[Rev. 5/3/2022 8:47:10 PM]
κ1869 Statutes of Nevada, Page 43κ
LAWS OF THE STATE OF NEVADA,
passed at the
FOURTH SESSION OF THE LEGISLATURE, 1869.
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Chapter I.An Act for the relief of C. S. Varien.
[Approved January 26, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Auditor of Humboldt County is hereby authorized and directed to draw a warrant on the contingent fund of said county for one hundred dollars, in favor of C. S. Varian, for services rendered and expenses incurred in making supplemental assessment of Humboldt County, Nevada, in the year one thousand, eight hundred and sixty-eight. |
Auditor directed to draw warrant. |
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Chap. II.An Act to authorize the Commissioners of Ormsby County to issue to the Virginia and Truckee Railroad Company Bonds to the amount of Two Hundred Thousand Dollars, and to provide for the payment of the same.
[Approved January 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever within eighteen months from the passage of this Act, the Virginia and Truckee Railroad Company, a corporation existing under the laws of this State, shall have completed the construction of a first-class iron railroad from some point within the limits of the city of Carson to a point upon the county line of Ormsby County, |
Board of Commissioners required to issue bonds. |
κ1869 Statutes of Nevada, Page 44 (CHAPTER 2)κ
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Amounts of bonds.
Coupons.
How payable. Bonds, how prepared.
Coupons, how signed.
Fulfillment of conditions. Board to issue bonds
Proviso.
Tax to be levied and collected.
Proviso.
Additional tax to be levied.
Same.
Proceeds of tax, how applied. |
struction of a first-class iron railroad from some point within the limits of the city of Carson to a point upon the county line of Ormsby County, on the line of a railroad between said city and the city of Virginia, Storey County, and the same shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of Ormsby County are hereby authorized and directed to prepare and issue the bonds of said county, to the amount of two hundred thousand dollars, in the form hereinafter specified, and deliver the same to the Virginia and Truckee Railroad Company, for its benefit. Sec. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient, but no bonds shall be for a less amount than one hundred dollars, and none for a greater amount than one thousand dollars; said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven per cent. per annum, payable semi-annually. The bonds shall be payable to bearer, at the office of the County Treasurer of said county, in fifteen years from their date. The bonds shall be prepared in proper form under the directions of the Board, and shall be signed by the President of the Board, and countersigned by its Clerk, who shall attach thereto the County Seal. The coupons for semi-annual interest shall be signed by the President of the Board. Sec. 3. Immediately after being notified by the company of the fulfillment of the conditions upon which said bonds are to issue as above stated, the Board of Commissioners shall proceed to satisfy themselves, by personal inspection or otherwise, of the fact of the performance of said conditions, and on being so satisfied shall without delay prepare, issue and deliver the bonds as above directed; provided, that the certificate of the Surveyor-General of the State and the County Surveyor of Ormsby County to the fact of fulfillment of said conditions shall be conclusive evidence thereof to said Commissioners. Sec. 4. The said Board of County Commissioners are hereby authorized and required to levy and collect annually, until all of said bonds issued under the provisions of this Act shall have been fully paid or provided for, a tax of one per cent. upon all taxable property of Ormsby County, to be applied exclusively to the payment of the principal and interest of said bonds, to be issued as herein provided; provided, that for the first two years after the issuance of said bonds, the surplus of the proceeds of said tax, if any there be, after the payment of said interest, shall be paid into the general fund of said county, and after said two years said surplus shall be used in the redemption fund as hereinafter provided. The said Board of County Commissioners are further authorized and required to levy and collect annually, during the five years succeeding the two years above mentioned, such tax upon all the taxable property in Ormsby County, in addition to the aforesaid tax of one per cent., as shall be sufficient to raise the sum of five thousand dollars per annum, to be applied exclusively to the redemption of the said bonds to be issued as herein provided. And after said five years the said Commissioners shall levy and collect annually, in addition to said tax of one per cent., such further tax, if any shall be necessary, as will be sufficient to pay the accruing interest, and to redeem annually one-eighth of the amount of bonds outstanding at the end of seven years from the date of their issuance. Sec. 5. After the expiration of two years from the issuance of said bonds there shall be applied from the proceeds of the tax above directed, |
κ1869 Statutes of Nevada, Page 45 (CHAPTER 2)κ
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rected, to the redemption of the principal of said bonds, for the first five years thereafter, the sum of five thousand dollars per annum, and for the succeeding eight years a sum equal to one-eighth of the whole amount of principal of said bonds outstanding and unredeemed at the expiration of seven years from the date of their issuance; provided, that if in any year, by reason of the special tax imposed as above required, there shall be a surplus after payment of the interest and the application for redemption of the amounts as directed above, such surplus shall be transferred to the general fund of said county. Sec. 6. The amount raised by the tax levied as above required and not hereinbefore directed to be placed in the general fund, shall be placed in a separate fund, to be called the Railroad Interest and Sinking Fund, which shall be applied first to the payment of the semi-annual interest as above directed; and second, to the redemption of said bonds as provided in the following section. Sec. 7. Whenever all interest due upon said bonds shall have been fully paid and there shall be in said fund a surplus, which upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the Clerk of said Board, on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of the said bonds. Sec. 8. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for. |
Proviso.
Railroad interest and Sinking Fund.
Surplus not needed, sealed proposals for surrender of bonds invited.
Proposals opened.
Proviso.
Faith of the State pledged. |
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Chap. III.An Act to create a Board of Commissioners to examine and report upon the amount of just claims existing, for property destroyed and for losses sustained by Indian depredations in Humboldt County, in this State, in the years 1867 and 1868.
[Approved January 30, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Alonzo Denio, J. B. Merchant, and C. C. Woods, and their successors in office, are hereby constituted a Board of Commissioners to examine all claims for property destroyed and losses sustained, by Indian depredations in Humboldt County, in this State, in the years 1867 and 1868; and report the same to the Governor of this State by the first day of May, 1869. |
Board of Commissioners constituted. |
κ1869 Statutes of Nevada, Page 46 (CHAPTER 3)κ
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Qualification and duties.
Place of business.
Majority to constitute a quorum.
Resignations and vacancies.
When office deemed vacant. Governor, when to fill vacancy.
Powers.
Perjury.
Compensation.
Proviso.
May employ a clerk. |
the years 1867 and 1868; and report the same to the Governor of this State by the first day of May, 1869. Sec. 2. At any time as soon as practicable after the passage of this Act, the Commissioners herein appointed shall enter upon the discharge of their duties, under oath, to be administered by any one authorized to administer oaths; shall elect one of their number to act as president, and shall cause to be published, for two successive weeks, in some newspaper published in said county, a notice requiring all parties holding claims for property destroyed, or for losses sustained, by Indian depredations in said county, in the years aforesaid, to come forward and present the same within one month from the time of the first publication of such notice. Sec. 3. The place of business of said Board shall be at the town of Scottville, Paradise Valley, in said county; and sessions of said Board may be held at said town, at any time, without further notice than to the members thereof left at the residence or place of business of such members, if personal service be not had. Sec. 4. Whenever a majority of said Board shall qualify, such majority may enter upon the discharge of the duties of said Board; and, at any time thereafter, any two members of said Board, who shall have qualified, shall constitute a quorum for the transaction of the business and the exercise of the powers of said Board. Sec. 5. Resignations in the Board may be accepted by the majority of said Board, and all vacancies in said Board, whether caused by death, resignation or otherwise, may be filled by appointment of said Board. Sec. 6. If any member of said Board shall remove from said county, or be absent therefrom for the period of one month, his office shall be deemed vacant. Sec. 7. In case of a lack of a majority of said Board to accept a resignation or fill a vacancy, such resignation may be accepted and such vacancy be filled by appointment by the Governor. Sec. 8. Said Commissioners shall have full discretion to determine the justice of said claims, and for that purpose shall have full power to send for persons and papers; and any one of said Commissioners, who shall have qualified, shall have power, during his continuance in office, to administer oaths to any parties or witnesses who may be examined by said Board. Sec. 9. If any person shall willfully make or give, under oath or affirmation, before said Board, a false statement of his or her property destroyed, or losses sustained, such person shall be deemed guilty of perjury, and upon conviction thereof shall be punished therefor as is by law provided for the punishment of perjury. Sec. 10. The said Board shall receive the sum of fifteen hundred dollars as compensation for discharging the duties imposed by this Act, to be apportioned pro rata among the members of said Board, in accordance with the period of actual service of each member; provided, that Congress allow said amount, in addition to an appropriation for the payment of claims for property destroyed, and losses sustained, by Indian depredations as aforesaid; and in no manner whatever shall any costs, claim, or compensation for any service done, or any expenses incurred by said commission, be paid by the State of Nevada. Sec. 11. The said Board may employ a clerk, whose duty it shall be to keep a record of the proceedings of said Board, and who shall be allowed as compensation therefor the sum of five hundred dollars, to be paid only as provided in the preceding section of this Act. |
κ1869 Statutes of Nevada, Page 47 (CHAPTER 3)κ
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be paid only as provided in the preceding section of this Act. Said clerk shall hold his office at the will of the majority of said Board; and if different persons are employed as clerk, the Board shall report the amount which should be paid to each of said persons. Sec. 12. When the said Commissioners have completed their labors they shall make a full report thereof to the Governor of this State, setting forth the facts and amount of claims as ascertained and allowed or rejected by them, that he may be advised in the premises and take such means as he may deem expedient to secure the payment of the same, by an appropriation from the general government. |
Compensation.
Report to be made to the Governor. |
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Chap. IV.An Act to transfer certain Moneys in the Indigent Sick Fund of Esmeralda County, to the Redemption and Treasurers Salary Fund of said County.
[Approved January 30, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand dollars of the Indigent Sick Fund of Esmeralda County, is hereby transferred to the Redemption and Treasurers Salary Fund of said County, and to be apportioned as hereinafter provided. Sec. 2. The County Treasurer of said Esmeralda County is hereby authorized and required to transfer to the Redemption Fund the sum of seven hundred dollars, and to the Treasurers Salary Fund the sum of three hundred dollars, as hereinbefore appropriated from the Indigent Sick Fund. Sec. 3. All Acts or parts of Acts that are in conflict with the foregoing provisions are hereby repealed. Sec. 4. This Act shall take effect from and after its passage. |
Fund transferred.
Treasurer required to transfer.
Acts in conflict repealed. |
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Chap. V.An Act to amend an Act entitled an Act to provide for the publication of the decisions of the Supreme Court of the State of Nevada.
[Approved January 30, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is amended to read as follows: Section One. The decisions of the Supreme Court of the State of Nevada shall be published in one good octavo volume of the size as near as may be of the Third Nevada Reports, containing about 700 pages, and to be substantially bound in calf binding. |
Decisions of Supreme Court, how published. |
κ1869 Statutes of Nevada, Page 48 (CHAPTER 5)κ
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Volume, what to contain.
Clerk of Supreme Court appointed Commissioner. Number of copies to be furnished to State.
Duty of Commissioner.
Judges to accept.
Proofsheets to be submitted to judges.
State to be owner of edition.
Appropriations for publication.
Controller to draw warrant an acceptation by judges, etc. |
to be substantially bound in calf binding. Said volume to contain the full reports of each year commencing with the first day of January and ending with the 31st day of December, when the entire number do not make more than 700 pages of printed matter; but in cases where such reported decisions shall exceed 700 pages, the surplus shall go into the next succeeding volume. Sec. 2. Section three of said Act is amended to read as follows: Section Three. The Clerk of the Supreme Court is hereby appointed Commissioner to contract with some competent and responsible publisher for printing and publishing each volume of reports thus prepared by him. He shall furnish the State of Nevada with six hundred copies of each volume published, which six hundred copies shall be delivered to the Secretary of State at the Capital. Sec. 3. Section four of said Act is amended to read as follows: Section Four. It shall be the duty of said Commissioner to have said reports printed on good paper in clear and suitable type; and they and each of them shall be subject to the approval and acceptance of the Judges of said Supreme Court. Sec. 4. Section five of said Act is amended to read as follows: Section Five. The proof sheets of said reports during the progress of their publication shall be submitted to the Judges of the Supreme Court and receive their sanction. Sec. 5. Section six of said Act is amended to read as follows: Section Six. That the State may be the owner and have the benefits of the entire edition, it shall be the duty of said Commissioner to contract with his publisher that none of said reports in excess of the six hundred volumes herein provided for shall be published by him. Sec. 6. Section ten of said Act is amended to read as follows: Section Ten. There is hereby appropriated and set apart three thousand seven hundred dollars in gold coin for the preparation and publication of the fourth volume of the Nevada Reports, and also a like sum is hereby appropriated and the same shall be set apart in gold coin on the first Monday of January a. d. 1870, for the preparation and publication of the fifth volume of said Nevada Reports, in accordance with the provisions of this Act, and the Act of which this is amendatory; and on presentation of the proper evidence of acceptation of said Nevada Reports by the Judges of the Supreme Court, or a majority of them, the Controller of State shall draw his warrant on the Treasurer in favor of said Commissioner for said sum of three thousand seven hundred dollars, and said Treasurer shall pay the same out of the fund hereby created. |
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κ1869 Statutes of Nevada, Page 49κ
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Chap. VI.An Act to repeal an Act entitled An Act to encourage the construction of a Telegraph Line to Unionville and Star City, approved February ninth, one thousand eight hundred and sixty-four.
[Approved February 1. 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act of the Legislature of the Territory of Nevada entitled An Act to encourage the construction of a Telegraph Line to Unionville and Star City, approved February 9, 1864, is hereby repealed. This Act shall take effect and be in force on and after the tenth (10) day of December, A.D. one thousand eight hundred and sixty-nine. |
Act repealed. |
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Chap. VII.An Act to authorize the Commissioners of Storey County to issue to the Virginia and Truckee Railroad Company, Bonds to the amount of Three Hundred Thousand Dollars, and to provide for the payment of the same.
[Approved February 1, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever within one year from the passage of this Act, the Virginia and Truckee Railroad Company, a corporation existing under the laws of this State, shall have completed the grading of a railroad track from some point within the corporation limits of the City of Virginia, to a point upon the county line of said county on the line of a railroad between said city and the City of Carson, Ormsby County, and shall have placed the necessary ties thereon, and the same shall be in proper condition for receiving the iron superstructure, the Board of County Commissioners of Storey County are hereby authorized and directed to prepare and issue the bonds of said county, to the amount of one hundred and fifty thousand dollars in the form hereinafter specified, and deliver the same to the said Virginia and Truckee Railroad Company, for its benefit. And whenever within eighteen months from the passage of this Act, the said Virginia and Truckee Railroad Company shall have fully completed the said road from the City of Virginia to the City of Carson, and the same shall be in complete readiness to receive the rolling stock proper therefor, and to operate between said points, the said Commissioners shall prepare, issue and deliver to said company for its benefit, the bonds of said county, in like form, to the additional amount of one hundred and fifty thousand dollars. |
Board of Commissioners required to issue bonds. |
κ1869 Statutes of Nevada, Page 50 (CHAPTER 7)κ
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Amounts of bonds.
Coupons.
How payable.
Bonds, how prepared.
Coupons, how signed.
Fulfillment of conditions, Board to issue bonds.
Proviso.
Tax to be levied and collected.
Faith of the State pledged.
When tax to be levied, assessed and collected.
Railroad interest and Sinking Fund. |
Sec. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient, but no bond shall be of a less amount than one hundred dollars, and none for a greater amount than one thousand dollars; said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven per cent. per annum, payable semi-annually. The bonds shall be payable to bearer at the office of the County Treasurer of said county, as follows: of the first issue, one hundred thousand dollars in amount, in six years from their date, and fifty thousand dollars in ten years from their date; of the second issue, fifty thousand dollars in amount in ten years from their date, and one hundred thousand dollars in fifteen years from their date. The bonds shall be prepared in proper form, under the directions of the Board, and shall be signed by the President of the Board, and countersigned by its clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board. Sec. 3. Immediately after being notified by the company of the fulfillment of either of the conditions upon which said bonds are to be issued as above stated, the Board of Commissioners shall proceed to satisfy themselves by personal inspection, or otherwise, of the fact of the performance of said conditions, and on being so satisfied, shall without delay prepare, issue, and deliver the bonds as above directed; provided, that the certificate of the Surveyor-General of the State, and the County Surveyor of Storey County, to the fact of fulfillment of said conditions shall be conclusive evidence thereof to said Commissioners. Sec. 4. The said Board of County Commissioners are hereby authorized and required to levy and collect annually, until all the bonds issued under the provisions of this Act shall have been fully paid or provided for, a tax of one-half of one per cent. on all the taxable property of Storey County, to be applied exclusively to an interest and sinking fund for the payment of the bonds and coupons to be issued as herein provided. And the faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified, as in any way to impair the security of those who shall hold or purchase the bonds herein provided for. Sec. 5. The County Commissioners shall annually, at the time of the levying of other county taxes, levy the tax aforesaid of one-half of one per cent. provided for in the preceding section. The said tax shall be levied, assessed and collected in the same manner and by the same officers as other county taxes; but if the County Commissioners fail to make the levy in this Act provided for, the Tax Collector of the county shall proceed to collect the same, as if the levy had been properly made by the County Commissioners; and when the taxes hereby provided for are not paid to the Tax Collector, they shall be collected by the District Attorney, as taxes for other county purposes are collected; and the failure of the Board of Commissioners to levy the tax shall in no way invalidate the tax or any proceeding to collect the same. Sec. 6. The proceeds of said tax shall be placed by the County Treasurer in a separate fund, to be known as the Railroad Interest and Sinking Fund, and shall be applied: first, to the payment of the interest on said bonds as the same shall become due; and second, to the redemption of said bonds in the manner prescribed in the next section. |
κ1869 Statutes of Nevada, Page 51 (CHAPTER 7)κ
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Sec. 7. Whenever all interest due upon said bonds shall have been fully paid, and there shall be in said fund a surplus, which upon a fair estimate of the receipts, which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same to be made and filed with the Clerk of said Board on or before a day certain, therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of the said bonds. |
Surplus not needed. Sealed proposals for surrender of bonds invited.
Proposals opened.
Proviso. |
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Chap. VIII.An Act to establish the financial transactions of the State upon a coin basis.
[Approved February 2, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of January, A.D. eighteen hundred and sixty-nine, all salaries, fines, fees, imposts and dues of whatsoever description, whether State, county, township, or municipal, shall be payable in United States gold and silver coin. Sec. 2. All taxes which may hereafter be levied, whether State, county or municipal, shall be levied, assessed and collected in United States gold and silver coin. Sec. 3. The State Treasurer, by and with the advice and consent of the Board of Examiners; and the Treasurers of the several counties, by and with the advice and consent of the Board of County Commissioners; and the Treasurers of municipalities, by and with the advice and consent of the Board of Aldermen, or Board of Trustees, within the State, are hereby authorized and required to convert the legal tender paper currency, not required for the payment of claims, as provided in Section four of this Act, which now is, or hereafter shall be, paid into any fund in either respective treasuries, into the United States gold and silver coin. Sec. 4. Nothing contained in this Act shall be so construed as to affect any claim against the State, or any county, township or municipality, contracted prior to the first day of January, A.D. eighteen hundred and sixty-nine; but all such claims shall be paid in the legal tender paper currency of the United States. Sec. 5. All Acts and parts of Acts in any wise conflicting with or repugnant to any of the provisions of this Act, are hereby repealed. |
Salaries, etc., to be paid in coin.
Taxes to be levied, etc., in coin. Treasurers required to convert currency into coin.
Act not to affect claims prior to June 1, 1869.
Repeal. |
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κ1869 Statutes of Nevada, Page 52κ
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Treasurer prohibited from paying warrants.
Redemption Fund created.
Tax apportioned.
Disbursed.
Duty of Treasurer.
Proposals for surrender of accounts.
Proposals opened.
Lowest bid to be accepted. Proviso.
Accounts classified. |
Chap. IX.An Act for the purpose of placing the finances of Lyon County upon a permanent cash basis, and to provide for the payment of the outstanding indebtedness of the said County.
[Approved February 4, 1869.]
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 be unlawful for the Treasurer of Lyon County to pay any account or accounts of said county, allowed or audited prior to the passage of this Act, except in the manner hereinafter provided. Sec. 2. The Board of County Commissioners of Lyon County are hereby authorized and required from and after the passage of this Act, to create in the County Treasury a fund to be known as the Redemption Fund of said county. Out of the amount of tax allowed by law to be levied for general county purposes, said Commissioners shall apportion annually, to the said Redemption Fund, forty (40) cents on each one hundred dollars valuation of the taxable property of said county, until the indebtedness hereinafter provided for, to wit: thirty-two thousand dollars, ($32,000) as principal, and no more, is fully paid. Said tax shall be levied, assessed and collected at the same time and in like manner, as other State and county taxes; and the amount of tax so apportioned and collected shall be placed in said Redemption Fund as soon as paid into said Treasury. The moneys placed in the Redemption Fund created by this Act, shall be disbursed only as hereinafter provided. Sec. 3. Whenever at any time there shall be in said Redemption Fund five hundred dollars, ($500) or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice, by publication in some newspaper published at the county seat of said county; or if there is no newspaper published at the county seat of said county, then said notice shall be published in some newspaper in Storey County, of general daily circulation, that sealed proposals directed to him will be received for the surrender of the accounts allowed and audited prior to the passage, or under the provisions of this Act; and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said county thereafter. Sec. 4. On the first day of such regular meeting of such Board of County Commissioners, they, together with the County Auditor and County Treasurer, shall attend at the office of the latter, then and there open all sealed proposals, and accept the lowest bids for the surrender of county accounts allowed and audited as specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid, unless accompanied by the account or accounts allowed and audited against said county, proposed to be surrendered. Sec. 5. All outstanding accounts allowed and audited against said county are hereby divided into three classes; all accounts audited prior to the first day of January, one thousand eight hundred and sixty-seven, (1867) shall be deemed the first class; and all audited from the first day of January, one thousand eight hundred and sixty-seven (1867) to the first day of January, one thousand eight hundred and sixty-eight (1868) shall be deemed the second class; and all audited subsequent to said date last named shall be deemed the third class. |
κ1869 Statutes of Nevada, Page 53 (CHAPTER 9)κ
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shall be deemed the second class; and all audited subsequent to said date last named shall be deemed the third class. Sec. 6. On the acceptance of any bid or bids, made in pursuance of the provisions of this Act, the County Commissioners shall give a preference of fifteen (15) per cent. to audited accounts of the first class, over and above those of the second and third class; and a preference of ten (10) per cent. to those of the second class, over and above those of the third class. Sec. 7. When any bid or bids are accepted the County Auditor and County Treasurer shall each take a description of the account or accounts, so allowed and audited to be redeemed, specifying the amount or amounts to be paid for the same, the date, number and amount thereof, and make a record of the same in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the account or accounts designated in the accepted bid or bids, and pay for the same in legal tender notes or greenbacks at par, out of the Redemption Fund aforesaid, and all accounts, reference being had to the preference of class, allowed or audited, 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, and 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 of audited accounts for the least sum of money. The bids and amounts being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as practicable. The County Treasurer shall return all unaccepted bids, together with the account or accounts therein contained, to the owners upon demand. The County Treasurer shall keep a separate account, under the head of Redemption Fund, of all moneys received into and a correct account of all moneys paid out of said fund, and to whom paid. In the register hereinbefore provided he shall write opposite each account redeemed, under the provisions of this Act, the word Purchased, and shall also state the amount paid therefor. Sec. 8. When any claim against said county, which accrued prior to the passage of this Act, is allowed by the Board of County Commissioners of said county, and audited by the Auditor of said county, after the passage of this Act, the same shall be allowed, and purchasable out of the Redemption Fund of said county, and all certified evidences of such indebtedness, allowed and audited as aforesaid, shall be drawn upon and purchasable out of said Redemption Fund, in the same manner provided for by this Act for the purchase of the audited accounts specified, with moneys of said county in said Redemption Fund. Sec. 9. No audited account or accounts shall be purchased or redeemed under the provisions of this Act, unless the same shall have been allowed according to law; and it is hereby made the duty of the Board of County Commissioners to pass upon the legality of the same, before the same shall be purchasable or redeemed. Sec. 10. Should there at any time be gold or silver remaining in said Redemption Fund, it shall be the duty of the County Treasurer, by order of the Board of County Commissioners of said county, |
Preference of classes.
Accepted bids.
Accounts to be canceled. Vouchers.
Preference. Lowest bid.
Treasurer to return accounts, etc. Separate accounts to be kept.
Claims purchasable out of Redemption Fund.
Commissioners to pass on legality of accounts.
Coin to be sold for |
κ1869 Statutes of Nevada, Page 54 (CHAPTER 9)κ
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Legal Tender Notes.
When money to be transferred to General Fund. |
by order of the Board of County Commissioners of said county, to sell the said gold or silver, thereby reducing the same to legal tender notes or greenbacks, paying the same amount, together with the amount realized from such sale, into the said Redemption Fund of said county. Sec. 11. All moneys remaining in the Treasury, after the payment of the principal and interest of the indebtedness provided for in this Act, shall be transferred, by order of the Board of County Commissioners, to the General Fund of Lyon County. Sec. 12. This Act shall take effect from and after its passage. |
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State Legislative Fund created.
Proviso.
Controller directed to draw warrants.
Interest.
Exempt from operation of Act relating to Board of Examiners. Balance remaining to be paid to Treasurer.
Moneys remaining to |
Chap. X.An Act to create Legislative Funds.
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-five thousand dollars, in gold coin, 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 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; provided, said warrants shall bear interest at the rate of fifteen per cent. per annum from date until paid, or advertised for payment, as provided in Section No. 4. Sec. 2. The State Controller is hereby authorized and required to draw his warrant, payable out of the State Legislative Fund created by the preceding section, in the sum of five thousand dollars, in favor of the Sergeant-at-Arms of the Assembly, and in the sum of four thousand dollars, in favor of the Sergeant-at-Arms of the Senate; said warrants to bear interest at the rate of fifteen per cent. per annum from date until paid, as provided in Section four of this Act, for the purpose of defraying the incidental expenses of the two Houses; said amounts to be held by those officers and paid out by them in such manner as their respective bodies shall by resolution direct. Said amounts 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 seven, a.d. one thousand eight hundred and sixty-five. Any balance remaining in the hands of either Sergeant-at-Arms upon the adjournment of the Legislature, shall be paid to the State Treasurer and revert to the General Fund. Sec. 3. Any moneys that may remain in the fund created by this Act, after the payment of all warrants drawn or directed to be drawn upon said fund prior to the adjournment of the Legislature, shall revert to the General Fund. |
κ1869 Statutes of Nevada, Page 55 (CHAPTER 10)κ
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upon said fund prior to the adjournment of the Legislature, shall revert to the General Fund. Sec. 4. The State Treasurer shall number and register in the order of presentation in a book to be provided by him, all the warrants presented to him drawn by the State Controller on the Legislative Fund and Legislative Contingent Funds, and whenever there shall be the sum of five thousand dollars in the hands of the Treasurer, he shall give notice on a bulletin board in his office, setting forth the fact, and that warrants bearing certain numbers and date shall be presented for payment, and upon presentation will be paid by him, and said warrants so advertised for payment shall cease bearing interest from the date of such notice. Sec. 5. Nothing contained in this Act shall affect the provisions of an Act entitled An Act to provide for the payment of the salaries of the Judges of the Supreme Court of the State of Nevada, passed February twenty-first, one thousand eight hundred and sixty-six.
This is to certify that Assembly Bill No. 1, entitled An Act to create Legislative Funds, has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: Yeas, 35; nays, 1. D. O. ADKINSON, Speaker of the Assembly. A. WHITFORD, Clerk of the Assembly.
This is to certify that Assembly Bill No. 1, entitled An Act to create Legislative Funds, has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: Yeas, 19; nays, 0. JAMES. S. SLINGERLAND, President of the Senate. JOHN WASSON, Secretary of the Senate.
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revert to General Fund.
Duty of State Treasurer.
Bulletin board.
Not to affect salaries of the Judges Supreme Court.
Certificate
Certificate.
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Chap. XI.An Act to amend Section sixty-six of an Act entitled An Act concerning conveyances, approved November 5, 1861.
[Approved February 10, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixty-six of the Act of the Legislative Assembly of the Territory of Nevada as above recited, is hereby amended so as to read as follows: Section Sixty-six. No mortgage of personal property, hereafter made, shall be valid against any other person than the parties thereto, |
Mortgages of personal property, when valid. |
κ1869 Statutes of Nevada, Page 56 (CHAPTER 11)κ
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Proviso.
Proviso.
Affidavit of mortgagor and Mortgagee.
Possession of crop. |
thereto, unless possession of the mortgaged property be delivered to, and retained by, the mortgagee; provided, that a mortgage upon growing crops, executed, acknowledged and recorded, shall be valid as against third parties, without such delivery of possession, and such lien shall continue until after such crop shall have been harvested, threshed and delivered to the order of the mortgagee; provided, such mortgage may be executed as well before as after the planting of the crop; and if executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crop when planted. The affidavit of both the mortgagor and mortgagee, or some one in their behalf, in case of absence from the county, shall be appended or annexed to the mortgage, setting forth that the mortgage is given for a debt actually owing from the mortgagor to the mortgagee, and the same is not made nor received with intent to hinder, delay or defraud any creditor of the mortgagor. Any growing crop mortgaged as aforesaid may be seized under attachment or execution, and the surplus over and above the mortgaged debt secured to any other creditor of the mortgagor by serving upon the mortgagee, or, in his absence from the county, upon his agent or other person in charge or possession of such crop, a copy of the attachment or execution. But the actual possession of such crop shall not be taken from the mortgagee, unless full payment of the mortgagees demand, with interest, be first paid, which if done by a creditor of the mortgagor, shall entitle him to hold such crop and the possession thereof, under his levy for repayment to him of the amount so paid, with interest, as provided in the mortgage so paid, in addition to his own individual demand. |
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Superintendent authorized to receipt for moneys due from U. S.
Money to be paid to State Treasurer. |
Chap. XII.An Act to authorize the State Superintendent of Public Instruction to draw the percentage allowed by the United States to this State, on the sale of public lands sold in the State of Nevada.
[Approved February 10, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Superintendent of Public Instruction is hereby authorized and empowered to receive and receipt for, all moneys which are now or may hereafter become due to this State for percentage allowed to this State by the United States, on the sales made by the United States of public lands which are situated and sold in this State; and for the purposes aforesaid, said State Superintendent is made the agent of this State. Sec. 2. Upon receiving any money as contemplated in Section one herein, the State Superintendent of Public Instruction shall, after furnishing a statement thereof to the State Controller, pay the same over to the State Treasurer, taking his receipt for the same in duplicate, one of which he shall deliver to the State Controller. All money received by virtue of this Act shall be placed in the School Fund, and used as other School Funds, |
κ1869 Statutes of Nevada, Page 57 (CHAPTER 12)κ
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other School Funds, until required by law for purposes of internal improvement; provided, whenever an Act of Congress shall have been passed authorizing the diversion of such moneys from the purposes of internal improvements to common school purposes, the same shall thereafter become a part of the permanent School Fund of this State. |
Money to be placed in School Fund. |
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Chap. XIII.An Act to amend an Act entitled 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.
[Approved February 10, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section One. 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 place in said Redemption Fund all moneys hereafter collected (after the expenses of repairs shall have been ascertained and deducted) from rents of the County Building of said county; also, all moneys hereafter collected on delinquent taxes due to said county prior to the year a. d. 1866, levied and collected heretofore for the aforesaid Building, Hospital, General and Contingent Funds, and for a Jail Building Fund in eighteen hundred and sixty-three. In addition the Board of County Commissioners of said county, at the time fixed by law for the levy of State and county taxes of the amount of taxes allowed by law to be levied for general county purposes, shall apportion not less than twenty nor more than forty cents on 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 or the Act hereby amended to be paid and placed into said Redemption Fund, shall be used for any other purpose or purposes than those specified in the Act creating said Redemption Fund, and Acts amendatory thereto. |
Redemption Fund created.
Apportionment to fund.
Not to be used for other purpose. |
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κ1869 Statutes of Nevada, Page 58κ
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Unlawful for Treasurer to pay warrants.
Commissioners required to create Redemption Fund.
Moneys, how disbursed.
Duty of Treasurer.
Proposals for surrender of indebtedness.
Proposals opened.
Proviso.
Accepted bids.
Warrants, how canceled.
Vouchers. |
Chap. XIV.An Act to provide for the payment of the indebtedness of Esmeralda County.
[Approved February 10, 1869.]
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 the 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, 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. 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; 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 surrendered, specifying 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 surrendered shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, purchased and redeemed, adding thereunto the time when and the amount paid therefor, 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. |
κ1869 Statutes of Nevada, Page 59 (CHAPTER 14)κ
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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. 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. 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. This Act shall take effect, and be in force from and after its passage. |
Lowest bid.
Treasurer to return unaccepted bids.
Separate accounts.
Auditor authorized to draw warrants.
Acts repealed. |
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Chap. XV.An Act to amend Section seven of an Act entitled An Act to repeal an Act entitled An Act to authorize the incorporation of the Town of Aurora to the City of Aurora, approved February 9, 1864, and to provide for the payment of the indebtedness thereof, approved February 17, 1866.
[Approved February 10, 1869.]
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. When it is ascertained that all city warrants and other legal evidences of indebtedness, as provided for in this Act, are redeemed and paid, and the affairs of the corporation are settled, it shall be the duty of the Board of County Commissioners to order, and the County Treasurer to transfer on such order, the balance of money remaining in said Redemption Fund to the fund of School District Number One of said county, and notify the Auditor of the amount so transferred, and the time of the transfer, which amount shall become a part of and belong to said fund of School District Number One. |
Money remaining to be transferred on settlement of affairs. |
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κ1869 Statutes of Nevada, Page 60κ
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Petition to be filed with clerk.
Notice to be published.
Court to make order when.
When objection are filed, Court to hear proofs.
Order to be recorded. |
Chap. XVI.An Act in relation to changing the names of Individuals.
[Approved February 10, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person desiring to have his or her name changed, may file, with the Clerk of the District Court of the District in which he or she may reside, a petition, verified by his or her oath, addressed to said Court, stating his or her present name, the name which he or she desires to bear in future, and the reason for desiring said change. Sec. 2. Upon the filing of said petition the applicant shall make out and procure to be published, in some newspaper of general circulation in the county, for the period of thirty days, a notice stating the fact of the filing of the petition, its object, his or her present name, and the name which he or she desires to bear in future. Sec. 3. If, within ten days after the expiration of the thirty days, no written objection shall be filed with said Clerk, upon proof of the filing of the petition and publication of notice, as required in section two, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the said Court shall make an order changing the name of the applicant, as prayed for in the petition. If within said period objection be filed, the Court shall appoint a day for hearing the proofs respectively of the applicant and the objection, upon reasonable notice; and upon said day shall hear the proofs and grant or refuse the prayer of the petitioner, according as the proofs shall or shall not show satisfactory reasons for making said change. Upon the making of an order granting the prayer of the petitioner, the same shall be recorded as a judgment of said Court, and the name of the applicant shall thereupon be as stated in said order. |
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Members of organized militia exempt from serving as jurors, etc. |
Chap. XVII.An Act to amend Section 44 of an Act entitled An Act to provide for organizing and disciplining the Militia of the State, approved March 4th, A. D. 1865.
[Approved February 12, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of the above entitled Act is hereby amended so as to read as follows: Section Forty-four. All members of the organized militia of this State, commissioned or mustered as such, and all members of the enrolled militia, drafted and mustered into active service, under the provision of this Act, shall be exempt from jury duty, and from serving on any posse comitatus, except when called to do so in their military capacity, by the Commander-in-Chief. |
κ1869 Statutes of Nevada, Page 61 (CHAPTER 17)κ
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provision of this Act, shall be exempt from jury duty, and from serving on any posse comitatus, except when called to do so in their military capacity, by the Commander-in-Chief. Whenever a member of the organized militia shall be summoned as a juror in order to entitle him to the exemption provided in this section, he shall be required to produce to the Court before which he is summoned, a certificate of the commanding officer of his company, countersigned by the first sergeant, that he is a member in good standing, fit for active service, and not in arrears for fines or dues; and such certificate shall bear date the day summons is served upon such member, or later. In the case of commissioned officers or non-commissioned officers of staff, the production of their commissions, or warrants of appointment, and, if required by the Court, their oath, that they are active members of the organized militia of this State, shall be deemed sufficient to exempt them from jury duty. Sec. 2. This Act shall take effect from and after its passage. |
Proviso.
Commissioned and non-commissioned officers to produce commission, etc. |
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Chap. XVIII.An Act to amend an Act entitled An Act to regulate proceedings in criminal cases in the Courts of Justice in the Territory of Nevada, approved November 26, 1861.
[Approved February 12, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five hundred and forty-five of said Act is hereby amended so as to read as follows: Section Five Hundred and Forty-five. Upon the production of the order, or a certified copy thereof, the County Treasurer shall pay the witness the sum specified therein, out of any fund in the County Treasury not otherwise specially appropriated or set apart. It shall not be necessary for such order to be presented to the Board of County Commissioners or Auditor. |
Payment of witnesses. |
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Chap. XIX.An Act supplementary to an Act entitled An Act for securing Liens to Mechanics and others, approved November 21, A. D. 1861.
[Approved February 12, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All foundrymen and boiler makers, and all other persons performing labor, or furnishing machinery, or boilers, or castings, or other material for the construction, or repairing, or carrying on of any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or for such machinery, or boiler, or castings, or other material furnished by each respectively. |
Foundrymen, etc., to have lien. |
κ1869 Statutes of Nevada, Page 62 (CHAPTER 19)κ
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Mode of filing, etc., to apply to this Act. |
any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or for such machinery, or boiler, or castings, or other material furnished by each respectively. Sec. 2. All the provisions of the said Act to which this Act is supplementary respecting the mode of filing, recording, securing and enforcing mechanics liens, shall apply hereto; and the word superstructure, wherever it occurs in said Act, is hereby made applicable to the provisions of section one of this Act. |
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Board of Commissioners required to issue bonds.
Amounts of bonds.
Coupons.
How payable.
Bonds, how prepared.
Coupons, how signed.
Fulfillment of conditions, Board to issue bonds. |
Chap. XX.An Act to authorize the Commissioners of Lyon County to issue to the Virginia and Truckee Railroad Company Bonds to the amount of Seventy-five Thousand Dollars, and to provide for the payment of the same.
[Approved February 15, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever within eighteen months from the passage of this Act, the Virginia and Truckee Railroad Company, a corporation existing under the laws of this State, shall have completed the construction of a first-class iron railroad, from some point within the limits of the City of Virginia to the City of Carson, on the line of a railroad between said cities, which line shall pass a point not more than twelve hundred feet west of Trenchs Mill, in Silver City, Lyon County, and the same shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of Lyon County are hereby authorized and directed to prepare and issue the bonds of said county to the amount of seventy-five thousand dollars, in the form hereinafter specified, and deliver the same to the Virginia and Truckee Railroad Company, for its benefit. Sec. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient; but no bonds shall be of a less amount than one hundred dollars, and none for a greater amount than one thousand dollars; said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven per cent. per annum, payable semi-annually. The bonds shall be payable to bearer at the office of the County Treasurer of said county in fifteen years from their date. The bonds shall be prepared in proper form under the directions of the Board and shall be signed by the President of the Board, and countersigned by its Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board. Sec. 3. Immediately after being notified by the Company of the fulfillment of the conditions upon which the said bonds are to issue as above stated, the Board of County Commissioners shall proceed to satisfy themselves, |
κ1869 Statutes of Nevada, Page 63 (CHAPTER 20)κ
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selves, by personal inspection or otherwise, of the fact of the performance of said conditions; and on being so satisfied shall, without delay, prepare, issue and deliver the bonds, as above directed; provided, that the certificate of the Surveyor-General of the State and the County Surveyor of Lyon County to the fact of the fulfillment of said conditions shall be conclusive evidence thereof to said Commissioners. Sec. 4. The said Board of County Commissioners are hereby authorized and required to levy and collect annually, until all of said bonds issued under the provisions of this Act shall have been fully paid or provided for, a tax of one-half of one per cent. upon all the taxable property of Lyon County, to be applied exclusively to the payment of the principal and interest of said bonds to be issued as herein provided. Sec. 5. The amount raised by the tax levied as above required shall be placed by the County Treasurer in a separate fund, to be called The Railroad Interest and Sinking Fund, which shall be applied,-First, to the payment of the semi-annual interest, as above directed; Second, to the redemption of said bonds, as hereinafter provided. Sec. 6. The said tax shall be levied by the County Commissioners as aforesaid annually, at the time of the levying of other county taxes, and shall be levied, assessed and collected in the same manner, and by the same officers as other county taxes; but if the County Commissioners fail to make the levy, in this Act provided for, the Tax Collector of the county shall proceed to collect the same as if the levy had been properly made by the County Commissioners, and when the taxes hereby provided for, are not paid to the Tax Collector, they shall be collected by the District Attorney, as taxes for other county purposes are collected; and the failure of the Board of Commissioners to levy the tax shall in no way invalidate the tax, or any proceeding to collect the same. Sec. 7. Whenever all interest due upon said bonds shall have been fully paid, and there shall be in said fund a surplus, which upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of surplus, shall insert an advertisement in at least one newspaper published in said county, or if there be none published in said county, then in some newspaper published in Storey County, for a period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the Clerk of said Board, on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed iu the advertisement, and to the extent of the amount named, shall purchase the bonds so offered, giving the preference in all cases to the bidder, who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds. Sec. 8. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed, or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for. |
Proviso.
Tax to be levied and collected.
Railroad interest and Sinking Fund.
When tax to be levied and collected.
Surplus not needed. sealed proposals for surrender of bonds invited.
Proposals opened.
Proviso.
Faith of the State pledged. |
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κ1869 Statutes of Nevada, Page 64κ
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Electors, when and where to convene.
Duties when convened. |
Chap. XXI.An Act to amend an Act entitled An Act relating to officers, qualification, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty, approved March ninth, eighteen hundred and sixty-six.
[Approved February 16, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section Six. The electors so chosen shall convene at the seat of government on the first Wednesday in December next after their election, at two oclock in the afternoon, and in case of the death or absence of any Elector so chosen, or in case the number of Electors shall, from any cause, be deficient, the Electors then present shall, forthwith, elect from the qualified Electors of the State, so many persons as shall supply the deficiency. Sec. 2. Section seven of said Act is amended so as to read as follows: Section Seven. The Electors, when convened on said first Wednesday in December, shall vote by ballot for one person for President, and one person for Vice-President of the United States, one of whom, at least, shall not be an inhabitant of this State. They shall name in their ballot the persons voted for as President, and in distinct ballots the persons voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes given for each, which list they shall sign and certify and transmit, sealed up, to the seat of government of the United States, directed to the President of the Senate; and they shall, in all respects, proceed conformably to the Constitution of the United States, and the laws of the United States in this behalf provided. |
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Administering poison. |
Chap. XXII.An Act to amend an Act entitled An Act concerning Crimes and Punishments, approved November 26th, 1861.
[Approved February 16, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-two of said Act is amended so as to read as follows: Section Forty-two. Every person who shall willfully and maliciously administer, or cause to be administered to, or taken by any person, any poison, or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the State Prison, for a term not less than ten years, and which may extend to life. |
κ1869 Statutes of Nevada, Page 65 (CHAPTER 22)κ
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with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the State Prison, for a term not less than ten years, and which may extend to life. And any person who shall sell, furnish, procure, prescribe, take, administer, or who shall cause to be sold, furnished, procured, prescribed, taken, or administered, any medicinal substance, or other substance, or liquid, with the intention to procure or cause the miscarriage of any woman, then being pregnant, or with child, or shall use, or cause to be used, any instrument or instruments whatever, with the intention aforesaid, or who shall in any manner make known to any person or persons, the ingredients of any medicinal substances, or substance, or other substances or liquid with the like intent, and shall be thereof duly convicted, shall be punished by imprisonment in the State Prison for a period not less than one, nor more than ten years; provided, that no Physician shall be affected by the last clause of this section, who, in the discharge of his professional duty, produces the miscarriage of any woman in order to save her life. Sec. 2. Section fifty-nine of said Act is hereby amended so as to read as follows: Section Fifty-nine. Every person who shall in the night time forcibly break and enter, or without force, (the doors or windows being open) enter into any dwelling-house, or tent, or any other house or building whatever, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony, or petit larceny, shall be deemed guilty of burglary, and on conviction thereof, shall be punished by imprisonment in the State Prison, for a term not less than one, nor more than ten years. |
Punishment.
Selling or procuring substance, etc., intending to cause miscarriage
Punishment.
Burglary, what deemed.
Punishment. |
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Chap. XXIII.An Act to amend an Act entitled An Act to amend an Act entitled An Act to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865; approved March 9, 1866.
[Approved February 16, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section second of said Act, is hereby amended so as to read as follows: Section Fifty-seven. All railroads built by companies incorporated under the provisions of this Act, shall be constructed with tracks of the uniform width, or gauge, of four feet and eight and one-half inches, with the best quality of iron rail known as T rail, and H rail, or other patterns of equal utility; provided, the provisions of this section shall neither apply to track laid down in streets of incorporated cities or towns, nor other railroads operated by animal power. |
Railroads, gauge to be uniform. |
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κ1869 Statutes of Nevada, Page 66κ
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Provisions of law made applicable to incorporation. |
Chap. XXIV.An Act to provide for the Incorporation of the Grand Lodge of the Independent Order of Good Templars, and its subordinate Lodges.
[Approved February 16, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All the provisions contained in 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 3, 1865, and in the Act amendatory thereof, approved March 11, 1867, are hereby made applicable to the Incorporation of the Grand Lodge of the Independent Order of Good Templars and its subordinate Lodges. |
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When criminal actions may be removed.
Application how made.
When and to what Court order made. |
Chap. XXV.An Act to amend an Act entitled An Act to regulate proceeding in Criminal Cases in the Courts of Justice in the Territory of Nevada, approved November 26, 1861.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and six of said Act is hereby amended so as to read as follows: Section Three Hundred and Six. A criminal action, prosecuted by indictment, may be removed from the Court in which it is pending, on the application of the defendant or State, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. Sec. 2. Section three hundred and seven is hereby amended so as to read as follows: Section Three Hundred and Seven. The application must be made in open Court, and in writing, verified by the affidavit of the defendant or District Attorney, and a copy of said affidavit must be served on the adverse party, at least one day before the application is made to the Court; provided, the application may be supported or opposed by other affidavits, or other evidence, or witnesses may be examined in open Court. Sec. 3. Section three hundred and eight is hereby amended so as to read as follows: Section Three Hundred and Eight. If the Court be satisfied that the representation of the party making the application is true, an order shall be made for the removal of the action to the District Court of a county which is free from the like objection. |
κ1869 Statutes of Nevada, Page 67 (CHAPTER 25)κ
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Sec. 4. Section four hundred and twenty-eight of said Act is hereby amended to read as follows: [Section Four Hundred and Twenty-eight.] The Court in which a trial is had upon the issue of fact, has power to grant a new trial where a verdict has been rendered against the defendant upon his application, in the following cases only: First-When the trial has been had in his absence, if the indictment be for felony. Second-When the Jury has received any evidence out of Court other than that resulting from a view as provided in Section three hundred and seventy-seven. Third-When the Jury has separated without leave of the Court, after retiring to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case. Fourth-When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the Jurors. Fifth-When the Court has misdirected the Jury in a matter of law. Sixth-When the verdict is contrary to law or evidence. But no more than two new trials shall be granted for this cause alone. |
When Court has power to grant new trial. |
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Chap. XXVI.An Act to prevent the spread of contagious diseases.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall knowingly have or use about his premises, or who shall convey, or cause to be conveyed, into any neighborhood, any clothing, bedding, or other substance, used by, or in the taking care of any person afflicted by small-pox or other infectious or contagious disease, or infected thereby, or shall do any other act with intent to, or necessarily tending to the spread of such disease into any neighborhood or locality; every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof before any Court of competent jurisdiction, shall be fined in any sum not more than five hundred dollars, or imprisoned in the County Jail not exceeding six months, or by both such fine and imprisonment, and the Court trying any such offender, may also include in any judgment rendered, an order to the effect, that the clothing or other property infected, be burned or otherwise destroyed, and shall have power to carry such order into effect. Sec. 2. Any person guilty of violating the provisions of section one of this Act, in addition to the penalties herein prescribed, shall be liable in a civil action, in damages to any and all persons who may from that cause become infected with such contagious disease; said damages shall be so assessed as to include in addition to other damages, all expenses incurred by reason of such sickness, loss of time, and burial expenses; and such action may also be maintained by the representative of any deceased person. |
To prevent the spread of contagious diseases.
Misdemeanor.
Penalties for violation of Act. |
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κ1869 Statutes of Nevada, Page 68κ
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Moneys to be transferred to School Fund. |
Chap. XXVII.An Act to Transfer certain Funds.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Treasurer of the County of Humboldt is authorized and directed to transfer to the School Fund of said county all moneys now in the General Fund, which have been paid in under the provisions of an Act entitled An Act concerning the Location and Possession of Mining Claims. Approved February 27, 1866. |
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Corporate authorities etc., after entry of land occupied as a town site, required to convey title.
Title to be conveyed to person equitable title at time of entry.
Rights of persons not impaired.
Deed to be executed so as to admit same to record. |
Chap. XXVIII.An Act prescribing Rules and Regulations for the execution of the Trust arising under the Act of Congress entitled An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands, approved March 2, 1867.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When the corporate authorities of any city or town, or the Judge of the District Court for any county or district in this State, in which any unincorporated town may be situate, shall have entered at the proper land office the land, or any part of the land settled and occupied as the site of such city or town, pursuant to and by virtue of the Act of the Congress of the United States entitled An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands, approved March 2, 1867, it shall be the duty of such corporate authorities, or Judge, to dispose of and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter specified. Sec. 2. Any such corporate authorities, or Judge, holding the title to any such land in trust, as declared in said Act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share, or parcel of the same, to the person or persons who shall have, possess, or be entitled to the right of possession or occupancy thereof, according to his, her, or their several and respective right or interest in the same, as the existed in law or equity at the time of the entry of such lands, or to his, her, or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease or sale, from one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance. Every deed of conveyance made by such corporate authorities, or Judge, pursuant to the provisions of this Act, shall be so executed and acknowledged as to admit the same to be recorded. |
κ1869 Statutes of Nevada, Page 69 (CHAPTER 28)κ
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visions of this Act, shall be so executed and acknowledged as to admit the same to be recorded. Sec. 3. Within thirty days after the receipt by them or him of a patent for such lands, the corporate authorities, or Judge, entering the same, shall give public notice thereof by publishing such notice in a newspaper printed and published in the county in which such city or town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this State. Such notice shall be so published once in each week, for at least ten successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the patent. Sec. 4. Each and every person, company of persons, association or corporation, claiming to be an occupant or occupants, or to have, possess, or be entitled to the right of occupancy or possession of such lands, or any block, lot, share, or parcel thereof, shall, within one year after the first publication of such notice, in person, or by his, her, their or its duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel, or parts, in which he, she, they or it claim to have an interest, and the specified right, interest or estate therein, which he, she, they or it claim to be entitled to receive, and deliver the same to, or into, the office of such corporate authorities, or Judge; and all persons failing to sign and deliver such statement within the time specified in this section shall be forever debarred the right of claiming or recovering such lands, or any interest or estate therein, or in any part, parcel or share thereof, in any court of law or equity; provided, that the provisions of this section shall not apply to the property of minors or insane persons. Sec. 5. Should two or more persons claim adversely the title to any lot or lots, or parcels of land within the boundaries of such city or town, the corporate authorities, or Judge, having entered the same, shall, immediately after the time for filing claims has expired, certify and transmit all proceedings and papers, had or being before them or him in the premises, to the District Court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court fee and costs, the Clerk of such District Court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities, or judge, being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in said Court. The Clerk shall, upon the receipt by him of such papers and proceedings, serve upon each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block or parcel so contested, and the name of the adverse claimant. Upon the final determination of such contest, the Clerk of the District Court, or Supreme Court, as the case may be, shall forthwith certify the decision to the corporate authorities, or Judge; and upon the receipt of such decision, duly certified, the corporate authorities, or Judge, shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels, of land awarded in such decision. Sec. 6. Any party in such action deeming himself or herself aggrieved by the determination or judgment of the District Court, in such cases, may appeal therefrom to the Supreme Court, as in other cases. |
Notice to be given within thirty days after receipt of patent.
Claimant required to sign statement in writing.
When debarred.
When proceedings to be certified to District Court.
Clerk to serve notice
Conveyance to be made upon final determination of contest.
Appeal. |
κ1869 Statutes of Nevada, Page 70 (CHAPTER 28)κ
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Deed to be made upon payment of proportion of purchase money and expenses.
When lands to be sold.
Notice of sale, how published. Proviso.
Trustees may discharge trust after going out of office
When successor may execute trust.
Repeal. |
such cases, may appeal therefrom to the Supreme Court, as in other cases. Sec. 7. After the issuance of the patent for such lands, it shall be the duty of the corporate authorities, or Judge, to whom such patent shall issue, to make out, execute and deliver to each person, company, association or corporation who may be legally entitled to the same, a deed in fee simple, for such part or parts, lot or lots, of land, on payment of his, her, their or its proper and due proportion of the purchase money for such land, together with his, her, their or its proportion of such sum as may be necessary to pay for streets, alleys, squares, and public grounds, not exceeding fifty cents for each lot, and also such further sums as shall be a reasonable compensation for prepaying, executing and acknowledging such deed, not exceeding the sum of five dollars for the first, and one dollar for each additional lot claimed by the same owner; also for prepaying for the stamps required by the laws of Congress and of this State to be attached to such deed; and also for counsel fee and for moneys expended in the acquisition of the patent, and the administration of the trust, including reasonable charges for time and services employed in such trust, not exceeding the sum of fifty cents for each lot, and the foregoing charges shall be full payment for all expenses attending the execution of the trust. Sec. 8. If all the lots, blocks, shares, or parcels of such land are not legally conveyed to the proper owners before the expiration of one year after the same shall have been passed upon by the corporate authorities, or Judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such city or town, after paying their proportionate share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by this section shall be published as is provided for the notice required by Section Three of this Act; provided, that the provisions of this section shall not apply to the sale of real estate belonging to miners or insane persons, except upon an order of Court authorizing such sale, which order may be made by the Court upon an ex parte application under oath of the trustee named in this act. Sec. 9. Any corporate authorities, or Judge, becoming a trustee under said Act of Congress, who shall, prior to the final execution of their trust, as provided in this Act, go out of office, shall be, and they are hereby authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects, in the same manner, and subject to the same duties and requirements as if they had continued in office. Sec. 10. In case of death, removal from the State, or other disability of the trustee to execute the trust created by said Act of Congress, it shall be lawful for the corporate authorities, or Judge of the District in which any such city or town is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized and they are hereby empowered to execute the same, in all respects in the same manner, subject to all the duties and requirements as provided in this Act. Sec. 11. All Acts heretofore passed in conflict with the provisions of this Act are hereby repealed. |
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Chap. XXIX.An Act to relinquish title to and granting jurisdiction over certain property within this State to the United States.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All right, title and interest the State of Nevada may have in that certain piece or parcel of land, conveyed by James L. Riddle, dated March 3d, a. d. 1865, and Moses Job and wife, dated June 19th, 1865, to the United States of America, and described as block No. 65, Procter and Greens division of Carson City, Ormsby County, State of Nevada, the present site of the United States Branch Mint, being one hundred and seventy (170) feet square, is hereby relinquished and granted to the United States, together with full jurisdiction in and over the said tract of land herein described, and the same shall be exempt from taxation. Sec. 2. This Act shall take effect from and after its passage. |
Right in, and jurisdiction over relinquished. |
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Chap. XXX.An Act to aid in the erection of the National Lincoln Monument.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated and set apart out of any moneys in the State Treasury, not otherwise appropriated, for the purpose of carrying out the provisions of this Act. Sec. 2. The Controller of State is hereby authorized and directed to draw his warrant for the above sum, in favor of Governor H. G. Blasdel, who is hereby authorized to receive any moneys that may be appropriated by the State for the purpose of carrying out the provisions of this Act, and to forward the same to the Trustees of said National Lincoln Monument. |
Appropriation.
Controller to draw warrant, Governor to receive and forward. |
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κ1869 Statutes of Nevada, Page 72κ
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What lands deemed public. Right of possession.
What deemed unlawful entry. |
Chap. XXXI.An Act to amend an Act entitled An Act prescribing the mode of maintaining and defending possessory action on Public Lands in this State, approved March 9th, 1865.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section (7) seven of said Act is hereby amended so as to read as follows: Section Seven. All lands in this State shall be deemed and regarded as public lands, until the legal title is known to have passed from the Government to private individuals or parties. Every person who shall have complied with the provisions of this Act shall be deemed and held to have the right or title of possession of all the lands embraced within their survey, not to exceed one hundred and sixty acres; and any person who shall thereafter without the consent of the person so complying enter into or upon said lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any Justice of the Peace of the township in which the lands are situated, (or in case of the absence or other disability of such Justice, before any other Justice of an adjoining township). Such proceedings may be commenced and prosecuted under the provisions of an Act of the Legislature of the State of Nevada, entitled An Act concerning forcible entries and unlawful detainers, approved February 16th, 1865; and all the provisions contained in said Act are made applicable to proceedings under this Act. |
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Officers taking acknowledgments required to keep record. |
Chap. XXXII.An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.
[Approved February 20, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward. |
κ1869 Statutes of Nevada, Page 73 (CHAPTER 32)κ
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Sec. 2. Any officer aforesaid refusing or neglecting to comply with the requirements of this Act shall be deemed and held guilty of a misdemeanor, and on conviction thereof, fined before any Court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall in addition be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section. Sec. 3. This Act shall take effect and be in force from and after the first day of July, a.d. 1869. |
Penalty for refusal or neglect.
Damages. |
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Chap. XXXIII.An Act to provide for the erection of a State Capitol at Carson City.
[Approved February 23, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of erecting a State Capitol building at Carson City, there is hereby created a separate fund to be called the State Capitol Fund. For the year 1869, the State Treasurer shall set apart into said fund the surplus, if any, which may remain of the proceeds of the special tax of one-fourth of one per cent. provided by the Act of February 14th, 1865, for the payment of Territorial indebtedness, after the whole of the indebtedness specified in said Act shall have been fully liquidated and paid. For the year 1870, and for each succeeding year until the whole amount of receipts into said fund shall amount to one hundred thousand dollars, there shall be levied in lieu of said special tax of one-fourth of one per cent. which after the present year shall be discontinued, a special tax of one-eighth of one per cent. upon the same basis, the proceeds of which shall be paid into the State Capitol Fund; provided, that if in any year the proceeds of said tax shall exceed thirty thousand dollars, then the surplus above said amount shall be placed in the General Fund. There shall also be placed in said State Capitol Fund, until said aggregate amount of one hundred thousand dollars shall have been reached, the net proceeds of all sales which may be made of the forty sections of land donated by the United States to this State, for the purpose of erecting therein a Capitol building, and a Penitentiary. Sec. 2. The said fund shall be used in the manner hereinafter directed, in the construction of a State Capitol building upon the center of the block or parcel of land owned by the State, and known as the Plaza, in Carson City. The wall material of said building shall be stone, and shall be furnished by the State of Nevada, from its quarry at the State Prison. Sec. 3. The entire cost of said building when completed, (excluding the material furnished as provided in Section two of this Act,) shall not exceed one hundred thousand dollars. |
State Capitol Fund created.
Fund, how used. |
κ1869 Statutes of Nevada, Page 74 (CHAPTER 33)κ
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How fund expended.
Board of Capitol Building Commissioners created.
Quorum.
Organization of Board.
To advertise for draughts, etc.
To advertise for sealed proposals for furnishing materials, etc.
Contractors not to be allowed more than 75 per cent. prior to the completion of contract.
Claims, how allowed and paid.
Commissioners not allowed fees, nor al- |
Sec. 4. The fund created by Section one of this Act shall be expended under the direction and supervision of the Board of Capitol Building Commissioners, by this Act created, and in the manner herein specified. Sec. 5. A Board of Capitol Building Commissioners consisting of seven members, namely: Fredk Stadtmuller, Geo. T. Davis, John Wagner, A. Klauber, John H. Mills, J. H. Sturtevant, and J. C. Hazlett, is hereby created, who, before entering upon their official duties as prescribed in this Act, shall severally take and subscribe the constitutional oath of office, and cause the same to be filed in the office of the Secretary of State. Sec. 6. A majority of said Board shall constitute a quorum for the transaction of business. Sec. 7. Immediately after qualifying, the members shall meet at the seat of government and organize said Board by electing from their number a President, Vice-President and Secretary, whose duties as such shall be defined in by-laws to be prescribed by the Board. Sec. 8. As soon as there shall be in said fund the sum of fifteen thousand dollars, the Board shall advertise in not more than three nor less than two newspapers (one of which shall be published in the State of California) for the presentation of draughts, plans, specifications, and estimates for said building, said advertisements to be published not less than thirty nor more than sixty days, and at the expiration thereof the Board shall (unless all presented shall have proven unsatisfactory) adopt such plan as may be deemed the best; and the sum of two hundred and fifty dollars shall be allowed and paid therefor, out of the moneys appropriated by this Act, to the person or persons presenting the same. Sec. 9. As soon as practicable after adopting plans, the Board shall advertise for sealed proposals for furnishing materials (other than stone) and for doing the whole or separate parts of the work of erecting said Capitol. Said advertisement shall be published not less than thirty nor more than sixty days, in not more than three nor less than two newspapers, one of which shall be published in the State of California. Said Board may adopt or reject any or all bids not deemed reasonable or satisfactory, but in determining between two or more bids for the same work or material, shall in all cases adopt the lowest responsible bid. Sec. 10. In letting contracts said Board shall not obligate the State to pay, nor shall the Board of State Examiners allow, to any contractor, at any time prior to the completion of his contract, and its acceptance by said Board, more than seventy-five per cent. of the value of materials then furnished, or work then done, and upon completion and acceptance said Board of Commissioners may agree to pay, and said Board of Examiners may allow the balance due on said contract. Sec. 11. When any sum shall become due to any contractor, under this Act, claim therefor shall be certified by the Board of Capitol Building Commissioners to the State Board of Examiners; and upon the allowance thereof by said named Board, properly certified, to the Controller, he shall draw his warrant therefor on the State Treasurer in favor of the proper party, and the State Treasurer shall pay the same out of any moneys in the Treasury appropriated by section one of this Act. Sec. 12. No fees or compensation of any kind shall be allowed to any member of the Board of Commissioners by this Act created, nor shall any member of said Board be interested directly or indirectly in any contract for furnishing material, |
κ1869 Statutes of Nevada, Page 75 (CHAPTER 33)κ
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any contract for furnishing material, or performing labor in the erection of said building; and in addition to the oath provided in section five of this Act, said Commissioners shall severally take and subscribe an oath to the effect that they will not become a party to, or in any wise be interested in any contract for furnishing material or performing labor in the erection of said building. Sec. 13. The Board of Capitol Building Commissioners, by and with the consent of the Board of State Prison Commissioners, shall, immediately after the adoption of plans and specifications, cause the State Prison convicts to be employed in quarrying and dressing stone for said Capitol Building, in accordance with the plans and specifications adopted by them. Said Board shall furnish to the Warden of the State Prison such assistance and such materials as may be found necessary to a successful prosecution of the work. All expenses incurred in carrying into effect the provisions of this section shall be paid out of the moneys appropriated by section one of this Act. Sec. 14. The advertisement for plans and specifications mentioned in section eight shall not be made until there is in the Capitol Fund the sum of fifteen thousand dollars; and no warrant upon said fund shall be drawn by the Controller until there shall be filed with him a plan adopted by the Commissioners, with estimates sworn to by two competent architects attached thereto, that the building upon the plan proposed can be built for one hundred thousand dollars. Sec. 15. The Board of Commissioners created by this Act shall report in detail, under oath, all proceedings under this Act, to the Legislature upon its meeting in third biennial session, and in said report specifically set forth all items of money expended, and for what expended, and to whom paid. Sec. 16. In all cases where dollars are mentioned in this Act, coin dollars are meant. |
lowed to be interested in contracts.
Prison convicts to be employed quarrying, etc., stone.
Advertisement for plans, etc., when to be made.
Commissioners required to report.
Coin dollars meant. |
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Chap. XXXIV.An Act directing the Board of County Commissioners of Lander County to audit and allow certain claims.
[Approved February 23, 1869.]
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 directed to audit and allow the balance of the claim of F. H. Harmon, Justice of the Peace of Austin Township Number One, for the sum of one hundred and twenty-two dollars and forty cents, and the balance of the claim of W. K. Logan, Justice of the Peace of Austin Township Number Two, for the sum of fifty-two dollars and forty cents, the same being their compensation in full for registering voters during the year a.d. 1866, at the rate of forty cents for each voter registered, wherein no poll tax was sold, and being the balance so due, and not allowed under the provisions of the Act as herein entitled, approved March 12, 1867. |
Commissioners directed to audit and allow claims. |
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κ1869 Statutes of Nevada, Page 76κ
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Annual election of Warden, etc. Vacancies, how filled.
Rector to preside, etc.
Majority of Trustees to form a Board. Rector to preside, if present. Proviso. |
Chap. XXXV.An Act to amend an Act entitled An Act for the Incorporation of the Protestant Episcopal Churches in the United States of America, in the Territory of Nevada, passed by the Legislative Assembly of the Territory of Nevada, and approved December 19, 1862.
[Approved February 23, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section Four. The persons qualified as aforesaid shall in every year thereafter, on the day in Easter week fixed upon for such purpose, elect the Church Wardens and Vestrymen, and whenever any vacancy shall happen before the stated annual election either by death or otherwise, among such Church Wardens or Vestrymen, the Trustees may appoint a time for holding an election to supply such vacancy, of which notice shall be given in the time of divine service, at least ten days previously thereto, and such election, as well as the stated annual election, shall always be holden immediately after the morning service of the church. At all such elections the Rector, or, if there be none, or he be absent, one of the Church Wardens or Vestrymen, shall preside and receive the votes of the electors, and shall be the returning officer, and shall enter the proceedings of the election in the book of the minutes of the vestry, and sign his name thereto, and offer the same to as many of the electors present as he shall deem proper, to be by them also signed and certified to. And the Church Wardens and Vestrymen chosen at any of the said elections shall hold their offices until the expiration of the year for which they shall be elected or chosen, and until others shall be elected in their stead; and they shall have power to call and induct a Rector to such church or congregation as often as there shall be a vacancy therein. A majority of the whole number of Trustees, one at least of whom shall be a Church Warden, shall form a Board for the transaction of business, and every decision of a majority of the persons duly assembled as a Board shall be valid as a corporate act. And at all meetings of the Board of such Trustees, the Rector, if there be one, and he be present, and if there be not, or he be absent, then a Church Warden, shall preside, and shall have a casting vote; provided, however, that no special meeting of the Board other than a regular monthly meeting, which may be provided for by standing resolution, shall be held, unless at least three days notice thereof shall be given in writing under the hand of the Rector or one of the Church Wardens; and that at any such special meeting no such Board shall be competent to transact any business unless the Rector, if there be one, be present. Sec. 2. This Act shall take effect from and after its passage. |
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κ1869 Statutes of Nevada, Page 77κ
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Chap. XXXVI.An Act to confer upon Curtis H. Lindley, a minor, the powers, privileges and responsibilities of an adult.
[Approved February 25, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All duties, powers, privileges, and responsibilities pertaining to male citizens over the age of twenty-one years, except in relation to the sale of real estate, are hereby conferred upon Curtis H. Lindley, a minor. |
Duties, powers, etc., of male citizen conferred. |
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Chap. XXXVII.An Act to amend an Act entitled An Act relating to Elections, the manner of conducting and contesting the same, election returns and canvassing the same, fraud upon the ballot box, destroying and attempting to destroy the ballot box, illegal or attempted illegal voting, and misconduct at elections, approved March 9, 1866.
[Approved February 25, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty of said Act is amended so as to read as follows: Section Thirty. On the tenth day, or, if the day shall fall on Sunday, then on the Monday following, after the close of any election, or sooner, if all the returns be received, the Board of County Commissioners shall proceed to open said returns, and to make abstracts of the votes; such abstract of votes for member or members of Congress, shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of the vote for District and State officers, shall be on one sheet; and the abstract of the vote for county and precinct officers shall be on one sheet; and it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners to each of the persons having the highest number of votes for members of the Legislature, District, County, and Precinct officers, respectively, and to deliver such certificate to the person entitled to it, on his making application to said Clerk at his office; provided, that when a tie shall exist between two or more persons for the Senate, or Assembly, or any other county or district officer, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice; and it shall be the duty of the said Clerk of said Board of County Commissioners of such county, on receipt of the returns of any general or special election, |
Manner of canvass by Commissioners.
Proviso. |
κ1869 Statutes of Nevada, Page 78 (CHAPTER 37)κ
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Abstract of votes to be transmitted to the Secretary of State.
Canvass.
Governor to grant certificate of election, etc. Proviso. |
receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session, and the said Board shall order the compensation aforesaid, if correct, to be paid out of the county treasury. Sec. 2. Section thirty-one of said Act is amended so as to read as follows: Section Thirty-one. The Board of County Commissioners, after making the abstract of votes as provided in section thirty (30), shall cause their Clerk to make a copy of said abstract, and transmit the same, by mail, or express, or special messenger, to the Secretary of State, at the seat of Government, and, on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and shall open and canvass the vote for member to Congress, District and State officers, and the Governor shall grant a certificate of election to, and commission the persons having the highest number of votes; and shall also issue proclamation declaring the election of such persons. In case there shall be no choice, by reason of any two or more persons having an equal, and the highest number of votes, the Governor shall, by proclamation, order a new election; provided, when an election for Electors of President and Vice-President of the United States takes place, the vote therefor shall be canvassed in manner as aforesaid, on the fourth Monday after such election is held. |
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Town incorporated.
Boundaries. |
Chap. XXXVIII.An Act to incorporate the town of Gold Hill.
[Approved February 25, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose hereinafter mentioned, the inhabitants of that portion of Storey County embraced within the limits hereinafter set forth in this section shall be a body politic and corporate, by the name and style of the Inhabitants of the Town of Gold Hill, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, in all Courts. The boundaries of said incorporate town shall be: On the north by the southern line of Virginia City, in the county of Storey; on the east by the boundary line between the counties of Storey and Lyon; on the south by the boundary line between the counties of Storey and Lyon; and on the west by the boundary line between the counties of Storey and Washoe; excepting from the above mentioned limits all the ground described as follows: Commencing at the intersection of Broadway and Carson Avenues, according to the survey and map of American City made by John Ostram and filed in the Recorders office of Storey County, and running thence south sixty degrees east, magnetic meridian, twenty chains; thence, in a direct line southeasterly to the intersection of the boundary line between Lyon and Storey Counties and American Ravine, |
κ1869 Statutes of Nevada, Page 79 (CHAPTER 38)κ
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boundary line between Lyon and Storey Counties and American Ravine, running through American Flat to Silver City; thence in a south-westerly direction along said boundary line between Lyon and Storey Counties to the southwest corner of Storey County; thence in a northerly direction along the boundary line between the counties of Storey and Washoe to the intersection of the Ophir Grade Toll Road; thence along said Ophir Grade Toll Road to a point north, sixty degrees west magnetic meridian, from the place of beginning; thence to the place of beginning. Sec. 2. The said incorporate town is hereby divided into two wards, whose boundaries shall be as follows: First Ward shall embrace all that portion of said town lying north of a straight line crossing Main street at right angles at the point of intersection of center of Main and Crown Point streets. Second Ward shall embrace all that part of said town lying south of said line, extending to the eastern and western boundaries of said town. Sec. 3. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be resident householders of said town, and shall be chosen, three from the First Ward and two from the Second Ward. In addition to said Trustees there shall be a Treasurer and Marshal elected by the qualified voters of said town. Sec. 4. The said officers shall hold their offices for the term of one year, or until their successors are elected and qualified, except as hereinafter provided. Sec. 5. No person shall be eligible to the office of Trustee, Treasurer or Marshal who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of said town of Gold Hill for the six months next preceding the election, or who shall hold any State, County, or Precinct office. Sec. 6. No person shall be allowed to vote at any election for said officers who shall not be a qualified voter of the State of Nevada, and shall not have actually resided within the County of Storey six months, and within the town of Gold Hill for three months next preceding the election; and no person shall be allowed to vote except within the ward in which he resides and has resided for the last thirty days prior to the election. Sec. 7. The general election shall be held on the first Monday of May of each year. Sec. 8. All provisions of law which now are, or hereafter may be, in force, regulating elections and providing for registration of electors, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees of the town of Gold Hill shall for each election, two weeks prior to the same, publish notice that such election will take place, appoint three judges for each ward and designate the places for opening the polls. Within three days after each election, the judges and clerks of the same shall make out and sign and deliver to each person who shall have received the highest number of votes in each ward for Trustee, a certificate of his election to said office. Immediately after the votes are counted in each ward, the judges and clerks shall make out a statement of the number of votes cast in each ward for the offices of Trustee, Treasurer and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said judges, and they shall cause the same, together with the poll list and votes duly sealed up, to be delivered to the Board of Trustees of said town within three days after said election. |
Wards.
Board of Trustees.
Term of office.
Eligible to office.
Voters, qualification of.
General election.
Laws applicable to election.
Judges and clerks of election. |
κ1869 Statutes of Nevada, Page 80 (CHAPTER 38)κ
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Canvass.
Sealed packages.
Officers to qualify and enter upon duties.
President of Board.
To fill vacancy.
Board to elect certain officers.
Regular Meetings.
Quorum.
Rules, etc.
Powers of Board. |
votes duly sealed up, to be delivered to the Board of Trustees of said town within three days after said election. Within two days after the receipt of the same, the said Board of Trustees shall proceed to ascertain from said statement what persons have received the highest number of votes for the offices of Treasurer and Marshal, and a certificate of election shall be issued by the clerk, by the direction of said Trustees, to the person receiving the highest number of votes for each of said offices respectively. The clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when if no notice of any contested election shall have been given, he shall destroy the same. Sec. 9. The Trustees, Treasurer and Marshal, chosen at any election, shall be qualified, and enter upon the discharge of their duties within one week after being notified of their election; and in case any Trustee, Treasurer or Marshal shall fail to qualify within said time, his office shall be deemed vacant. All officers before entering on their official duties shall take the official oath prescribed by law. Sec. 10. The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, elect one of their number as President, who shall, until removed by the Board, preside at their meetings, and discharge such other duties as may be prescribed by said Board of Trustees. Sec. 11. When a vacancy shall occur in the office of Trustee, Treasurer, or Marshal, the Board of Trustees shall appoint some person to fill such vacancy, and such person so appointed shall hold his office for the residue of the term of his predecessor. Sec. 12. The Board of Trustees shall have power to elect a clerk, attorney, and policemen, and create and fill such other offices as a majority of such Board may deem necessary, who shall hold their respective offices for the term of one year from the general election, or until their successors are elected and qualified, unless they shall be sooner removed, for misconduct in office, neglect of duty, or other cause, or said office is abolished. Sec. 13. The Board of Trustees shall have regular meetings at least once each week, and such other meetings as by adjournment or resolution they may direct, and the President shall have power to call special meetings when he deems the same necessary. Sec. 14. A majority of the Board of Trustees shall constitute a quorum to do business, but a less number may adjourn from time to time, and may compel the attendance of absent members by peremptory order, delivered to the Marshal, or by resolution imposing a fine. Sec. 15. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their members. All their meetings shall be public, except when the Board shall deem that the interests of the town require secrecy. A journal of all the proceedings of the Board shall be accurately kept by the clerk, and the ayes and noes shall be taken upon any question, and entered upon the journal at the request of any member. Sec. 16. The Board of Trustees shall have power: First, to make by-laws and ordinances not repugnant to the Constitution and laws of the State of Nevada. Second, to levy and collect taxes upon all property within the town, both real and personal, made taxable by the laws of the State of Nevada, for State and county purposes, which are now in force or which may hereafter be enacted, except the proceeds of mines, which shall not be subject to taxation; which tax shall not exceed one and three-fourths per cent. |
κ1869 Statutes of Nevada, Page 81 (CHAPTER 38)κ
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ceeds of mines, which shall not be subject to taxation; which tax shall not exceed one and three-fourths per cent. per annum upon the assessed value of all property; provided, that they shall have further power, when in the opinion of the School Trustees it may become necessary and expedient to levy an additional tax, not to exceed five (5) cents on each and every one hundred dollars valuation of all property for the continuous maintenance of the public schools of said town. Said tax to be collected at the same and in the same manner as other taxes in this Act provided for. Third, to lay out and extend, open, alter, and repair the streets and alleys, provide for the draining, grading, cleaning, widening and lighting, or otherwise improving the same. Also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains and sewers. To prevent obstructions being made or placed in the streets or alleys, and for the removal of the same. To compel the owners of lots and property to bear the expense of erecting sidewalks, or creating other improvements in front of the same, by special tax or otherwise, and to condemn property in the following manner: The Board of Trustees shall appoint one referee and the owner or owners of the property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of the property, the two so selected shall appoint a third; and the estimate of a majority with regard to the valuation of the property appraised by them shall be the decision of all. Any person aggrieved by the decision of such referees may appeal from such decision to the District Court of the First Judicial District, at any time within thirty days from the rendition thereof. Fourth, to provide for the prevention and extinguishment of fires. Fifth, to regulate the storage of gunpowder and other explosive material. Sixth, to prevent and remove nuisances; also, to determine what are nuisances. Seventh, to create and establish a town police, and prescribe their duties and compensation, and provide for the regulation and government of the same. Eighth, to fix and collect a license tax on and regulate all theaters, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements. Ninth, to fix and collect a license tax on and regulate all taverns, hotels, saloons, bar-rooms, hurdy-gurdy houses, and public dance houses; on auctioneers, hawkers, and peddlers; on all dealers in liquors; on all drays, job wagons, or carts, or any other public vehicle running within the limits of said town; also to fix and collect a license tax upon all trades and business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed. Tenth, to license, tax and regulate, prohibit and suppress all tippling houses, dram shops, and public card tables, raffles, hawkers, peddlers and pawnbrokers; also to prohibit and suppress gambling houses, disorderly houses and houses of ill fame. Eleventh, to levy and collect an annual tax upon all dogs within the limits of said town, and provide for the extermination of all dogs for which such tax shall not have been paid; and to prohibit the keeping of hogs within the corporate limits of said town. Twelfth, to provide for the issuance of licenses before named, for such terms and in such sums as they may deem best. Thirteenth, to provide all necessary buildings for the use of said town. Fourteenth, to establish a Board of Health, to prevent the introduction and spread of disease, and provide for the indigent. Fifteenth, to prevent and restrain any riot, or riotous assemblage, or disorderly conduct within said town; to close all places of business or amusement on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county, or State election. |
Same.
Same.
Same. |
κ1869 Statutes of Nevada, Page 82 (CHAPTER 38)κ
|
Same.
Debt restricted.
Current expenses.
Money, how paid out.
Proposals for the surrender of indebtedness.
Opening of proposals.
Lowest bids to be accepted. Clerk to take description of warrants, etc.
Indebtedness, how canceled.
Outstanding indebtedness purchasable as provided. |
of municipal, county, or State election. Sixteenth, to fix and prescribe the punishment for the breach of any town ordinance or resolution; but no fine shall be imposed for any one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth, to determine the duties and fix and establish the fees, salaries and compensation of all officers of said town; provided, that no member of the Board of Trustees shall receive or be entitled to receive for his services any sum whatever. Eighteenth, to compel the attendance of absent members, to punish members for disorderly conduct, and to expel members for cause, by a vote of four-fifths of its members. Nineteenth, to make all necessary contracts and agreements for the benefit of the town; to contract debts on the faith of the town; but no debt shall be contracted or liability be incurred except on a cash basis. To issue and sell bonds, bearing interest not to exceed two per cent. per month, for the purpose of creating a contingent fund for current expenses, or for the purpose of paying and canceling bonds, outstanding claims, and warrants already issued, when the same shall become due; but at no time shall the bonds so issued, together with all other liabilities, exceed in the aggregate the sum of seventy thousand dollars. Sec. 17. Four-sevenths of the revenue arising from taxes, as provided in part second of section sixteen of this Act, shall be set aside as a Redemption Fund, which shall be used exclusively for the payment of the outstanding indebtedness of said town, in the manner hereinafter provided. The remaining three-sevenths, together with all revenue derived from licenses, fines, and other sources, shall be set apart and used for the payment of the current expenses of the town. Sec. 18. No money shall be paid out of the said Redemption Fund except by order of the Board of Trustees, and in the manner by them directed; and it shall be the duty of the said Board, from time to time, when there shall be a sufficient sum in said Redemption Fund, to give notice, by publication in some newspaper in the County of Storey, that sealed proposals, directed to the President of said Board, will be received for the surrender of town warrants, bonds, or other legal evidence of indebtedness of said corporate body, known as the Inhabitants of the town of Gold Hill, and that such sealed proposals will be received until a day stated in said notice. Sec. 19. After the expiration of the time named in said notice, at a meeting of said Board of Trustees, such sealed proposals shall be opened, and said Board shall accept the lowest bids for the surrender of said warrants, bonds, or other legal evidences of indebtedness, specified in the preceding section. No bid for more than par value shall be so accepted. When any bids are accepted, the Clerk of the Board shall take a description of the warrants, bonds, or other legal evidences of indebtedness to be redeemed, specifying the amount to be paid for each of the same, the date, number and amount thereof, and make a record thereof in the journals of said Board; and such warrants, bonds, and other legal evidences of indebtedness shall be ordered paid, and the same shall be canceled, by writing in red ink, across the face of the same, the words, Redeemed by purchase for the sum of ____, adding date of redemption, and the sum paid, which sum shall be paid out of said Redemption Fund. Sec. 20. All legal claims or demands whatsoever, such as bonds, warrants, interest coupons, and other legal evidences of indebtedness of said corporate body, existing or outstanding at the time of the passage of this Act, may be purchasable, as provided in sections eighteen and nineteen, from the Redemption Fund of said town. |
κ1869 Statutes of Nevada, Page 83 (CHAPTER 38)κ
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this Act, may be purchasable, as provided in sections eighteen and nineteen, from the Redemption Fund of said town. Sec. 21. All ordinances, contracts and agreements made, and all scrip and bonds issued by said Trustees, shall be signed by the President, and countersigned by the clerk of said Board of Trustees. Sec. 22. Whenever there shall be a surplus of funds over and above a sufficient fund to pay the current expenses of said town, the Board of Trustees shall have power to transfer such surplus money to the Redemption Fund, and the same shall be used and disbursed the same as required by the sections of this Act relating thereto. Sec. 23. It shall be the duty of the Board of Trustees to make out and publish in a newspaper published in the county of Storey, at least once in three months, to-wit: in January, April, July, and October, of each year, a full and detailed statement of the receipts and disbursements, from what sources received, and for what purpose paid out of the town, during the three months next preceding such report. Sec. 24. It shall be the duty of the Board of Trustees to provide for the accountability of all officers, and other persons elected or appointed under this charter, to whom the receipt or expenditure of any of the funds is intrusted, by requiring of them sufficient security for the faithful performance of their respective duties; and in case of neglect or refusal on the part of any such officers to furnish such security within one week after notice of such requirement, the Trustees may declare such office vacant. Sec. 25. Real and personal property may be sold by the Town Marshal for taxes or assessments due said town. The manner of assessing and collecting taxes shall be as prescribed by ordinance; and title, upon sale of property, shall vest in the purchaser, as provided by the revenue laws of this State, or as may be provided by ordinance. The Marshal shall, upon the sale of such real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all Courts of this State as prima facie evidence that the grantee or grantees named in said deed, or his or their successors in interest, have a good and legal title to the premises described therein; and possession of such property may be obtained in the form and manner as provided by law where the relation of landlord and tenant exists. Sec. 26. It shall be the duty of the Treasurer to receive all moneys derived for the benefit of said town from any and every source, and he alone shall disburse the same on proper warrants or orders of said Trustees. He shall keep an accurate and full account of all receipts and expenditures in such manner as the Trustees may direct, and he shall at all times keep his books and accounts open for the inspection of the Trustees, and shall furnish them, whenever required, a full statement of such receipts and expenditures. All warrants and orders drawn on the treasury, shall have specified therein the services or indebtedness for which the same are drawn, and on what fund, and shall be redeemed in regular order of registration upon the Treasurers books. Said Treasurer shall perform such other acts and duties as may be prescribed by ordinance or resolution of said Board. Sec. 27. It shall be the duty of the Marshal to enforce the due observance of the ordinances made by the Trustees; to perform the duties of Assessor when an assessment shall be made; to collect the taxes levied by said Board; to act ex-officio as Chief of Police; and perform such other duties as shall be by said Trustees prescribed. It shall be his duty to collect all licenses due the town, |
Evidences of indebtedness, how signed. Board to transfer surplus funds.
Statement of finances.
Accountability of officers.
Assessment and collection of taxes.
Tax Deed.
Duties of Treasurer.
Duties of Marshal. |
κ1869 Statutes of Nevada, Page 84 (CHAPTER 38)κ
|
Duties of Clerk.
Yeas and Nays.
Style of ordinances
How actions may be brought.
Fines, etc.
Appeal.
Absence of officer.
Present officers to remain in office. |
his duty to collect all licenses due the town, and all other moneys or revenue due the town, or to become due, and to pay the same, less the per centage allowed for collection, over to the Treasurer; the time and manner of such assessing and collecting shall be such as the Trustees, by ordinance, may prescribe. Sec. 28. It shall be the duty of the Clerk to keep the corporate seal, papers, and books, belonging to the town; to file the papers and documents in his office, under appropriate heads; to attend the sittings of the Board of Trustees, and keep a journal of their proceedings, and a record of all the by-laws and ordinances, which journal of proceedings, after approval at each sitting, shall be signed by the President of the Board; to countersign all warrants, bonds, and licenses issued in pursuance of the orders and ordinances of the Trustees; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads, of all warrants, and orders drawn on the treasury; also, to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of issue, and the amount; and he shall also do and perform such other duties as may be required or directed by the Board of Trustees. by resolution or ordinance. Sec. 29. Upon the passage of all resolutions and ordinances appropriating money, imposing taxes, abolishing licenses, or increasing or lessening the amount paid for licenses, the yeas and nays shall be called and entered upon the journal. Sec. 30. The style of the ordinances shall be, The Board of Trustees of the town of Gold Hill do ordain. All ordinances shall be published in a newspaper published in Storey County for at least one week. Sec. 31. Civil actions may be brought in the name of the inhabitants of the town of Gold Hill, in any Court of competent jurisdiction within the said County of Storey, and actions for the breach of any town ordinance or law of the said town may be brought before any Justice of the Peace within the corporate limits of said town; fines imposed by such Justice of the Peace may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the town jail, at the rate of one day for every two dollars of said fine and costs; or said Justice to enforce such payment may, in his discretion, adjudge that such offender work upon the highways or other public works of the town, at the rate of one day for every two dollars of such fine and costs, until the same be so exhausted or otherwise paid. No fine shall be imposed greater than five hundred dollars, and no imprisonment prescribed exceeding a term of six months. Appeals may be had from the judgment of such Justice of the Peace, for the violation of ordinances, to the District Court of Storey County, in the manner provided by law of the State of Nevada for appeals from Justices Courts in criminal actions. Sec. 32. If any officer of said town shall remove his residence therefrom, or shall absent himself for more than thirty days without leave of absence from the Board of Trustees, his office shall be declared vacant. Sec. 33. The present officers of the town of Gold Hill shall remain in office until their successors are elected and qualified, as provided in this charter; and nothing in this Act contained shall repeal or in any way affect the binding force or validity of any ordinance now in force in said town, or affect in any manner any debt, contract or liability of said town now in existence. All debts and liabilities contracted or incurred by the present Board of Trustees, |
κ1869 Statutes of Nevada, Page 85 (CHAPTER 38)κ
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curred by the present Board of Trustees, or by any prior Board of Trustees, for which the credit of the town of Gold Hill has been pledged, or scrip issued, are hereby declared legalized, and are hereby made valid liabilities and charges against said town. Sec. 34. All property, real or personal, acquired in the name and for the benefit of said town, by virtue of any prior charter, or by any act of any Board of Trustees, shall be the property of the corporate body created by this Act, and known as the Inhabitants of the town of Gold Hill. All streets, alleys and avenues within said corporate limits, used as public streets, alleys and avenues, laid out and platted upon official map of said town of Gold Hill, made by George Hunt, C. E., in the year one thousand, eight hundred and sixty-three, or John Ostram, C. E., in the year of our Lord one thousand, eight hundred and sixty-four, are hereby declared open and public streets, alleys and avenues, and exclusively under the control and jurisdiction of said corporate body. Sec. 35. An Act entitled An Act to Incorporate the Town of Gold Hill, approved December seventeenth, one thousand eight hundred and sixty-two; an Act entitled An Act to amend an Act entitled An Act to Incorporate the Town of Gold Hill, approved December seventeenth, approved February eighteenth, one thousand eight hundred and sixty-four; an Act entitled An Act to Incorporate the Town of Gold Hill, approved March seventh, one thousand eight hundred and sixty-five; an Act entitled An Act to amend an Act entitled An Act to Incorporate the Town of Gold Hill, approved March seventh, one thousand eight hundred and sixty-five, approved February twenty-fourth, sixty-six; also an Act entitled An Act to provide for the payment of outstanding indebtedness of the Town of Gold Hill, Storey County, approved March ninth, one thousand eight hundred and sixty-five; an Act entitled An Act to provide for the outstanding indebtedness of the Town of Gold Hill, approved March third, one thousand eight hundred and sixty-six, and each and every preceding Act relating to the incorporation of the town of Gold Hill, are hereby repealed. |
Debts legalized.
All property, etc., under jurisdiction of corporate body.
Acts repealed. |
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Chap. XXXIX.An Act supplementary to an Act entitled An Act to establish the financial transactions of the State on a coin basis, approved February 2, 1869, and making provisions by which County Commissioners and Municipalities may be enabled to carry out the provisions thereof.
[Approved February 26, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any county, township or city shall be under obligations to pay any debt in the legal tender paper currency of the United States, and shall not have in their respective treasuries legal tender paper currency of the United States to pay the same, or shall not have sufficient for such purpose, it shall be lawful, and is hereby made the duty of such county, |
Currency to be procured when needed to pay debt. |
κ1869 Statutes of Nevada, Page 86 (CHAPTER 39)κ
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Proviso.
When debt to be discharged in currency.
Not to apply to payent for lands. |
made the duty of such county, township or city, by and through its proper officers, out of any money belonging thereto, not otherwise specially appropriated or set apart, to procure a sufficient amount of the currency specified in this section to pay such obligation or liability; provided, if the owner and holder of any such debt or obligation will offer in writing to receive in full satisfaction and payment thereof a sum in gold coin which will be equal to the market value in such gold coin, of the legal tender paper currency of the United States (such valuation to be determined by said county or municipal authorities) which he would be entitled to receive, it shall be lawful for such county, township or city, by and through its proper officers, to accept the surrender of such obligation and pay in gold coin a sum that will be in full satisfaction thereof, upon the terms herein provided. Sec. 2. Whenever since the first day of January, a.d. 1869, any county, township or city government shall have contracted or incurred any debt, expense or obligation on a basis of value reckoned in the legal tender paper currency of the United States, and not on a gold coin basis, the same shall be paid and discharged in such legal tender paper currency, and the funds necessary to so pay and discharge the same may be obtained, or the same satisfied and paid in manner as provided in section one of this Act. Sec. 3. Nothing in this Act or the Act to which this Act is supplementary, shall be so construed as to apply to the payment for any lands heretofore or that may hereafter be purchased of the State; but all such lands may be paid for in the legal tender paper currency of the United States. |
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Judicial Districts. First. Second. Third. Fourth. Fifth. Sixth. Seventh. Eighth. When Judges elected. Counties of White Pine and Lander to constitute Sixth District. |
Chap. XL.An Act to redistrict the State of Nevada.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Monday of January A.D. one thousand eight hundred and seventy-one, the State shall be divided into Judgment Districts as follows: The County of Storey shall constitute the first Judicial District. The Counties of Ormsby, Douglas, Washoe and Roop, which latter shall be attached to Washoe, for judicial purposes, the Second District. The Counties of Lyon and Esmeralda, the Third District. The County of Humboldt, the Fourth District. The Counties of Nye and Churchill, the Fifth District. The County of Lander, the Sixth District. The County of Lincoln, the Seventh District. The County of White Pine, the Eighth District. For each of which District Judges shall be elected by the qualified Electors thereof, at the general election, in the year eighteen hundred and seventy. Sec. 2. Until said first Monday in January, eighteen hundred and seventy-one, the Counties of Lander and White Pine shall constitute the Sixth Judicial District; provided, that if at any time previous to said day, a vacancy shall happen in the office of District Judge of the Sixth Judicial District, then, and upon the happening of said event, the County of Lander shall become and constitute separately the Sixth Judicial District; and the County of White Pine separately the Eighth Judicial District. |
κ1869 Statutes of Nevada, Page 87 (CHAPTER 40)κ
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the Sixth Judicial District, then, and upon the happening of said event, the County of Lander shall become and constitute separately the Sixth Judicial District; and the County of White Pine separately the Eighth Judicial District. If such vacancy shall happen by reason of the resignation of W. H. Beatty, the present Judge of said Sixth Judicial District, then the said W. H. Beatty shall immediately upon said resignation be and become the District Judge of the Eighth Judicial District, and hold said office until the first Monday of January, one thousand eight hundred and seventy-one; and the vacancy in the Sixth District shall be filled by appointment of the Governor. In case a vacancy happens in said Sixth District prior to said first Monday of January, one thousand eight hundred and seventy-one, in any other manner than by the resignation of said incumbent, then the Governor shall appoint a District Judge for each of said Districts, who shall hold their offices until said first Monday in January, one thousand eight hundred and seventy-one. Sec. 3. The salary of the Judge of the First District shall be seven thousand dollars a year. Of the Second District, five thousand dollars a year, of which sum the County of Washoe shall pay twenty-six hundred dollars, the County of Ormsby sixteen hundred dollars, and the County of Douglas eight hundred dollars. Of the Third District, five thousand five hundred dollars a year, of which the County of Lyon shall pay thirty-five hundred dollars, the County of Esmeralda two thousand dollars. Of the Fourth District, three thousand two hundred dollars a year. Of the Fifth District, three thousand six hundred dollars a year, of which the Counties of Nye and Churchill shall pay each one-half. Of the Sixth District, five thousand dollars a year. Of the Seventh District, three thousand dollars a year. Of the Eighth District, seven thousand dollars a year. The said provision as to salaries shall take effect as to all said districts except the Eight, on the first day of January, one thousand eight hundred and seventy-one, and in said Eighth District on said day, or on the happening of the contingency by which it becomes a district previous to said day, as provided in Section Two of this Act. So long as White Pine County shall remain a part of the Sixth Judicial District, the salary of the Judge shall be paid in equal proportions by the Counties of Lander and White Pine. Sec. 4. The terms of Court shall commence in said Districts as follows: In the First District on the first Monday in January, March, June and October. In the Second District, in the County of Washoe, on the first Monday in January, June and October; in the County of Ormsby on the first Monday in March, August and November; in the County of Douglas on the first Monday of May and of December. In the Third District, in the County of Lyon, on the first Mondays of February, June and October, and in Esmeralda on the third Mondays of March, July and November. In the Fourth District on the first Monday of March, July and November. In the Fifth District, in the County of Nye, on the first Monday of January, April and August, and in Churchill County on the first Monday of March, June and November. In the Sixth District on the first Mondays of March, June, September and December. In the Seventh District on the first Mondays of March, August and December. In the Eighth District on the first Monday of March, June, September and December. The provisions of this section in regard to terms of Court shall go into effect on the first Monday of January, a.d. eighteen hundred and seventy-one; |
Proviso.
Resignation of W. H. Beatty, etc.
Vacancy in Sixth District, how filled.
Judges salaries. First. Second. Third.
Fourth. Fifth.
Sixth. Seventh. Eighth.
Sixth, how paid.
Terms of Court. First. Second.
Third.
Fourth. Fifth.
Sixth. Seventh. Eighth. When provisions of section to take effect. |
κ1869 Statutes of Nevada, Page 88 (CHAPTER 40)κ
|
Proviso. |
provided, that as to the Eighth District it shall take effect immediately upon the happening of the contingency by which the provision creating the Districts shall take effect as provided in section two; and. provided further, that while the Sixth District shall continue to embrace the counties of White Pine and of Lander, the terms of Court therein shall commence as follows: In Lander County on the first Monday of January and August. In the County of White Pine on the first Monday of April and October. |
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Churchill County.
Commissioners required to set apart money, etc. |
Chap. XLI.An Act to amend an Act of the Legislative Assembly of the Territory of Nevada entitled An Act to create Counties and establish the boundaries thereof, approved November 25, 1861.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Nine. There shall be a county to be known as Churchill County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the southeast corner of Lyon County, and running thence east along the northern line of Esmeralda County to the northeast corner of said Esmeralda County; thence northeast to the southwest corner of Lander County; thence north along the western line of said Lander County to the fortieth degree of north latitude; thence west along said fortieth degree north latitude to where it strikes the summit of a range of mountains marking the eastern boundary line of Roop County; thence southerly along said range to the northeast corner of Washoe County; thence southerly along the eastern boundary of Washoe County; thence southerly along the eastern boundary of Washoe County to a point one hundred feet north of the Central Pacific Railroad; thence northeasterly along the north side of said Central Pacific Railroad and parallel thereto, at a distance therefrom of one hundred feet, to a point sixteen miles from the east side of the bridge across the Truckee River, belonging to the Central Pacific Railroad Company, at the town of Wadsworth; thence southerly to a point on the Carson River three miles below Honey Lake, Smiths old station; thence southerly to the point of beginning. Sec. 2. The Board of County Commissioners of Churchill County is hereby authorized and required to set apart annually for five years the sum of three thousand dollars out of the revenues of said county, which sum shall be paid to Humboldt County each year, until the sum of fifteen thousand dollars shall have been paid. On or before the first day of January each year, the Auditor of Churchill County shall draw his warrant on the Treasurer of Churchill County in favor of the Treasurer of Humboldt County for the sum of three thousand dollars in coin, and the Treasurer of Churchill County shall pay such warrant on presentation out of the moneys set apart for the purpose as provided by this section. |
κ1869 Statutes of Nevada, Page 89 (CHAPTER 41)κ
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on presentation out of the moneys set apart for the purpose as provided by this section. The Treasurer of Humboldt County shall place the same into the Redemption Fund of Humboldt County. Sec. 3. All Acts, or parts of Acts, so far as they conflict with this Act, are hereby repealed. |
Repeal. |
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Chap. XLII.An Act to amend an Act entitled An Act to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22d, 1865.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve of the Act of which this Act is amendatory is amended so as to read as follows: Section Twelve. The stock of such company shall be deemed personal estate, and shall be transferable in the manner provided by the preceding section, and upon the book of the company, upon proper assignment and delivery to the assignee of the certificate of stock; but no share shall be transferable until all previous calls or installments thereon shall have been fully paid in. Sec. 2. Section fourteen of the said Act is amended so as to read as follows: Section Fourteen. Certificates of Stock shall be issued, signed by the President and Secretary, in such manner as may be prescribed by the by-laws of the company. Sec. 3. Section fifteen of the said Act is amended so as to read as follows: Section Fifteen. Such companies shall have power to borrow from time to time, on the credit of the corporation, and under such restrictions as two-thirds in interest of the stockholders may impose, such sum or sums of money, not exceeding in all the amount of its capital stock, as may be necessary for the construction and equipment of their road, at a rate of interest not to exceed fifteen per centum per annum, and to execute bonds or promissory notes therefor, in sums not less than one thousand dollars in any one note or bond, and to secure said notes or bonds may mortgage their corporated property and franchise, and pledge the income of the company; and the Directors of such company shall also provide, in such manner as to them may seem best, a sinking fund, to be especially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond, so issued for money borrowed, or in payment of any debt, or contract, for the construction or equipment of such road as aforesaid, the right to convert the principal due or owing thereon into stock of such company, at any time within six years from the date of such bond, under such regulations as the company may adopt. |
Personal estate of Stockholders.
Certificates of Stock.
May borrow money.
Sinking Fund. |
κ1869 Statutes of Nevada, Page 90 (CHAPTER 42)κ
|
Guardians, etc., may convey real estate to company.
Special proceedings to acquire real estate. |
Sec. 4. Section twenty-three of said Act is amended so as to read as follows: Section Twenty-three. If it shall become necessary, for any of the purposes aforesaid, for such company to acquire any real estate, or any right, title or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator, (as the case may be) may sell and convey the same to said company, but neither such sale or conveyance shall be valid, for any purpose, until the same shall have been approved by the Judge of the proper Court; and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper he shall approve the same, and thereupon such conveyances shall have the same force and effect, for the purposes in this section mentioned, as if the same had been executed by persons competent to convey lands in their own names. Sec. 5. Section twenty-four of said Act is amended so as to read as follows: Section Twenty-four. Such company may acquire any real estate, or any right, title, interest, estate, or claim therein or thereto, necessary for the purposes of said company, as hereinbefore provided, by means of the special proceedings prescribed in this Act. The said special proceedings shall be substantially as follows: The said company shall file in the Clerks office of the District Court, in the county in which said real estate is situated, a petition verified according to law, stating therein the name of the company, the time when it was incorporated, that it still continues in legal existence, the principal termini of the proposed railroad, the description by metes and bounds, or by some accurate designation of the tract, or tracts of land which said company desire to appropriate for the purposes in the foregoing section mentioned; that said tract or tracts of land are necessary for said purposes; that the line of said railroad has been surveyed, and a map thereof made, (a copy of which shall be filed with the said petition); that said line has been adopted as the route of said railroad, and the names of the persons in possession of said tract, or tracts, of land, and of those claiming any right, title or interest therein, as far as the same can be ascertained by reasonable diligence. |
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Board of Printing Commissioners created. |
Chap. XLIII.An Act to amend an Act entitled An Act to create the office of State Printer, define the duties and compensation thereof, and provide for the time and manner of election, approved January 10, 1865.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said Act is hereby amended so as to read as follows: Section Thirteen. A Board of Commissioners is hereby created, consisting of the Controller, Secretary of State, and one expert in printing, to be selected by the Controller and Secretary of State, |
κ1869 Statutes of Nevada, Page 91 (CHAPTER 43)κ
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to be selected by the Controller and Secretary of State, whose duty it shall be from time to time, as may be required, to examine and measure the work done by the State Printer, and no claim or account of the State Printer shall be audited unless first passed upon by the said Board of Commissioners, and the said expert shall be allowed a per diem not exceeding eight dollars, to be determined by the Controller and Secretary of State; and the compensation of said State Printer and expert shall be exempt from the provisions of an Act entitled An Act relating to the Board of Examiners, defining their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February 7, 1865. |
Compensation exempt from Act in relation to Board of Examiners. |
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Chap. XLIVAn Act to provide for the payment of the outstanding and other indebtedness of Humboldt County.
[Approved February 27, 1869]
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, all warrants drawn on the treasury of Humboldt County, shall be paid in the order and manner as hereinafter provided. Sec. 2. All warrants hereafter drawn on the treasury, shall be presented to the County Treasurer for payment, and if there be not sufficient funds in the treasury to pay the same, the Treasurer shall indorse thereon, the words, Not paid for want of funds, signing his name thereto, and he shall at the same time, register the same in a book kept for that purpose, and shall note therein the number, date of issue, date or [of] registry, in whose favor drawn, and the amount thereof, and all such warrants shall bear interest from the date of their registration, at the rate of ten per cent. per annum. Sec. 3. All interest-bearing warrants now outstanding, and all warrants hereafter drawn, shall be paid in the gold and silver coin of the United States, and all warrants not bearing interest, now outstanding, shall be paid in legal tender currency, and shall be paid in the following order: First-The interest-bearing warrants now outstanding, shall be paid in the order of the date of their registration. Second-The warrants not bearing interest now outstanding, shall be paid, and in the order of the date of their issue. Third-The warrants hereafter issued shall be paid, and in the order of the date of their registration; provided, all warrants not bearing interest now outstanding, shall bear interest at the rate of ten per cent. per annum after twelve months from their date. Sec. 4. The Board of County Commissioners of said county shall, at their first regular session after the passage of this Act, place all moneys now in the treasury, or that may hereafter be received from county revenues, (beyond the amount required by law to be placed in the District Judges Salary Fund and School Fund,) as soon as the said moneys shall have been received and paid into the treasury, ; |
Warrants, how paid.
Warrants not paid on presentation to draw interest.
Kind of payment.
Order of payment.
Moneys and revenues apportioned. |
κ1869 Statutes of Nevada, Page 92 (CHAPTER 44)κ
|
Surplus money to be transferred.
Duty of County Treasurer.
Warrants not presented interest to cease.
Proviso.
Claims to be allowed and warrants drawn on proper fund.
Acts repealed. |
into the following funds, and in the following apportionment: To the Contingent Fund, fifteen per cent.; to the Indigent Sick Fund, ten per cent.; and all the remainder of the revenues so collected, into the Redemption Fund. And at the first regular session of said Board thereafter, they shall transfer any surplus that may remain in the Indigent Sick Fund, to the Contingent Fund, and at the same time, if any surplus remains in said Contingent Fund, they may, in their discretion, transfer the same to the Redemption Fund. Sec. 5. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars, it shall be the duty of the County Treasurer of said county, to post a notice in some conspicuous place in his office, which notice shall state that there is now remaining in the Redemption Fund of the county, sufficient money to pay the warrant or warrants next payable, according to their registration, (or date of issue, as the case may be,) as provided in this Act. He shall describe such warrant or warrants by giving their number, date, date of registry (if registered) and amount. And if such warrant or warrants are not presented for payment within thirty days after the date of posting said notice, the interest on the same shall thereafter cease. And said Treasurer shall use the money due on such warrant or warrants, in payment of other warrant or warrants, next in order, which may be presented; provided, if said warrant or warrants are afterward presented, they shall be paid out of the first moneys coming into the Redemption Fund after their presentation. Sec. 6. Whenever any claim against said county is allowed by the Board of County Commissioners, it shall be payable out of its proper fund; and whenever any claim is duly allowed and audited, the warrant therefor shall be drawn upon the proper fund, and upon demand, delivered to the owner thereof. Sec. 7. An Act entitled An Act to provide for the payment of the outstanding indebtedness of Humboldt County, approved March 9, 1865, and An Act to amend an Act entitled An Act to provide for the payment of the outstanding indebtedness of Humboldt County, approved March 9, 1865, approved February 24, 1866, are hereby repealed. |
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Commissioners, when elected and terms of office. |
Chap. XLV.An Act to amend an Act entitled An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved March 8, 1865.
[Approved February 27, 1869.]
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. At the General Election of the several counties in this State, in a.d. eighteen hundred and seventy, by the qualified electors of each county, a Board of County Commissioners, to consist of three members, shall be elected, to possess such qualifications, and to have such powers as hereinafter provided; provided, that in any county where, at the last General Election, there were polled four thousand or more votes, such Board shall consist of five members. |
κ1869 Statutes of Nevada, Page 93 (CHAPTER 45)κ
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to have such powers as hereinafter provided; provided, that in any county where, at the last General Election, there were polled four thousand or more votes, such Board shall consist of five members. At the General Election, in a.d. eighteen hundred and seventy, and at such election held every two years thereafter, there shall be elected in such county, one Commissioner to serve upon the Board of County Commissioners for the term of four years; and a term of four years shall be known both in this Act, and for the purpose of the election of County Commissioners, as the long term; and the other Commissioner or Commissioners, as the case may be, necessary to fill the Board, shall, at said election, be elected to serve upon the Board for the term of two years; provided, that in any county or counties which are, or shall be, under the provisions of this Act entitled to a Board, consisting of five County Commissioners, two of the Commissioners shall be elected to serve upon the Board for the long term. In any county wherein at the last, or any future General Election there were, or shall be polled for the first time, four thousand or more votes. the Board shall be increased to five members by appointment of the Governor; and such appointees shall hold their offices until the first Monday of January following the then next General Election; and at such next General Election in such county or counties, five County Commissioners shall be elected as provided in this section of this Act. Any vacancy or vacancies occurring in any Board of County Commissioners shall be filled by appointment of the Governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next General Election, except as provided otherwise in this Act. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section Two. Said Commissioners shall be qualified electors of their respective counties, and shall enter upon their duties on the first Monday of January succeeding their election, and shall hold their offices two or four years, as the case may be, as provided in this Act; and the term of office of two years, or four years, as the case may be, shall expire at twelve oclock p.m. of the day preceding the first Monday in January following a General Election. No county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner, whether elected or appointed under the provisions of this Act, shall take and subscribe to the oath of office as prescribed by law; provided, that in case such Commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office, as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in Section One of this Act; and provided further, that the term of office of a person appointed to the office of County Commissioner shall not, by virtue of the appointment, extend beyond the hour of twelve oclock p.m. of the day preceding the first Monday of January next following a General Election. Sec. 3. Section seventeen of said Act is amended so as to read as follows: Section Seventeen. Each member of the Board of County Commissioners shall be entitled to receive for his services, for each days necessary attendance, not including Sundays, on the business of the county, a sum to be fixed by the Board; said sum not to exceed in the aggregate during any one year, |
Proviso.
When Board to be increased in number.
Vacancies, how filled.
Qualifications and terms of office.
Proviso.
Proviso.
Compensation. |
κ1869 Statutes of Nevada, Page 94 (CHAPTER 45)κ
|
Proviso.
Not to be allowed compensation for services on committee.
Repeal. |
aggregate during any one year, six hundred dollars to each member of said Board; and he shall receive twenty cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of said Board; provided, that no charge shall be made for more than one trip going and returning from the residence of such Commissioner at each session held; and provided further, that no Commissioner shall be allowed any compensation for services by reason of his being on any committee appointed by the Board, or for any other case except as hereinafter provided. Sec. 4. Section eighteen of the Act, of which this is amendatory, is hereby repealed. |
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Treasurers compensation for collecting State Taxes.
Treasurers Salary Fund.
Proviso.
Proviso. |
Chap. XLVI.An Act [to] amend Section 84 of an Act entitled An Act to amend An Act to provide Revenue for the support of the Government of the State of Nevada, approved March 9th, 1865, approved February 24th, 1866.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eighty-four of said Act is hereby amended so as to read as follows: Section Eighty-four. The several County Treasurers in this State shall be allowed, for collecting all State taxes, excepting poll-taxes, school tax, passenger tax, stamp tax, personal property tax collected by the Assessor, and the tax from the proceeds of the mines, four per cent. for all moneys collected and paid to the State Treasurer, and all moneys now in the Treasurers Salary Fund of the respective counties heretofore accrued for taxes collected and paid over to the State, shall be paid to the said County Treasurers upon their salaries as the same shall accrue. From all county revenues paid into the County Treasurers upon their salaries as the same shall accrue. From all county revenues paid into the County Treasury four per cent. of the amount shall be set apart into the Treasurers Salary Fund; provided, that whenever, at the end of any fiscal year, there shall remain any moneys in said fund after paying the Treasurers salary, the Board of County Commissioners shall order the money so remaining to be transferred into the General County fund; and provided further, that whenever, at the end of any fiscal year, there shall not be sufficient money in said fund to pay said salary, the Board of County Commissioners shall set apart, from any moneys in the General County Fund, not otherwise specifically appropriated, an amount sufficient to pay said salary. No warrants shall be drawn on said fund except to pay the County Treasurers salary. |
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κ1869 Statutes of Nevada, Page 95κ
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Chap. XLVII.An Act to amend an Act entitled An Act to provide for the formation of corporations for certain purposes, approved March 10th, 1865.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of this Act of which this Act is amendatory, is hereby amended so as to read as follows: Section One. Corporations for manufacturing, mining, milling, ditching, mechanical, chemical, building, navigation, transportation, farming, banking, hotel and inn-keeping, and ore reduction purposes, or for the purpose of engaging in any other species of trade, business or commerce, foreign or domestic, may be formed according to the provisions of this Act. Such corporations, and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others; provided, that nothing in this section shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this State, except the Federal currency and the notes of banks authorized under the laws of the Congress of the United States; nor shall bank notes or paper of any kind be permitted to circulate as money in this State, other than the Federal currency and the notes of banks authorized by the laws of the Congress of the United States. |
Purposes for which corporations may be formed.
Proviso. |
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Chap. XLVIII.An Act supplementary to an Act of the Governor and Legislative Assembly of the Territory of Nevada, approved November 21st, 1861, entitled An Act defining the time of commencing civil actions.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No action for the recovery of real property, or for the recovery of the possession thereof other than mining claims, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor or grantor was seized or possessed of the premises in question, within five years before the commencement thereof. Sec. 2. This Act shall be in force and take effect from and after its passage, except as to any actions now pending in any of the Courts of this State. |
Actions for the recovery of real property, when to be maintained.
When to take effect. |
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κ1869 Statutes of Nevada, Page 96κ
|
Deeds of minors for interest in mining claims held valid.
Proviso.
Not to affect suits pending.
Minors empowered to sell and convey mining claims or locations. |
Chap. XLIX.An Act concerning conveyances of mining locations and claims by minors.
[Approved February 27, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all cases in this State since the first day of July, a.d. 1867, where minors over the age of eighteen years have sold interests acquired by them in mining claims or locations by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation; provided, that this section shall not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed; and, provided further, that this section shall not apply to, or affect any suits which may now be pending in any of the Courts of this State, in which the legality or validity of such deeds may be involved. Sec. 2. All minors in this State, over the age of eighteen years, are hereby authorized and empowered to sell and convey by deed such interests as they may have acquired, or may hereafter acquire, in mining claims or mining locations within this State by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this Act. |
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Fines to be paid into the State Treasury. Judgment may include fees and cost. |
Chap. L.An Act to amend an Act entitled An Act in relation to Fines, approved January 28th, 1867.
[Approved March 1, 1869.]
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 fines imposed and collected under, and for violation 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. A judgment that the defendant in a criminal case pay a fine may also include, as part of such judgment the fees or costs, allowed by law to Justices of the Peace, Recorders, Clerks, Peace officers, and District Attorneys. |
κ1869 Statutes of Nevada, Page 97 (CHAPTER 50)κ
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allowed by law to Justices of the Peace, Recorders, Clerks, Peace officers, and District Attorneys. The amount of fine and of costs shall be separately stated in the judgment, and the Court shall by such judgment direct that if the judgment or any part thereof is not paid, the defendant be imprisoned one day for each two dollars of the judgment not paid. |
Amount of fine and costs to be separately stated in judgment. |
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Chap. LI.An Act to create the office of State Mineralogist, and define the duties of such officer.
[Approved March 1, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of State Mineralogist is hereby created. Sec. 2. A. F. White is hereby appointed State Mineralogist. He shall hold said office until his successor shall have been elected and qualified as hereinafter provided. Sec. 3. At the general election in the year one thousand eight hundred and seventy, and every four years thereafter, there shall be elected, by the qualified electors of the State of Nevada, a State Mineralogist, who shall qualify and enter upon the discharge of his official duties on the first Monday of January next succeeding his election; and who shall hold said office for four years thereafter, and until his successor shall have been elected and qualified. Sec. 4. He shall reside and keep his office at the seat of government of this State, except when absent on official duty within the State. He shall be commissioned by the Governor, and shall take and subscribe thereon the oath of office prescribed by the law. Sec. 5. He shall receive as salary the sum of three thousand six hundred dollars per annum, payable quarterly. All the necessary actual contingent expenses of his office, the expense of an appropriate outfit, and his necessary traveling expenses, shall be allowed by the Board of Examiners, and audited and paid as are other claims against the State. Sec. 6. It shall be his duty to visit and examine, with reference to their mineral, agricultural and other resources, the different portions of the State, and collect such mineralogical, geological and other valuable specimens, and also such information as is of scientific interest, or which may have a practical bearing upon the subject of mines and mining, agriculture and other resources, and industrial pursuits of the State. He shall visit the several mining districts in each county, ascertain and record their history, describe their prevailing geological formation and altitude, the characteristics of the mines, peculiarities of the ores, products, richness and development; also, he shall ascertain the locality, probable quantity and character of all the arable, grazing and timbered lands belonging to the United States within the bounds of Nevada, and from time to time report the same to the authorities having charge of the public lands belonging to the State, for their information; particularly recommending to them for selection such portions as are valuable, and desirable to be selected by this State, in satisfaction of lands granted by the United States to the State of Nevada. |
Office created. Mineralogist appointed.
Election.
To reside, etc., at seat of government.
Salary, etc.
Duties.
To ascertain character of lands.
Report to authorities. |
κ1869 Statutes of Nevada, Page 98 (CHAPTER 51)κ
|
Catalogue.
To assay specimens of ores.
Specimens catalogued to be deposited in museum.
Power to engage services of employe.
Report.
Acts repealed. |
are valuable, and desirable to be selected by this State, in satisfaction of lands granted by the United States to the State of Nevada. Sec. 7. He shall collect, mark, and catalogue mineralogical and geological specimens, and carefully prepare a description of every such specimen, and of locality where each specimen was obtained. Sec. 8. He shall assay or cause to be assayed, analyzed and described, so far as practicable and deemed expedient, all specimens of ores, which, together with the statement of the locality from which the same was obtained, shall be printed and attached, or refer to the specimen. Sec. 9. All specimens properly catalogued shall be deposited in a museum, so soon as one shall have been prepared by the State, where they, together with the catalogue, shall be carefully kept, and shall at all seasonable times be subject to examination by any person, subject to the rules prescribed by the State Mineralogist. Until such time the same shall be kept in the office of the State Mineralogist. Sec. 10. He shall have the power, and he is hereby authorized to engage the services of one employe, at such times as he may think necessary, fix the wages and time of service of said employe, and certify the amount to the Board of Examiners, who shall audit the same. Sec. 11. He shall, on or before the second Monday in January, 1871, report to the Legislature in detail all acts performed and information obtained under the provisions of this Act. Sec. 12. An Act entitled An Act to provide for establishing and maintaining a Mining School, and create the office of State Mineralogist, approved March 9, 1866, and all Acts and parts of Acts in conflict herewith are hereby repealed. Sec. 13. This Bill shall take effect from and after its passage. |
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Treasurer required to set apart money quarterly to pay compensation. |
Chap. LII.An Act to amend an Act entitled An Act to provide a fund for the payment of the salaries of the District Judges of this State, and to regulate the disposition of the same, approved March 1, 1866.
[Approved March 1, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above entitled Act, is hereby amended so as to read as follows: Section One. It shall be the duty of the County Treasurer of the county or counties composing the respective districts, and they are hereby directed and required, from the revenues of the several counties respectively, to set apart quarterly a sufficient amount of money to pay the quarterly compensation, or such countys proportion of the quarterly compensation of the several District Judges of this State, of and within the several Districts respectively as apportioned by law. And the moneys so set apart as aforesaid, shall be and remain a special and exclusive fund, |
κ1869 Statutes of Nevada, Page 99 (CHAPTER 52)κ
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and exclusive fund, to be known in each county as the District Judges Salary Fund; and it shall be the duty of the several County Auditors, and they are hereby directed and required, to draw their warrants upon such special fund, upon the County Treasurers of the several counties, upon the first Monday of each month of each year, in favor of each District Judge of the said District, for the monthly compensation of said Judges as fixed by law; and it shall be the duty of the County Treasurer of each county, and he is hereby directed and required, to pay such warrants immediately upon the presentation thereof to him, from the moneys so set apart in said fund; and the moneys so set apart shall not be used or appropriated to any other fund, use or purpose. Sec. 2. This Act shall take effect on the first Monday of April, one thousand eight hundred and sixty-nine. |
Salary Fund. Auditor required to draw warrants.
Treasurer required to pay warrants. |
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Chap. LIII.An Act to provide for the payment of the outstanding indebtedness of Nye County.
[Approved March 1, 1869.]
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, is shall not be lawful for the Treasurer of Nye County to pay any warrant drawn on the treasury of said county, on account of any indebtedness of the county, outstanding prior to the passage of this Act, except in 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 as the Redemption Fund of said county. As soon after the passage of this Act as is practicable, they shall cause to be transferred into said Redemption Fund, twenty (20) per cent of all county revenues in the county treasury of said county, at the time of the taking effect of this Act; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said twenty (20) per cent. of said revenues from said treasury, until the said order of transferrence (to be made by said Board of County Commissioners as hereinafter provided for) is duly certified of such Treasurer, and they shall cause twenty (20) per cent. of all county revenues paid into the treasury of said county at any time after the passage of this Act, to be placed in said Redemption Fund as soon as paid into said treasury. The moneys placed in the Redemption Fund created by this Act, shall be disbursed as hereinafter provided. Sec. 3. All indebtedness now audited and registered in the register of accounts of said county, directed and required by the provisions of this Act to be paid out of the Redemption Fund, shall, from the date of the taking effect of the same, bear interest at the rate of ten (10) per cent. |
Treasurer prohibited from paying warrants.
Commissioners authorized to create a Redemption Fund.
Revenue to be transferred.
Disbursed.
Indebtedness audited and registered, to bear interest. |
κ1869 Statutes of Nevada, Page 100 (CHAPTER 53)κ
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Duty of Treasurer.
Sealed proposals for surrender of indebtedness.
Proposals opened.
Lowest bid to be accepted. Proviso.
Accepted bids.
Indebtedness to be canceled.
Vouchers.
Lowest bid
Treasurer to return unaccepted bids.
Separate account.
Indebtedness purchasable out of Redemption Fund. |
cent. per annum, and all indebtedness audited and allowed after the passage of this Act, and payable and purchasable out of the Redemption Fund herein, shall bear the like rate of interest from and after the date of the allowance thereof. Sec. 4. Whenever at any time there shall be in said Redemption Fund the sum of one thousand dollars, or more, it shall be the duty of the County Treasurer of said county, to give fourteen days notice by publication in some newspaper published in said county, or, if no such paper be published, then by posting notices in three conspicuous places in said county, that sealed proposals directed to him, will be received for the surrender of county indebtedness, issued or outstanding prior to the passage, or under the provisions of this Act; and that said proposals will be received by him until the next regular, or special meeting of the Board of County Commissioners of said county thereafter. Sec. 5. On the first day of such regular meeting, or at any special meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county indebtedness specified in the preceding section; provided, that no bid for more than par value be accepted by them, nor any bid, unless accompanied by the certificate or certificates issued for the indebtedness proposed to be surrendered. Sec. 6. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the certificates to be redeemed, specifying the amount to be paid for each certificate, the date, number, and amount thereof, and make a record thereof in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the indebtedness designated in the accepted bid, or bids, and pay for the same out of the Redemption Fund aforesaid, and all indebtedness so redeemed shall be canceled by the County Treasurer, by writing across the certificate surrendered, in red ink, Purchased and redeemed, adding thereto the time and the amount paid therefor, and sign the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the 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 of indebtedness 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 nearly as possible. The County Treasurer shall return all unaccepted bids, together with the certificates therein contained, to the owners, on demand. The County Treasurer shall keep a separate account, under the heading of Redemption Fund, of all moneys received into the said fund, and of all moneys paid out of said fund, and to whom paid. The County Auditor shall also, on the register of audited or registered accounts kept by him, write opposite each audited account redeemed under the provisions of this Act, the word, Purchased, and state the amount paid therefor. Sec. 7. When any claim against said county, which accrued prior to the passage of this Act, is allowed by the Board of County Commissioners of said county, after the passage of this Act, the same shall be allowed as purchasable out of the Redemption Fund of said county, and all indebtedness audited on such claims shall be payable and purchasable out of said Redemption Fund, in the same manner provided by this Act for the purchase of other county indebtedness, with moneys of said county in said Redemption Fund. |
κ1869 Statutes of Nevada, Page 101 (CHAPTER 53)κ
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chasable out of said Redemption Fund, in the same manner provided by this Act for the purchase of other county indebtedness, with moneys of said county in said Redemption Fund. Sec. 8. All Acts and parts of Acts heretofore passed, so far as they conflict with the provisions of this Act, are hereby repealed. Sec. 9. This Act shall take effect from and after its passage. |
Acts repealed. |
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Chap. LIV.An Act supplementary to an Act entitled An Act defining the duties of the State Treasurer, approved February 2, 1866.
[Approved March 1, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Treasurer shall pay all warrants drawn upon him by the State Controller, out of the proper fund as directed in the order in which the same are presented. If there be no money to pay any warrant when presented, the State Treasurer shall indorse thereon the words not paid for want of funds, and shall note the date of presentation, and attest the indorsement made, by his official signature. He shall at the same time make an entry of the date of presentation, number and amount of the warrant in the Register required by law to be kept by him. So soon as money accumulates or is received into the State Treasury, applicable to and sufficient for the payment of any outstanding warrant or warrants so presented for payment and not paid for want of funds, the State Treasurer shall post a notice in writing in a conspicuous place in his office, setting forth the number and amount of his warrant or warrants, and the fact that there is money in the State Treasury to pay the same. From the time of the posting of such notice, no interest shall be allowed or paid upon any warrant which by law is, or may be, entitled to bear interest. Sec. 2. Any failure, neglect or refusal on the part of the State Treasurer to pay any warrant when presented, there being money in the State Treasury to pay the same, or to post the notice within five days as required in this Act, after there shall have been received into the State Treasury, money applicable and sufficient to pay any warrant or warrants presented and not paid for want of funds, or after having received the money and posted the notice as aforesaid on presentation for payment, to pay the warrants so posted, shall subject him to damages to the person or persons aggrieved to an amount equal to treble interest on the sum specified in the warrant or warrants not paid on presentation as provided in this section, such interest being computed at the rate of three per cent. per month during the time such warrant or warrants remain unpaid, and in any suit brought to recover the same judgment shall be rendered to cover the damages at the time of the entry thereof and for costs. Sec. 3. The State Treasurer shall securely keep, in a good and sufficient fire-proof safe, furnished and provided for him for that purpose, |
Treasurers duty in payment of warrants.
Liable to treble damages on failure, etc., to pay warrants when money in Treasury to pay same.
Treasurer required to |
κ1869 Statutes of Nevada, Page 102 (CHAPTER 54)κ
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keep money in safe in office. Prohibited from using money, except in payment of warrants. |
pose, in his office at the seat of Government, all the public moneys of the State which may be at any time on hand in the State Treasury, and shall not deposit any part or portion thereof with any individual, copartnership or corporation; nor shall he use said money, or any part thereof, or allow any one else so to do, except in payment of warrants properly drawn upon him by the State Controller. |
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Secretary of State required to have certain State documents bound, etc.
Duty in relation to binding.
Authorized to read proof in San Francisco.
Appropriation.
Proviso. |
Chap. LV.An Act to provide for the preservation of the Manuscript Laws, and other important State Papers.
[Approved March 1, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Secretary of State, as soon as all the laws, joint and concurrent resolutions, and memorials passed at the present session of the Legislature shall be properly enrolled, or within thirty days thereafter, to proceed to the City of San Francisco, in the State of California, and carry with him in his own personal custody all such enrolled laws, joint and concurrent resolutions and memorials, together with the enrolled copy of the Constitution of the State of Nevada, the enrolled description of the State Seal, and the manuscript copy of the proceedings of the Constitutional Convention, heretofore held for the purpose of framing a constitution for this State, and the manuscripts containing the enrolled Acts and joint and concurrent resolutions of the Territory of Nevada, and of the State of Nevada, passed prior to this session. Sec. 2. The Secretary of State shall cause to be bound in suitable books or folios, in junk board marbled, with leather backs and corners, all such manuscripts enumerated in Section One of this Act, making separate volumes for each regular session of the Legislature, commencing with the session of the year eighteen hundred and sixty-one. Said manuscripts shall be and remain under his personal supervision while in process of binding, and be by him, and in his care, brought back and deposited in the State archives. Sec. 3. The Secretary of State is hereby authorized and permitted, while in the City of San Francisco aforesaid, to read by copy and correct the proof sheets of the laws, resolutions and memorials passed at the present session of the Legislature. Sec. 4. The sum of two hundred and fifty dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated to pay for the binding in this Act provided for, and to defray the reasonable expenses incurred by the Secretary of State, in the discharge of the duties imposed in this Act; provided, that the expenditures by him incurred shall be accounted for in his next ensuing official report. |
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κ1869 Statutes of Nevada, Page 103κ
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Chap. LVI.An Act to provide for the education of the Deaf and Dumb and the Blind of the State of Nevada.
[Approved March 2, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Superintendent of Public Instruction is authorized and required to make arrangements with the directors of the Institution for the Deaf and Dumb and the Blind, at San Francisco, in the State of California, for the admission, support, education and care of the deaf and dumb and the blind 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. Upon the application under oath of a parent or nearest friend of any deaf, dumb, or blind person, resident of this State, setting forth that by reason of deafness, dumbness, or blindness, such person is disqualified from being taught by the ordinary process of instruction, and that the parents or guardian of said person are unable to pay for his or her support and education in the aforesaid institution, and file the same with the Board of County Commissioners of the proper county, and such board shall be satisfied of the truth thereof, and such Board shall have made application to the Superintendent of Public Instruction for that purpose, it shall be the duty of the Superintendent of Public Instruction to issue a certificate to that effect, which certificate being produced, shall be the authority of the Directors of the institution aforesaid for receiving such deaf and dumb or blind person as a pupil. Sec. 3. The sum of three thousand dollars is hereby appropriated out of any moneys now in or hereafter coming into the State Treasury, not otherwise appropriated, for carrying out the provisions of this Act during the years eighteen hundred and sixty-nine and seventy, and all sums due for support and education of such deaf and dumb or blind pupils in the aforesaid institution, 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. 4. All deaf and dumb or blind persons between the ages of eight and twenty-one years, that are not mentally or physically incapacitated to receive an education, that are free from offensive or contagious diseases, and whose parents or guardians reside in the State of Nevada, and are not able to pay for their support and education in the aforesaid institution, shall be entitled to the benefits intended by this Act, and it is hereby made the duty of the Board of County Commissioners of such county to make provisions, at the expense of the county carrying such pupil to the office of the Superintendent of Public Instruction, who shall make necessary arrangements for carrying the pupil to the institution of instruction before mentioned, at the expense of the State, payable out of the fund provided by this Act. Sec. 5. This Act shall take effect on and after its passage. |
Duty of Superintendent of Public Instruction in relation to the Deaf, Dumb, and Blind.
Application, how made.
Superintendent to issue certificate.
Appropriation.
Persons entitled to benefits of this Act.
Duty of Boards of Co. Commissioners and Sup. Pub. Instruction. |
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κ1869 Statutes of Nevada, Page 104κ
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Actions may be brought on certain claims against the State.
Summons to be served on Controller.
Duties of Attorney-General and Controller.
Appropriation for payment of expense of actions. Appeals. Controller requested to draw warrants when. |
Chap. LVII.An Act to enable a certain class of claimants against the State to appeal to the Courts.
[Approved March 2, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any officer or person who has presented a claim against the State for services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law, to the Board of Examiners, which claim said Board or the State Controller has refused to audit and allow in whole or in part, may commence an action in any Court of Ormsby County having jurisdiction of the amount, for the recovery of such portion of the claim as shall have been rejected. In such action the State of Nevada shall be named as defendant, and the summons shall be served upon the State Controller, and the action shall proceed as other civil actions to final judgment. Sec. 2. The Attorney-General shall defend all such actions on the part of the State. The Controller shall cause to be subpoenaed and examined such witnesses, and procure and cause to be introduced such documentary evidence as he shall deem necessary for the defense, and the sum of five hundred dollars is hereby appropriated out of moneys in the Treasury not otherwise appropriated, for the purpose of defraying any necessary expense in obtaining evidence, and payment of costs for the defense of such actions. Appeals may be taken in all such actions by the Controller on behalf of the State. Sec. 3. Upon the presentation of a certified copy of a final judgment in favor of the claimant in any such action, the Controller shall draw his warrant in favor of the claimant for the amount awarded by the judgment. |
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Secretary of State required to make arrangements for care of Insane. |
Chap. LVIII.An Act to provide for the care of the Insane of the State of Nevada, and to create a fund for that purpose.
[Approved March 2, 1869.]
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 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. |
κ1869 Statutes of Nevada, Page 105 (CHAPTER 58)κ
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Sec. 2. The District Judge of any judicial district in this State, shall, upon application under oath, setting forth that a person by reason of insanity is dangerous to be at large, cause said person to be brought before him, and he shall summon to appear, at the same time and place, two or more witnesses having had frequent intercourse with the accused during the time of the alleged insanity, who shall testify under oath as to conversation, manners and general conduct upon which said charge of insanity is based; and he shall also cause to appear before him, at the same time and place, two graduates in medicine, before whom the District Judge shall examine the charge, and if, after a careful hearing of the case, and a personal examination of the alleged insane person, the said physicians shall certify on oath that the case is of a recent or curable character, or that the said insane person is of a homicidal, suicidal or incendiary disposition, or that from any other violent symptoms the said insane person would be dangerous to his or her own life, or to the lives and property of the community in which he or she may live; and if said physicians shall also certify to the name, age, nativity, residence, occupation, length of time in this State, State last from, previous habits, premonitory symptoms, apparent cause and class of insanity, duration of the disease and present condition, as nearly as can be ascertained by inquiry and examination, and if the District Judge shall be satisfied that the facts in the examination establish the existence of insanity in the person of the accused of a recent or curable nature, or if a homicidal, suicidal or incendiary character, or from the violence of the symptoms, the said insane person would be dangerous to his or her own life, or to the lives and property of others, to be at large, he shall direct the Sheriff, or some other suitable person, to convey to the capital of the State, and place such insane person in charge of the Secretary of State, and shall transmit duplicate copies of the complaint, commitment, and physicians certificate, which shall always be in form as furnished to the Judges by the Secretary of State, and such Sheriff or person shall receive for such services the same fees as are allowed by law to Sheriffs for similar services, and the physicians shall be entitled to the sum of five dollars each for making such examination; provided, that should the examination reveal the fact that the person proven to be insane is indigent, as defined by section four of this Act, the expenses of examination, transmission, and all charges incidental thereto, shall be paid by the county of which said insane person was a resident, and in no case shall such expenses be paid by the State; provided further, that no case of idiocy or imbecility, or simple feebleness of intellect or old cases of dementia, or any other class of old, incurable and harmless insanity, or any case of delirium tremens, shall be received and provided for by the Secretary of State. Sec. 3. The District Judge shall cause inquiry to be made touching the ability of insane persons committed by him to bear the expenses attending the arrest, examination, transmission to the capital, and such other charges as may be necessary in order to properly provide for his or her support. In any case where the insane person is able, by the possession of money, or real or personal property to pay said expenses, the District Judge shall appoint a guardian for said insane person, who shall be subject to the general law in relation to guardians, as far as the same may be applicable; and when there is not sufficient money in hand, the Judge shall order the sale of the property of such person, or so much thereof as may be necessary, and from the proceeds said guardian shall pay all proper costs and charges incidental to arrest, transmission and proper care and support of such insane person during the period of his or her insanity, or so long as there shall be sufficient means to meet said charges and expenses. |
District Judge to examine insane person.
Physicians to attend.
Fees of Sheriff and Physicians.
Indigent insane. Proviso.
Further duties of District Judge.
Guardian. |
κ1869 Statutes of Nevada, Page 106 (CHAPTER 58)κ
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Payment of all charges required.
Additional bond required of Guardian.
Secretary of State to pay money into Treasury.
When insane required to be transferred to indigent list.
Duty of Secretary of State upon reception of insane.
Secretary required to pay certain moneys due on account of insane. |
proper care and support of such insane person during the period of his or her insanity, or so long as there shall be sufficient means to meet said charges and expenses. And in case such insane person has no means applicable to his or her own support, but has kindred in the degree of husband or wife, or (if a minor) father or mother living within this State, of sufficient means and ability to support such insane person, the Judge before whom the examination is had shall order that all expenses and charges be paid by the nearest of such kindred, or may assess the same among such kindred as he may deem just and equitable, causing such charges as the State may be obligated to pay to the directors of the Asylum at Stockton, to be paid quarterly in advance to the Secretary of State, together with all costs and expenses necessarily incurred in transmitting said person to said Asylum. And from the date of such order of the District Judge, such expenses and charges shall be a lien against the property of such kindred, and may be enforced as other liens against real or personal property. Sec. 4. The District Judge shall require of the guardian of any insane person appointed by him, in addition to the bond now required by law to be given by guardians, to enter into bond with good and sufficient sureties, payable to the State of Nevada, conditioned for the prompt payment in advance to the Secretary of State of all charges and expenses set forth in this Act, so long as said insane person shall be cared for and supported by this State, or so long as said means or property shall be sufficient therefor, which bond shall be filed in the office of the Secretary of State at the same time that other papers in relation to insane persons are filed; and all sums of money so received by the Secretary of State, as well as those sums received from kindred, as provided in Section Three of this Act, shall be paid over to the State Treasurer to the credit and become a part of the Insane Fund, created by Section Seven of this Act, under a sworn statement at least once in every three months, and for all moneys thus paid the Secretary of State shall take duplicate receipts, one of which shall be filed with the State Controller. When the means of any insane person shall become exhausted, or the kindred mentioned in this Act shall become unable longer to provide for the support of such insane person, upon a proper showing to the Judge of the District Court where such person was committed, he shall certify such fact to the Secretary of State, who shall immediately transfer the same to the Indigent List, and from the date of such certificate said guardian or kindred, as the case may be, shall be relieved from any further liability on account of such bond or insane person. Sec. 5. It shall be the duty of the Secretary of State, upon the reception of any insane person, duly committed as in this Act provided, 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. 6. The Secretary of State is hereby authorized and required to pay the Directors of the Insane Asylum at Stockton, California, out of the fund created by this Act, all sums of money now due and owing on account of insane persons heretofore committed to and cared for at said Asylum, under the provisions of an Act, entitled An Act to provide for properly taking care of the Indigent Insane of the State of Nevada, and to create a fund for the purpose, approved February 23, 1867; and to continue to pay to said Directors all asylum charges on account of the same, as they may become due; |
κ1869 Statutes of Nevada, Page 107 (CHAPTER 58)κ
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also to pay such sums as are now due and owing to said Asylum on account of persons heretofore sent from this State and Territory by counties or individuals, where such counties or individuals have refused and failed to pay the same, and to transfer to the list of Indigent Insane the names of Mrs. Gottleib Fischer and Rosey Hagan, now inmates of said Asylum, and to pay all present and accruing indebtedness on their account so long as they shall remain in said Asylum; and pay all expenses of transmission and asylum charges for all insane persons who have been received and transmitted by him since the first day of January, eighteen hundred and sixty-nine, and for all such persons as may hereafter be received and transmitted under the provisions of this Act. Sec. 7. The sum of twenty 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-nine and eighteen hundred and seventy, and for the purpose of paying all other sums authorized by section six of this Act. And all sums of money necessarily expended and authorized by this Act, when duly certified by the Secretary of State, and approved, as provided by law, shall be audited by the Controller, and paid by the State Treasurer out of the fund hereby created. Sec. 8. It shall be the duty of the Secretary of State to make a full and detailed report of all his proceedings under this Act to the Legislature, at each session thereof. Sec. 9. An Act entitled 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 twenty-third, eighteen hundred and sixty-seven, is hereby repealed. |
Same.
Appropriation.
Secretary to make report
Act repealed. |
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Chap. LIXAn Act to provide for fostering and supporting the Nevada Orphan Asylum, a duly incorporated benevolent institution located at Virginia City, Storey County, State of Nevada.
[Approved March 2, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six thousand (6,000) dollars is hereby appropriated and set apart out of any moneys in the State Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this Act; and the money so appropriated and set apart shall constitute a fund to be known and drawn upon as the Orphan Asylum Fund. Sec. 2. From and after the date of the passage of this Act, the corporate Trustees or Managers of the Nevada Orphan Asylum shall present monthly to the State Board of Examiners their claims for the actual feeding and clothing expenses of the full orphans under the care of said Trustees or Managers, |
Appropriation.
Orphan Asylum Fund.
Claims to be presented to Board of Examiners. |
κ1869 Statutes of Nevada, Page 108 (CHAPTER 59)κ
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Proviso.
Co. Commissioners authorized to send orphans to Asylum.
Duty of Managers to receive and care for orphans. |
of said Trustees or Managers, and the State Board of Examiners shall audit and allow such claims arising from and after the passage of this Act, against the Orphan Asylum Fund; provided, that the amount audited and allowed against the Orphan Asylum Fund shall not in the aggregate, within the period of two years from the date of the passage of this Act, exceed the sum of six thousand (6,000) dollars, or the sum of three thousand (3,000) dollars in any one year from and after the date and passage of this Act. Sec. 3. The Board of County Commissioners of any county in this State are hereby authorized and empowered to send to the Nevada Orphan Asylum any orphan child or children under twelve years of age, left parentless while residing in this State; and all reasonable expenses incurred in sending such orphan child or children to Virginia City, from the late residence of their deceased parents, shall constitute a charge against the Orphan Asylum Fund, and the same shall be paid out of said Fund on being presented to and audited by the State Board of Examiners. Sec. 4. It is hereby made the duty of the corporate Trustees or Managers of the Nevada Orphan Asylum to receive and care for all orphan children committed to their charge, according to the provisions of this Act, by any Board of County Commissioners in this State; and in receiving applicants for admission into said Asylum no distinction or preference shall be made or given on account of the nationality or religion of the applicant, or his or her parents. |
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County of White Pine created.
County Seat located at Hamilton. Proviso. |
Chap. LX.An Act to create the County of White Pine, and provide for its organization.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County of White Pine is hereby created with the following boundaries, to wit: All that portion of the State of Nevada lying east of a line running due north and south through the most westerly part of the house known as Shannons Station, on the westerly slope of Diamond mountains, in Lander County, on the road from Austin to Hamilton in said county, and south of a line running due east and west through the most northerly part of Camp Ruby, and north of the present line between the Counties of Nye and Lander, as located by Thomas J. Reed, County Surveyor of Lander County, made in 1868. Sec. 2. The county seat of said county is hereby located at the town of Hamilton, provided the proprietors of said town or other persons shall, within one month after the passage of this Act, convey by deed to the County of White Pine, free and clear of all incumbrances, (except the title of the United States) a plat of ground conveniently located, and of sufficient size, for a Court House, Jail, and other necessary County buildings, to remain the property of said county so long only as the same shall be used for county purposes; and if no such conveyance shall be made within such time, then the county seat may be located by order of the County Commissioners of said county. When such conveyance is made and accepted by said Board, the same shall be delivered to the County Commissioners, or some one of them, who shall cause it to be recorded. |
κ1869 Statutes of Nevada, Page 109 (CHAPTER 60)κ
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such conveyance is made and accepted by said Board, the same shall be delivered to the County Commissioners, or some one of them, who shall cause it to be recorded. Sec. 3. The following named persons shall be and are hereby constituted the officers of said county, until the next general election, to wit: Sheriff, Edward Irwin; County Recorder, Warren T. Lockhart; County Clerk, H. M. Eddy; County Assessor, Augustus Ash; County Treasurer, M. W. Kales; County Surveyor, E. F. Mitchell; District Attorney, F. H. Kennedy; Public Administrator, M. J. Henly; County Superintendent of Public Instruction, H. S. Herrick; County Commissioners, Frank Drake, Frank Wheeler, T. R. Cranley. The said officers shall perform the duties now required by law of officers of the same character in the other counties of the State. There shall be in Treasure City and Hamilton, each, two townships, and one in Shermantown. For each of the townships herein named, or that may hereafter be created, there shall be appointed by the Board of County Commissioners one Justice of the Peace and one Constable. Sec. 4. The County of White Pine shall constitute one Senatorial and one Assembly District, and until otherwise provided shall be entitled to a representation of two (2) Senators, and five (5) Members of the Assembly in the Legislature of the State. Sec. 5. The salary of the District Attorney for White Pine County is hereby fixed at three thousand dollars per annum, and the salary of the County Treasurer shall be two thousand dollars per annum, and the salary of the County Superintendent of Public Schools shall be fixed by the County Commissioners, not to exceed six hundred dollars per annum, and their fees shall be the same as officers of like character under the laws of the State. Sec. 6. The County of White Pine shall assume and pay to Lander County, as its portion of the debt of said county, the sum of twenty-two thousand five hundred dollars. For the purpose of paying said amount, twenty per cent. of all the county revenues collected by the County of White Pine shall be placed in a fund to be called the Lander County Debt Fund, which fund should be applied exclusively to the payment of said debt until the whole twenty-two thousand five hundred dollars shall be paid. Warrants drawn upon the County of White Pine in favor of the County of Lander, under the order of the Board of Commissioners of Lander County, shall be paid out of said fund by the Treasurer of said county until the said sum shall be fully satisfied. All moneys received from White Pine County by Lander County shall be placed in the Redemption Fund of said latter county. Sec. 7. The County Recorder of Lander County is hereby authorized and empowered, and it shall be his duty to transcribe into suitable books all the records in his custody, pertaining or relating to, or affecting the title to any property situated within said County of White Pine, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage of this Act, and when completed shall be delivered to the County Recorder of said White Pine County, and shall thereafter be kept in his office, and shall be for every purpose of the same force and effect as other County Records. The Recorder of Lander County shall be entitled to receive as compensation for the services hereby imposed one-half of the fees now allowed by law for recording and indexing written instruments in his office. His claim for said compensation shall be allowed by the Commissioners of White Pine County, on the completion and delivery of said transcript and index, and shall be paid as other claims against said county. |
Deed to be recorded.
Officers of County constituted until General Election.
Duties.
Township and township officers.
To constitute one Senatorial and Assembly District. Salaries of Officers.
County to assume portion of indebtedness of Lander.
Duty of Recorder of Lander County to transcribe records.
Compensation. |
κ1869 Statutes of Nevada, Page 110 (CHAPTER 60)κ
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When Act to take effect.
Certificate.
Certificate. |
said transcript and index, and shall be paid as other claims against said county. Sec. 8. The provisions of this Act shall take effect, and be in full force, from and after the first day of April, a.d. 1869, at which time said county shall be duly organized. D. O. Atkison, Speaker of the Assembly. A. Whitford, Clerk of the Assembly. T. D. Edwards, President of the Senate, pro tem. John Wasson, Secretary of the Senate.
I hereby certify, that Assembly substitute to substitute to Assembly Bill No. 33, entitled An Act to create the County of White Pine, and provide for its organization, was passed by the Assembly on February 19th, 1869-yeas, 26; nays, 11. That the same was amended by the Senate on the 20th day of February, as shown by the message of that body on record, and that the Assembly concurred therein on the 23d day of February, by a vote of 27 yeas to 7 nays, and that it was reported as correctly enrolled and handed to the Governor for his approval on the said last mentioned day, as is shown by the records of the Assembly, and that the same was returned by the Governor to the Assembly on the second day of March, a.d. 1869, without action, and that the same became a law by virtue of section thirty-five of article four of the State Constitution. D. O. Atkison, Speaker of the Assembly. A. Whitford, Clerk of the Assembly.
I hereby certify that the Senate was, on the second day of March, duly notified by the Assembly of the condition of the foregoing Act, as set forth in the preceding Assembly certificate. T. D. Edwards, President of the Senate, pro tem. John Wasson, Secretary of the Senate.
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κ1869 Statutes of Nevada, Page 111κ
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Chap. LXI.An Act concerning certain expenses relative to Jurors in Civil Cases.
[Approved March 3, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all cases when a Jury is kept together by reason of the requirements concerning Special Juries, or by failure to agree upon a verdict, the expenses of their board and lodging shall be taxed as other disbursements and expenses in favor of the prevailing party. No verdict shall be entered or judgment rendered thereon, until the same is paid or rendered. The Clerk shall receive and properly disburse all money properly taxable under the provisions of this Act. |
Jury expenses to be taxed as other disbursements. |
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Chap. LXII.An Act for the erection of a State Orphans Home, and to provide for the same.
[Approved March 3, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be established within the limits of the city of Carson, in the manner hereinafter provided for, a State Orphans Home. Sec. 2. The administration of said Home shall be under the control of a Board of Directors, to consist of the Controller of State, State Treasurer and Surveyor-General. They shall select from their number a President and Vice-President. They shall be known by the name and style of the Directors of the State Orphans Home. Sec. 3. The Board of Directors shall have full power to manage and administer the affairs of said Home, and cause to be erected such buildings as may be hereinafter designated. Sec. 4. The Directors shall have power to make by-laws for their own government and the government of the Home; provided, that they are not repugnant to the laws of the United States or of this State. They shall cause to be kept a record of their proceedings, which shall at all times be open for the inspection of a Committee appointed by the Legislature. They shall submit to the Legislature during the first week of each session, a biennial report, showing the amount of the receipts and expenditures, the condition of the Home, the number of orphans or half orphans admitted and discharged during the interval between the regular sessions of the Legislature. They shall have power to appoint a Superintendent and Matron, who shall be man and wife, and all other suitable persons necessary to be employed in said Home. |
Orphans Home established. Administration to be under control of Directors.
Power of Directors to manage affairs, etc.
Powers and duty of Directors. |
κ1869 Statutes of Nevada, Page 112 (CHAPTER 62)κ
|
Organization of Board.
Appropriation.
Appropriation, how used.
Directors to fix location, etc.
Money to be used in Payment of Salaries, etc.
Orphans, how admitted to Home.
Accounts to be approved and allowed
Salary of Superintendent and Matron. Nevada Orphan Asylum to be notified of readiness to receive State Orphans.
Warrant, when drawn, and expense incurred. |
wife, and all other suitable persons necessary to be employed in said Home. They shall have stated meetings, at least once in three months. A majority shall constitute a quorum to transact business. Sec. 5. During the first week of October, a.d. 1869, the Board of Directors shall meet at Carson City, and shall immediately organize and make arrangements for building and furnishing said State Orphans Home, in conformity with the provisions of this Act. Sec. 6. For the purpose of erecting a State Orphans Home Building and supporting the same, the sum of fifteen thousand dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated. Sec. 7. A sum not exceeding twelve thousand dollars of the amount appropriated shall be used for the construction, completion and furnishing said Orphans Home Building in a manner suitable for the reception of the Orphans of this State. Sec. 8. During the month of January, a.d. 1870, the Board of Directors shall fix and determine upon a proper place for said Home Building, and furnishing the same, and for the erection of said Building shall let the necessary contract, which contract must provide for the completion and furnishing said Home Building ready for occupation on or before the first day of October, a.d. 1870. Sec. 9. The three thousand dollars remaining in the State Orphans Home Fund, after the erection of the building as hereinbefore provided for, or as much thereof as may be necessary, shall be used for the payment of the salaries of the employes, and for the clothing, maintenance and education of the Orphans, and for the necessary expense in removing the States Orphans. Sec. 10. All orphans in this State under fourteen years of age, shall be admitted to the State Orphans Home upon the presentation to any one of the members of the Board of Directors of a certificate from the Board of County Commissioners of the County in which they reside, setting forth the fact that they are really orphans and worthy to receive the benefits intended to be given by virtue of this fact [Act]. Sec. 11. All accounts or demands against the State Orphan Home Fund shall be examined and approved by the Board of Directors, before going before the State Board of Examiners, and when allowed by the State Board of Examiners, the Controller of State shall draw his warrant on the State Orphan Home Fund for the amount. Sec. 12. The salary of the Superintendent and Matron shall not exceed in the aggregate the sum of two thousand dollars per annum. Sec. 13. On or before the first day of October, a.d. 1870, it shall be the duty of the Board of Directors of the State Orphan Home to notify the Trustees of the Nevada Orphan Asylum that they will receive all orphans in their charge, and will bear all the necessary expenses in their removal. Sec. 14. Said Orphan Home Building to be erected on a lot in Carson City of not less than ten acres, to be donated to the State by the citizens of Ormsby County. Sec. 15. No warrant shall be drawn on said appropriation, nor shall any expense be incurred by said Board of Directors previous to the first day of January, 1870. Sec. 16. This Act shall take effect from and after its passage. |
κ1869 Statutes of Nevada, Page 113κ
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Chap. LXIII.An Act to regulate the business of Assaying within the State of Nevada.
[Approved March 3, 1869.]
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 be required to place a written description pasted on or stamped upon every bar of bullion or amalgam melted, retorted, assayed or refined by such person or firm, the name of the person or company by whom such bullion or amalgam was deposited with or sold to such person or firm. Sec. 2. Every person or firm within the State of Nevada engaged in or carrying out [on] the business mentioned in the first section of this Act, who shall neglect or refuse to comply with its provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a 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 place description on bars of bullion.
Penalty for refusal or neglect. |
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Chap. LXIV.An Act to amend an Act entitled 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.
[Approved March 3, 1869.]
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 amended so as to read as follows: Section One. 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, fifteen hundred 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 Treasurers Salary Fund. Sec. 2. This Act shall take effect on and after its passage. |
Treasurers Salaries. |
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κ1869 Statutes of Nevada, Page 114κ
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County Commissioners may offer rewards in certain cases.
Proviso.
Order to be made offering Rewards.
Rewards, how paid. |
Chap. LXV.An Act to authorize the County Commissioners of the several Counties in this State to offer and pay rewards in certain cases.
[Approved March 3, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Hereafter, when it shall come to the personal knowledge of the County Commissioners, or a majority thereof, of any of the counties in this State, that the crime of murder has been committed within said county, or whenever one or more of the residents of the county shall state in writing and under oath that such crime has been committed in the county, and that to the best of their knowledge and belief the person or persons, whether known or unknown, committing the crime, has or have not, at the time of making such statement, been apprehended or taken into custody, and the Board, from such statement or other evidence, believe that a murder has been committed, and that the offering of a reward would tend to cause the arrest of the perpetrator or perpetrators of the crime, the Board of County Commissioners, or a majority thereof, are authorized to offer a reward for the arrest and safe delivery of such criminal or criminals to the proper officers; provided, that in no case shall a reward be offered, as provided for in this Act, for more than five hundred dollars in each case; and such offer shall expire so soon as the Board of County Commissioners offering the reward shall make and [an] order to that effect, which they are authorized and empowered to do at any general session, or at a special session convened without notice, and shall cause the same to be entered in their minutes of proceedings. No reward shall be offered as herein authorized until after an order shall have been made by the Board and entered in the minutes of their proceedings, reciting the name of the person or persons murdered, and the amount of the reward offered, and the order shall have been approved by the Board and attested in the usual manner of attesting the minutes of their proceedings in other cases. Sec. 2. All claims for rewards, as provided for in the preceding section, shall be allowed and paid as other claims against the county, under the direction of the County Commissioners, as provided for by law. Sec. 3. This Act shall take effect from and after its passage. |
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κ1869 Statutes of Nevada, Page 115κ
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Chap. LXVI.An Act providing offices for the District Judges in this State.
[Approved March 3, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Offices shall be provided and furnished by, and at the expense of the several counties in this State, for the several District Judges therein; and whenever the County Commissioners of any county in this State shall neglect or refuse to provide and furnish an office for the use of the District Judge, it shall be lawful for such District Judge to make an order (which shall be entered upon the minutes of the Court) requiring the Sheriff to provide and furnish such office; and the necessary expenses incurred therein shall become a legal and valid claim against said county. |
Offices to be provided for District Judges. |
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Chap. LXVII.An Act to require Foreign Corporations to furnish evidence of their incorporation, and corporate name.
[Approved March 3, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every incorporated company or association created and existing under the laws of any other State, or of any foreign government, shall file in the office of the County Recorder of each county of this State, wherein such corporation is engaged in carrying on business of any character, a properly authenticated copy of their certificate of incorporation, or of the Act or law by which such corporation was created, with a proper certificate of the officers of the corporations, as to the genuineness of the same, and to each of such certificates shall be appended a duly certified list of the officers of such corporation. Sec. 2. Any person or persons who shall act as the managing agent or superintendent of any such corporation in conducting or carrying on any business of such corporation, in any of the counties of this State, without any such certificate having been filed as required, as provided in Section one herein, shall be deemed guilty of a misdemeanor, and on conviction shall be fined, not exceeding five hundred dollars, to which may be added imprisonment not exceeding six months. Sec. 3. This Act shall take effect on the first day of July, a.d. eighteen hundred and sixty-nine. |
Foreign Corporations required to file Copy of Certificate.
Carrying on business without filing deemed misdemeanor.
Penalty. |
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κ1869 Statutes of Nevada, Page 116κ
|
Duty of Board when no Appropriation has been made to pay claim
Duty where Appropriation has been made.
When Controller not to draw Warrant.
Repeal.
Certificate. |
Chap. LXVIII.An Act to amend 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 7, 1865.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act is hereby amended so as to read as follows: Section Five. It shall be the duty of the Board of Examiners to examine into all claims against the State, presented to them by petition, for which no appropriation has been made, and which require to be acted upon by the Legislature, and to take all evidence in regard to the same which may be offered by the claimant or deemed proper by the Board. The evidence shall be reduced to writing, and together with the petition shall be transmitted to the Legislature on the first day of its next session, together with the opinions of the Board in reference to the merits of the same. Sec. 2. Section six of said Act is hereby amended so as to read as follows: Section Six. All claims against the State for services or advances, for payment of which an appropriation had been made by law, and which have been by law authorized, but of which the amount has not been liquidated and fixed, may be presented to the Board of Examiners in the form of an account or petition, and in such manner as said Board shall prescribe by their rules; the claimant may present his evidence to sustain said demand, which evidence, if oral, shall be reduced to writing, and they shall either reject or allow the claim in whole or in part within thirty days from its presentation, and shall indorse upon the same, if allowed in whole or in part, over their signatures, Approved for the sum of _____ dollars, and shall immediately transmit the same so indorsed, together with all the evidence received by them relating thereto, to the Controller of State. The Controller shall not allow or draw his warrant for any claim of the class described in this Section, which shall not have been approved by said Board, or for a greater amount than allowed by said Board, except when said claim shall not have been acted upon by said Board within thirty days prior to its presentation. Sec. 3. Sections four and seven of said Act are hereby repealed.
This is to certify that Assembly Bill No. 129, An Act to amend 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, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: yeas, 27; nays, 10. D. O. Atkison, Speaker of the Assembly. A. Whitford, Clerk of the Assembly. |
κ1869 Statutes of Nevada, Page 117 (CHAPTER 68)κ
This is to certify that Assembly Bill No. 129, An Act to amend 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, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: yeas -; nays, -. T. D. Edwards, President of the Senate, pro. tem. John Wasson, Secretary of the Senate.
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Chap. LXIXAn Act for the relief of A. M. Krutschnitts and his bondsmen.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All rights of action, and all claims for damages which have accrued in favor of the State of Nevada against A. M. Krutschnitts, late Assessor of Storey County, and his bondsmen, on account of a failure by said Assessor at any time during the years eighteen hundred and sixty-seven and eighteen hundred and sixty-eight, and prior to the first day of July, eighteen hundred and sixty-eight, to place upon the assessment roll of the proceeds of the mines of said county a valuation of said proceeds different from that contained in the sworn or affirmed statement of the Presidents, Superintendents, Treasurers or Managing Agents of the respective mining companies or corporations furnished to said Assessor under the provisions of section one hundred of an Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, or for a failure during said period to make any different valuations of said proceeds than those contained in said sworn or affirmed statements, or on account of a failure during said period to amend or change the valuations contained in said statements in any proceedings subsequent to their reception, which were by law required to be performed by said Assessor in relation to said tax, are hereby released and discharged, and no action for such cause shall be maintained by, or on behalf of, the State against said Assessor or his bondsmen. Sec. 2. The Attorney-General of the State shall cause to be dismissed, upon payment by defendants of all costs hitherto accrued, any and all actions now pending against said Assessor or his bondsmen, wherein the State is plaintiff, for any of the causes set forth in section one of this Act.
This is to certify that Assembly Bill No. 37, An Act for the relief of A. M. Krutschnitts and his bondsmen, passed the Assembly March 3, 1869, |
Rights of Action, etc., released by State.
Same.
Attorney-General required to dismiss Actions.
Certificate. |
κ1869 Statutes of Nevada, Page 118 (CHAPTER 69)κ
|
Certificate. |
3, 1869, notwithstanding the objections of the Governor, by the following vote: yeas, 30; nays, 6. D. O. Atkison. Speaker of the Assembly. A. Whitford, Clerk of the Assembly.
This is to certify that Assembly Bill No. 37, An Act for the relief of A. M. Krutschnitts and his bondsmen, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: yeas, -; -. T. D. Edwards, President of the Senate, pro tem. John Wasson, Secretary of the Senate. |
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Appropriation.
Claim to be presented to Board of Examiners.
Certificate.
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Chap. LXX.An Act for the relief of James Slingerland, Warden of the State Prison.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three thousand dollars is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, for the purpose of paying the claim of J. S. Slingerland, for the value of money and property belonging to him, lost or destroyed at the time of, and by reason of the fire at the State Prison, on May 1, 1867. Sec. 2. The claim of said Slingerland for the losses mentioned in section one, shall be presented to the Board of Examiners, who shall allow thereon the value of the property lost, at the time and in the manner described in said section, not exceeding the sum of three thousand dollars; and the examination and allowance of said claim shall be subject to all the provisions of law in force in reference to unliquidated claims, for the payment of which an appropriation has been made.
This is to certify that Assembly substitute for Senate Bill No. 165, an Act for the relief of James S. Slingerland, Warden of the State Prison, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 27; nays, 10. D. O. Atkison, Speaker of the Assembly. A. Whitford, Clerk of the Assembly. |
κ1869 Statutes of Nevada, Page 119 (CHAPTER 70)κ
This is to certify that Assembly substitute for Senate Bill No. 165, an Act for the relief of James S. Slingerland, Warden of the State Prison, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 16; nays, 4. T. D. Edwards, President of the Senate, pro tem. Chas. F. Bicknell, Asst Secretary of the Senate. |
Certificate. |
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Chap. LXXI.An Act to restrict gaming.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each and every person who shall deal, play, carry on, open, or cause to be opened, or who shall conduct, either as owner or employe, whether for hire or not, except under a license as hereinafter provided, any game of faro, monte, roulette, lansquenette, rouge et noir, rondo, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other representative of value, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one thousand, nor more than three thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both such fine and imprisonment. Sec. 2. Any person may procure a license for carrying on any one of the games mentioned in section one of this Act, in any single room, upon the payment to the Sheriff of the county in which the same is situated, the amount of license money fixed in section four of this Act, and upon giving to said Sheriff a definite description of the room in which he designs to carry on said game, and filing with the County Clerk of the county a copy of said description. Sec. 3. Blank licenses shall be prepared by the County Auditor, which shall be signed, issued and accounted for, as is by law provided in respect to other county licenses. Each license delivered by the Sheriff under this Act to any person, shall contain the name of the licensee, a particular description of the room in which the licensee desires to carry on the game licensed, and shall by its terms authorize the licensee to carry on one of the games mentioned in the first section of this Act, specifying it by name, in the room therein described, for the period of three months next succeeding the date of issuance of the license. The said license shall protect the licensee and his employer or employers against any criminal prosecution for dealing or carrying on the game mentioned in the room described during said three months, but not for dealing or carrying on any other game than that specified, or the specified game in any other place than the room so described: |
Penalty for carrying on game without license.
How license may be procured.
Auditor required to prepare Blank Licenses. What license shall contain.
License to protect Licensee. |
κ1869 Statutes of Nevada, Page 120 (CHAPTER 71)κ
|
Proviso.
Amount to be paid for quarterly license.
Carrying on game without license to be punished.
Game not to be carried on in front room.
Persons under 17 not permitted to remain.
Licensed gaming house or game not to be suppressed, etc. Persons not disqualified from testifying.
District Attorney to receive fee for conviction.
Repeal.
Certificate. |
provided, that the licensee shall be entitled to deal, or play, or carry on two or more games in the same room, by paying a license for each game so dealt or carried on. Sec. 4. The amount to be paid to the Sheriff for a quarterly license shall be as follows: In any county in which at the General Election next preceding the time of application were polled two thousand or more votes, or in any county created after such General Election, four hundred dollars; in any other county two hundred and fifty dollars. Sec. 5. All moneys received for licenses under the provisions of this Act, shall be paid, one half into the County Treasury and one half into the State Treasury, for general county and State purposes respectively. Sec. 6. Every person who shall knowingly permit any of the games mentioned in the first Section of this Act to be played, conducted, dealt, or carried on in any house owned by him of her, in whole or in part, except by a person who has received a license as herein provided, or his employe, and in the room described therein, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in Section one of this Act. Sec. 7. None of the above mentioned games shall be carried on, nor shall any license issue to carry the same on, in any front room of the first or ground floor of any building, and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room, any person under the age of seventeen years, he shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section one of said Act. Sec. 8. No town, city, or municipal corporation in this State shall hereafter have power to prohibit, suppress or regulate any gaming house, or game licensed as provided by this Act. Sec. 9. No person otherwise competent as a witness shall be disqualified or excused from testifying as such, either before a grand or petit jury or any Court, to any facts concerning the offenses mentioned in the foregoing sections of this Act, on the ground that his testimony may criminate himself. Sec. 10. The District Attorney of the county shall receive two hundred and fifty dollars for each conviction of any person charged with the commission of any of the offenses mentioned in this Act, which sum shall be taxed as costs in the action, but in no case shall such costs be a charge against the county. Sec. 11. An Act entitled An Act to prevent gaming, approved February 25, 1865, is hereby repealed.
This is to certify that Assembly Bill No. 78, An Act to restrict gaming, passed the Assembly this [day] notwithstanding the objections of the Governor, by the following vote: Yeas, 29; nays, 7. D. O. Atkison, Speaker of the Assembly. A. Whitford, Clerk of the Assembly. |
κ1869 Statutes of Nevada, Page 121 (CHAPTER 71)κ
This is to certify that Assembly Bill No. 78, An Act to restrict gaming, passed the Senate this day, notwithstanding the objections of the Governor. Yeas, 15; nays, 4. T. D. Edwards, President pro tem. of the Senate. Chas. F. Bicknell, Secretary of the Senate. |
Certificate. |
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Chap. LXXII.An Act to abolish the Recorders Court and the office of City Recorder in the City of Virginia.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Recorders Court now established in the City of Virginia, in the County of Storey, together with the office of City Recorder, in said city, are hereby abolished. Sec. 2. The Justices of the Peace within the City of Virginia shall have jurisdiction of all violations of city ordinances, and may hold to bail, fine or commit to prison any offender, in accordance with the provisions of such ordinances. Sec. 3. All fines, forfeitures and penalties coming into the hands of either of the Justices of the Peace in said city, in cases arising under any city ordinances, shall be by him paid into the City Treasury, under oath, on the first Monday of each month; provided, that the costs and fees allowed by law to such Justices and other officers shall be deducted from said fines, forfeitures and penalties, before making such payment. Sec. 4. All prosecutions for the violation of any city ordinance shall be conducted by the City Attorney of said city; all other by the District Attorney of the County of Storey. Sec. 5. Section thirty-one of an Act entitled An Act to incorporate the City of Virginia, provide for the Government thereof, and repeal all other laws in relation thereto, approved March 4, 1865, and all other Acts in conflict or inconsistent with the provisions of this Act, are hereby repealed. Sec. 6. This Act shall be in force from and after the first Tuesday after the first Monday in May, in the year of our Lord one thousand eight hundred and sixty-nine. |
Recorders Court, etc., abolished.
Justices of the Peace to have jurisdiction.
Fines to be paid into the City Treasury.
City and District Attorneys to conduct Prosecutions. Acts repealed.
Act to take effect, when. |
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κ1869 Statutes of Nevada, Page 122κ
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Treasure City incorporated.
Boundaries.
Corporate powers, vested in Board, Trustees, etc.
Term of offices.
Persons not eligible to office.
Not allowed to vote.
General Election.
Laws applicable to election.
Trustees to appoint Judges. Certificates of election.
Statement of votes cast.
Canvass. |
Chap. LXXIII.An Act to incorporate Treasure City, in the County of Lander.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose hereinafter mentioned, the inhabitants of that portion of Lander County embraced within the limits hereinafter set forth in this section, shall be a body politic and corporate, by the name and style of the Inhabitants of Treasure City, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all courts. The boundaries of said incorporated city shall be as follows, viz: Beginning at the Flag-Staff in Treasure City, and running thence due east one-half mile; thence north one mile; thence west two miles; thence south three miles; thence east two miles; thence north two miles, to place of beginning. Sec. 2. The corporate powers of said city shall be vested in a Board of Trustees, to consist of five members, who shall be resident householders of said city. In addition to said Trustees, there shall be a Treasurer, Assessor and Marshal elected by the qualified voters of said city. Sec. 3. The said officers shall hold their offices for the term of one year, and until their successors are elected and qualified, except as hereinafter provided. Sec. 4. No person shall be eligible to the office of Trustee, Treasurer, Assessor, or Marshal, who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of the said Treasure City for three months next preceding the election. Sec. 5. No person shall be allowed to vote at any election for said officers who shall not be a qualified voter of the State of Nevada, and shall not have actually resided at Treasure City for three months next preceding the election. Sec. 6. The general election shall be held on the [first] Monday of June of each year. Sec. 7. All the provisions of law now in force, and of all laws which may be hereafter enacted, regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees of Treasure City shall, for each election, at least three days prior to the same, appoint three Judges, and shall designate the place for opening the polls. Within two days after each election the Judges and Clerks of the same shall make out, sign and deliver to such of the Trustees receiving the highest number of votes, certificates of their elections to such office. Immediately after the votes are counted the said Judges and Clerks shall make out a statement of the number of votes cast for the offices of Trustees, Treasurer, Assessor and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said Judges; and they shall cause the same, together with the poll list, and votes, duly sealed up, to be delivered to the Board of Trustees of said city, within two days after said election. Within two days after the receipt of the same the said Board of Trustees shall proceed to ascertain from said statement what persons have received the highest number of votes for the offices of Treasurer, |
κ1869 Statutes of Nevada, Page 123 (CHAPTER 73)κ
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of Trustees shall proceed to ascertain from said statement what persons have received the highest number of votes for the offices of Treasurer, Assessor and Marshal, and a certificate of election shall be issued by the Clerk, under the direction of said Trustees, to the person receiving the highest number of votes for each of said offices respectively. The Clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Trustees, Treasurer, Assessor and Marshal, chosen at any election, shall be qualified and enter upon the discharge of their duties within one week after being notified of their election, and in case any Trustee, Treasurer, Assessor or Marshal shall fail to qualify within said time, his office shall be deemed vacant. All officers before entering upon their official duties shall take the official oath prescribed by law. Sec. 9. The Board of Trustees so elected shall at their first meeting, or as soon thereafter as may be, elect one of their number as President, who shall preside at all meetings when present, and discharge such other duties as may be prescribed by the Board of Trustees. Sec. 10. When a vacancy shall occur in the office of Trustee, Treasurer, Assessor or Marshal, the Board of Trustees shall appoint some person to fill such vacancy, and such person so appointed shall hold his office for the residue of the term of his predecessor. Sec. 11. The Board of Trustees shall have regular meetings at least once each week, and such other meetings as by adjournment or resolution they may direct, and the President shall have power to call special meetings whenever he deems the same necessary. Sec. 12. A majority of the Board of Trustees shall constitute a quorum to transact business. Sec. 13. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their own members. All their meetings shall be public, except when the Board shall deem that the interests of the city require secrecy. A journal of all proceedings of the Board shall be accurately kept by the Clerk, and the yeas and nays shall be taken and entered upon the journal upon the passage of any question at the request of any member. Sec. 14. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada. Second-To levy and collect taxes upon all property within the city, both real and personal, made taxable by the laws of the State of Nevada for State and County purposes, which are now in force, or which may hereafter be enacted, except the proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and one half per cent. per annum upon the assessed value of all property. Third-To lay out, extend, open, alter and repair the streets and alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the construction, repairs and preservation of sidewalks, bridges, draining and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and in creation of sidewalks, and making other improvements; to compel the owners of lots and property to bear the expense of erecting sidewalks, or creating improvements in front of the same by special tax or otherwise. Fourth-To provide for the prevention and extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth-To regulate the storage and sale of gunpowder, and all other explosive and combustible material. |
Sealed packages.
Officers to qualify and enter upon duties.
President of Board.
Vacancies, how filled.
Meetings of Board.
Quorum.
Rules, etc.
Meetings, public and secret.
To keep Journal. General powers of Board.
Taxes.
Streets, etc.
Fires. |
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Gunpowder. Nuisances. Offices and officers.
City Police.
Licenses.
Same.
Same.
Public buildings. Board of health. Riots, etc.
Gunpowder etc.
Wards, etc. Breach of ordinances.
Salaries. |
storage and sale of gunpowder, and all other explosive and combustible material. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To elect a Clerk, and create and fill the additional offices of City Attorney and City Recorder, and such other offices as they may deem necessary for the public interest, whenever in the opinion of a majority of said Board the exigencies of the times require such offices; and to provide for the election of all officers that may be appointed under this provision. All officers appointed by the Board shall hold their respective offices until the General municipal election, and until their successors are elected and qualified, unless they shall be sooner removed for misconduct in office, neglect of duty, or other cause, or said office be abolished. Eighth-To create and established a City Police, and prescribe their duties and fix their compensation, and provide for the regulation and government of the same. Ninth-To fix and collect a license tax on, and regulate all theaters and theatrical performances, shows, circuses and billiard tables, bowling alleys, and all exhibitions and public amusements; to fix and collect a license tax on, and regulate all hotels, restaurants, lodging-houses, chop-houses, saloons, bar-rooms, bankers, brokers, gold dust and bullion buyers, manufacturers, livery stables, express companies, and persons engaged in the business of transmitting letters or packages; to fix and collect a license tax on, and regulate auctioneers, stock-brokers, drays, job wagons and stage companies, or owners whose place of business is in said city, or who shall have an agency therein; to license, tax and regulate or prohibit, and suppress all tippling houses, dram shops, raffles, hawkers, peddlers, pawn-brokers, all hurdy-gurdy houses and public dance houses; to fix and collect a license tax upon all professions, trades or business, not hereinbefore specified, having due regard to the amount of business done by each person or firm thus licensed. Tenth-To provide for the issuance of all licenses above named, in such sums and on such terms as they may deem best. Eleventh-To levy and collect an annual tax upon all dogs within the limits of said city, and provide for the extermination of all dogs for which such tax shall not have been paid. Twelfth-To provide for all necessary public buildings for the use of said city. Thirteenth-To establish a Board of Health, to prevent the introduction and spread of disease, and provide for the indigent. Fourteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within said city, to close all places of business and public amusements on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. Fifteenth-To provide for, and regulate, or prevent the using of gunpowder or other explosive or combustible material, the use of which would be likely to endanger the lives or property of the inhabitants; to make ordinances for the preservation of the peace, quiet and safety of the inhabitants of said city. Sixteenth-To divide the city into two or more wards, define the boundaries thereof, and provide for elections therein. Seventeenth-To fix and prescribe the punishment for the breach of any city ordinance or resolution; but no fine shall be imposed for any one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Eighteenth-To determine the duties, fix and establish the fees, salaries and compensation of all officers of said city; provided, that no member of the Board of Trustees shall receive, or be entitled to receive for his services, any sum whatever. Nineteenth-To compel the attendance of absent members; |
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absent members; to punish members for their disorderly conduct, and to expel members for cause, by a vote of four-fifths of its members elected; and also to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Twentieth-To make all necessary contracts and agreements for the benefit of the city, to contract debts on the faith of the city; but no debt shall be contracted or liability incurred, which shall exceed in the aggregate the sum of twenty-five thousand dollars; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties and forfeitures for the breach of any city ordinance. Twenty-first-All taxes and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. Twenty-second-All ordinances made by said Trustees shall be signed by the President and Clerk of said Board upon its journal of proceedings, where the same shall be written in full, and all scrip and bonds issued, contacts and agreements made, shall be signed by the President and countersigned by the Clerk of said Board. Twenty-third-The Board of Trustees shall have power to condemn and appropriate to the public use, or the use of the inhabitants of said city, all real and personal property within the limits of said city, and all claims and asserted rights or title of any person whomsoever to such property, when they deem the same necessary, for the opening of streets or alleys, or for other public purpose. Such property shall be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as final and binding, and upon the tender in gold coin of the sum named by said appraisers for such property, to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said city, and the Board of Trustees may cause at once to be removed from such property all persons and obstructions by order, through the Marshal of said city, and take full and immediate possession of the same, and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of said property shall refuse or neglect to appoint said referee when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Referees in condemnation of property, or any claim, right or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate city of the legality of such asserted claim, right or title; and in the condemnation of property, as in this section provided, said referees shall consider if the proposed improvement for which said property is so condemned shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such proposed improvements to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; and whenever the said corporate body shall have become, in any manner, possessed of any real estate, upon which any improvements shall have been made for the benefit of said city or corporate body, no judgment in ejectment shall be rendered against said city or corporate body, but only judgment for damages, in the value of said property, claim, right or title, at the time of taking possession of the same, may be rendered. |
Attendance of members, etc.
Contracts, etc.
Gold coin. Ordinances.
Proceedings when property is condemned to public use.
Referees.
When Board to constitute Board of Appraisers.
To estimate value of improvement to claimant. |
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Ejectment.
Accountability of officers.
Statement of receipts and disbursements.
Sale of property for taxes.
Tax deeds.
Duties of Treasurer.
Duties of Marshal. |
ejectment shall be rendered against said city or corporate body, but only judgment for damages, in the value of said property, claim, right or title, at the time of taking possession of the same, may be rendered. Sec. 15. It shall be the duty of the Board of Trustees to provide for the accountability of all officers and other persons elected or appointed under this Act, to whom the receipt or expenditure of any of the funds of said city shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties, and in case of neglect or refusal on the part of any of such officers to furnish such security within three days after notice of such requirement, the Trustees shall declare [such] office vacant. The amount of such security may at any time be diminished or increased, when deemed expedient by said Board. Sec. 16. It shall be the duty of the Board of Trustees to make out and publish in one or more newspapers published in said city, at least once in three months, to wit: In January, April, July and October, of each year, a full and detailed statement of the receipts and disbursements, from what sources received, and for what purposes paid out of the city during the three months next preceding such report. Sec. 17. Real and personal property may be sold by the City Marshal for taxes or assessments due said city. The manner of assessing and collecting taxes, and the proceedings for the sale of property in case of non-payment of taxes shall be as prescribed by ordinance, and title upon sale of real property shall vest in the purchaser, as provided by the Revenue Laws of this State. No property, whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but all such sales shall be absolute. The Marshal shall, upon the sale of such real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all courts of this State as prima facie evidence that the grantee or grantees named in said deed, or his or their successors in interest, have a good and legal title to the premises described therein; and possession of such property may be obtained in form and manner as provided by law where the relation of landlord and tenant exists. Sec. 18. It shall be the duty of the Treasurer to receive all moneys belonging to the city, and to disburse the same, on proper warrants or orders of said Trustees. He shall keep an accurate and full account of all receipts and expenditures, and the amount of cash on hand, and in what fund, in such manner as the Board of Trustees may direct, and he shall at all times keep his books and accounts open for the inspection of the Trustees, and shall furnish them, whenever required, a full statement of such receipts and expenditures. All warrants and orders drawn on the treasury shall have specified therein the services or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. Said Treasurer shall perform such other acts and duties as may be prescribed by ordinance or resolution of said Board. Sec. 19. It shall be the duty of the Marshal to enforce the due observance of the ordinances made by the Board of Trustees; to collect the taxes levied by said Board; to act ex-officio as Chief of Police, and perform such other duties as shall be prescribed by said Trustees. It shall be his duty to collect all licenses due the city, and all other moneys or revenue due or to become due, and to pay the same over to the Treasurer. The time and manner of such collecting shall be as prescribed by an ordinance of the Board of Trustees. |
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Sec. 20. It shall be the duty of the Assessor to make out and return to the Board of Trustees a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list and retuning the same shall be prescribed by ordinance. Sec. 21. It shall be the duty of the Clerk to keep the corporate seal, papers, books and documents belonging to the city; to file the papers and documents in his office under appropriate heads; to attend the sittings of the Board of Trustees, and keep a journal of their proceedings and a record of all the by-laws and ordinances; to countersign all warrants and licenses issued in pursuance of the orders and ordinances of the Trustees; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads, of all warrants and orders drawn on the Treasury; also, to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of the issue, and the amount; and he shall also do and perform such other duties as may be required or directed by any ordinance or resolution of the Board of Trustees. Sec. 22. Any resolution or ordinance providing for the appropriation, for any object or purpose, of the sum of three hundred dollars or more, shall lay over, and be printed in some newspaper in the city for one week before final action shall be taken thereon. Sec. 23. The style of the ordinances shall be, The Board of Trustees of Treasure City do ordain. All ordinances shall be published in one or more newspapers published in said city, within one week after their passage, and shall be so published for a period of at least two weeks. Sec. 24. Civil actions may be brought in the name of the Inhabitants of Treasure City, in any court of competent jurisdiction within the said County of Lander, and actions for the breach of any ordinance or law of the said city may be brought before any Justice of the Peace within the corporate limits of said city. Fines imposed by such Justice of the Peace may be recovered by execution against the property of defendant, or the payment thereof may be enforced by imprisonment in the City or County Jail, at the rate of one day for every two dollars of such fine and costs; or said Justice, to enforce such payment, may in his discretion adjudge that such offender work upon the public highways, or other public works of the city, at the rate of one day for every two dollars of such fine and costs, until the same be so exhausted or otherwise paid. No fine shall be imposed exceeding five hundred dollars, and no imprisonment at one time shall exceed the term of six months. Appeals from the judgment of such Justice of the Peace for the violation of ordinances may be had to the District Court of the county, within ten days after such judgment is rendered. Such appeal shall be taken in the manner provided by law of the State of Nevada for appeals from Justices Courts in criminal cases. Sec. 25. If any officer of said city shall remove his residence therefrom, or shall absent himself for more than thirty days, without leave of absence from the Board of Trustees, his office shall be declared vacant. Sec. 26. Frank Drake, J. S. Crosman, C. F. Meyer, W. H. Dolman, and J. Marchant, are hereby appointed Trustees of Treasure City, under this Act, with full power to appoint the other officers, to serve until the general election to be held on the first Monday of June, a. d. 1869, and until their successors are elected and qualified. Sec. 27. This Act shall take effect and be in force from and after its passage. |
Duties of Assessor.
Duties of Clerk.
Resolutions making appropriations to lay over.
Style of ordinances.
Actions, how brought.
Fines, how recovered, etc.
Appeals.
Office, when declared vacant.
Appointment of officers. |
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Dividing line defined. |
Chap. LXXIV.An Act to establish and define the dividing line between the Counties of Churchill and Lander.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The east line of the County of Churchill, and the west line of the County of Lander, being the dividing line between said counties, shall be established and defined in this Act, to wit: Commencing at a point where a line drawn due north and south through the Mount Airy Station would strike the south line of the County of Humboldt, if extended; thence, in a southern-westerly direction, to the dividing ridge or center of Cones Pass-a pass so called-in a range of mountains extending south of and including New Pass Station, called the New Pass Mountains; thence, in a southerly course, along the center of said range of mountains, to a point on the north line of Esmeralda County, immediately north of the town of Ellsworth; said line to be so fixed and established along and over the course before mentioned, as to place on the easterly [westerly] side thereof, and which shall be included in the County of Churchill, all lands which shed or flow their waters into or towards the Edwards Creek Valley, and on the easterly side thereof, and which shall be included in the County of Lander, all lands which shed or flow their waters into or towards the Smith or Smiths Creek Valley, or the Reese River Valley. |
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Boundary line defined.
Acts repealed. |
Chap. LXXV.An Act to define and establish the boundary line between the County of Nye and the Counties of Churchill and Esmeralda.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The boundary line between the County of Nye and the Counties of Churchill and Esmeralda shall be as follows: Beginning at the intersection of the meridian of longitude forty and fifteen (40⁰ 15) west from Washington, with the eastern boundary line of California; thence, northerly, along said meridian of longitude to its intersection with the thirty-eighth (38) parallel of north latitude; thence, northwesterly, to the Hot Springs, on the Wellington and Reese River road; thence, northerly, to the thirty-ninth (39) parallel of north latitude; thence, easterly, to ODonnells Pass, on the Ione and West Gate Road; and, from thence, the said boundary line shall remain as heretofore established by law. Sec. 2. This Act shall take effect and be in force from and after its passage. Sec. 3. All Acts and parts of Acts, in conflict with the foregoing Act, are hereby repealed. |
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Chap. LXXVI.An Act to amend an Act entitled An Act to grant the right to construct a Toll Road from Virginia City to Truckee Meadows, and Steamboat Valley, in Storey and Washoe Counties, approved November 29, 1861.
[Approved March 5, 1869.]
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. Said parties shall be entitled to collect on said roads the following rates of toll: For each wagon or vehicle of any kind, forty cents; for each draft animal, fifteen cents; for each saddle animal, twenty-five cents; for each pack animal, ten cents; for each loose animal, ten cents. And the said parties shall have a lien upon all stock traveling over said road, for the toll chargeable against it. And said stock may be detained until the toll is paid, and the County Commissioners may open the gates on said road if it is not kept in passable condition; and the parties owning said road are hereby required to pay two per cent. of the net proceeds of the tolls on said road into the County Treasury for the use of the State School Fund. |
Rates of toll
Lien.
Two per cent. of tolls to be paid into County Treasury. |
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Chap. LXXVII.An Act to amend an Act entitled An Act to allow any person or persons to divert the waters of any River or Stream, and run the same through any Ditch or Flume, and to provide for the Right of Way through the Lands of others, approved March 3, 1866.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is amended so as to read as follows: Section Two. Any person or persons proposing to construct a ditch or flume, under the provisions of this Act, shall have the right to enter upon private lands for the purpose of examining and surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor as follows: Said person or persons shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser as hereinbefore provided, then it shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, |
Right conferred to enter upon and appropriate private lands.
Compensation, how made. |
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Duty of appraisers.
Tender to be made.
Proviso. Appeal. |
shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, and the two so selected shall select a third, and in either case the three selected shall within five days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and provided further, that an appeal may be taken by either party from the findings of the appraisers to the District Court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraisement. |
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Required to file certain documents with Controller.
Documents to be filed.
Power of Attorney.
Copy of power of Attorney. |
Chap. LXXVIII.An Act to tax and regulate Foreign Insurance Companies doing business in this State.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the first day of April, one thousand eight hundred and sixty-nine, it shall not be lawful for any person or firm, officer, or agent, to collect premiums of insurance in the State, in any manner, or in any capacity whatsoever, on either fire, life or inland risks, for or on account of any company, association or individual insurers, not incorporated under the laws of this State, unless such persons or firm, officer or agent, shall have first filed with the Controller of the State the following described documents: First-A good and sufficient power of attorney duly executed and delivered by said company or association to some person who shall be a citizen of the United States, and a citizen and resident of the State of Nevada; which power, so long as such company shall have outstanding policies of insurance in this State, shall be irrevocable, except by substitution of other person or persons qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and process requisite and necessary to the complete acquisition of jurisdiction of such company by any of the courts of this State, or United States courts therein, and constituting such attorney or attorneys the authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made on all actions or special proceedings instituted by or against any such company, in any of the courts in this State, and which shall be necessary to the acquisition or complete exercise of the jurisdiction aforesaid, by said courts. Second-A certified copy of the power of attorney, certificate of agency, open policy, commission, or other authority or agreement under which said person, firm, officer or agent shall claim to be authorized to collect premiums of insurance in this State. |
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agent shall claim to be authorized to collect premiums of insurance in this State. Third-A good and sufficient bond to be signed by the person or firm, officer or agent, so authorized by the power of attorney or authority as aforesaid, as principal, with two good and sufficient sureties to be approved by the Controller, in the penal sum of two thousand dollars for each fire insurance company, or one thousand dollars for each life insurance company, or three thousand dollars for each inland insurance company, association, firm or individual not incorporated under the laws of this State, for whose account it is proposed to collect premiums of insurance in this State; the conditions of such bonds to be as follows, viz: First-That the person or firm, agent or officer named therein acting on behalf of the company, association, firm or individual named therein will pay to the Treasurer of the County or City and County in which the principal office of the agency shall be located, such sum per quarter for such license or licenses as are or may be imposed by law, so long as the agency shall remain in the hands of the person or firm, officer of agent named as principal in the bond. Second-That the person or firm, officer or agent so specified as above, will pay or cause to be paid to the State all stamp duties on the gross amounts insured by them in such manner and at such times as may be prescribed by law, inclusive of renewals on existing policies. Third-That within thirty days after the first of June, 1869, and within thirty days after the first day of June in each succeeding year, the agent or officer named in the bond shall render to the Treasurer of the County in which the principal office of the agency shall be located, a statement sworn to by him, and exhibiting the gross amounts of premiums collected by the agency, inclusive of all amounts collected by sub-agents throughout the State, for each company or association, firm or individual insurer represented by him or them respectively, from which shall be deducted the gross amounts of return premiums, which statement shall exhibit the amounts so collected during the year terminating on the first day of June in each year respectively, and that of [on] filing the statements, as herein required, the agent or agents or officer named in the bond, shall pay to the Treasurer of the County, or City and County aforesaid, a tax of two (2) per cent. on the amount of gross premiums, after deducting return premiums as set forth in his statement, and collected from fire and inland risks, and a tax of one (1) per cent. on the amount of premiums collected from life risks. And for the purposes of this Act all premiums shall be deemed to have been collected which have been entered upon the books of the agency. Sec. 2. For the purposes of this Act, all persons, firms, and officers of companies or associations not incorporated under the laws of this State, and engaged in collecting premiums of insurance, directly or indirectly, on fire, life, or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act, and all express companies, not so incorporated as aforesaid, engaged in the carriage of treasure or merchandise from and within the State, and insuring the same, whether themselves assuming the risks, or whether the risks be re-insured by companies or associations not chartered by this State, shall be deemed to be foreign insurers, within the meaning of this Act, and shall be required to file with the Controller a separate bond for each express company, taking risks as aforesaid, and for each foreign company or association re-insuring them on such risks. Sec. 3. Every person or firm who shall effect, agree to effect, or procure any insurance for citizens of this State, |
Bond.
Conditions of bond.
Same.
Same statement.
Same statement to exhibit.
Same.
Who deemed agents.
When Express Companies deemed foreign insurers.
Separate bond. |
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Penalty for procuring insurance without filing bond.
Copy of bond to be filed with County Treasurer.
When separate bond to be filed.
False statement, etc.
Penalties.
Agent required to procure certificate of Controller before acting.
Policies, etc., void.
Acts repealed. |
procure any insurance for citizens of this State, from or on account of any insurers or insurance companies whatever, not incorporated under the laws of this State, after the first day of April, eighteen hundred and sixty-nine, without first having executed and filed the bond required in Section one of this Act, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined in the sum of two thousand dollars, for each company or association on whose account such insurance shall have been effected, one half of said fine to be for the use of the State, and one half for the benefit of the informer. But nothing herein contained shall apply to sub-agents or employes of any principal agent who shall have complied with the requirements of this Act. Sec. 4. A copy of the bond herein required to be filed with the Controller, certified by that officer, shall be filed with the Treasurer of the county where the principal office of the agency shall be located, and shall remain on file in the office of the County Treasurer until he is notified in writing by the Controller of the termination of the agency and cancellation of the bond. Sec. 5. Whenever the same person, firm, officer or agent shall desire to collect premiums of insurance for more than one company, association or individual, not incorporated under the laws of this State, the Controller shall require a separate bond as provided in Section one, for each company or association represented by such person, firm, officer or agent. Sec. 6. If any agent or officer of a foreign insurance company, as defined in Section two of this Act, shall make any false statement, concealment or misrepresentation required by Section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of perjury, and shall be liable on conviction thereof, to the pains and penalties as prescribed by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the People of this State, by the Prosecuting Attorney of the county where the offense shall be committed. Sec. 7. It shall not be lawful for any person to act within this State as agent or otherwise in receiving or procuring applications for insurance in, or in any manner aid in transacting the insurance business of any company or association not incorporated under the laws of this State, until he has procured a certificate from the Controller that the company for which he acts has complied with all the provisions of this Act, and for every such certificate so obtained, the sum of five dollars shall be paid to the Controller, and all policies issued or insurance taken before the issuance of such certificate shall be null and void for all purposes whatever. The sum so collected shall be paid by said Controller into the State Treasury for the use of the State School Fund. Sec. 8. All Acts, and parts of Acts, in relation to insurance companies, inconsistent with the provisions of this Act, are hereby repealed. |
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Chap. LXXIX.An Act supplementary to and amendatory of an Act entitled An Act to re-district the State of Nevada, approved February 27, 1869.
[Approved March 5, 1869.]
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. From and after the first Monday of January, a.d. one thousand eight hundred and seventy-one, the State shall be divided into Judicial Districts as follows: The County of Storey shall constitute the first Judicial District; the Counties of Ormsby, Douglas, Washoe and Roop, which latter shall be attached to Washoe for judicial purposes, shall constitute the Second Judicial District; the Counties of Lyon and Esmeralda the Third Judicial District; the County of Humboldt the Fourth Judicial District; the Counties of Nye and Churchill the Fifth Judicial District; the County of Lander the Sixth Judicial District; the County of Lincoln the Seventh Judicial District; the County of White Pine the Eighth Judicial District, and the County of Elko the Ninth Judicial District, for each of which Districts, Judges shall be elected by the qualified electors thereof at the general election in the year eighteen hundred and seventy. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. The term of Court shall commence in said Districts as follows: In the First District on the first Monday in January, March, June and October. In the Second District, in the County of Washoe, on the first Monday in January, June and October; in the County of Ormsby on the first Monday in March, August and November; in the County of Douglas on the first Monday in May and December. In the Third District, in the County of Lyon on the first Monday in February, June and October; and in Esmeralda on the third Monday of March, July and November. In the Fourth District on the first Monday of March, July and November. In the Fifth District, in the County of Nye on the first Monday of Jannary, April and Angust; and in Churchill County on the first Monday of March, June and November. In the Sixth District on the first Monday of January, April, July and October. In the Seventh District on the first Monday of March, August and December. In the Eighth District on the third Monday of March, June, September and December. In the Ninth District on the third Monday of February, May, August and November. The provisions of this section in regard to terms of Court shall go into effect on the first Monday of January a.d. eighteen hundred and seventy-one; provided, that as to the Eighth District it shall take effect immediately upon the happening of the contingency by which the provision creating the district shall take effect as provided in section two; and provided further, that while the Sixth District shall continue to embrace the Counties of White Pine and Lander, the terms of Court therein shall commence as follows: In Lander County on the first Monday of January and August; in the County of White Pine on the first Monday of April and October. |
Judicial Districts.
First. Second. Third. Fourth. Fifth. Sixth. Seventh. Eighth. Ninth.
Terms of Court.
Proviso. |
κ1869 Statutes of Nevada, Page 134 (CHAPTER 79)κ
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Not to affect provisions of Act creating County of Elko. |
Sec. 3. None of the provisions of this Act, nor of the Act to which this is amendatory and supplementary, shall, prior to the first day of January, a.d. 1871, affect any of the provisions of the Act entitled An Act to create the County of Elko, and to provide for the organization thereof. |
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Board of Regents, Election of.
Vacancies, how filled.
Term.
Organization of Board.
Election may be fixed by resolution.
Regents to manage the affairs and fund of the University.
Oath of office.
Meetings of the Board.
Not to be interested in contract.
Misdemeanor. |
Chap. LXXX.An Act to provide for the election of the Board of Regents, to fix their term of office, and prescribe their duties.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents shall consist of three qualified electors of this State. They shall be elected by the Legislature in joint convention on the third Tuesday of the session, and shall hold their office for a term of four years, and until their successors are elected and qualified; provided, all vacancies occurring between sessions shall be filled by appointment of the Governor, and the person so appointed shall hold his office until the next session of the Legislature, when the vacancy shall be filled by election. The person so appointed or elected to fill a vacancy shall only fill the unexpired term of the person whose office was made vacant. Sec. 2. They shall organize by electing one of their number president, and shall elect a secretary, who may or may not be a member of the Board. All its proceedings shall be attested by the signatures of the president and secretary. If for any cause the election be not held on the day prescribed in this Act, the same may be held on any other day fixed by concurrent resolution. Sec. 3. The Board of Regents elected under the provisions of this Act shall manage and control all funds accruing or belonging to The State University Fund, and also the affairs of the State University, whenever the erection thereof shall have been authorized by law. They shall also perform such other duties as may be prescribed by law. Before entering upon their duties they shall take and subscribe the official oath, and file the same in the office of the Secretary of State. They shall hold stated meetings at least once in three months, in such place as may be provided for their use by the Secretary of State. They shall receive no compensation for their services; but their actual expenses incurred in the performance of their duties, duly certified by them, shall be examined, and, so far as found correct, allowed to them by the Board of Examiners. Sec. 4. No member of said Board shall be interested directly or indirectly as principal, copartner, agent, or otherwise, in any contract or expenditure created by the Board, or in the profits or results thereof. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five thousand dollars, to which may be added imprisonment in the county jail for a period not exceeding six months. |
κ1869 Statutes of Nevada, Page 135 (CHAPTER 80)κ
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Sec. 5. The Board of Regents to be elected under the provisions of this Act, is hereby made, so soon as organized, the successors of the present acting Board of Regents, All books, papers, documents and property now under the control of, or in the possession of the present Board, shall be duly transferred and placed in the possession, care and keeping of the Board, when elected and organized as provided herein. |
Board when organized to succeed present Board. |
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Chap. LXXXI.An Act supplementary to an Act entitled An Act relating to Elections, the manner of conducting and contesting the same, election returns and canvassing the same, fraud upon the ballot box, destroying or attempting to destroy the ballot box, illegal or attempted illegal voting, and misconduct at elections, approved March 9, 1866.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person or persons shall sell, give away or furnish or cause to be sold, given away or furnished, either for, or without pay, within this State, on any day upon which any general election is held, nor within the limits of any county or city, on any day upon which any special or municipal election is held therein, any spirituous, malt or fermented liquors or wines, and any one so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than one hundred, nor more than one thousand dollars, or by imprisonment in the County Jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the Court; and it shall be the duty of the Judges of the District Courts of the several judicial districts in this State, to specially give this Act in charge to every Grand Jury impanneled in their respective districts. |
Sale, etc., o liquors on any election day.
Penalties. |
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Chap. LXXXII.An Act to amend an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act for the en couragement of Mining, approved February 20, 1864.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act is hereby amended, so as to read as follows: Section Five. This Act shall apply to all corporations or associations actually engaged in mining in this State, whether formed under the laws of any other State, county, [country] or Territory, or having their principal place of business out of this State, or whose trustees, managing agents or directors, or a majority thereof, reside out of this State. |
Application of Act. |
κ1869 Statutes of Nevada, Page 136 (CHAPTER 82)κ
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the laws of any other State, county, [country] or Territory, or having their principal place of business out of this State, or whose trustees, managing agents or directors, or a majority thereof, reside out of this State. Sec. 2. This Act shall take effect from and after its passage. |
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Appropriation for Survey.
Proviso.
Expenses.
Proviso. |
Chap. LXXXIII.An Act to provide for the Survey of the Eastern Boundary Line of the State of Nevada.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four thousand dollars is hereby appropriated, in gold coin, to be used under the direction of the Surveyor-General of the United States, in and for the State of Nevada, for the purpose of surveying and establishing the eastern boundary line of this State; provided, that no money shall be expended by the State until all the appropriations made by Congress for establishing said boundary line, shall be exhausted. Sec. 2. All expenses incurred under the provisions of this Act, shall be presented to the Board of Examiners for allowance, as other claims for which appropriations are made by law; provided, the survey provided for in this Act shall be completed, and a report thereof filed with the Secretary of State, on or before the first day of December, a.d. 1869. Sec. 3. This Act shall take effect and be in force, from and after the first day of May, a.d. 1869. |
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Court, how adjourned in absence of Judge. |
Chap. LXXXIV.An Act to amend an Act entitled An Act concerning the Courts of Justice of this State, and Judicial officers, approved January 26, 1865.
[Approved March 5, 1869.]
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. If no Judge attend on the day appointed to hold the Court before noon, the Sheriff or Clerk shall adjourn the Court until the next day, at ten oclock, and if no Judge attend on that day before noon, |
κ1869 Statutes of Nevada, Page 137 (CHAPTER 84)κ
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day before noon, the Sheriff or Clerk shall adjourn the Court until the following day, and so on from day to day for one week; if no Judge attend for one week, the Sheriff or Clerk shall adjourn the Court for the term; provided, before the expiration of one week, the Judge shall order by letter or telegram to adjourn the Court to any day within the term, the Sheriff or Clerk shall adjourn the Court to the day so ordered. |
Proviso. |
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Chap. LXXXV.An Act authorizing the transfer of certain records and suits from the county seat of Lander County to the county seat of White Pine County.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Recorder of Lander County, in this State, shall, on or before the first day of June, a.d. eighteen hundred and sixty-nine, deliver to the County Recorder of White Pine County, certified copies of all the records, as provided in an Act entitled An Act to create the county of White Pine, and provide for its organization, which now are, or may be, in the Recorders office in said Lander county, before the first day of April, a.d. eighteen hundred and sixty-nine, appertaining or in any way belonging to, or concerning White Pine County, or the jurisdiction thereof; and the County Recorder of White Pine County shall file and properly index said records. Sec. 2. All suits now pending in the District Court of the Sixth Judicial District, which in any way appertain to property, real, personal or mixed, belonging or being in White Pine County, and all actions for the recovery of any debt, claim or demand whatsoever between citizens of White Pine County, shall (if then undetermined) at least ten days before the first day of the first term of the District Court of the Eighth Judicial District, be by the County Clerk of Lander County transferred, duly and legally certified, to the County Clerk of White Pine County, and all suits so transferred shall be by the County Clerk of said White Pine County filed in his office, and entered in the calendar of the aforesaid first term of said District Court; provided, where both the plaintiff and defendant to any suit shall file a written statement with the County Clerk of Lander County, requesting that the suit to which they are parties may be determined in said Sixth Judicial District, then, and not otherwise, said suit or suits shall not be transferred as herein provided. |
Certified copies of records to be delivered
Suits and actions to be transferred.
Suits to be filed.
Proviso. |
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κ1869 Statutes of Nevada, Page 138κ
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Compensation of jurors. |
Chap. LXXXVI.An Act concerning compensation of Jurors.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each juror summoned in this State, whether petit or grand juror, unless he be excused by the Court from serving on the day that he is summoned to attend Court, shall receive three dollars per day for each and every day he may be in attendance on Court; provided, he shall reside more than five miles from the place where the Court is held, and twenty cents per mile in traveling to and returning from Court, all of which shall be paid out of the County Treasury. The Board of County Commissioners shall audit and allow the compensation provided in this Act, upon the certificate of the Clerk of the Court showing the amount due. |
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Auditor directed to draw warrant. |
Chap. LXXXVII.An Act for the relief of J. M. Woodworth.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Auditor of Humboldt County is hereby authorized and directed to draw a warrant on the Redemption Fund of said Humboldt County for one thousand dollars in favor of J. M. Woodworth, late Sheriff of Humboldt County, for his services and expenses in arresting and conveying one Thomas McLaughlin, from Lassen County, California, to Unionville, Humboldt County, Nevada, in the year one thousand eight hundred and sixty-seven, he the said Thomas McLaughlin being a refugee from justice. |
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Issuance of bonds authorized |
Chap. LXXXVIII.An Act to authorize the County Commissioners of Washoe County to issue Bonds in aid of the construction of a Railroad from Carson City to the Central Pacific Railroad.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a majority of the qualified electors of Washoe County, representing more than one half the taxable property of said county, as shown by the last assessment roll, shall, under the direction of the Board of County Commissioners of said county, |
κ1869 Statutes of Nevada, Page 139 (CHAPTER 88)κ
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direction of the Board of County Commissioners of said county, at any election by their vote authorize the issuance of the bonds of said county, the said Board is hereby authorized and directed to issue the bonds of said county in any sum that may be designated by the electors thereof, and deliver the same to the President and Secretary of the Virginia and Truckee Railroad Company, or to any other person, company or corporation that may hereafter undertake the construction of a railroad from the Virginia and Truckee Railroad at Carson City through Washoe County to any point on the Central Pacific Railroad. Sec. 2. Said Board of County Commissioners shall have power to provide for the time when such bonds shall be issued, when payable, to fix the rate of interest, and what guarantees such person, company or corporation shall furnish in consideration of the issuance and delivery of bonds as herein provided. Sec. 3. Should the electors of said county authorize the issuance of bonds as herein provided, the bonds so issued shall be in the form, and such provisions be made for their payment as is provided for the bonds of Storey County in the Act entitled An Act to authorize the County Commissioners of Storey County to issue to the Virginia and Truckee Railroad Company, bonds to the amount of three hundred thousand dollars, and to provide for the payment of the same, approved February 1, 1869, except so far as the said Board of County Commissioners may consider it for the best interest of Washoe County to vary the same. |
Power of Commissioners.
Form of bonds. |
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Chap. LXXXIX.An Act to amend an Act entitled An Act supplementary to an Act entitled An Act defining the duties of State Treasurer, approved February 2, 1866, approved March 1, 1869.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section Three. The State Treasurer shall securely keep all the public moneys of the State which may be at any time on hand in the State Treasury, in a fire and burglar proof vault and safe, and he shall not use said money, nor any part thereof, or allow any one else so to do except in payment of bonds or coupons, or warrants properly drawn upon him by the State Controller; provided, that until such secure fire and burglar proof vault and safe be provided by the State, it shall be lawful for the Treasurer to deposit funds belonging to the State, in the Bank of California, or that of Wells, Fargo & Co., or either of them, or such safe and vault as may be designated by the Board of Examiners. |
Treasurer required to keep public moneys in safe and vault. Not to use money, etc. Proviso. Proviso. |
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κ1869 Statutes of Nevada, Page 140κ
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Ex-Officio Registry Agents. Proviso.
Power to administer oaths.
Books, etc., to be furnished to Registry Agents. Form of official register.
Duty of Registry Agents. |
Chap. XC.An Act to provide for the registration of the names of electors, and to prevent fraud at elections.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Justices of the Peace of the several counties of the State, shall be ex-officio the Registry Agents of their respective townships; and, as such, their powers and duties shall be as hereinafter provided in this Act; provided, that in any township where, from any cause, there shall be no Justice of the Peace duly commissioned and qualified, or where an election district may be situated too distant from the office of the Justice of the Peace of said township, the Commissioners of the County in which said election district is located, may appoint some other competent person to perform the duties of Registry Agent, who shall be clothed with the same power and governed by the same restrictions as Justices of the Peace in the registration of the names of electors under the provisions of this Act. All Registry Agents shall have power to administer oaths or affirmations, and do such other acts as may be necessary to fully carry out the provisions of this Act. Sec. 2. The County Commissioners of the several counties shall provide for the Registry Agents, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this Act. They shall furnish to each Registry Agent a book, which shall be known as the Official Register, which shall be ruled in columns of suitable dimensions, to provide for the following entries, opposite the name of each elector, to wit: 1st-Number on the Register. Second-Date of registry. Third-Name of elector. Fourth-Age of elector. Fifth-Where born. Sixth-Number of ward, or name of electoral district. Seventh-Description of residence. Eighth-Certificate of naturalization exhibited. Sec. 3. It shall be the duty of the Registry Agents, at any time when called on to do so, between the hours of ten a. m. and six p. m., on all legal days, from and after the first day of July, and prior to the twenty-first day of October, prior to any general election, and for forty days prior to closing the Register (which shall close ten days prior to the day of election) for any special or municipal election provided for by law, to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence, (being otherwise qualified,) and right to vote at such ensuing election according to the provisions of law, under which such election may be held, in each election district within their respective townships; entering on the Official Register, under the proper heading, the number and date of registry, the name, (with the first or given name in full, if practicable;) the age and nativity of the elector, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides; such as will enable the officer or person desiring to serve notice of objection to vote, to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization, |
κ1869 Statutes of Nevada, Page 141 (CHAPTER 90)κ
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of or failure to exhibit his certificate of naturalization, shall be noted in the column provided for that purpose; which list, properly entered as in this section required, shall be known as the Official Register of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this Act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants at any time between the hours of seven and nine oclock p. m., in addition to the hours heretofore required in this section; and provided further, that if any person shall fail or refuse to give his residence, with the particularity required in this section, he shall not be registered. Sec. 4. The Registry Agents shall cause to be published in a newspaper published in their county, or if none be so published, then in the newspaper published nearest to their county seat, for twenty days before the expiration of the time provided for registration, prior to any general election, and for ten days before the expiration of the time provided by law for registration prior to any special or municipal election, a notice to the effect that the time for the registration of the names of the qualified electors in election districts number _____ of township number _____, prior to the _____ election, (specifying the election,) to be held on the _____ day of ______, a. d. 18______, for the county of _____, (or city of) _____, will expire at six oclock, p. m. on the _____ day of _____, a. d. 18_____. The publication of said notice shall continue until the expiration of the time provided for said registration; provided, that in remote or new and sparsely settled districts written notices posted at not less than five conspicuous places within said district, may be substituted for the publication in a newspaper. Sec. 5. In addition to the qualifications of an elector, which now are or hereafter may be prescribed by law, every person, applying to be registered, shall, before he shall be entitled to have his name registered, take and subscribe the following oath or affirmation, which shall be administered by the Registry Agent; provided, that no elector who has taken said oath at the time of his previous registration in this State shall be required to do so the second time, to wit:-I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States against all enemies, either domestic or foreign, and that I will bear true faith, allegiance and loyalty thereto, any ordinance, resolution or law of any State or Territory to the contrary, notwithstanding; and I do further swear that I am a citizen of the United States, and will have actually and not constructively resided in this State six months, and in this county thirty days (or in case of a municipal election, such length of time as may be required by the Act of Incorporation), next preceding the day of the next ensuing election. So help me God. (Or under the pains and penalties of perjury). Whenever an oath is required by the provisions of this Act, the elector shall swear according to the form of his religious faith or belief, and in such manner as may be considered most obligatory on his conscience. Sec. 6. When any person shall appear and demand to be registered whom the Registry Agent shall not know to be entitled to registry, under the qualifications required by law for the election then ensuing, the Registry Agent may question the applicant generally, either under oath or not, as to his qualifications as an elector, and if satisfied, shall enter his name in the Registry. But if the Registry Agent shall not be fully satisfied, or if the applicant be challenged by a qualified elector of the county, |
Same. Proviso.
Notice of expiration of time for registration to be published.
Proviso.
Qualification of elector.
Proviso.
Oath.
Duty of Registry Agent upon challenge, etc. |
κ1869 Statutes of Nevada, Page 142 (CHAPTER 90)κ
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Applicant may apply to District Court.
Resident.
Who deemed registered.
Naturalized Citizen. |
qualified elector of the county, stating distinctly the grounds of challenge, the Registry Agent shall require the applicant to answer truly, under oath or affirmation, the following questions, together with such other questions as said Registry Agent may consider necessary and proper, testing his qualifications as an elector for the ensuing election, to wit: First-Are you a citizen of the United States? Second-Are you now or will you be twenty-one years of age, prior to the day of the next ensuing election? Third-On the day of the next ensuing election, will you have actually and not constructively resided in this State six months, and in this county thirty days (or in this city _____ days, or _____ months, as provided by the Act of Incorporation) next preceding the day of said election? Fourth-Are you now a resident of the election district in which you propose to be registered? Fifth-Are you registered for this electoral year in any other election district, in the name you have now given, or in any other name? If any of the foregoing questions shall be answered in the negative, except the fifth, or that in the affirmative, the applicant shall not be registered; but if the applicant answer all the foregoing questions in the affirmative except the fifth, and that in the negative, and the Registry Agent shall still believe from the answers to such further questions as he may be led by circumstances to ask, that the applicant is not a qualified elector, he shall refuse to register the name of said applicant. But such applicant may then apply to the District Court of his district, or the Judge thereof, for a writ of mandamus to compel the proper registration of his name in such election district; and any elector may also apply to the District Court of his district, or the Judge thereof, for a writ of mandamus to compel the Registry Agent to erase from the registered list of electors the name of any person therein registered, whom the applicant may know, and be able to prove, is not a qualified elector; provided, that said Registry Agent shall have notice and opportunity to be heard before said Court, or Judge thereof, and show cause for his refusal. A resident within the meaning of this Act, shall be construed to mean a person who has resided or will have resided continuously within this State, for six months, and in the precinct, the time prescribed by law, next preceding the day of the next ensuing election. The electoral year shall commence on he first day of January and end on the thirty-first day of December of each year. Whenever in the same electoral year there shall be held in any township more than one election, general, special, or municipal, any person registered for any one of such elections, shall be deemed registered for all subsequent elections in the same year for which the residence qualification is included in or implied by the residence qualification of the previous election, and in all cases registration for a municipal election shall be deemed registered for any succeeding general election in the same year. The persons so deemed registered shall be subject in all cases or be excluded from the registry by reason of change of residence, or other causes, as provided elsewhere in this Act. Sec. 7. When a naturalization citizen shall apply for registration, his certificates of naturalization must be produced, and stamped or written in ink by the Registry Agent, with his name and the year and county where presented; but if it shall satisfactorily appear to the Registry Agent, by the oath or affirmation of the applicant, (and the oath or affirmation of one or more credible citizens, as to the credibility of such applicant, when deemed necessary) that such certificate of naturalization is lost or destroyed or beyond the reach of the applicant for the time being, said Registry Agent shall register the name of said applicant, |
κ1869 Statutes of Nevada, Page 143 (CHAPTER 90)κ
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cant, unless he be by law otherwise disqualified; provided, that in case of failure to produce the certificate of naturalization, the Registry Agent shall propound to him the following questions: First-In what year did you come to the United States? Second-In what State, county, court and year did you declare your intention to become a citizen? Third-In what State, county, court and year were you finally admitted to citizenship? Fourth-Where did you last see your certificate of naturalization? The answer to the above questions shall be taken down in the form of an affidavit, which shall be subscribed and sworn to by the applicant and retained in possession by the Registry Agent, and by him handed over to his successor; provided, that no person shall be required to make the affidavit twice before the same Agent, or the successor of such Agent, having in his possession a former affidavit. Sec. 8. On the day next succeeding that on which the registration of electors, prior to any election mentioned in this Act, shall have been closed, the Registry Agents shall, with all reasonable expedition, prepare, and cause to be written or printed, a full and complete list of all the names registered by them and then remaining on the Official Register, for each election district, alphabetically arranged, commencing always with the surname of each; and they shall have printed or written such reasonable number of copies of each district list, as in their judgment may be necessary; at least five copies of which they shall cause to be posted up in as many public and conspicuous places within the district to which they apply, and the remainder of such lists shall be distributed among the electors of the respective districts. The Registry Agents shall give notice in said lists, that they will receive objections to the right to vote, on the part of any person so registered, until six oclock p. m. on the fourth day previous to the day of election; and also, requesting all persons whose names may be erroneously entered in said lists, to appear at his office and have such error corrected. Such objections to the right to vote shall be made only by a qualified elector in writing, setting forth the ground of objection or disqualification, and sworn to or affirmed to, to the best of his knowledge and belief. A copy of such written objections, with the name of the objector, together with a copy of notice, requiring the person objected to, to appear before the Registry Agent at a time certain and specified therein, and answer under oath such questions as may be propounded to him by the Registry Agent touching his qualifications as an elector, shall be served on the person objected to, and such service shall be good when left at the place of residence of such person objected to, as the same shall appear in the Official Register, however general or indefinite may be the description of the same in said Register; provided, that personal service shall be required when the objections are filed with the Registry Agent on the last day on which such objections are allowed; but such objections so filed on the last day may be heard and determined on the succeeding day. And no such objections shall be tried, unless it shall appear by the return of an officer, or the sworn statement of an elector within the county, appended to such notice, that such objections and notice were by him duly served by copy, as in this section of this Act required. At the time specified in the notice, or at such further time as the hearing may be adjourned to, the Registry Agent, upon being satisfied from the return or affidavit that proper service of notice has been had, as in this section provided, shall proceed to examine such person, (if present) under oath, touching all matters specified in such written objections, and respecting his general qualifications as an elector, and the testimony of the person making the objections, and any further evidence offered, (which the Registry Agent, before whom objections are made, may desire to hear in relation thereto). |
Proviso.
Questions.
Copies of names registered to be posted and distributed.
Notice of time for receiving objections.
Objections and notice to be served
Proviso.
Examination. |
κ1869 Statutes of Nevada, Page 144 (CHAPTER 90)κ
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Proviso.
Official Registers to be copied.
Index books. Check lists.
Copies of register and check list to be delivered etc.
Elector moving may change registration
Proviso. |
elector, and the testimony of the person making the objections, and any further evidence offered, (which the Registry Agent, before whom objections are made, may desire to hear in relation thereto). If the Registry Agent shall be satisfied from the answers under oath, of the person objected to, or other evidence, that he is not a qualified elector as required by law, for the next ensuing election; or if such person, so notified as hereinbefore provided and required, shall fail to appear at the time set, or shall fail to show cause for his non-appearance, it shall be the duty of the Registry Agent to erase his name from the Official Register; provided, that any person, whose name may have been so erased, may apply to the District Court, or the Judge thereof, as is provided in section six of this Act. Sec. 9. During the time intervening between the closing of any registration of electors and the day of the next ensuing election, the Registry Agents shall carefully copy from the official register, into suitable books, one for each election district within their respective townships, the names of all electors registered for such election district, alphabetically arranged, (the surname first) entering opposite each name the number it bears on the official register, together with all other entries therein found opposite such name. The Registry Agents shall also prepare, not later than the day next preceding that on which the election is to be held, in Index Books, one for each election district, and which shall be known as the Check Lists, lists of the names of all electors found on the official register for such election districts, alphabetically arranged (the surname first), with the number such name bears in the official register placed at the left of the name of the elector, and with a blank column at the right of the column of names, formed by two parallel perpendicular lines, in which the inspectors of election shall check the names of those voting, by some particular character, as for instance, thus, V for voted. Said blank columns last mentioned shall have written headings made by the Registry Agents, showing what particular election the said check lists apply to, as for instance, Voted at general election, 1868, or Voted at city election, 1869. The copy of the official register, together with the check list, for each election district, as herein provided, shall be carefully prepared and duly certified to by the Registry Agent, and delivered to some one of the inspectors of election in each election district, at a time not later than the day next preceding that on which such election is to be held, and such check lists shall be carefully preserved and transmitted by the inspectors of election to the Clerk of the Board of County Commissioners, in connection with and as a part of the election returns, as provided by law. Sec. 10. Any registered elector, moving from one election district to another, prior to the day of the ensuing election, may apply to the Registry Agent before whom he has already been registered for that electoral year, at any time prior to the delivery of the certified copies of Register to the inspectors of election, and have his name taken off the official register, and receive from the Registry Agent a certificate showing substantially that he was on a certain date duly registered in the official register of township No. _____ in the county of _____, and that his name has been erased at his own request; which certificate shall entitle him to have his name registered in the same manner as other names are registered, in any other election district, either within the same county or in any other county, for said election; provided, that it shall satisfactorily appear to the Registry Agent receiving the certificate, |
κ1869 Statutes of Nevada, Page 145 (CHAPTER 90)κ
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cate, and to whom application is made for the second registration, that the applicant will have resided such length of time within such county and election district, prior to the next ensuing election, as is or may be provided by law to entitle him to vote. Sec. 11. Before entering upon the duties prescribed in this Act, the Registry Agents shall severally take and subscribe before an officer duly authorized to administer oaths, the following oath or affirmation, which shall be filed in the office of the County Clerk of their respective counties, to wit: I _____, Registry Agent for Election Districts Numbers _____ and _____, in the county of _____ and State of Nevada, do solemnly swear (or affirm) that I will perform all the duties of Registry Agent in and for said Election Districts according to law and the best of my ability, and that in the discharge of my duties as such Registry Agent, I will honestly endeavor to prevent fraud, deceit, or any other manner of abuse of the elective franchise. So help me God (or under the pain and penalties of perjury.) Sec. 12. The several Registry Agents shall be entitled to receive as full compensation for all services rendered by them, under the provisions of this Act, (except for the collection of poll taxes) the sum of twenty-five cents for each name by them legally registered in each electoral year, which shall be a valid claim against their respective counties; and their accounts shall be made out so as to clearly show the number of names by them severally registered during that electoral year, and sworn to and filed with the Board of County Commissioners of their respective counties; and said claims, together with all other just and reasonable demands of other persons for books, advertising and printing, necessarily incurred in carrying out the requirements of this Act shall be audited and paid out of the county funds of the several counties as other county charges; provided, that the expenses incurred in publishing the notices and printing the lists of electors prior to any municipal election, shall be a charge against, and shall be paid by the corporate authorities of the municipality holding such election. Sec. 13. The name of no person under the age of sixty (60) years shall be registered by any Registry Agent until such person shall show a proper receipt for the poll tax required by law for the then current year; provided, that if the applicant for registration has not paid such poll tax, it shall be lawful for him to pay said tax to the Registry Agent to whom he applies for registration, and receive the proper poll tax receipt therefor. The County Auditor shall deliver to the several Registry Agents of their respective counties such number of blank poll tax receipts as may from time to time be found necessary, which shall be receipted for, and accounted for by said Registry Agents in the same manner as County Assessors are by law required to do. The Registry Agents shall on the first judicial day of each month, during the time of registration, pay over to the County Auditor of their respective counties the aggregate amount of all poll taxes by them collected during the preceding month, after deducting ten per centum thereof; which ten per centum is hereby allowed to said Registry Agents, the same as to County Assessors, as full remuneration for the collection thereof. It shall not be requisite for any person having paid poll tax in any county within this State for the current year to pay said tax again or the second time; and in case any applicant for registration shall have lost his poll tax receipt, it shall be lawful for any Registry Agent to receive satisfactory proof by written certificate of any County Assessor, or his deputy, or of any Superintendent or Secretary of any incorporated mining company within the State, showing that said applicant has paid said poll tax for that current year. |
Registry Agents to take oath.
Oath.
Compensation.
Accounts to be made out etc.
Proviso.
Poll tax receipts.
Proviso.
Auditor required to deliver poll tax receipts.
Poll taxes collected to be paid to Auditor.
Proof of loss of receipt. |
κ1869 Statutes of Nevada, Page 146 (CHAPTER 90)κ
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Who not entitled to vote.
Proviso.
Punishment for certain offences.
Punishment
Perjury.
Punishment where penalty is not prescribed.
Repeal. |
of any County Assessor, or his deputy, or of any Superintendent or Secretary of any incorporated mining company within the State, showing that said applicant has paid said poll tax for that current year. Sec. 14. No person shall be entitled to vote at any election mentioned in this Act, unless his name shall, on the day of election, appear in the Check List furnished by the Registry Agents to the Inspector of Election of the election district at which he offers to vote; and the fact that his name so appear in the Check List and in the copy of the Official Register in the possession of the Inspectors of Election, shall be prima facie evidence of his right to vote; provided, that when the Inspectors of Election shall have good reason to believe, or when they shall be informed by a qualified elector, that the person offering to vote is not the person who was registered in that name, the vote of such person shall not be received, until he shall have proved his identity, as the person who was registered in that name. Sec. 15. Any person who shall vote, or offer to vote, at any election mentioned in this Act, but who shall not be a qualified elector; or any person who, being a qualified elector, shall vote or offer to vote in the name of any other registered elector, shall be deemed guilty of a felony, and on conviction thereof before any Court of competent jurisdiction, shall be punished by imprisonment in the State Prison for not less than one nor more than three years; and any person who shall willfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides or will reside prior to the day of the next ensuing election; and any person who shall cause or endeavor to cause his name to be registered, knowing that he is not a qualified elector, or will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes, or endeavors to cause such registry to be made; and any other person who shall induce, aid or abet any such person in the commission of either of such acts in this section enumerated and described, shall be deemed guilty of a misdemeanor, and on conviction thereof before any Court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by confinement in the County Jail for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the Court. Sec. 16. All willful corrupt and false swearing or affirming before any Registry Agent shall be deemed perjury, and on conviction shall be punished as such. If any Registry Agent, or any other person in any manner concerned, shall willfully and corruptly violate any of the provisions of this Act, the penalty for which is not herein specifically prescribed, he shall be punished for each and every offense whereof he shall be duly convicted, by imprisonment in the State Prison for a term not less than one year nor more than five years, or by fine of not less than one hundred nor more than one thousand dollars, or both such fine and imprisonment, in the discretion of the Court. Sec. 17. The Act entitled An Act to provide for the registration of the names of electors, and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, approved February 24, 1866, is hereby repealed. |
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Chap. XCI.An Act for the relief of James D. Minor.
[Approved March 5, 1869.]
Whereas, during the years a.d. 1863 and 1864, James D. Minor, the then acting Recorder of Humboldt County, Nevada, advanced to the said County the sum of one thousand five hundred dollars gold coin, for the purchase of fuel, books and stationary, which sum has never been paid the said James D. Minor by said Humboldt County-
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Auditor of the County of Humboldt is hereby authorized and directed to draw his warrant on the County Treasurer of said County in favor of James D. Minor for the sum of one thousand five hundred dollars. Sec. 2. The Treasurer of the County of Humboldt is hereby authorized and directed to pay said warrant described in section one of this Act, in its regular order of registry, as other indebtedness against said County is paid. |
Preamble.
Auditor authorized to draw warrant.
Treasurer directed to pay. |
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Chap. XCII.An Act to provide for the payment of the claim of A. W. Nightingill.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand dollars is hereby appropriated out of any funds in the State Treasury not otherwise specially appropriated, for the purpose of paying the claim of A. W. Nightingile, for drawing the design of the Great Seal of the State of Nevada, design of the Seal of the Supreme Court, design of the Seal of the State Controller, design of the State Stamps, and the design and vignette of the State Bonds. Sec. 2. The claims of the said Nightingile for the services mentioned in section one, shall be presented to the Board of Examiners, who shall allow thereon such sum as the services above mentioned are found to have been reasonably worth, after deducting all payments thereon, and not exceeding the said sum of one thousand dollars; and the examination and allowances of the claim shall be subject to all the provisions of law in force in reference to unliquidated claims for the payment of which an appropriation has been made. |
Appropriation.
Claims to be presented to Examiners. |
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κ1869 Statutes of Nevada, Page 148κ
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Corporations for investment of funds, etc.
Formation.
Evidence of incorporation.
Powers and privileges. |
Chap. XCIII.An Act to provide for the formation of Corporations for the accumulation and investment of funds and savings.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Corporations for the purpose of aggregating the funds and savings of the members thereof, and others, and preserving and safely investing the same for their common benefit, may be formed according to the provisions of this Act, and such corporations, and the members and stockholders thereof, shall be subject to all the conditions and liabilities herein imposed, and to none other. Sec. 2. Any five or more persons who may desire to form an incorporated company for the purposes specified in the preceding section, may make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of County Clerk of the County in which the principal place of business of the company is intended to be located, and a certified copy thereof in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the corporation, the object for which the corporation shall be formed, the time of its existence, not to exceed fifty years, the number of directors and their names, who shall manage the affairs of the company for the first six months, and the name of the city or town and county in which the principal of business of the company is to be located. Sec. 3. A copy of any certificate of incorporation filed in pursuance of this Act, and certified by the County Clerk of the county in which it is filed, or his deputy, or by the Secretary of State, shall be received in all courts, actions, proceedings and places as presumptive evidence of the facts therein stated. Sec. 4. When the certificate shall have been filed, the persons who shall have signed and acknowledged the same, and such persons as may thereafter become their associates or successors, shall be a body politic and corporate, and by their corporate name have succession for the period limited, and power: First-To sue and be sued in any Court. Second-To make and use a common seal, and to alter the same at pleasure. Third-To purchase, hold, sell, convey and release from trust or mortgage such real or personal estate as hereinafter provided in this Act. Fourth-To appoint such officers, agents and servants, as the business of the corporation shall require; to define their powers, prescribe their duties and fix their compensation, and to require of them such security as may be thought proper for the fulfillment of their duties. Fifth-To loan and invest the funds of the corporation; to receive deposits of money, and to loan and invest the same; to collect the same with interest, and to pay such deposits without interest, or with so much of the earnings and interest as the by-laws of the corporation may provide. |
κ1869 Statutes of Nevada, Page 149 (CHAPTER 93)κ
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Sixth-To make by-laws not inconsistent with the laws of this State for the organization of the company and the management of its property, the regulation of its affairs, the conditions on which deposits shall be received, the time and manner of dividing the profits, and the time and manner in which any person may become or may cease to be a member of the corporation, and for carrying on all kinds of business within the objects and purposes of the company. Sec. 5. No corporation formed under this Act shall loan any money without adequate security on real or personal property, except when any such corporation shall by a by-law to that effect, adopted by a two-third vote of all the stock of the company subscribed and taken, authorize the making of loans to persons of reputed solvency, when ordered by a vote of not less than three-fourths of all the directors thereof. Sec. 6. The corporate powers of the corporation shall be exercised by a Board of not less than five Directors, residents of this State, and a majority of them citizens of the United States, who shall be holders of stock, each to such amount and under such conditions as the by-laws may prescribe, (if a capital is provided for on [in] the certificate of incorporation) or members each having each having deposits with the corporation to the amount of at least one hundred dollars, (if the company has no capital stock.) All Directors to hold office after the expiration of the term of the Directors named in the certificate of incorporation shall be annually elected, at such time and place, and in such mode, and upon such notice, as shall be directed by the by-laws of the company. All such elections shall be by ballot, and each stockholder who shall be a member, and shall have signed the by-laws, shall be entitled to such number of votes as shall be fixed by the by-laws, not exceeding one vote for every share of stock held by him; and the by-laws may provide what qualifications shall entitle a member, not stockholder, or the members of a corporation having no stock, to a vote, and the persons receiving the greatest number of votes shall be Directors. The President of the corporation, who shall also be the President of the Board of Directors, shall be chosen by said Board from among their own number. When any vacancy shall occur in the Board of Directors, by death, resignation or otherwise, it shall be filled for the remainder of the term in such manner as may be prescribed by the by-laws of the company. Sec. 7. If it should happen at any time that an election of Directors shall not be made on the day designated by the by-laws of the company, the corporation shall not for that reason be dissolved, but it shall be lawful on any other day to hold an election for Directors, in such manner as shall be provided for by the by-laws of the company, and the Directors shall be continued in office until their successors shall be elected. Sec. 8. The call for the first meeting of the directors shall be signed by one or more persons named directors in the certificate setting forth the time and place of meeting, which notice shall be delivered personally to each director, or published at least ten days in some newspaper of the county in which is the principal place of business of the corporation, or, if no newspaper be published in the county, then in the newspaper nearest thereto. Sec. 9. A majority of the whole number of directors shall form a board for the transaction of business, and every decision of a majority of the persons duly assembled as a board, or a larger number, if the by-laws shall so require, shall be valid as a corporate act. |
Not to loan money without security on real estate, etc.
Board of Directors.
President.
Vacancy, how filled.
Failure to elect not to dissolve corporation.
First meeting of Directors.
Majority of whole number to form a board. |
κ1869 Statutes of Nevada, Page 150 (CHAPTER 93)κ
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Dividends.
Not to contract debts or liabilities etc.
When loans etc., not to be made.
To retain 5 per cent. net profits.
Excess.
Not to issue bills or notes to circulate as money. Purchase and conveyance of property.
Not to trade in merchandise, etc. |
Sec. 10. It shall not be lawful for the corporation or the directors, to make any dividend, except from the surplus profits arising from the business of the corporation; and the directors shall, at such times and in such manner as the by-laws shall prescribe, declare and pay dividends of so much of the profits of the Company and of the interest arising from the capital stock and deposits, as may be appropriated for that purpose by the provisions of the by-laws. And it shall not be lawful for the corporation or the directors to contract any debt or liability against the corporation for any purpose whatever; but the capital stock and the assets of the corporation shall be security to depositors who are not stockholders, and the by-laws may provide that the same security shall extend to deposits made by stockholders. Sec. 11. Corporations formed under this Act, may prescribe by their by-laws the time and conditions in which repayment is to be made by depositors, but whenever there is any call by depositors for a repayment of a greater amount than the corporation may have disposable for that purpose, it shall not be lawful for the directors or officers to make any new loans or investments of the funds of the depositors, or of the earnings thereof, until such excess of call shall have ceased; and the directors of any corporation formed under this Act, and having no capital stock, shall retain on each dividend day, at least five per cent. of the net profits of the corporation to constitute a reserve fund, which shall be invested in the same manner as other funds of the corporation, and shall be used toward paying any losses which the corporation may sustain in the pursuance of its lawful business. And the corporation may provide by its by-laws for the disposal of any excess in the reserve fund over one hundred thousand dollars, and the final disposal, upon the dissolution of the corporation, of the reserve fund, or of the remainder thereof after payment of losses. Sec. 12. No corporation formed under this Act, shall by any implication or construction, be deemed to possess the power of creating and issuing bills, notes, or other evidence of debt, for circulation as money. Sec. 13. The real and personal estate which it shall be lawful for any such corporation to purchase, hold and convey, shall be: First-The lot and building in which the business of the company may be carried on; provided, that the cost of the same shall not exceed one hundred thousand dollars. Second-Such as shall have been mortgaged or pledged to it, or conveyed in trust for its benefit in good faith, for money loaned in pursuance of the regular business of the corporation. Third-Such as shall have been purchased at sales under pledges, mortgages or deeds of trust made for its benefit; or upon judgments or decrees obtained or rendered for money so loaned. And the said corporation shall not purchase, hold or convey real estate in any other case, or for any other purpose, and all such real estate as is described in the second and third subdivisions of this section, shall be sold by the said corporation within five years after the same shall be vested in it by purchase or otherwise; and the said corporation shall not, directly or indirectly, deal or trade in buying or selling any goods, wares or merchandise whatever, except such personal property as may be requisite for its immediate accommodation for the convenient transaction of its business; and except bonds, securities or evidences of indebtedness, public or private, gold and silver bullion, and United States mint certificates of ascertained value, and evidences of debt issued by the United States. |
κ1869 Statutes of Nevada, Page 151 (CHAPTER 93)κ
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Sec. 14. Any married woman, being a member, or holding stock in her own name in any company formed under this Act, may cast her own vote, and appoint her own proxy to vote for her. Whenever any stock or deposits are held by any person or executor, administrator, trustee or guardian, he shall represent such stocks or deposits, and may vote accordingly. Sec. 15. Whenever any deposit shall be made by any minor, the directors of said corporation shall pay to such depositor such sums as may be due to him or her, although no guardian shall have been appointed by or for such minor, or the guardian of such minor shall not have authorized the drawing of the same; and the check, receipt or acquittance of such minor shall be as valid as if the same was executed by a guardian of such minor, or the said minor was of full age if such deposit was made personally by said minor. And whenever any deposit shall be made in her own name by any woman being or thereafter becoming married, said directors shall pay such sums as may be due to her on her own receipt or acquittance; and any person authorized thereto, by resolution of the Board of Trustees or directors of any corporation, association or society, having funds deposited or owning stock in any corporation formed under this Act, shall be entitled to receive such deposit, or transfer such stock, and to cast the vote of such corporation, association or society. Sec. 16. Every corporation incorporated or doing business under the provisions of this Act shall cause to be published annually, once a week for at least six successive weeks, in one public newspaper printed in the county in which such corporation may be located, a true and accurate statement of all depositors who shall have deposits, dividends or interest to their credit on the books of said corporation, and concerning whom at the date of such statement the officers of the corporation shall have had no knowledge during the two years next preceding such date; such statement shall contain the name, residence and occupation, if known, of the person making the deposit, or in whose favor the dividend was declared, and in all cases so published the expense of advertising shall be deducted from the sums unclaimed, in proportion to the amount of each respectively. Sec. 17. Corporations formed for the purpose designated in section one of this Act, may have a capital stock, and may issue certificates to represent shares of such capital stock; provided, that the certificate directed by the second section of this Act to be executed and filed, shall also contain a statement of the amount of such capital stock and number of shares of which it shall consist. The rights and privileges to be accorded to such capital stock, as distinct from those to be accorded to depositors, and the obligations to be imposed upon it in the same relation, shall be fixed by the by-laws. Sec. 18. It shall not be lawful for the directors to divide, withdraw, or in any way pay to the stockholders, or any of them, any part of the capital stock, nor to reduce the amount of the same. Sec. 19. Whenever it is desired to increase the amount of the capital stock, a meeting of stockholders may be called by a notice signed by at least a majority of the directors, and published at least sixty days in every issue of some newspaper published in the county where the principal place of business of the company is located, which notice shall specify the object of the meeting, the time and place where it is to be held, and the amount to which it is proposed to increase the capital stock, and a vote of two-thirds of all the shares of stock represented at the meeting shall be necessary to an increase of the amount of capital stock. |
Stockholders may vote.
Minors receipts for deposits valid.
Deposits, to whom paid.
Annual statement to be published.
Capital Stock, etc.
Unlawful to divide or reduce capital stock.
How capital stock may be increased |
κ1869 Statutes of Nevada, Page 152 (CHAPTER 93)κ
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Certificate to be filed.
Stock deemed personal estate. Certificate of stock not to issue until money paid. May pledge stock.
Corporation, how dissolved.
Hearing of application.
Upon dissolution, Directors to be Trustees. Powers, etc.
Unclaimed deposits to be paid into State Treasury. |
sented at the meeting shall be necessary to an increase of the amount of capital stock. Sec. 20. If at any meeting so called a sufficient number of votes has been given in favor of increasing the amount of capital stock, a certificate of the proceedings, showing a compliance with these provisions, the amount of the capital actually paid in, and the amount to which the capital stock is to be increased, shall be made out, signed and verified by the affidavit of the Chairman and Secretary of the meeting, certified by a majority of the directors, and filed as required by the second section of this Act. When so filed, the capital stock of the corporation shall be increased to the amount specified in the certificate. Sec. 21. The stock of the company shall be deemed personal estate, and shall be transferable in such manner as shall be prescribed by the by-laws. Sec. 22. No certificate representing shares of stock shall be issued, nor shall such stock be considered as acquired until the whole sum of money which such certificate purports to represent, shall have been paid into the corporation. Sec. 23. Any stockholder may pledge his stock by a delivery of the certificate or other evidence of his interest, but may nevertheless represent the same at all meetings and vote as a stockholder. Sec. 24. Any corporation formed under this Act may dissolve and disincorporate itself by presenting to the County Judge of the County in which the principal place of business of the company is situated as named in the certificate of incorporation, a petition to that effect, setting forth the reason therefor, signed by all the directors of the corporation. Notice of application shall then be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time and place at which such application shall be heard, and shall be published in every regular issue of some newspaper in the county where the application is to be heard, for at least three months, and if no newspaper is published in the county where the application is made, then such notice shall be posted up, at least thirty days previous to the time when such application is to be heard, in three public places in said county, one of which shall be the Court House of said county. At the time and place appointed, or at any other time to which it may be postponed by the Judge, he shall proceed to consider the application, and if satisfied that the members and stockholders of the corporation will be benefited thereby, and that no indebtedness of the corporation exists, other than to depositors who have not demanded their deposits, he shall enter an order declaring it dissolved. The hearing of such application for dissolution shall not be had by the Judge until after the expiration of twenty days from and after the last publication of the notice aforesaid. After filing the petition for dissolution, no more deposits shall be received nor certificates of stock be issued by the officers of the corporation. Sec. 25. Upon the dissolution of any corporation formed under this Act, the directors, at the time of the dissolution, shall be trustees for the members and others interested in the corporation dissolved, and shall have full power and authority to sue for and recover the debts due to, and property of the corporation, settle all of its affairs, and divide among the members and stockholders in such proportion as the by-laws shall direct. The money and other property that shall remain after the payment of all the expenses, and all unclaimed deposits and the interest accruing thereon, and unclaimed shares and money due thereon, not called for within thirty days after the collection of all solvent indebtedness, |
κ1869 Statutes of Nevada, Page 153 (CHAPTER 93)κ
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called for within thirty days after the collection of all solvent indebtedness, shall be paid by the said trustees into the State Treasury, accompanied by a statement setting forth the time that such deposits were made, or such share acquired by the person holding the same at the time of such dissolution, and the name and residence, if known, of the person making or holding the same, the amount of such deposit or shares, and also of the dividends not called for, and the name of the person or persons to whom the deposit, or stock, or the dividends belong, if known. All amounts of unclaimed dividends and deposits paid into the State Treasury as aforesaid, shall be received, invested and accounted for, and paid out in the same manner, and by the same officer, as is provided by law concerning escheated estates. Upon such payment by the said trustees, the State Treasurer shall give to them a receipt for the amount so paid in, which shall fully discharge them from all liability to such depositors or stockholders. Sec. 26. The misnomer of any such corporation in any instrument, shall not vitiate or impair the same, if it be sufficiently described to ascertain the intention of the parties. Sec. 27. All corporations for the accumulation, preservation and investment of funds and savings, all savings and loan societies, and all associations or societies for the like purpose, claiming in good faith to be incorporated under the laws of this State, may avail themselves of the provisions of, and become incorporated under this Act, by filing with the County Clerk of the county in which their principal place of business is located, and a certified copy thereof in the office of the Secretary of State, a certificate stating their intention and election to become so incorporated, which intention and election may be made and declared by the trustees or acting trustees of such corporation, association or society, or a majority thereof. The certificate stating such intention and election shall be signed by the President and Secretary of such corporation, association or society, and shall be acknowledged before some officer competent to take the acknowledge of deeds. Such certificate shall in other respects conform to the requirements of this Act. Sec. 28. All Acts and parts of Acts in conflict with the provisions of this Act, are hereby declared to be inoperative so far as they affect this Act. Sec. 29. This Act shall take effect from and after its passage. |
How accounted for.
Receipt.
Misnomer not to impair instrument. Corporations may avail themselves of this Act.
Certificate.
Acts declared inoperative. |
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Chap. XCIV.An Act to create the County of Elko, and to provide for the organization thereof.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that portion of the present County of Lander lying within the following boundaries, to wit: East of a line drawn north and south through a point on the Central Pacific Railroad track, three miles west of the machine shop of the Central Pacific Railroad Company, |
Elko county created. Boundaries. |
κ1869 Statutes of Nevada, Page 154 (CHAPTER 94)κ
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County seat. Proviso.
When County Commissioners to select county seat.
Deed filed and recorded.
Governor to appoint Commissioners.
Powers.
When Lieutenant-Governor may appoint Commissioners.
Term.
Board to appoint Registry Agents, etc.
Organization and election.
Proviso. |
pany, situated in the town of Carlin, and north of a line drawn east and west through the most northerly part or portion of the military post or camp known as Camp Ruby, (being the northerly line of the proposed County of White Pine) is hereby created a new county, to be known as the County of Elko. The county seat of said county is hereby located at Elko; provided, the proprietors of said town, or other persons, shall within one month from the date of the passage of this Act, convey by proper deed to said County of Elko, free and clear of all incumbrances, a plat of ground suitably located, and of sufficient dimensions for a Court House and Jail, and other necessary county buildings; the same to remain the property of the county so long as used for county purposes. If no such conveyance be made to the approval and acceptance of a majority of the Board of County Commissioners, then the county seat of said county shall be selected by the Board of County Commissioners first elected under the provisions of this Act. If the conveyance aforesaid be accepted, entry of such fact shall be noted in the minutes of proceedings of the Board of County Commissioners, appointed herein, and the deed shall be filed and recorded in the proper County Recorders office; and thereafter vest the title of the land conveyed in the county as in this section provided. Sec. 2. It shall be the duty of the Governor, prior to the first day of April, a.d. 1869, to appoint three qualified electors, residents of the County of Elko, to serve as a Board of County Commissioners, with full power and authority to do and perform the acts following, to wit: Said Commissioners, after having taken the official oath, shall, within ten days from the first day of April, a.d. 1869, meet at some suitable or convenient place in the town of Elko, and organize as a Board of County Commissioners, by electing one of their number as chairman, and appointing a clerk, who shall not be one of their own number. Should the Governor fail to make the appointment as herein directed, the same shall be made by the Lieutenant-Governor. They shall continue in office until after the election of county officers as herein provided, and until their successors shall have been elected and qualified. Sec. 3. The Board, after having organized, shall appoint a suitable and convenient number of registry agents within said county, who shall have full power and authority, and it shall be their duty, previous to the twentieth day of May, 1869, to register all the legal voters properly entitled to be registered within their districts or precincts, offering to do so. Such registration shall be conducted in all respects under the provisions of the registry laws of this State. Each of said registry agents shall, prior to the first day of June, 1869, certify to said Board of County Commissioners the number of voters by each registered; also the registry lists from which the certificate is made, or a copy thereof. Sec. 4. If it shall appear from the certificates of the registry agents, supported by an examination of the registry lists, (or a copy thereof) that more than one thousand voters have been registered within the county, such fact shall be properly noted, or entered on the minutes of the proceedings of said Board, and the Board shall make an order for the organization of the county, by an election of county and township officers; provided, township officers elected by the people for any township included within the metes and bounds of said county, prior to the passage of this Act, shall be deemed and held to be township officers of the county created by this Act, and may continue to hold their offices and serve as such until the expiration of the term for which they were elected. If it appear that the number of registered voters is less than one thousand, the election for county officers shall be held on the day of the general election, in the year a.d. |
κ1869 Statutes of Nevada, Page 155 (CHAPTER 94)κ
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than one thousand, the election for county officers shall be held on the day of the general election, in the year a.d. 1870, and the county and township officers shall enter upon the discharge of the duties of their respective offices, as now provided by law in the other counties of this State; provided, the special election herein provided for, if held, shall be so held under the registration herein provided for. A new registration shall be made for the election in the year 1870, and shall be made under the authority of the Board of County Commissioners hereinbefore provided. Sec. 5. The election provided for in this Act shall be held on the third Monday of June, eighteen hundred and sixty-nine, and the same shall be provided for by said Board of County Commissioners, as to giving notice thereof, appointment of precincts, judges of election, issuing certificates of election, etc., as other general elections held under the laws of this State; and at such election there shall be elected all the county officers provided for and elected in other counties in this State, and such township officers as may be made necessary by any subdivision of the county into townships by said Board of County Commissioners; provided, a District Judge shall be elected for said county, which shall constitute a Judicial District as hereinafter provided, in case a vacancy shall have previously occurred in the office of Judge of the Sixth District Court. If no vacancy occur, such Judge shall be elected at the next general election. The officers elected under the provisions of this section shall qualify and enter upon the discharge of the duties of their respective offices, on the first Monday of July, a.d. eighteen hundred and sixty-nine, except as to the County Commissioners, who shall qualify and enter upon the duties of their office within three days of the time of receiving their certificates of election. At the first session, which may be held immediately after their qualification, they shall fix the amount in which each county and township officer shall be required to give bonds. Sec. 6. The County of Elko, until organized, or as otherwise provided in this Act, shall remain attached to the County of Lander for all judicial, revenue, county and legislative purposes. The County of Elko shall be entitled to a representation in the Legislature of the State, as follows: One Senator and two Assemblymen; provided, if there be registered at the special election provided for in this Act, or if it appear on the fifteenth day of October, eighteen hundred and seventy, from the registry lists that there are two thousand registered voters in said county, the apportionment shall be two Senators and four Assemblymen. The affidavit of a majority of the Board of County Commissioners, certifying that there appear upon the registry list or lists of said county the names of two thousand voters, shall be considered evidence of that fact, and such affidavit shall be filed with the Secretary of State. Sec. 7. The County of Elko shall constitute the (11) Eleventh Judicial District of the State of Nevada; but this provision shall only take effect upon the occurrence of a vacancy in the office of Judge of the Sixth Judicial District, or at the expiration of the term of the present incumbent of such office, except as otherwise herein provided. If at any time prior to the time herein fixed for holding a special election for county officers in the County of Elko, a vacancy shall have occurred in said office of Judge of said Sixth Judicial District, an election shall be held, also as herein provided, for District Judge for said Eleventh Judicial District, and a qualified elector, resident of said county, shall be elected to fill the office of Judge of said Eleventh Judicial District Court. |
New registration.
Election, when held, etc.
Proviso.
When officers to qualify and enter on duties of office.
Bond.
Attached to Lander for judicial purposes. Representation. Proviso.
To constitute eleventh Judicial District
When election to be held for Judge. |
κ1869 Statutes of Nevada, Page 156 (CHAPTER 94)κ
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Terms of officers.
Vacancy.
Terms of Court.
Salaries of officers.
County to assume and pay debt of Lander, etc.
Proviso.
When basis of debt to be adjusted. |
resident of said county, shall be elected to fill the office of Judge of said Eleventh Judicial District Court. The terms of all officers elected under the provisions of this Act shall expire upon the election and qualification of a successor at the next general election, as provided by law. If a vacancy occur in the office of District Judge of the Sixth Judicial District, it shall be the duty of the person appointed to fill the unexpired term of the present incumbent of said office, in case of the failure to organize the County of Elko prior to the next general election, to hold terms of Court in said county, at the county seat, or until the same be established at the town of Elko. There shall be four terms of said Eleventh District Court each year, commencing on the third Mondays of February, May, August and November. It shall be the duty of the Clerk of the Sixth District Court, and the Sheriff thereof, in case terms of Court be held by the Judge thereof, in the County of Elko, to attend in person or by deputy upon the sessions of said Court, at the town of Elko, and then and there discharge the duties of their respective offices. Sec. 8. The salaries of the county officers of the County of Elko are hereby fixed as follows:-District Attorney, two thousand dollars per annum; County Treasurer, two thousand dollars per annum; the County Superintendent of Public Schools shall receive such salary as may be fixed by the Board of County Commissioners. The salary of the District Judge is hereby fixed at five thousand dollars per annum, payable out of a District Judge salary fund, to be created as provided by law. Sec. 9. The County of Elko shall assume and pay to the County of Lander the sum of twenty thousand dollars, in gold coin, on account of the debt of said County of Lander, payable out of the Redemption Fund of said county; and for the purpose of paying said last named sum of money, the Board of County Commissioners, in addition to their power to create other fund for said county, which power is hereby expressly conferred, are hereby authorized and required to set apart twenty per cent. of all revenues coming into the County Treasury, properly belonging to the county, which shall constitute a fund to be known as the Lander Redemption Fund; and warrants shall be drawn in favor of the County of Lander, payable out of said fund, in such sums as the District Attorney of Lander County may elect, not less than one hundred dollars each, and when issued they shall be delivered to said District Attorney, who shall receipt for the same, and deliver such warrants to the County Auditor of Lander County, taking his receipt therefor; provided, whenever the sum of five hundred dollars or more shall accumulate in said fund, the interest shall cease to run on such amount within five days from the date of mailing a notice in writing, showing the amount in said fund, addressed to the County Auditor of Lander County, at the county seat of said Lander County. If no organization of the County of Elko be made before the general election in the [year] 1870, the outstanding debt of the County of Lander, existing on the first day of January, a.d. 1871, as specified in this section, as between the counties of Elko and Lander, shall be adjusted on the same basis and on the same relative proportion as fixed in this section of this Act; and the County Auditors of the two counties shall meet at the county seat of Lander County, and adjust the same, and when adjusted all the provisions of this section shall apply to the payment thereof. |
κ1869 Statutes of Nevada, Page 157 (CHAPTER 94)κ
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Sec. 10. The County Recorder of Lander County is hereby authorized and empowered, and it shall be his duty to transcribe into suitable books, all the records in his custody, pertaining or relating to, or affecting the title to any property situated within said County of Elko, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage and taking effect of this Act, and when completed, shall be delivered to the County Recorder of said Elko County, and shall thereafter be kept in his office, and shall be, for every purpose, of the same force and effect as other county records. The Recorder of Lander County shall be entitled to receive as compensation for the service hereby imposed, one-half of the fees now allowed by law for recording and indexing written instruments in his office. His claim for said compensation shall be allowed by the Commissioners of Elko County, on the completion and delivery of said transcript and index, and shall be paid as other claims against said county. |
Recorder of Lander County to transcribe records, etc.
Compensation. |
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Chap. XCV.An Act to amend an Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, approved March 9, 1865.
[Approved March 5, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section (65) sixty-five of said Act, of which this is amendatory, is hereby so amended as to read as follows, to wit: Section Sixty-five. Any person or persons who may dispose of any spirituous, malt or fermented liquors, or wines, in less quantities than one quart, shall, before the transaction of any such business, take out a license from the Sheriff of the county in which he or she proposes to do such business, and pay therefor the sum of ten dollars per month; provided, that all persons engaged in retailing liquors as aforesaid, in connection with entertainment for travelers, at any point distant one mile or more outside the limits of any city or town in this State, shall pay a quarterly license of fifteen dollars; and provided further, that no such person or persons shall be entitled, under and by virtue of said license, to sell or cause to be sold within this State any such spirituous, malt or fermented liquors or wines, on any day upon which any general election is held, or within the limits of any county or city on any day upon which any special or municipal election is held therein, but it shall be expressed in each and every license so granted, that the person or persons to whom the same is granted, that the person or persons to whom the same is granted, shall and will not sell or cause to be sold, any such liquors or wines on such day or days. |
License required for selling liquors in less quantities than one quart. Proviso.
Not entitled to sell on days of election. |
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κ1869 Statutes of Nevada, Page 158κ
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Authorized to audit and allow claims.
Allowed to examine witnesses, etc.
To draw warrants. |
Chap. XCVI.An Act to amend an Act entitled An Act defining the duties of the State Controller, approved February 24, 1866.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of the above entitled Act is hereby amended so as to read as follows: Section Five. He shall audit all claims against the State, for the payment of which an appropriation has been made, but of which the amount has not been definitely fixed by law, and which shall have been examined and passed upon by the Board of Examiners, or which shall have been presented to said Board, and not examined and passed upon by them with [in] thirty days from their presentation; and he shall allow of said last mentioned claims, (not passed upon by the Board of Examiners within said thirty days after, after, presentation) the whole, or such portion thereof, as he shall deem just and legal, and of claims examined and passed upon by the Board of Examiners, such an amount as he shall decree just and legal, not exceeding the amount allowed by said Board. And no claim for services rendered or advances made to the State or any officer thereof, shall be audited or allowed unless such services or advancement shall have been specially authorized by law, and an appropriation made for its payment. For the purpose of satisfying himself of the justness and legality of any claim, he shall be allowed to examine witnesses under oath, and to receive and consider documentary evidence in addition to that furnished him by the Board of Examiners. He shall draw warrants on the Treasurer for such amounts as he shall allow of claims of the character above described, and also for all claims of which the amount has been definitely fixed by law, and for the payment of which an appropriation shall have been made.
This is to certify that Senate Bill No. 152, An Act to amend an Act entitled An Act defining the duties of the State Controller, approved February 24, 1866, passed the Senate this day notwithstanding the objections of the Governor, by the following vote: Yeas, 16; nays, 3. James S. Slingerland, President of the Senate. Chas. F. Bicknell, Asst Secretary of the Senate.
This is to certify that Senate Bill No. 152, An Act to amend an Act entitled An Act defining the duties of the State Controller, approved February 24, 1866, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 31; nays, 2. D. O. Atkison, Speaker of Assembly. A. H. Kirkpatrick, Asst. Clerk of the Assembly. |
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κ1869 Statutes of Nevada, Page 159κ
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Chap. XCVII.An Act supplementary to an Act entitled An Act to create Legislative Funds, passed February 5, 1869.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All warrants drawn against the Legislative Fund created by the Act to which this Act is supplementary, and registered as not paid for want of funds, shall be paid as funds accrue in said fund, both principal and interest, out of said fund, in the order of registry; and if any warrant or warrants, drawn against or payable out of said fund, cannot be paid out of the same by reason of the entire exhaustion thereof, all such warrants, both principal and interest, shall be paid out of the General Fund, and the same shall, immediately after the exhaustion of said special fund, be deemed and held as registered for payment out of the general fund, and paid therefrom in their proper order. Sec. 2. The appropriation made by the Act to which this is supplementary, shall also be deemed an appropriation for the actual expenses of the members of the Legislature, for express charges, newspapers, postage and stationery, to an amount not exceeding sixty dollars for each member, as authorized by Sec. 33 of Art. 4 of the Constitution and all warrants drawn on account of said expenses shall be paid out of the Legislative Fund.
This is to certify that Senate Bill No. 138, an Act supplementary to an Act entitled An Act to create Legislative Funds, passed February 5, 1869, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote-Yeas, 19; nays, 0. James S. Slingerland, President of the Senate. Chas. F. Bicknell, Asst. Secretary of the Senate.
This is to certify that Senate Bill No. 138, an Act supplementary to an Act entitled An Act to create Legislative Funds, passed February 5, 1869, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 32; Nays, 1. D. O. Atkison, Speaker of the Assembly. A. H. Kirkpatrick, Assistant Clerk of the Assembly. |
Warrants, how paid.
Appropriation, what deemed.
Certificate.
Certificate. |
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κ1869 Statutes of Nevada, Page 160κ
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When proposition for aiding railroad to be submitted to voters.
Proviso.
Bond of Corporation to be filed.
Order to be made and published.
Election, how conducted. |
Chap. XCVIII.An Act to submit to the People of the Counties of Elko, White Pine, Nye and Lincoln, a proposition to give County aid to a Railroad from Elko to the Colorado River.
[Approved March 6, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever within eighteen months from the passage of this Act, the Colorado and Nevada Railroad and Navigation Company, a corporation organized under the laws of this State, shall complete a final locating survey of a railroad from a point near Elko, on the Central Pacific Railroad, passing through the counties of White Pine, Nye and Lincoln, to a point on the Colorado, as set forth in the articles of association of said company, and shall file with the Board of County Commissioners of all or either of said counties a profile map of said locating survey, certified to as correct, and verified by the oath of a competent civil engineer, and shall request in writing of all or either of said Boards of Commissioners that they submit to the people of their respective counties a proposition for aiding said railroad by the bonds of said county or counties to a given amount therein named, it shall be the duty of all or either of said Boards to forthwith order an election by the qualified voters of the county, upon the proposition to grant aid in the amount requested; provided, that the said amount shall not in the county of White Pine exceed the sum of three hundred thousand dollars; nor in the county of Nye the sum of one hundred and fifty thousand dollars; nor in the county of Lincoln the sum of two hundred thousand dollars; nor in the county of Elko the sum of one hundred and fifty thousand dollars; provided, that the Board of Commissioners in either of said counties shall not be required to make the said order for any specified election, until the said corporation shall file with them a good and sufficient bond to be approved by them, conditioned that in event the said proposition for aid shall be rejected by the voters of the county at the election, then, and in that event, the corporation will pay to said county within thirty days after the result shall be declared, all the legal and necessary expenses incurred by the county at such special election. Sec. 2. The order shall be made by the Board within five days from the date of the application; and it shall direct the election to be held within not less than forty, nor more than fifty days from the date of making the order; and the order specifying the proposition to be voted upon, shall be published in each newspaper published in the county, or if there be none, in some newspaper circulating therein, for not less than three weeks next preceding the election, and shall be otherwise published in such manner as the Board shall deem best calculated to give full notice thereof. Sec. 3. At said election no person except qualified registered electors of the county shall vote; and the said election shall, except as qualified in section two of this Act, in respect to the registration of voters, the precincts, officers, and mode of conducting the same, and of certifying the results, be subject to the regulations governing a general election, as now or hereafter prescribed by law. |
κ1869 Statutes of Nevada, Page 161 (CHAPTER 98)κ
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Sec. 4. At said election each vote shall have written or printed upon it the words Railroad Appropriation-Yes, or Railroad Appropriation-No. If a majority of the votes polled in the county shall have upon them Railroad Appropriation-No, then no further proceedings shall be taken in said county under the provisions of this Act. If a majority of the votes so cast in any county shall have upon them Railroad Appropriation-Yes, then the Board of Commissioners of said county shall proceed as hereinafter directed. Sec. 5. Whenever, after the vote in any county in favor of the appropriation, the said company shall have graded and fitted to receive the iron superstructure,-if in the county of Elko, of thirty miles; if in White Pine County, of fifty miles; if in Nye County, of thirty miles; or if in Lincoln County, of forty miles of the said Railroad, and an affidavit of that fact, made by a competent civil engineer, or certificate of the County Surveyor to the same, shall be filed with the Board of Commissioners, the Board shall forthwith cause to be prepared, issued and delivered to said company, for its benefit, the bonds of said county, to the amount named in the appropriation voted. The said bonds shall be of such convenient amounts, not less than one thousand or more than five thousand dollars, as the Commissioners shall direct. They shall be payable in gold coin, fifteen years from their date, with interest payable semi-annually, in gold coin, at the rate of seven per cent. per annum. They shall each be signed by the President of the Board, and countersigned by the Treasurer of the County, and interest coupons shall be attached, signed by the President of the Board, for the semi-annual interest. Sec. 6. From and after the issuance of said bonds, the Board of Commissioners of the county shall annually, at the same time and in the same manner as other county taxes are levied, levy a special county tax, sufficient in amount to pay the semi-annual interest upon said bonds; and after the third year from their issuance, an amount sufficient to pay, in addition to the interest, one twelfth part of the principal of said bonds; and the faith of the State of Nevada is hereby pledged that this Act shall not be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for. Sec. 7. The proceeds of said tax shall be placed by the County Treasurer in a separate fund, to be known as the Railroad Interest and Sinking Fund, and shall be applied, first, to the payment of the interest on said bonds as the same shall become due; and second, to the redemption of said bonds in the manner specified in the next section. Sec. 8. Whenever after the third year from the issuance of said bonds all interest due upon said bonds shall have been fully paid, and there shall be in said fund a surplus of five thousand dollars or upwards, which, upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the clerk of said Board on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, |
Ballots, etc.
When Board to issue bonds.
Bonds, how issued, and how payable.
How signed, etc.
Special tax to be levied.
Railroad Interest and Sinking Fund.
Surrender of bonds.
Sealed proposals. Proposals opened. |
κ1869 Statutes of Nevada, Page 162 (CHAPTER 98)κ
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the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds. |
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Hamilton City incorporated.
Boundaries.
Corporate powers, how vested.
Term of office.
Eligible to office.
Voters, qualifications of.
General Election.
Laws applicable to elections,
Judges and Clerks of elections. |
Chap. XCIX.An Act to incorporate the town of Hamilton.
[Approved March 6, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose hereinafter mentioned, the inhabitants of that portion of Lander County embraced within the limits hereinafter set forth in this section, shall be a body politic and corporate, by the name and style of the Inhabitants of Hamilton City, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all Courts. The boundaries of said incorporate city shall be as follows, viz: Commencing at a point two hundred feet north of Hamilton upper spring, and running west one mile, thence south one mile, thence east two miles, thence north one mile, thence west one mile to the place of beginning. Sec. 2. The corporate powers of said city shall be vested in a Board of Trustees, to consist of five members, who shall be resident householders of said city. In addition to said Trustees, there shall be a Treasurer, Assessor and Marshal elected by the qualified electors of said city. Sec. 3. The said officers shall hold their offices for the term of one year, and until their successors are elected and qualified, except as hereinafter provided. Sec. 4. No person shall be eligible to the office of Trustee, Treasurer, Assessor or Marshal, who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of the said Hamilton City for three months next preceding the election. Sec. 5. No person shall be allowed to vote for said officers who shall not be a qualified voter of the State of Nevada, and shall not have actually resided at Hamilton City for three months next preceding the election. Sec. 6. The general election shall be held on the first Monday of June of each year. Sec. 7. All the provisions of law now in force, and of all laws which may be hereafter enacted regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees of Hamilton City shall, for each election, at least three days prior to the same, appoint three Judges, and shall designate the place for opening the polls. Within two days after each election, the Judges and Clerks of the same shall make out, sign and deliver to such of the Trustees receiving the highest number of votes, the certificate of their election to such office. Immediately after the votes are counted, |
κ1869 Statutes of Nevada, Page 163 (CHAPTER 99)κ
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counted, the said Judges and Clerks shall make out a statement of the number of votes cast for the offices of Trustee, Treasurer, Assessor and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said Judges, and they shall cause the same, together with the poll list and votes duly sealed up, to be delivered to the Board of Trustees of said city. Within two days after the receipt of the same, the said Board of Trustees shall proceed to ascertain from such statement, what persons have received the highest number of votes for the offices of Treasurer, Assessor and Marshal, and a certificate of election shall be issued by the Clerk, under the direction of said Trustees, to the persons receiving the highest number of votes for each of said offices respectively. The Clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Trustees, Treasurer, Assessor and Marshal chosen at any election, shall be qualified and enter upon the discharge of their duties within one week after being notified of their election; and in case of any Trustee, Treasurer, Assessor or Marshal, shall fail to qualify in the said time, his office shall be deemed vacant. All officers, before entering upon their official duties, shall take the official oath prescribed by law. Sec. 9. The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, elect one of their number as President, who shall preside at all meetings, and discharge such other duties as may be prescribed by the Board of Trustees. Sec. 10. When a vacancy shall occur in the office of Trustee, Treasurer, Assessor or Marshal, the Board of Trustees shall appoint some person to fill such vacancy, and such person so appointed shall hold his office for the residue of the term of his predecessor. Sec. 11. The Board of Trustees shall have regular meetings, as by adjournment or resolution they may direct, and the President shall have power to call special meetings whenever he deems the same necessary. Sec. 12. A majority of the Board of Trustees shall constitute a quorum to transact business. Sec. 13. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualifications of their own members. All their meetings shall be public, except when the Board shall deem that the interests of the city require secrecy. A journal of all proceedings of the Board shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered upon the journal, upon the passage of any question, at the request of any member. Sec. 14. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada. Second-To levy and collect taxes upon all property within the city, both real and personal, made taxable by the laws of the State of Nevada, for State and county purposes, which are now in force or which may hereafter be enacted except the proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and one-half per cent. per annum upon the assessed value of all property. Third-To lay out, extend, open, alter and repair the streets and alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the construction, |
Canvass.
Sealed packages, etc.
Officers to qualify and enter upon duties.
President of Board.
Vacancies in office, how filled.
Regular meetings.
Quorum.
Rules, etc.
General powers of Board. Taxes.
Streets, etc. |
κ1869 Statutes of Nevada, Page 164 (CHAPTER 99)κ
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Fires. Gunpowder.
Nuisances. Offices and officers.
City Police.
Licenses.
Same. Dogs.
Public buildings. Riots, etc.
Board of Health.
Gunpowder, etc.
Wards. |
construction, repair, and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and in the creation of sidewalks, and making other improvements; to compel the owners of lots and property to bear the expenses of erecting sidewalks and creating improvements in front of the same, by special tax or otherwise. Fourth-To provide for the extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth-To regulate the storage and sale of gunpowder, and all other combustible or explosive material. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To elect a clerk, and fill the additional offices of City Attorney and City Recorder, and such other offices as they may deem necessary for the public interests, whenever in the opinion of a majority of said Board, the exigencies of the times require such officers, and to provide for the election of all officers that may be appointed under this provision. All officers appointed by the Board shall hold their respective offices until the general election, and until their respective successors are elected and qualified, unless they shall be sooner removed for misconduct in office, neglect of duty, or other cause, or said office be abolished. Eighth-To create and establish a City Police, and prescribe their duties, and fix their compensation, and provide for the regulation and government of the same. Ninth-To fix and collect a license tax on, and collect a license tax on and regulate all theaters and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix, regulate, and collect a license tax on, and regulate all hotels, restaurants, lodging houses, chop houses, saloons, bar rooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages; to fix and collect a license tax on, and regulate auctioneers, stock brokers, drays, job wagons, and stage companies or owners, whose place of business is in said city, or who shall have an agency therein; to license, tax and regulate, or prohibit or suppress all tippling houses, dram shops, raffles, hawkers, peddlers, pawnbrokers, all gaming, gambling houses, hurdy-gurdy houses, public dance houses, and houses of ill-fame; to fix and collect a license tax upon all professions, trades or business, not hereinbefore specified, having due regard to the amount of business done by each person or firm thus licensed. Tenth-To provide for the issuance of all licenses above named, in such sums and on such terms as they may deem best. Eleventh-To levy and collect an annual tax upon all dogs within the limits of said city, and provide for the extermination of all dogs for which such tax shall not have been paid. Twelfth-To provide for all necessary public buildings for the use of said city. Thirteenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct within said city; to close all places of business, or public amusement on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. Fourteenth-To establish a board of health, to prevent the introduction and spread of disease, and provide for the indigent sick. Fifteenth-To provide for and regulate or prevent the using of gunpowder, or other explosive or combustible material, the use of which would be likely to endanger the lives or property of the inhabitants; to make ordinances for the preservation of the peace, quiet and safety of the inhabitants of said city. Sixteenth-To divide the city into two or more wards, define the boundaries thereof, and provide for elections therein. |
κ1869 Statutes of Nevada, Page 165 (CHAPTER 99)κ
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provide for elections therein. Seventeenth-To fix and prescribe the punishment for the breach of any city ordinance or resolution, but no fine shall be imposed for any one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed for more than six months. Eighteenth-To determine the duties, fix and establish the fees, salaries and compensation of all officers of said city; provided, that no member of the Board of Trustees shall receive or be entitled to receive for his services more than one hundred dollars per annum. Nineteenth-To compel the attendance of absent members, to punish members for their disorderly conduct, and to expel members for cause, by a vote of four-fifth of its members elected, and also to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Twentieth-To make all necessary contracts and agreements for the benefit of the city; to contract debts on the faith of the city, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of twenty thousand dollars; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties and forfeiture for the breach of any city ordinance. Twenty-first-All taxes and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. Twenty-second-All ordinances made by said Trustees shall be signed by the President and Clerk of said Board upon the journal of proceedings, where the same shall be written in full, and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the Clerk of said Board. Twenty-third-The Board of Trustees shall have power to condemn and appropriate to the public use, or the use of the inhabitants of said city, all real or personal property, when they deem the same necessary for the opening of streets or alleys, or for other public purposes, such property shall be condemned or appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner or owners of such property, so to be condemned, shall appoint one referee, and in the event of the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as finally binding. and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said city, and take full and immediate possession of the same; and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint said referee, when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said board of referees in the condemnation of property, or any claim, right of title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate city of the legality of such assessed (?) claim, right or title. And in the condemnation of property, as in this section provided, said referee shall consider if the property (?) improvement for which said property is so condemned shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such improvements to him or them, |
Fines, etc.
Salaries, etc.
Absent members, etc.
Contractors, etc.
Gold coin.
Ordinances, etc.
Condemnation of property.
Same. |
κ1869 Statutes of Nevada, Page 166 (CHAPTER 99)κ
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Ejectment.
Accountability of officers.
Statement of receipts and disbursements.
Sale of property for taxes.
Tax deed.
Duties of Treasurer.
Duties of Marshal. |
to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; and whenever the said corporate body shall have become in any manner possessed of any real estate upon which any improvements shall have been made for the benefit of said city or corporate body, no judgment in ejectment shall be rendered against said city or corporate body, but only judgment for damages in the value of said property, claim, right or title, at the time of the taking possession of the same, may be rendered. Sec. 15. It shall be the duty of the Board of Trustees to provide for the accountability of all officers and other persons directed (?) or appointed under this Act, to whom the receipt or expenditure of any of the funds of said city shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties; and in case of neglect or refusal on the part of any such officers to furnish such security within three days after notice of such requirement, the Trustees shall declare such office vacant. The amount of such security may any time be diminished or increased when deemed expedient by said Board. Sec. 16. It shall be the duty of the Board of Trustees to make and publish in one or more newspapers published in said city at least once in three months, to wit: In January, April, July and October of each year, a full and detailed statement of the receipts and disbursements, from what source received, and for what purpose paid out of the city during the three months next preceding said report. Sec. 17. Real and personal property may be sold by the City Marshal for taxes or assessment due said city. The manner of assessing and collecting taxes, and the proceedings for the sale of property in case of non-payment of taxes shall be as prescribed by ordinance, and title upon sale of property shall vest in the purchaser, as provided by the revenue laws of this State. No property whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but all such sales shall be absolute. The Marshal shall, upon the sale of such real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all courts of this State as prima facie evidence that the grantee or grantors (?) named in such deed, or his or their successors in interest, have a good and legal title to the premises described therein, and possession of such property may be obtained in form and manner prescribed by law, where the relation of landlord and tenant exists. Sec. 18. It shall be the duty of the Treasurer to receive all moneys belonging to the city, and to disburse the same on proper warrants or orders of said Trustees. He shall at all times keep his books and accounts open for the inspection of the Trustees, and shall furnish them whenever required a full statement of all receipts and expenditures. All warrants and orders drawn on the Treasury shall have specified therein the services and indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. Said Treasurer shall perform such other acts and duties as may be prescribed by ordinance or resolution of said Board. Sec. 19. It shall be the duty of the Marshal to enforce a due observance of the ordinances made by the Board of Trustees; to collect the taxes levied by said Board; to act ex-officio as Chief of Police, and perform such other duties as shall be prescribed by said Trustees. It shall be his duty to collect all licenses due the city, and all other moneys or revenue due or to become due, and to pay the same over to the Treasurer. |
κ1869 Statutes of Nevada, Page 167 (CHAPTER 99)κ
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the Treasurer. The time and manner of such collecting shall be as prescribed by an ordinance of the Board of Trustees. Sec. 20. It shall be the duty of the Assessor to make out and return to the Board of Trustees a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list and returning the same shall be prescribed by ordinance. Sec. 21. It shall be the duty of the Clerk to keep the corporate seal, papers, books and documents belonging to the city; to file the papers and documents in his office, under appropriate heads, to attend the sittings of the Board of Trustees, and keep a journal of their proceedings, and a record of all the by-laws and ordinances; to countersign all warrants and licenses issued, in pursuance of the orders and ordinances of the Trustees; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads, of all warrants and orders drawn on the treasury; also, to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of the issue and the amount; and he shall also do and perform such other duties as may be required or directed by any ordinance or resolution of the Board of Trustees. Sec. 22. Any resolution or ordinance providing for the appropriation for any object or purpose, of the sum of three hundred dollars or more, shall lay over, and be printed in some newspaper in the city for one week before final action shall be taken thereon. Sec. 23. The style of the ordinance shall be: The Board of Trustees of Hamilton City do ordain. All ordinances shall be published in one or more newspapers published in said city, within one week after their passage, and shall be so published for a period of at least two weeks. Sec. 24. Civil actions may be brought in the name of the inhabitants of Hamilton City, in any Court of competent jurisdiction within the said County of Lander, and all actions for the breach of any ordinance or law of the said city may be brought before any Justice of the Peace within the corporate limits of said city. Fines imposed by such Justice of the Peace may be recovered by execution against the property of defendant, or the payment thereof may be enforced by imprisonment in the City or County Jail, at the rate of one day for every two dollars of such fine and costs; or such Justice to enforce such payment, may in his discretion adjudge that such offender work upon the public highways or other public works of the city, at the rate of one day for every two dollars of such fine and costs, until the same be so exhausted, or otherwise paid. No fine shall be imposed exceeding five hundred dollars, and no imprisonment at any one time shall exceed the term of six months. Appeals from the judgment of such Justice of the Peace for the violation of ordinances, may be had to the District Court of the county, within ten days after such judgment is rendered. Such appeal shall be taken in the manner provided by law of the State of Nevada, for appeals from Justices Courts in criminal cases. Sec. 25. If any officer of said city shall remove his residence therefrom, or shall absent himself for more than thirty days without leave of absence from the Board of Trustees, his office shall be declared vacant. Sec. 26. Reuben Barney, Edward H. Sanderson, and P. C. Hyman are hereby appointed Trustees of Hamilton City under this Act, with full power to appoint the other officers to serve until the general election, to be held on the first Monday of June, a.d. |
Duties of Assessor.
Duties of Clerk.
Resolution, when to lay over.
Style of ordinance etc.
Actions, how brought.
Fines, etc.
Appeal.
Vacancy.
Officers appointed, etc. |
κ1869 Statutes of Nevada, Page 168 (CHAPTER 99)κ
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election, to be held on the first Monday of June, a.d. eighteen hundred and sixty-nine, and until their successors are elected and qualified. Sec. 27. This Act shall take effect and be in force from and after its passage. |
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License collector. Licenses levied.
Billiard tables, etc.
Theaters, etc.
Same.
Pawnbroker. Intelligence office. |
Chap. C.An Act to amend an Act entitled 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 12th, 1867.
[Approved March 6, 1869.]
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, one thousand eight 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 term less than one month; if granted for one month, thirty dollars shall be paid; if granted for three months, sixty dollars shall be paid; if granted for one year, two 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 amusement, 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 exhibitions 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. |
κ1869 Statutes of Nevada, Page 169κ
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Chap. CI.An Act amendatory of an Act entitled An Act to provide for the maintenance and supervision of Public Schools, approved March 20, 1865, and the Acts amendatory thereof.
[Approved March 6, 1869.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section Six. The Superintendent of Public Instruction shall report to the Governor biennially, on or before the first of December of the years preceding the regular session of the Legislature. The Governor shall transmit said report to the Legislature, and whenever it is ordered published the State Printer shall deliver two hundred and fifty copies to the Superintendent, who shall distribute the same among school officers of the State and of the United States. Said report shall contain a full statement of the condition of public instruction in the State; a statement of the condition and amount of all funds and property appropriated to the purpose of education; the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years; the number of such attending public schools; the number of such attending private schools; the number attending no school; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, rate bills, subscription or otherwise, by any city, town, district or county, for the support of schools therein; the amount of money raised for building school-houses, a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the State as he may think of importance. Sec. 2. 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 and the County Auditor, as 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 Treasurer in favor of the trustees of any school district in his county, for any bill duly signed by said trustees, and authorized by this Act; provided, that such warrant shall not be drawn except upon presentation of an itemized account, and until full and correct returns have been made to him, as required by law; and, provided further, that if in the opinion of the Superintendent any bill contain an exorbitant or unwarranted charge, he may refuse to draw his warrant until ordered so to do by the Board of County Commissioners, who shall act as auditors upon all bills rejected by the County Superintendent. |
Superintendent to make annual report.
Duties of County Superintendent. |
κ1869 Statutes of Nevada, Page 170 (CHAPTER 101)κ
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Powers and duties of County Superintendent.
Salary of County Superintendent.
Deputy. |
of County Commissioners, who shall act as auditors upon all bills rejected by the County Superintendent. No warrant shall be drawn in favor of any school district unless there be cash in the Treasury at the time to the credit of said district. Sec. 3. Section eighteen of said Act is hereby amended so as to read as follows: Section Eighteen. The County Superintendent shall have power, and it shall be his duty: First-To visit each public school in his county, within ten miles of the county seat, at least once in each term; provided, that he shall visit all the schools in his county, once in each year, to exercise a general supervision over the interests of the public schools in his county, and give to the School Trustees, Marshals, and Teachers, such aid as may be important to the prosperity of the schools. Second-To distribute promptly such blank reports, forms, laws, and instructions as shall be received by him from the Superintendent of Public Instruction, for the use of School Trustees, Marshals, and Teachers, and any other officers entitled to receive the same. Third-To keep on file in his office the reports of the School Trustees, Marshals, and Teachers, received by him, and to record all his official acts in a book to be provided for that purpose, and at the close of his official term to deliver to his successor such records, and all documents, books and papers belonging to his office, and to take a receipt for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fourth-To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction. Such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and Teachers, by law required to be made to the County Superintendent for the preceding school years. 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. 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. Eighth-To subscribe annually for a sufficient number of copies of an educational journal, devoted exclusively to educational purposes, (to be designated by the County Superintendent of Public Schools); 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 expenses of the district are paid, out of the county school fund. Sec. 4. Section twenty-one of said Act is hereby amended so as to read as follows: Section Twenty-one. The County Superintendent shall receive for his official services such compensation as shall be allowed by the Board of Commissioners of his county, which shall be audited and paid in the same manner as other county salaries and expenses are audited and paid; provided, that such compensation shall be at least sufficient to pay all necessary traveling expenses incurred by him in the discharge of the duties required of him by law. He may appoint a deputy, who shall have authority to transact all the business of the office, during the absence or inability of the Superintendent; provided, that the county shall not be responsible for payment of the salary of such deputy. |
κ1869 Statutes of Nevada, Page 171 (CHAPTER 101)κ
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shall have authority to transact all the business of the office, during the absence or inability of the Superintendent; provided, that the county shall not be responsible for payment of the salary of such deputy. Sec. 5. 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, as the general election in 1870, and every two years thereafter, there shall be elected by the qualified voters of the district three School Trustees, who shall enter upon the duties of their office on the first Monday of January succeeding their election, and who shall hold their office for the period of two years, or until the next general election. All vacancies occurring in the office of Trustees between this time and the general election in 1870, by reason of expiration of term or otherwise, shall be filled by the County Superintendent. School Trustees are hereby authorized to administer to each other the oath or affirmation of office. Certificates of election shall be issued the same as to county and township officers, which certificate, with the oath or affirmation indorsed thereon, shall be forwarded to the County Superintendent, who shall file the same in his office. Sec. 6. Section twenty-three of said Act is hereby amended so as to read as follows: Section Twenty-three. If the qualified voters of any district shall fail to elect school trustees, as prescribed in the next preceding section of this Act, it shall be the duty of the County Superintendent to appoint trustees for said district, who shall take the oath of office, which shall be endorsed on their appointment, and filed in the office of County Superintendent of Public Schools; and they shall hold their office until their successors are elected and qualified. Sec. 7. Section twenty-four of said Act is hereby amended so as to read as follows: Section Twenty-four. It shall be the duty of the Trustees, any two of whom shall constitute a quorum for the transaction of business, to meet as soon as practicable after taking the oath of office, at such place as may be most convenient in the district, and to organize by appointing one of their number Clerk of the Board, who shall preside at the official meetings of the Trustees, and record their proceedings in a book to be provided for the purpose; and all such proceedings, when so recorded, shall be signed by said clerk. The Trustees shall meet at least once a quarter, and as much oftener as they may deem advisable. Sec. 8. 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 all school property within their district. They shall have power to convey by deed all the estate or interest of their district in any schoolhouse 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, when the expense of such repairs will not exceed one hundred dollars, and to supply school-houses with necessary furniture, fixtures and fuel; provided, that no public school-house shall be erected in any school district in the State until the plan of the same has been submitted to and approved by the County Superintendent of Public Schools. County Superintendents may refuse to draw their warrants in payment of expenses incurred in disregard of this provision. |
Electionof Trustees.
Term of office, etc.
Oath of office, etc.
County Superintendent to appoint Trustees on failure to elect.
Duties of Trustees.
Powers of Board.
Proviso. |
κ1869 Statutes of Nevada, Page 172 (CHAPTER 101)κ
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Annual census.
Report.
Census Marshal and his duties.
Compensation.
Special tax, election to be called. |
this provision. All conveyances of real estate made to the Board of School Trustees shall be in their corporate name and to their successors in office. Sec. 9. 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 May, 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 July 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 taxations, 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. 10. 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 May, 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 May, 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 where 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 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 July 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. 11. Section thirty-five of said Act is hereby amended so as to read as follows: Section Thirty-five. The Board of Trustees of any school district may, when in their judgment it is advisable, call an election, and submit to the qualified electors of the district the question whether a tax shall be raised to furnish additional school facilities for said district, |