars.

      For printing, paper, and official advertisements, twenty thousand dollars.

      For rent of Capitol building, five thousand dollars.

      For rent of office for Controller of State and Treasurer of State, three thousand dollars.

      For rent of office for Surveyor General, six hundred dollars.

      For support of the State Prison, to be expended under the direction of the Board of State Prison Commissioners, seventy thousand dollars.

      For salary of Warden of State Prison, six thousand dollars.

      For salary of Deputy Warden, three thousand six hundred dollars.

      For support of the Indigent Insane of the State, to be expended as now required by law, ten thousand dollars.

      For the support of the orphans of the State, at the Nevada Orphan Asylum, at Virginia City, to be expended as required by law, five thousand dollars.

      Sec. 2.  The stationery, blank books, lights and fuel required by the Supreme Court and State Officers, shall be furnished by the Secretary of State, upon the order of the Judges or officers requiring the same. The Secretary of State shall furnish to the Legislature, at the time he makes his biennial report, a statement showing the cost of the articles so furnished to said Judges and State officers.

Appropriations.

Stationery, fuel, etc. to be furnished by Secretary of State.

Sworn statement of how appropriations have been expended.

      Sec. 3.  The various State officers, to whom appropriations, other than salaries, are made under the provisions of this Act, shall, with their biennial reports, submit a detailed an[d] itemized statement under oath, of the manner in which all appropriations to their respective departments for rent of office, contingent expenses, or any purpose other than the payment of salaries, have be expended; provided, that no officer shall use or appropriate any money for any purpose whatever, unless authorized to do so specifically, by law.

License collector.

Licenses levied.

Billiard tables.

Theaters.

Pawnbrokers.

Intelligence offices.

Chap. LXX.–An Act to amend Section fifty-eight, of an Act entitled “An Act to provide Revenue for the Support of the Government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section fifty-eight of “An Act to provide [revenue] for the Support of the Government of the State of Nevada,” approved March ninth, a.d. eighteen hundred and sixty-five, is hereby amended, so as to read as follows:

      Section Fifty-eight.  The Sheriff in the several counties of this State shall be ex officio Collector of Licenses, as provided in this Act. There shall be levied and collected the following licenses: First-From each proprietor, or keeper of a billiard table, not kept for the exclusive use of the owner or his family, for each table, five dollars per quarter year; for a nine or ten pin, or bowling alley, ten dollars per quarter year; license to be granted for a term of not less than three months. Second-From the manager or lessee of any theater, five dollars per day, if granted for a less term than one month; if granted for one month, fifty dollars shall be paid; if granted for three months, one hundred dollars; if granted for one year, four hundred dollars; and for each exhibition of serenaders, opera or concert singers, the same payment for license as is required for theatrical performances; for each exhibition of circus, caravan, or menagerie, or any collection of animals, for public amusements, twenty dollars for each exhibition; and for each show of any figures, and for each exhibition of wire dancers, or sleight of hand performances or other exhibition or performances for hire, not herein enumerated, ten dollars per day. Third-For each pawnbroker, one hundred dollars per quarter year. Fourth-For each keeper of an intelligence office, fifteen dollars per quarter year.

Chap. LXXI.–An Act to legalize the publication of Summons, in Suits for the Collection of Delinquent Taxes in the several Counties of this State.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In the several counties of this State where the tax collectors thereof have officially served the summons in suits for the collection of delinquent taxes by posting copies thereof at the courthouse door of the county wherein such suits were commenced, such action of said officer is hereby legalized; provided, if there was at the time of such publication a newspaper published in said county, and from any cause whatever the proprietor, manager, or chief clerk of such newspaper refused to publish the same, such facts to be shown by affidavit of the officer serving said summons.

Service of summons legalized.

Proviso.

Chap. LXXII.–An Act supplementary to an Act entitled “An Act to provide Revenue for the Support of the Government of the State of Nevada,” approved March 9th, 1865, and other Acts amendatory and supplementary thereof.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The County Treasurers of the respective counties of this State, in their capacity of ex officio Tax Receivers, are hereby authorized and empowered, and it is made their duty, between the third Monday in October, and the third Monday in December of each year, to specially assess all persons and property, for taxation, and collect the taxes so assessed in all cases where the County Assessor has neglected or omitted, from any cause, to make the assessment on any person or property in the county, or where any person or property has, since the closing of the assessment roll, come into the county; provided, any person feeling aggrieved by any such assessment may appear before the Board of County Commissioners, and apply to have such assessment equalized, modified or discharged; and the Board of Commissioners shall hold a general or special session, to hear and finally determine matter.

      Sec. 2.  As soon [as] any such assessment is made, the ex officio Tax Receiver shall deliver to the County Auditor a statement thereof, containing the name of the person, and a description of the property assessed; if any change is made in such assessment by the Board of Equalization, the Clerk thereof shall certify to the County Auditor such change, and the County Auditor shall charge the ex-officio Tax Receiver with the taxes so assessed.

Treasurer authorized to assess property omitted by assessor, etc.

Proviso.

Statement to be delivered to Co. Auditor.

Auditor to charge Receiver.

Tax Receiver to collect, etc.

Delinquent taxes to be certified to District Attorney.

such change, and the County Auditor shall charge the ex-officio Tax Receiver with the taxes so assessed. Such assessment when made, shall be as valid as when made by the County Assessor, and shall be due and payable immediately; subject only to an equalization thereof by the Board of County Commissioners. The ex-officio Tax Receiver shall collect and receive the same immediately after the assessment, unless an equalization is claimed, and if equalized, immediately thereafter; and he is hereby vested with all the powers of the County Assessor, to enforce the payment of all personal property taxes so assessed, and may seize and hold a sufficient amount of property at the expense of the owner thereof (to secure the payment of the taxes so assessed) during the pendency of an application before the Board of County Commissioners to have such assessment equalized, modified or discharged.

      Sec. 3.  If any person shall fail to pay the taxes assessed under the provisions of this Act, for a period of thirty days, the assessments made by the ex-officio Tax Receiver shall be by him certified to the District Attorney of the county, who shall proceed to enforce the collection thereof as in other cases of delinquent taxes.

Mayor and Clerk required to issue warrant.

Chap. LXXIII.–An Act for the relief of W. M. Gillespie, late City Clerk of Virginia.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Mayor and City Clerk of Virginia, Storey County, Nevada, are hereby required to issue a warrant on the Treasurer of said city, in favor of William M. Gillespie, late City Clerk, for an amount of currency sufficient to make up the difference due him in coin, for salary as City Clerk during the last eight months of the year eighteen hundred and sixty-six; provided, that from the amount of said warrant as calculated on the basis aforesaid, there shall be deducted the sum of one hundred and twenty-five dollars in currency.

Commissioners authorized to audit compensation.

Chap. LXXIV.–An Act to authorize the Board of County Commissioners of Lander County, to audit and allow certain claims.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Board of County Commissioners of Lander County, are hereby authorized and empowered to audit and allow to F. H. Harman, Justice of the Peace, of Austin Township No. One, and to W.

and to W. K. Logan, Justice of the Peace, of Austin Township No. Two, a compensation for services rendered as Registry Agents during the year a.d. one thousand eight hundred and sixty-six, as follows: to each, forty cents for each voter registered by him, where no Poll tax receipt was sold by him to the voter registered.

Chap. LXXV.–An Act in relation to Enrolling Laws, Resolutions, and other Documents.