[Rev. 5/3/2022 8:43:10 PM]
κ1873 Statutes of Nevada, Page 45κ
LAWS OF THE STATE OF NEVADA,
passed at the
SIXTH SESSION OF THE LEGISLATURE, 1873.
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Chapter I.An Act to create certain Legislative Funds.
[Approved January 15, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the salaries of the members and attaches of the present Legislature, the mileage of the members, and the incidental expenses of the same, the Treasurer of State is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specifically appropriated, the sum of seventy-five thousand dollars, which shall constitute a Fund to be denominated the State Legislative Fund. 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 properly certified to him in accordance with law. Sec. 2. The State Treasurer is hereby authorized and required to set apart from any moneys coming into the State Legislative Fund, created by section first of this Act the sum of seven thousand dollars-three thousand of which shall constitute the Contingent Fund of the Senate, and four thousand dollars shall constitute the Contingent Fund of the Assembly. The said Contingent Funds shall be under the exclusive control of the Senate and Assembly respectively. Each House may direct the payment of moneys from its own Contingent Fund by resolution, and the Controller of State is hereby authorized and required to draw his warrant in accordance therewith. Said Funds are hereby exempted from the operation of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February seventh, eighteen hundred and sixty-five. |
State Legislative Fund created.
Contingent Funds.
To be under exclusive control of Senate and Assembly. |
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Exempt from Act relating to Board of Examiners. Money remaining to revert to General Fund. |
tion of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February seventh, eighteen hundred and sixty-five. Sec. 3. Any money that may remain in either of the Funds created by this Act, upon the adjournment of the Legislature, shall revert to the General Fund. |
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Money transferred to Redemption Fund.
Treasurer authorized to transfer money.
Repeal. Act to be in force. |
Chap II.An Act to transfer certain moneys from the Indigent Sick and Contingent Funds of Esmeralda County to the Redemption Fund of said county.
[Approved January 29, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars of the Indigent Sick Fund, and also the sum of five hundred dollars of the Contingent Fund of the County of Esmeralda, are hereby transferred to the Redemption Fund of said county. Sec. 2. The County Treasurer of Esmeralda County is hereby authorized and required to transfer from said Indigent Sick and Contingent Funds, to the Redemption Fund of said county, the sums hereinbefore specified in section one of this Act. Sec. 3. All Acts, or parts of Acts, in conflict with this Act, are hereby repealed. Sec. 4. This Act shall be in force from and after its passage. |
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Foreign insurers to file documents with Controller.
Documents to be filed. |
Chap. III.An Act to regulate and tax foreign insurance companies doing business in this State.
[Approved January 31, 1873.]
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 any person or firm, officer or agent, to collect premiums of insurance in this State, in any manner, or in any capacity whatsoever, on either life, fire, or inland risks, for or on account of any company, association, or individual insurer, not incorporated under the laws of this State, unless such person or firm, officer or agent, shall have first filed with the Controller of State the following described documents: First-A certified copy of the power of attorney, certificate of agency, open policy, commission, or other authority or agreement under which such person, firm, officer, or agent, shall claim to be authorized to collect premiums of insurance in this State. |
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ment under which such person, firm, officer, or agent, shall claim to be authorized to collect premiums of insurance in this State. Second-A good and sufficient bond, to be signed by the person or firm, officer or agent, so authorized by the power of attorney, or other 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, quarterly in advance, for a license to transact an insurance business, or such other 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 or 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 time as may be prescribed by law, inclusive of renewals on existing policies. Third, that within thirty days after the first day of June, in the year of our Lord one thousand eight hundred and seventy-three, and within thirty days after the first of June in each succeeding year, the agent or officer named in the bond shall render to the Treasurer of the county, or city and 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 the 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 amount of return premiums, The first statement shall exhibit the amounts so collected between the first day of February and the first day of June, in the year of our Lord one thousand eight hundred and seventy-three, and subsequent statements shall exhibit the amounts so collected during the year terminating on the first day of June in each year respectively, and that on filing the 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 per cent. on the amount of gross premiums, after deducting return premiums, as set forth in his statement, and collected from fire and inland risks, and a tax of one per cent on the amount of premiums collected from life risks. And for the purposes of this Act, 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, |
Same, bond.
Conditions of bond.
Stamp duties.
Statement.
What statement shall exhibit.
Who deemed agents. |
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Express companies.
Separate bond.
Violation of Act.
Penalty.
Copy of bond to be filed with County Treasurer, etc.
Separate bond for each company.
False statement.
Penalties, how collected.
Power of attorney to be filed. |
laws of this State, and engaged in collecting premiums of insurance, directly or indirectly, on fire, life, or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act; and all express companies not so incorporated, as aforesaid, engaged in the carriage of treasure or merchandise from and within this State, and insuring the same, whether themselves assuming the risks, or whether the risks be reinsured by companies or associations not chartered by this State, shall be deemed foreign insurers within the meaning of this Act, and shall be required to file with the Controller a separate bond for each express company taking risks as aforesaid and for each foreign company or association reinsuring them on such risks. Sec. 3. Every person or firm who shall effect, agree to effect, or procure any insurance for citizens of this State, from or on account of any insurers or insurance companies whatever, not incorporated under the laws of this State, from and after the passage of this Act, without first having executed and filed the bond required in section one of this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in the sum of two thousand dollars for each company or association on whose account such insurance shall have been effected; one half of such fine to be for the use of the State, and one half for the benefit of the informer. But nothing herein contained shall apply to the sub-agents or employes of any principal agent who shall have complied with the requirements of this Act. Sec. 4. A copy of the bond herein required to be filed with the Controller, certified by that officer, shall be filed with the Treasurer of the county, or city and county, where the principal office of the agency shall be located, before any license shall be issued to any agent for the transaction of insurance business, and shall remain on file in the office of the County Treasurer until he is notified in writing, by the Controller, of the termination of the agency and cancellation of the bond. Sec. 5. Whenever the same person, firm, officer, or agent shall desire to collect premiums of insurance for more than one company, association, or individual, not incorporated under the laws of this State, the Controller shall require a separate bond, as provided in section one, for each company or association so 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 in the sworn statement required by section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of perjury, and shall be liable, on conviction thereof, to the pains and penalties as provided by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the people of this State, by the prosecuting attorney of the county, or city and county, where the offense shall have been committed. Sec. 7. Said companies and associations shall duly execute, acknowledge, and deliver, and cause to be duly recorded in the office of the Controller of State, a good and sufficient power of attorney, to some person who shall be a citizen of the United States and a citizen and resident of the State of Nevada, |
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States and a citizen and resident of the State of Nevada, which power, so long as such company shall have outstanding policies of insurance in said State, shall be irrevocable, except by substitution of other person or persons qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and processes requisite and 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, in all actions or special proceedings instituted by or against any such company, in any of the Courts of this State, or in any Federal Court within this State, and which shall be necessary to the acquisition or complete exercise of the jurisdiction aforesaid of said Courts. Sec. 8. There shall be levied upon and collected from each person, firm, officer, or agent collecting premiums of insurance in this State, or in any manner or in any capacity whatsoever, on either fire, life, or inland risks, for or on account of any company, association, corporation, or individual, a license tax of twenty-five dollars per quarter year, payable quarterly in advance, to such officer as may be appointed under the revenue laws of this State. Such Collector shall account for and pay over the same at the time and in the manner that may be provided by law for the payment of other State and county licenses; the Treasurer of the county, or city and county, shall pay into the State Treasury all moneys collected under the provisions of this Act, at the same time and in the same manner as other moneys belonging to this State may be required to be paid; but nothing contained in this Act shall be construed to apply to sub-agencies reporting to and under control of the agent at the city, or city and county, where the principal office of the agency shall be located, and all requirements of this Act shall be complied with by the principal agent as aforesaid, who shall be deemed the agent for that purpose. Sec. 9. Every willful violation of the provisions of this Act shall be deemed a misdemeanor, and subject the party violating to a penalty of five hundred dollars for each violation, which shall be sued for and recovered in the name of the State of Nevada, by the District Attorney of the county in which the company or the agent or agents so violating shall be situated; and the said penalty, when recovered, shall be paid into the Treasury of said county. In case of non-payment of such penalty, the party offending shall be liable to imprisonment for a period not exceeding six months, in the discretion of any Court having jurisdiction thereof. Sec. 10. Chapter LXXX (80), entitled An Act to tax and regulate foreign insurance companies doing business in this State, approved March sixth, eighteen hundred and seventy-one (Laws of 1871), and all Acts and parts of Acts in relation to insurance companies inconsistent with the provisions of this Act, are hereby repealed. |
License tax to be levied and collected.
When paid over, etc.
To be paid into State Treasury.
Sub-agencies.
Violation of Act.
Repeal. |
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Representation. |
Chap. IV.An Act to amend an Act entitled An Act to create the County of Elko, and provide for the organization thereof, approved March fifth, eighteen hundred and sixty-nine.
[Approved January 31, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act, of which this Act is amendatory, is hereby amended so as to read as follows: Section Six. Said County of Elko shall be entitled to, and elect at the next general election, two Senators and four Assemblymen. One of said Senators shall be elected for and shall hold office as Senator for the term of two years, and the other Senators shall be elected for and shall hold office for the term of four years; and at every general election thereafter, there shall be elected one Senator to hold office for the term of four years, and four Assemblymen to hold office for the term of two years. |
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Secretary of State authorized to appoint firemen. Salary. |
Chap. V.An Act to provide firemen for the furnaces of the Capitol building during the sessions of the Legislature.
[Approved February 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is hereby authorized and empowered to appoint firemen for the furnaces of the Senate and Assembly chambers, respectively, during the sessions of the Nevada Legislature. Sec. 2. Said firemen shall receive a salary of four dollars per day, to be paid out of the Contingent Funds of the Senate and Assembly. |
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Actions to determine right of possession of mining claims. |
Chap. VI.An Act concerning the determination of conflicting rights to mining claims in certain cases.
[Approved February 10, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all actions brought to determine the right of possession of a mining claim, or metalliferous vein or lode, where an application has been made to the proper officers of the Government of the United States by either of the parties to such action for a patent for said mining claim, |
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Government of the United States by either of the parties to such action for a patent for said mining claim, vein, or lode, it shall only be necessary to confer jurisdiction on the Court to try said action, and render a proper judgment therein, that it appear that an application for a patent for such mining claim, vein, or lode, has been made, and that the parties to said action are claiming such mining claim, vein, or lode, or some part thereof, or the right of possession thereof. |
Jurisdiction. |
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Chap. VII.An Act concerning official bonds of Justices of the Peace and Constables.
[Approved February 10, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each Justice of the Peace hereafter elected or appointed in this State shall, before entering upon the duties of his office, take the oath prescribed by law, and execute a bond to the State of Nevada, to be approved by the Board of County Commissioners, in the penal sum of not less than one thousand dollars nor more than five thousand dollars, as may be designated by such Board of County Commissioners; which bond shall be conditioned for the faithful performance of the duties of his office, and shall be filed in the County Clerks office. Sec. 2. Each Constable hereafter elected or appointed in this State shall, before entering upon the duties of his office, take the oath prescribed by law, and execute a bond to the State of Nevada, to be approved by the Board of County Commissioners, in the penal sum of not less than one thousand dollars nor more than three thousand dollars, as may be designated by such Board of County Commissioners; which bond shall be conditioned for the faithful performance of the duties of his office, and shall be filed in the County Clerks office. Sec. 3. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
Justice of the Peace, oath and bond of.
Constable, oath and bond of.
Repeal. |
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Chap. VIII.An Act authorizing the School Trustees of School District Number One, of Ormsby County, to issue warrants to cover certain indebtedness for building a school house in said district.
[Approved February 11, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of School Trustees of School District Number One, Ormsby County, are hereby authorized to issue interest-bearing warrants, payable in not exceeding two years, and for a sum not exceeding, in all, five thousand dollars. |
Trustees authorized to issue interest warrants. |
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How issued. |
interest-bearing warrants, payable in not exceeding two years, and for a sum not exceeding, in all, five thousand dollars. Sec. 2. Said warrants shall be payable to bearer, and issued in sums not less than one hundred dollars, with interest, payable semi-annually, at not exceeding one and one half per cent. per month. |
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Election of State Printer.
Laws applicable to election.
Section two repealed.
When to qualify and give bond. Amount of bond. |
Chap. IX.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 tenth, eighteen hundred and sixty-five.
[Approved February 11, 1873.]
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. There shall be elected at the general election to be held in the year one thousand eight hundred and seventy-four, and every four years thereafter, by the qualified electors of the State of Nevada, a State Printer, who shall hold his office for four years, and until his successor shall have been elected and qualified; and all laws and parts of laws, applicable to the election and commission of others State officers, together with the proclamation of the Governor, shall be applicable to the election of the said State Printer, as nearly as the same can be done in accordance with the Constitution and the laws of the State of Nevada. Sec. 2. Section two of said Act is hereby repealed. Sec. 3. Section three of the said Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Three. The person receiving the commission, or certificate of election, to the office of State Printer, from the Governor, shall, within ten days thereafter, take the oath of office, and give a bond to the State, with two or more sureties, in the sum of ten thousand dollars, to be approved by the Governor, Controller, and Treasurer of State, for the faithful performance of his duties under this Act. Said oath and bond to be filed in the office of the Secretary of State without delay. |
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Preamble. |
Chap. X.An Act for the relief of the widow of Matthew Pixley.
[Approved February 12, 1873.]
Whereas, On the seventeenth day of September, A. D. eighteen hundred and seventy-one, Matthew Pixley was killed while voluntarily engaged in defense of the State Prison of the State of Nevada; therefore, |
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voluntarily engaged in defense of the State Prison of the State of Nevada; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the sum of twenty-five hundred dollars be, and the same is hereby appropriated out of any money in the General Fund of the State Treasury, not otherwise specifically appropriated, for the benefit of, and to be paid to, Mrs. Carrie Pixley, widow of said Matthew Pixley. Sec. 2. It shall be the duty of the State Controller to draw his warrant in favor of Mrs. Carrie Pixley, on the State Treasurer, for the said sum of twenty-five hundred dollars, gold coin of the United States, and the State Treasurer shall pay the same in the order of registry out of the General Fund of the State Treasury. Sec. 3. This Act shall be in force from and after its passage and approval. |
Appropriation to Mrs. Pixley.
Controller to draw warrant, etc. |
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Chap. XI.An Act to amend section twenty-nine of an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, as amended by section one of an Act approved March first, eighteen hundred and seventy-one.
[Approved February 14, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-nine of said Act is hereby amended so as to read as follows: Section Twenty-nine. The District Attorneys of the several counties of this State are hereby authorized and directed, immediately after the time specified in the preceding section, to commence action in the name of the State of Nevada, against the person or persons so delinquent, and against the real estate and improvements assessed so delinquent, and against all owners or claimants to the same, known or unknown; provided, that before commencing any suit for the collection of delinquent taxes, where the amount is less than three hundred dollars, the District Attorney shall submit to the Board of County Commissioners, at a meeting of said Board, to be held for that purpose, on the second Monday of December in each year, the delinquent list, showing the several amounts of taxes then delinquent, and from whom due; and said Board of Commissioners shall then, or at such time thereafter as they may deem proper, direct suits to be commenced for the collection of such sums then delinquent as they may deem expedient; and no suit for the collection of delinquent taxes, where the amount is less than three hundred dollars, shall be commenced except by the direction of said Board; |
District Attorneys authorized to commence actions for delinquent taxes. Proviso. |
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Proviso. |
Board; and, provided further, that nothing herein contained shall be construed to prohibit or authorize the Board of Commissioners to prohibit the District Attorney from commencing any suit for the collection of delinquent taxes, where the amount of tax delinquent exceeds three hundred dollars, and all suits brought by the District Attorney for the collection of delinquent taxes, shall be prima facie to have been brought by the direction of the Board of County Commissioners. |
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Assessors required to pay over poll taxes monthly. |
Chap. XII.An Act to require Assessors to pay over to the County Treasurer monthly all poll taxes collected.
[Approved February 14, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the duties of the Assessor as now prescribed by law, the Assessors of the several counties in this State shall, on the first Monday in each month, pay over to the County Treasurer all moneys in his hands collected as poll taxes, less his commission of ten per cent., and take duplicate receipts therefor, and file one of them with the County Auditor. |
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Funding Commissioners created.
Duty to prepare bonds, etc. |
Chap. XIII.An Act to consolidate and fund the indebtedness of Lincoln County.
[Approved February 17, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In order to consolidate and fund the entire indebtedness of the County of Lincoln, for which certificates of indebtedness have been issued, and place all of its financial transactions upon a cash basis, the Chairman of the Board of County Commissioners, the Auditor, and County Treasurer, of said county, and their successors in office, shall constitute and are hereby created a Board of Commissioners, to be known and styled as the Funding Commissioners of the County of Lincoln, of the State of Nevada, and shall have and exercise the powers hereinafter provided. Sec. 2. It shall be the duty of said Funding Commissioners to cause to be prepared bonds equal to the present county indebtedness, together with all the indebtedness that shall have accrued, for which warrants have or may be issued before the first day of March, A. D. one thousand eight hundred and seventy-three. |
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seventy-three. Said bonds shall be of the denomination of one hundred, three hundred, and five hundred dollars, and each and every bond purport in substance that the County of Lincoln, State of Nevada, owes the holder thereof, a sum to be expressed therein, bearing interest at the rate of ten per cent. per annum, from the first day of March, A. D. one thousand eight hundred and seventy-three; the interest to be paid upon presentation at the office of the County Treasurer, on the first day of January, one thousand eight hundred and seventy-four, and on the first day of January annually thereafter, until said bonds are paid and liquidated. Said bonds shall be due and payable in gold coin at the office of the County Treasurer of said County of Lincoln, on or before the first day of January, one thousand eight hundred and eighty-three. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county and countersigned by the County Auditor, and indorsed by the County Treasurer, and shall have the seal of the county affixed thereto. Sec. 3. It shall be the duty of said Funding Commissioners to keep an account of the number, denomination, and amount of all bonds signed by them in accordance with this Act; and it shall be the duty of said Commissioners to examine all certificates of indebtedness presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurers and Auditors books, corresponding to the entries therein, and no others than those found to be true and lawful ones against the County of Lincoln shall be funded. Sec. 4. It shall be the duty of the Auditor and Treasurer, each to keep a separate record of all such bonds as may be issued in accordance with this Act, showing the number, date, and amount, and to whom issued, together with the coupons that may be issued. Sec. 5. Coupons for the interest shall be annexed to each bond; said coupons shall be numbered, and express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. Sec. 6. All persons having any certificate of indebtedness of the County of Lincoln, payable on or before the first day of March, one thousand eight hundred and seventy-three, whether in certificates drawn upon the Treasurer, or account audited and allowed by the Board of County Commissioners, before the first day of March, one thousand eight hundred and seventy-three, shall be entitled to fund the same by virtue of this Act; provided, that for any fractional sum less than the amount of the bonds authorized to be issued by this Act, said Commissioners shall issue to the holder of the county warrant, or such other evidences of indebtedness as may have been audited or allowed by the Board of County Commissioners, a certificate of such fractional sum; and upon presentation of the same to the County Auditor, |
Bonds, denomination of, etc.
Commissioners to keep account of bonds.
Separate record of bonds.
Coupons.
Who entitled to fund.
Proviso. |
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Redemption of bonds.
Interest tax to be levied and collected.
How applied. Proviso.
Arrangements for payment of interest.
Sinking Fund to be set apart.
Advertisement for surrender of bonds. |
County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified; and said warrant thus drawn must be presented to the Treasurer of said county within eight months after the first day of March, one thousand eight hundred and seventy-three. And said warrants shall be payable in coin, in their regular order of payment, according to the number and date thereof. Sec. 7. Whenever any bonds shall have been paid and redeemed by the County Treasurer, he shall mark the same Canceled over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor; and the County Auditor, upon the receipt of such canceled bonds, shall file the same in his office. Sec. 8. In addition to the ordinary taxes for county purposes, there shall be for the year one thousand eight hundred and seventy-three, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax, to be called the interest tax, of forty-five cents on each one hundred dollars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and paid over to the County Treasurer. The fund derived from this tax shall be applied only to the payment of the interest accruing upon said bonds as herein provided; provided, that should said funds furnish a surplus over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the Sinking Fund herein provided for. Sec. 9. It shall be the duty of the County Treasurer of Lincoln County to make such arrangements for the payment of the interest of said bonds when the same falls due, at least thirty days before the time of payment; and in the event said Interest Fund is insufficient, the Treasurer shall draw on the General Fund of the county for such purpose; and in the event that said Fund shall prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and for the protection of the credit of the County of Lincoln. Sec. 10. It shall be the duty of the Treasurer of said county to set apart a Fund to be called the Sinking Fund of the County of Lincoln. Into said Fund shall be paid: First, any and all surplus of the Interest Fund as aforesaid; each of said payments shall be continued until the said Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds; and when the same shall have been paid and liquidated, the same shall cease, and all surplus remaining in the Sinking Fund shall be paid into the General Fund of said county. Sec. 11. Whenever at any time there shall be in the Sinking Fund a sum of money amounting to one thousand dollars or upwards, the County Treasurer shall advertise in a newspaper published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds; but in case there be no newspaper published in said county, said advertisement shall be published in some newspaper having the largest circulation in said county, to be designated by the County Auditor; the advertisement to specify the day, hour, and place the sealed proposals will be opened. |
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lation in said county, to be designated by the County Auditor; the advertisement to specify the day, hour, and place the sealed proposals will be opened. Sec. 12. At the time specified, the Treasurer shall open the sealed proposals at his office, in the presence of the Board of County Commissioners and Auditor, and such other persons as may wish to be present; and shall pay and liquidate such bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be for more than their par value; and, provided further, that if there be no sealed proposals made, or offered, for the surrender and payment of said bonds, then, in that case, it shall be the duty of the County Treasurer to advertise, in the manner as before mentioned, for a period of not less than twenty or more than thirty days, for the surrender and payment of as many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment; commencing with number one, two, and three, and so continue the payment in that order according to their number and date; and in the event that the holder or holders of the bond or bonds, first in order of payment, shall fail to present his or their bond or bonds for payment, at the office of the County Treasurer, in the Town of Pioche, at the time indicated in the before mentioned advertisement, then, in that case, the said bond or bonds shall cease to draw interest from such date named in the advertisement for the payment of the same. And in like manner the County Treasurer shall continue to advertise the next bond or bonds in order of payment, according to the number and date, and if the holder or holders thereof fail to surrender for payment as provided, the interest on said bonds shall cease. The County Treasurer shall continue to advertise, from time to time, as provided, until the whole amount of bonds has been advertised, or the amount of money in the Sinking Fund shall have been paid out in their redemption, as heretofore provided; and, provided, that should there be no proposals made for less than par value, then the payment shall be made pro rata on all of said bonds; provided further, that said bonds upon which interest shall have ceased in consequence of the holder or holders thereof having failed to present the same for payment, as above provided in this Act, then, and in that case, said bonds shall have preference over the interest-bearing bonds in order of payment, and shall be paid in their regular order of date and payment, but under the same rules, regulations, and restrictions, as provided in this Act for interest-bearing bonds. Sec. 13. A full and particular account and record of the Sinking Fund shall be kept by the Treasurer, and shall at all times be open for the inspection of the Auditor, Board of Commissioners, and Grand Jury; and, upon demand of the Grand Jury of said county, the Treasurer shall cause a concise statement to be made of the condition and business of said Fund, and the amount of bonds issued, and to whom issued. Sec. 14. The County Treasurer shall pay out of any money in the Treasury not otherwise appropriated, any and all expenses that may be incurred in having said bonds prepared, not to exceed the sum of four hundred dollars. |
Proposals opened.
Payment. Proviso. Proviso.
When interest to cease.
Advertisement to be continued.
Proviso.
Record, etc., of Sinking Fund to be kept.
Expenses of preparing bonds. |
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Compensation of Commissioners.
Advertisement for funding.
When Treasurer prohibited from paying certificates.
Commissioners limited in contracting liabilities.
Officers not complying with Act guilty of misdemeanor. Penalty.
Substance of section to be given in charge to Grand Jury.
Power of District Court.
Fines, etc.
Transfer of money. |
that may be incurred in having said bonds prepared, not to exceed the sum of four hundred dollars. Sec. 15. The Funding Commissioners shall receive such compensation for their services as the Board of County Commissioners may allow, to be paid out of the County Treasury, as other charges against the county are paid. Sec. 16. On the first day of March, one thousand eight hundred and seventy-three, the County Treasurer of Lincoln County shall advertise in some newspaper, as heretofore provided, for the period of twenty days, that from and after that day the funding of the then outstanding warrants of Lincoln County will commence, from which time it shall not be lawful for the Treasurer of said county to pay or liquidate any of the outstanding certificates of said county in any other way than by funding it [them] in accordance with the provisions of this Act; nor shall said Treasurer, under any pretense whatever, liquidate, pay, or cause to be paid, any portion thereof, only in accordance with the provisions of this Act. The expense for publishing, as provided in this Act, shall be paid out of the General Fund of the county. Sec. 17. On and after the first day of March, one thousand eight hundred and seventy-three, the Board of County Commissioners of said county shall contract no debt, and incur no liabilities that shall singly or in the aggregate with any other previous debt or liabilities contracted or incurred after the said first day of March, exceed the sum of nine thousand dollars more than the amount of money in the County Treasury subject to the payment of the same. Sec. 18. Any county officer or officers of the County of Lincoln who shall willfully neglect or refuse to comply with the requisitions or provisions of this Act, shall be deemed guilty of misdemeanor in office, and shall be fined in any sum not less than two hundred or more than one thousand dollars, to be recoverable before any Court of competent jurisdiction, or dismissal from office, or both such fine and dismissal, in the discretion of the Court. And it is hereby made the duty of the District Judge of Lincoln County to give the substance of this section in charge to the Grand Jury at each session, making it their duty to inquire and investigate as to any infraction or violation of this Act by any of the officers herein named, whose duty it is to carry into practical effect the provisions of this Act. And it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act. Sec. 19. The District Court of Lincoln County shall have power to enforce obedience to the provisions of this Act, and for that purpose shall have full power to issue process of mandamus, prohibition, and all other writs that may be required that are authorized by law. Sec. 20. All fines and penalties collected under the provisions of this Act shall be paid into the School Fund. Sec. 21. At the first meeting in December in each year of the Board of County Commissioners of said county, they may transfer any surplus money there may be in the General Fund of said county to the Sinking Fund created by this Act; provided, there shall be left in the Treasury a sufficient amount to defray the current expenses of said county for the six months next ensuing. |
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vided, there shall be left in the Treasury a sufficient amount to defray the current expenses of said county for the six months next ensuing. |
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Chap. XIV.An Act to remove the county seat of Humboldt County.
[Approved February 17, 1873.]
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 May, one thousand eight hundred and seventy-three, the county seat of Humboldt County shall be located at the Town of Winnemucca, in said county. Sec. 2. It shall be the duty of all officers of said county, who are required by law to keep their offices at the county seat, to remove the same to said Town of Winnemucca, on the week next preceding the said First day of May, A. D. eighteen hundred and seventy-three. Sec. 3. The County Commissioners of said county shall provide for the removal of the archives of said county, and all other movable property belonging to said county, to said Town of Winnemucca, and shall have power to sell and convey any real or immovable property situated in the Town of Unionville belonging to said Humboldt County, and shall pay the proceeds of such sales into the County Treasury of said county. Sec. 4. It shall be lawful for the Board of County Commissioners of Humboldt County, and it is hereby made their duty, to provide for the use of the various public officers such buildings, rooms, or offices, as are required by law. |
County seat located at Winnemucca.
County officers required to remove offices. Commissioners required to remove archives, etc.
To provide offices, etc. |
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Chap. XV.An Act to amend an Act entitled an Act to authorize the State Treasurer to employ a Clerk, and fixing his compensation, approved March ninth, eighteen hundred and sixty-five, approved March first, eighteen hundred and sixty-six.
[Approved February 17, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. The State Treasurer is hereby authorized to employ a deputy, whose compensation shall be two hundred and fifty dollars per month. |
Authorized to employ a deputy. |
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Compensation, how paid. |
Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section Two. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasury, in favor of such deputy, for the amount of his compensation then due, and the State Treasurer shall pay the same, out of any moneys in the State Treasury not otherwise specially appropriated. |
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Compensation.
Compensation in new counties. |
Chap. XVI.An Act to amend an Act entitled an Act concerning District Attorneys, approved March eleventh, eighteen hundred and sixty-five, approved February twenty-sixth, eighteen hundred and sixty-six, approved March eleventh, eighteen hundred and sixty-seven.
[Approved February 17, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the above entitled Act is hereby amended so as to read as follows: Section Four. The District Attorney of each county in this State shall receive for his services, annually, a compensation, to be paid in four equal quarterly payments, as follows: First-Of the County of Storey, two thousand dollars. Second-Of the County of Esmeralda, one thousand dollars. Third-Of the County of Lander, two thousand dollars. Fourth-Of the County of Humboldt, one thousand dollars. Fifth-Of the County of Ormsby, one thousand dollars. Sixth-Of the County of Washoe, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy-five. Seventh-Of the County of Lyon, fifteen hundred dollars. Eighth- Of the County of Churchill, six hundred dollars. Ninth-Of the County of Nye, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy-five. Tenth-Of the County of Douglas, one thousand dollars. Eleventh-Of the County of Lincoln, two thousand dollars. Twelfth-Of the County of White Pine, fifteen hundred dollars, after the first day of January, A. D. eighteen hundred and seventy-five. Thirteenth-When any new county shall be created hereafter, the District Attorney for such county shall receive for his services an annual salary, not exceeding fifteen hundred dollars, as the County Commissioners of such county may determine. Sec. 2. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. |
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Chap. XVII.An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, approved March eleventh, eighteen hundred and sixty-seven, approved March third, eighteen hundred and sixty-nine, approved March fourth, eighteen hundred and seventy-one.
[Approved February 20, 1873.]
The People of the State of Nevada, represented in Senate and 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 named 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, eight hundred dollars, after the first day of January, A. D eighteen hundred and seventy-five; of Lyon County, twelve hundred dollars, after the first day of January, eighteen hundred and seventy-three; of Washoe County, twelve hundred dollars, after the first day of January, A. D. eighteen hundred and seventy-five; of Churchill County, six hundred dollars; of Lander County, fifteen hundred dollars; of Humboldt County, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy-five; of White Pine County, fifteen hundred dollars, after the first day of January, A. D. eighteen hundred and seventy-five; of Elko County, two thousand dollars; of Lincoln County, eighteen hundred dollars; of Nye County, twelve hundred dollars, after the first day of January, A. D. eighteen hundred and seventy-five. 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; provided, that whenever, at the end of any quarter, 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 Fund, or from the first money that shall come into the said General County Fund, not otherwise specially appropriated, an amount sufficient to pay said salary; and, provided further, that whenever, at the end of any year, there shall remain any money in the said Fund, after paying the Treasurers salary, the Board of County Commissioners shall cause the money so remaining to be transferred into the General County Fund. Sec. 2. No warrant shall be drawn on said Fund except to pay the salary of the County Treasurer. Sec. 3. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. |
Salaries of County Treasurers.
When money to be set apart to pay salary.
When surplus to be transferred to General Fund.
Warrant drawn on Fund only for salary. |
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Salary.
Contingent expenses. |
Chap. XVIII.An Act to amend an Act entitled An Act defining the duties of the Attorney General of the State of Nevada, approved March eleventh, eighteen hundred and sixty-seven.
[Approved February 20, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight, of the above entitled Act, is hereby amended so as to read as follows: Section Eight. The Attorney General shall receive as salary the sum of thirty-six hundred dollars per annum, payable quarterly; and he shall receive, in the performance of his duty as Attorney General, no other compensation whatever. And except the necessary contingent expenses of the office, no claim against the State created in the office of the Attorney General, or in the performance of any duty of the Attorney General, shall be paid or allowed, unless the same be first approved by the Board of Examiners, and afterwards presented to the Legislature and a law enacted for the payment of the same. Sec. 2. This Act to take effect, and be in force, from and after the first Monday of January, A. D. eighteen hundred and seventy-five. |
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Challenges not to be severed. |
Chap. XIX.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 twenty-sixth, eighteen hundred and sixty-one.
[Approved February 20, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and twenty of said Act is hereby amended so as to read as follows: Section Three Hundred and Twenty. When several persons, jointly indicted, are tried together, they are not allowed to sever their challenges, but must join therein. |
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Chap. XX.An Act concerning records now in the custody of County Recorders of this State.
[Approved February 20, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this State, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Sec. 2. Copies of the records of all such instruments mentioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded. |
Mining records, etc., to impart notice.
Proviso.
Copies may be read in evidence. |
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Chap. XXI.An Act to limit the compensation of County Auditors for extending the taxes on the assessment roll.
[Approved February 20, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Auditors of the several counties shall be allowed such compensation as may be fixed by the Board of County Commissioners for extending the taxes on the assessment roll, not to exceed fifteen cents per folio of one hundred words; provided, that in no case shall the Auditor receive more than three hundred dollars for such service in any one year. |
Compensation for extending taxes on assessment roll. Proviso. |
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Acts repealed.
Use of stamps rendered unnecessary.
Proviso.
County Treasurers required to settle stamp accounts with State Treasurer.
Notice of redemption
Redemption, how made. |
Chap. XXII.An Act to abolish the use of State revenue stamps, and to provide for the settlement of outstanding stamps.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That sections one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-eight, one hundred and thirty-nine, one hundred and forty, of an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and section one hundred and thirty-nine of an Act entitled An Act to further amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March first, eighteen hundred and sixty-six; An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada; approved March ninth, eighteen hundred and sixty-five, approved March fourth, eighteen hundred and seventy-one, and all Acts and parts of Acts amendatory thereof or supplementary thereto, be and the same are hereby repealed. Sec. 2. From and after the passage of this Act, the appendage and canceling of the stamps described in the schedule contained in section one of 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, eighteen hundred and sixty-five, approved March fourth, eighteen hundred and seventy-one, shall no longer be necessary, nor shall affect the validity of any instrument, matters, or things mentioned in said schedule; provided, that nothing herein shall be construed to affect any instrument made, signed, or issued prior to the passage of this Act. Sec. 3. Within ten days after the passage of this Act the State Treasurer shall notify the respective County Treasurers to settle their State revenue stamp accounts with the State Treasurer within sixty days thereafter. In making said settlement, it shall be the duty of the said County Treasurers to publish a notice for ten days in one newspaper in his county, or, if no newspaper be published therein, to post at least three written notices in public places therein, that said County Treasurers will redeem all outstanding uncanceled State revenue stamps on presentation of the same at this office. The County Treasurer shall redeem said outstanding State stamps as presented pursuant to said notice, and the same shall be a charge against the State. And he shall immediatety thereafter transmit to the State Treasurer a statement of the stamps so redeemed, together with a statement in full of all stamps with which he stands charged by the State; and he shall at the same time transmit to the State Treasurer all uncanceled stamps in his possession, together with all moneys received from the sale of stamps to that date. |
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stands charged by the State; and he shall at the same time transmit to the State Treasurer all uncanceled stamps in his possession, together with all moneys received from the sale of stamps to that date. Sec. 4. It shall be the duty of the State Treasurer to receive and to turn over to the State Controller all uncanceled stamps so returned from the County Treasurers, together with all stamps in his possession, and the State Controller shall credit the State Treasurer with the amount so received. The State Controller shall preserve said stamps so received in his office, and the same shall be his vouchers in his settlement with the State. Sec. 5. In order that full settlement may be made between the State Treasurer and the State, on stamp account, the State Controller is hereby authorized, on satisfactory proof being furnished him of the fact and amount of any defalcation by a County Treasurer on account of State stamps, to credit the State Treasurer with the amount of said defalcation; provided, nothing herein contained shall be construed to relieve the bondsmen of the County Treasurers for liability on account of said defalcation. |
State Treasurer required to receive uncanceled stamps and turn them over to the Controller. Controller to preserve stamps for vouchers. State Treasurer to be credited with defalcation by County Treasurer. Proviso. |
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Chap. XXIII.An Act to amend an Act entitled An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and the Acts amendatory thereof, approved March sixth, eighteen hundred and sixty-nine.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act, of which this is amendatory, is hereby amended so as to read as follows, to wit: Section One. In all cases where a railroad is located, and is being or has been constructed in or through two or more of the counties of this State, the President, Secretary, general superintendent, or managing agent of the corporation, company, or person owning the same, or some managing agent thereof within the county, shall, within a reasonable time after demand by the County Assessor of any county in or through which such road is being or has been constructed, furnish to such Assessor a statement, under oath or affirmation, which shall be in writing, duly subscribed and sworn to before some officer within this State authorized by law to administer oaths, setting forth the length of said road in such county, and the value thereof, with a list of the property, real and personal (except rolling stock), pertaining thereto; also, the whole length of said road within the State, and the number and value of all locomotives and cars, |
Railroad companies required to furnish statement, etc., to Assessor. |
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of all locomotives and cars, commonly known as rolling stock, used on said road within this State, an apportionment of the value of such rolling stock to such county; the same to be estimated according to the proportion which the portion of said road in said county bears to the whole length of said railroad within this State. |
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Taxes on real property on territory claimed by two counties may be paid in either county. |
Chap. XXIV.An Act to regulate the collection of taxes in disputed territory between counties.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When real property is assessed by the County Assessors of two counties on territory claimed by both, the owner of the real estate assessed is hereby authorized to pay said taxes in either county that he may select, and in case of suit being brought for the non-payment of said taxes in the county in which said suit may be brought, the production of a tax receipt for the current year on said property, signed by the proper officer, although in an adjoining county claiming jurisdiction of a date prior to the commencement of said action, shall entitle said taxpayer to a dismissal of said suit, free of cost. |
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County Commissioners granted additional powers. |
Chap. XXV.An Act providing for the government of the towns and cities of this State.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the powers and jurisdiction conferred by other laws, the Boards of County Commissioners of the counties of this State shall have the following with regard to the management of the affairs and business of any town or city in their respective counties: First-To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised. Second-To institute and maintain any suit or suits, in any Court or Courts, necessary in their judgment to enforce or maintain any right or rights of said town or city; all such suits shall be instituted and prosecuted in the name of the Board of County Commissioners, for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings and proceedings. |
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Third-To levy a tax, not exceeding one per cent. per annum upon the assessed value of all the real and personal property situated in said town or city, made taxable by law for State or county purposes. Fourth-To lay out, extend, and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said Board may, in its discretion, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk, or proposed sidewalk, may be, and may make such cost of improvement, repairs, or building, a lien upon such property. Fifth-To condemn property for the use of the inhabitants of said town or city in the manner hereinafter provided. Sixth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish, and disband fire companies in said city or town. Seventh-To regulate the storage of gunpowder, and other explosive or combustible materials, within said town or city. Eighth-To determine what shall be deemed nuisances in such town or city, and provide for the punishment, prevention, and removal of the same. Ninth-To fix and collect a license tax on and regulate all theaters and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements, within said town or city; to fix and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables, and livery stable keepers, within said town or city, and express companies, persons engaged in the business of transmitting letters or packages, stage companies, or the owners of stages or stage lines, who have a place of business in said town or city, or any agency therein; to license and regulate auctioneers and stock brokers within said town or city; to license, tax, and regulate and prohibit, or suppress, all tippling houses, dram shops, saloons, and raffles, and license or tax all hawkers, peddlers (provided that no tax or license shall be required for peddling the agricultural productions of the State), pawnbrokers, refreshment or coffee stands, booths, and sheds, within said town or city; to regulate, or prohibit, or suppress prostitution and unlicensed gaming and disorderly houses, dance houses, and houses of ill-fame, within said city or town; to levy and collect an annual tax upon all dogs within said town or city, and provide for the extermination of dogs for which such tax shall not have been paid, and to prevent all other animals from running at large in said town or city; to fix and collect a license tax upon all professions, trades, or business within said town or city, not heretofore specified. Tenth-To provide for the issuance of all licenses in this Act mentioned or authorized to be issued, and to fix the terms on which, and the sums for which, the same shall be issued. |
County Commissioners granted additional powers. |
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County Commissioners granted additional powers. |
Eleventh-To prevent, punish, and restrain any disorderly conduct within said town or city. Twelfth-To hold, manage, use, and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it is appraised by three appraisers, taxpayers of said town or city, at the actual market value, nor shall it be sold for less than three fourths of such appraised value. Thirteenth-To fix and prescribe the punishment for the breach of any ordinance made or adopted by said Board of County Commissioners, to be enforced within said town or city; but no fines shall be imposed for one offense in a sum greater than five hundred dollars, and no term of imprisonment shall be more than six months; but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city; provided, nothing herein contained shall authorize the formation of a chain gang in such town or city. Fourteenth-To pass or adopt all ordinances, rules, and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred, and to audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The Board of County Commissioners shall appoint one referee, and the claimant or claimants or owner or owners of the property to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or claimants interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest therein by them appraised, shall be reported to said Board of County Commissioners, 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 claimants, owner or owners thereof, or his or their agent or attorney, such property or the interest therein appraised, shall become and be the property of said town or city, and said Board of County Commissioners may at any time after twenty days notice cause the Sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by the Board of County Commissioners to appoint a referee to value such property, then said Board of County Commissioners shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding; but no act of condemnation of property, or of any claim of interest therein, as herein provide, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; |
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asserted claim thereto or right therein; and in the condemnation of property, as in this Act provided, the referees or County Commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned. Sec. 2. Said Board of County Commissioners may annually, at the time of assessing or fixing the amount of taxes for county purposes, assess, fix, and designate the amount of taxes that shall be levied and collected for city or town purposes, on all real and personal property assessable for State or county purposes within any town or city in their county, which said taxes shall be collected at the same time, in the same manner, and by the same officers as provided in the revenue laws of this State for the levying and collecting of State and county taxes, and said revenue laws shall in every respect, not inconsistent with the provisions of this Act, be deemed and held applicable to the levying and collecting of the taxes hereinbefore mentioned; and in all cases where said Commissioners or the County Assessor or District Attorney of said county, or any other officer, or any Judge or Justice of the Peace of said county, is required or authorized by law to adopt or use any form appertaining to the assessment or collection of county taxes; he or they may also adopt or use a similar form in relation to assessing, levying, and collecting the taxes herein provided for, and may use the same in any book, paper, or document in which he or they have used the first named form; and in filling up the blank of said last named form, there shall be inserted the name of said town or city, using the name by which it is commonly designated, or such name as will enable the inhabitants thereof to know that their town or city, as the case may be, is intended to be named in said book, paper, or document; and all suits instituted to collect State or county taxes on real or personal property assessed in said town or city, shall also include the unpaid taxes herein authorized to be levied, and the judgments therein rendered shall also include such taxes. Sec. 3. All taxes, fines, forfeitures, or other moneys collected, or received by any officer or person under or by virtue of the provisions of this Act, shall be paid by the officer or person collecting or receiving the same to the County Treasurer of the county in which said taxes or moneys were collected or received; and said County Treasurer shall set the same apart as a Fund to be used solely for the benefit of the town or city in which they were collected or received. He shall also enter the same upon his books to the credit of said town or city, and shall, when required by the Board of County Commissioners, divide said Fund into two Funds, one to be designated as the General Fund, the other as a Redemption Fund; and he shall not pay any money out of said General Fund except upon warrants drawn upon him by the County Auditor of his county, nor pay any money out of said Redemption Fund except in the manner specified in this Act, until otherwise ordered by the Board of County Commissioners. |
To fix and assess the amount of taxes to be levied.
Moneys collected to be paid into County Treasury.
General and Redemption Funds. |
κ1873 Statutes of Nevada, Page 70 (CHAPTER 25)κ
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Transfer of money.
Fees, etc., to be paid out of General Fund.
Claims allowed, to be certified to Auditor.
Form of warrant.
Notice of outstanding warrants to be posted. |
specified in this Act, until otherwise ordered by the Board of County Commissioners. All such money shall be held in the General Fund; but if at any time after creating a Redemption Fund there shall be more money in the General Fund than is necessary to meet current expenses, said Board of Commissioners may direct the Treasurer to transfer such surplus to the Redemption Fund, and the same shall thereafter be disposed of as other moneys belonging to that Fund. Sec. 4. All fees and salaries of officers provided for in this Act, and all expenses incurred in carrying on any government herein provided for, shall be paid out of the General Fund of the town or city to the affairs of which said government relates. All claims for such fees, salaries, and expenses, shall be presented to the Board of County Commissioners, who shall consider and allow or reject the same, and a record of their action shall be entered upon their minutes. If allowed in whole or in part by a majority vote of all the members composing said Board, the Clerk of said Board shall certify the claims to the Auditor, who shall thereupon issue his warrant to the claimant, substantially in the following form:
No.------ The ---------, A. D. 18---. The County Treasurer of ----- County will pay to -----the sum of ----- dollars, in gold coin, for (stating in general terms the nature of the claim) and charge the same to the General Fund of the (town or city of) -----. $---. ----- -----, County Auditor.
He shall appropriately fill all blanks. Upon having presented to him any warrant, the County Treasurer shall immediately pay the same, if he has money in his hands sufficient therefor belonging to the Fund upon which it is drawn; but if he has not such money he shall indorse on said warrant Not paid for want of funds, adding thereto the date of indorsement and signing his name officially to the same; and thereafter he shall pay said warrant out of the first money applicable thereto coming into his hands. Before twelve oclock on the first Monday in each month, the County Treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the Treasury to pay. On paying any warrant, the Treasurer shall write across the face thereof, in red ink, Redeemed, with the date of redemption, and sign his name officially thereto; and said warrant so canceled shall be sufficient voucher for the Treasurer in his official settlement. The Chairman of the Board of County Commissioners, or some member of the Board, designated by the Chairman, shall once in every three months examine the books and vouchers of the County Treasurer concerning the state of the finances in his hands, in this Act mentioned, and report the result to the Board, which report shall be spread upon the minutes of said Board. Sec. 5. The holder of any claim or demand, in this Act mentioned, which has been rejected, in whole or in part, may, within six months after the same has been so rejected, commence an action in any Court of competent jurisdiction of the county for the amount of his claim, or the rejected part thereof, as the case may be. |
κ1873 Statutes of Nevada, Page 71 (CHAPTER 25)κ
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six months after the same has been so rejected, commence an action in any Court of competent jurisdiction of the county for the amount of his claim, or the rejected part thereof, as the case may be. The Board of County Commissioners shall be the defendant named in said action, and the service of summons shall be made upon the Chairman or Clerk thereof. In case of final recovery by the plaintiff, the Board of County Commissioners shall audit and allow his claim for the amount of the judgment recovered. Sec. 6. In all cases where a town or city in any county in this State has been incorporated by Act of the Legislature of this State, or the late Territory of Nevada, or otherwise, or may be incorporated, and the same has been or may hereafter be disincorporated, the Board of County Commissioners of said county shall take possession of all the books, papers, documents, money, credits, claims, demands, and property of said town or city, and collect, hold, or dispose of the same for the use and benefit of the inhabitants thereof; and in case said town or city shall have been at the time of disincorporation involved in debt, said Board of County Commissioners shall ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof, from date, at the rate of seven per cent. per annum, to be issued to holders of said indebtedness, which said evidences of indebtedness shall be in the following form, to wit:
No.---. The ---------, A. D. 18---. $-----. This is to certify that the (designating the town or city by its corporate name) is indebted to ----- in the sum of ----- dollars, principal, and ----- dollars, interest, payable out of the Redemption Fund of said -----; said principal sum of ----- dollars to bear interest from this date at the rate of seven per cent. per annum, principal, interest and accruing interest, payable in gold coin of the United States ------- --------, Chairman of the Board of County Commissioners of ----- County, Nevada. ------- -------, Clerk of ------ County, Nevada.
All blanks to be appropriately filled. But no such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip, or other instrument, unless the same is filed with the Clerk of the Board of County Commissioners within three months after the disincorporation of said town or city. The County Treasurer shall, upon being required so to do by the Board of County Commissioners, set apart in the Redemption Fund of said town or city, twenty per cent. of all moneys coming into his hands for the use or benefit thereof, and shall only use the money of said Redemption Fund in the payment of the evidences of indebtedness hereinbefore mentioned, and interest thereon, as in this Act provided. Sec. 7. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars or over, it shall be the duty of said Treasurer to give ten days notice that sealed proposals, directed to him, will be received for the surrender of indebtedness, payable from said Fund, which sealed proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of such notice. |
When holder of rejected claim may commence action.
Duty of Commissioners in relation to disincorporated town or city.
Evidences of indebtedness to be issued.
Form of.
Time for filing evidence of indebtedness.
Treasurer to set apart money.
Proposals for surrender of indebtedness |
κ1873 Statutes of Nevada, Page 72 (CHAPTER 25)κ
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Duty of County Treasurer.
Proposals opened, etc.
Description of accepted bids to be kept.
Payment.
Vouchers. Preference when bids are equal. |
render of indebtedness, payable from said Fund, which sealed proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of such notice. Said notice shall be given by publication thereof in some newspaper published in the county, if there be one, or if there be no newspaper published in the said county, then by posting such notice in five public places of the town or city the funds of which it is proposed to use in making the redemption mentioned in the notice aforesaid. Sec. 8. At the first regular meeting of the Board of County Commissioners, after notice has been given as hereinbefore required, the said County Treasurer shall appear before said Board, and deliver to them all of the sealed proposals received by him up to that date, and shall then and there upon his oath show to the satisfaction of said Board that neither of said sealed proposals have been opened, examined, or inspected by himself, or any other person, since the same has come into his custody, and shall file with the Clerk of said Board his affidavit, showing that notice of receiving said sealed proposals has been given as hereinbefore required. Said Board of County Commissioners shall thereupon open or cause to be opened all of said sealed proposals, examine the same, and cause copies thereof to be entered in the record of their proceedings, and shall accept the lowest bid or bids for the surrender of the evidences of indebtedness aforesaid, to the extent of the sum mentioned in the notice given by the Treasurer as aforesaid; provided, that no bill shall be considered which is not accompanied with the evidences of indebtedness proposed to be surrendered. No bid for more than par value shall be accepted, nor shall any proposal be withdrawn after it has been delivered to the Treasurer. Sec. 9. When any bids are accepted, as provided in the last section, the Clerk of the Board of County Commissioners and the County Treasurer shall each take a description of the 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 their respective offices, and thereupon the Board of County Commissioners shall, by order, direct said Treasurer to pay the indebtedness designated in the accepted bid or bids, and said Treasurer shall pay the same, according to the terms of said order, and shall immediately cancel the evidences of indebtedness so paid by him, by writing across the face thereof, in red ink, the word Redeemed, adding thereto the time when the same was redeemed, and the amount paid therefor, and shall sign the same officially. The order of the Board of County Commissioners aforesaid, with the record made by the County Clerk and Treasurer, as hereinbefore required, and the redeemed evidences of indebtedness, shall be sufficient vouchers for the County Treasurer, in the settlement of his accounts. The bids specified in section eight being equal, preference shall be given to those in which the greatest percentage is principal. That shall be deemed the lowest bid which offers the largest amount of indebtedness, including principal and interest, for the smallest percentage in amount of money. When two or more bids are equal in every respect, each shall be accepted, pro rata, as near as possible. |
κ1873 Statutes of Nevada, Page 73 (CHAPTER 25)κ
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respect, each shall be accepted, pro rata, as near as possible. The County Treasurer shall return, on demand, to the proper parties, all unaccepted bids, with the evidences of indebtedness which accompanied the same. Sec. 10. Any Justice of the Peace within any town or city of this State shall have jurisdiction of all violations of ordinances made to apply to his town or city under the provisions of this Act, and may render final judgment, hold to bail, fine, or commit to prison any offender, in accordance with the provisions of said ordinances; and in the exercise of such jurisdiction, said Justice of the Peace shall conform to the provisions of the general laws of the State applicable thereto, except when the ordinances aforesaid otherwise direct. All commitments of imprisonment shall be directed to the Sheriff of the county. Said Justice of the Peace shall receive the same fees and compensation as in other cases provided by law. Sec. 11. All prosecutions arising under the provisions of this Act shall be conducted by the District Attorney of the county, who shall receive therefor, in case of conviction, to be collected only from the defendant, the sum of fifteen dollars. He shall also prosecute and defend all suits brought by or against the Board of County Commissioners under the provisions of this Act, for which he shall receive a compensation to be fixed by said Board, which shall not exceed in any one year the sum of six hundred dollars. Sec. 12. The Sheriff of the county, in each of the counties of this State, shall appoint for each town or city in his county as many deputies as he shall be required to appoint by the Board of County Commissioners of his county for the purpose of carrying out the provisions of this Act, and they shall be allowed such fees for arrests, to be collected only from the defendant, as may be fixed by ordinance, and such salaries as may be fixed by said Board, not exceeding the sum of one hundred and fifty dollars per month. Said deputies shall be ex officio collectors of all licenses and other taxes than property taxes, to be collected for the use of said town or city, and shall exercise such other powers and perform such other duties as may be authorized, directed, or required by the Board of County Commissioners; provided, that nothing contained in this section shall be construed to prohibit said deputies from performing any other duty or service required or authorized by law. Said Sheriff shall also, when required by said Board of County Commissioners, designate one of said deputies to act as Street Commissioner in said town or city. All persons committed by any Justice of the Peace, as herein provided, shall be delivered to the Sheriff aforesaid, and by him confined or put to work, as required by ordinance; and the expense attending such confinement or working shall be allowed and paid as in this Act provided for the allowance and payment of other claims. Sec. 13. The County Treasurer in each of the counties of this State shall perform the duties required or authorized to be performed by him under and by virtue of the provisions of this Act, and shall be held liable on his official bond for the faithful performance of such duties, and shall receive for his services two per cent. |
Unaccepted bids to be returned.
Jurisdiction of Justice of the Peace.
Fees, etc.
Prosecution to be conducted by the District Attorney.
Sheriffs to appoint deputies when required.
Powers and duties of deputies.
Proviso.
Street Commissioner. Disposal of persons committed.
Duties of County Treasurer. |
κ1873 Statutes of Nevada, Page 74 (CHAPTER 25)κ
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Duties of County Clerk.
Board of County Commissioners, meetings of.
Compensation.
Act construed, etc.
Genuineness of signatures to be established.
Repeal. |
performance of such duties, and shall receive for his services two per cent. of all moneys received by him under the provisions of this Act. Sec. 14. The County Clerk in each of the counties of this State shall perform the duties required or authorized to be performed by him under and by virtue of the provisions of this Act, and shall be held liable on his official bond for the faithful performance of such duties. He shall be ex officio Clerk of the Board of County Commissioners in the execution of the provisions of this Act, and shall keep a record of their proceedings in books not used for other purposes. He shall receive for his services five dollars per day for each and every day engaged in the performance of his duties aforesaid, which shall not exceed in one year the sum of three hundred dollars. Sec. 15. The Board of County Commissioners of any county having jurisdiction of the affairs of any town or city, as in this Act provided, shall hold a regular meeting in the Court House, at their county seat, at least once in each month, on a day previously fixed by them, for the purpose of transacting the business provided for in this Act, and shall continue in session from day to day until such business is completed. They may also hold special meetings, upon a call of three days actual notice to all within the county, given by the Chairman of the Board or a majority of the members thereof. A majority of said Board shall be necessary to constitute a quorum, and the vote of a majority of the whole Board shall be necessary to carry any question. Each member of the Board shall receive for his services the sum of five dollars per day for each days actual service as a member of the Board or as a Committeeman, and twenty-five cents per mile for each mile actually traveled in going to the place of meeting; provided, that the aggregate amount to be received by any one member during any one year shall not exceed the sum of two hundred dollars. Sec. 16. Nothing in this Act contained shall be construed to apply to the transactions of county business in any of the counties of this State, nor shall any of the powers or jurisdiction conferred be exercised by any officer or person in any town or city before there shall have been filed in the Clerks office of the county in which the same is situated a written petition for the application of the provisions of this Act to said town or city, signed by a majority of the actual residents of such town or city, representing at least three fifths of the taxable property. The genuineness of all signatures to such petition, and the qualifications of the subscribers, shall be established by the affidavits of reliable taxpayers of said town or city, filed with such petition. Sec. 17. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
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Chap. XXVI.An Act to amend An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and twenty-three of title seven of An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine, is hereby amended to read as follows: Section Two Hundred and Twenty-three. Before the sale of property on execution, notice thereof shall be given as follows: First-In cases of perishable property, by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property. Second-In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than five nor more than ten days, successively, and, in case of sale on execution issuing out of a District Court, by the publication of a copy of said notice at least once a week, for the same period, in a newspaper, if there be one, in the county. Third-In case of real property, by posting a similar notice, particularly describing the property, for twenty days, successively, in three public places of the township or city where the property is situated, and also where the property is to be sold; and, also, by publishing a copy of said notice once a week, for the same period, in a newspaper, if there be one, in the county; provided, that the cost of such publication shall in no case exceed the sum of two dollars and fifty cents per square for the first insertion, and one dollar per square for each subsequent insertion, and, provided further, that in any case where the paper authorized by this Act to publish such notice of sale shall neglect or refuse, from any cause, to make such publication, then the posting of notices, as provided in the preceding section of this Act, shall be deemed sufficient notice; provided further, notices of the sale of property on execution, upon a judgment for any sum less than five hundred dollars, exclusive of costs, shall be given only by posting in three public places in the county, one of which notices shall be posted at the Court House. |
Notice of sale upon execution.
Perishable property.
Posting.
Other personal property. Sale on execution out of District Court to be advertised.
Real property.
Proviso.
Proviso.
Proviso. |
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κ1873 Statutes of Nevada, Page 76κ
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Wages made preferred claims, what.
Proviso.
Claims for wages against estates of deceased persons.
Proviso.
Said wages, in cases of attachment and execution, manner of claiming.
Disputed claim to be enforced by action. |
Chap. XXVII.An Act to protect the wages of labor.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That in all assignments of property, whether real or personal, which shall hereafter be made by any person or chartered company or corporation, or by any person or persons, owning or leasing real or personal property, to trustees or assignees on account of inability at the time of the assignment to pay his, her, or their debts, the wages of the miners, mechanics, salesmen, servants, clerks, or laborers employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees, before any other creditor or creditors of the assignor; provided, that the claims of each miner, mechanic, salesman, servant, clerk, or laborer thus preferred, shall not exceed in value two hundred dollars of gold coin of the United States, and the services shall have been rendered or labor performed within ninety days next preceding said assignment. Sec. 2. That in all cases of the death of any employer or employers, the wages of each miner, mechanic, salesman, servant, clerk, and laborer, for services rendered, or labor performed, within ninety days next preceding the death of the employer, shall rank after the funeral expenses of the deceased, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and be paid pro rata before all other claims against the estate of the deceased person or persons; provided, this Act shall in no way affect the homestead or other property exempted by law from forced sale, or any mortgage or lien lawfully obtained on the property of the deceased person before his or her death. Sec. 3. In all cases of execution, attachments, and writs of a similar nature against the property of any person or persons, or chartered company or corporation, it shall be lawful for such miner, mechanic, salesman, servant, clerk, and laborer to give notice of their claim or claims, and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim, to the officer executing either of such writs at any time before the actual sale of property levied on, and such officer shall pay to such miners, mechanics, salesmen, servants, clerks, or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered within ninety days next preceding the levy of the writ of execution, attachment, or other writ, not exceeding two hundred dollars, in gold coin of the United States; provided, if any or all of the claims so presented and claiming preference under this section shall be disputed by either the debtor or the creditor, the person presenting the same shall commence an action within ten days for the recovery thereof, and shall prosecute his action with due diligence, or be forever barred from any claim of priority payment thereof. But in case action is rendered necessary by the act as aforesaid, |
κ1873 Statutes of Nevada, Page 77 (CHAPTER 27)κ
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sary by the act as aforesaid, by either debtor or creditor, and judgment shall be had for said claim, or any part thereof, carrying costs, the costs attending the prosecution of said action, and legally taxable therein, shall likewise be a preferred claim with the same rank as the original claim; and, provided further, if the amount of assets, after deducting costs of levy and sale, shall not be adequate to the payment of all the preferred claims of this class, they shall be paid pro rata out of the money hereby made applicable thereto; and, provided further, that nothing in this Act contained shall be construed to affect any homestead, claims, mortgage, or lien of any description created and existing before the claim of such laborer accrued. Sec. 4. This Act shall be in force from and after its passage. |
Proviso.
Proviso.
When Act to take effect. |
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Chap. XXVIII.An Act entitled an Act to incorporate the Town of Gold Hill.
[Approved February 21, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes hereinafter mentioned, the inhabitants of that portion of Storey County embraced within the limits hereinafter set forth in this section of this Act, shall be a body politic and corporate, by the name and style of The Town of Gold Hill, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of said incorporate town shall be as follows: 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. Sec. 2. The said town corporate is hereby divided into two wards, as follows: All that portion of said town lying north or northerly of the center of Crown Point street, so far as said street is opened, and also lying north of a line commencing at the site of the quartz mill known as the Bowers Mill, and extending due west to the line of Washoe County, and also lying north of a line commencing at the intersection of the center of Main street and Crown Point street, and extending due east therefrom to the boundary of Lyon County, shall constitute the First Ward; and all that portion lying south or southerly of the line heretofore in this section of this Act described, shall constitute the Second Ward. Sec. 3. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be actual residents of, and owners of real estate in said town, and who shall be chosen, three from among the residents of the First Ward, and two from among the residents of the Second Ward. |
The Town of Gold Hill incorporated. Boundaries.
Wards, boundaries of.
Board of Trustees. |
κ1873 Statutes of Nevada, Page 78 (CHAPTER 28)κ
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Treasurer, Marshal.
Term of office.
Eligibility to office.
Voters, qualification of.
Annual election.
Election laws made applicable.
Notice.
Statement.
Certificates of election. |
First Ward, and two from among the residents of the Second Ward. In addition to said Board of Trustees, there shall be a Marshal and Treasurer elected by the qualified voters of said town. Sec. 4. The said Trustees, Marshal, and Treasurer shall hold their offices for one year, and until their successors are elected and qualified, except as hereinafter in this Act provided. Sec. 5. No person shall be eligible to the office of Trustee, Marshal, or Treasurer, unless he be a qualified elector of the State of Nevada, nor unless he shall have been an actual resident of said town for six months next preceding the election. Sec. 6. No person shall be entitled to vote at any election for said Trustees, Marshal, or Treasurer, unless he shall be a qualified elector of this State, and will have actually resided within the County of Storey for six months, and within the Town of Gold Hill for three months next preceding such election; and no person shall be entitled to vote except within the ward in which he resides, and has resided for thirty days next preceding such election. Sec. 7. The annual election for Trustees, Marshal, and Treasurer shall be held on the first Monday in May in each year. Sec. 8. All provisions of law, which now are or hereafter may be in force, regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees shall, for two weeks prior to each annual election, publish notice, in a newspaper published in Storey County, to the effect that such election will take place in said town, for the election of three Trustees in the First Ward and two Trustees in the Second Ward, a Marshal, and Treasurer, naming the day on which such election will be held, and designating the polling places and the names of three Inspectors of Election for each ward. Soon as the votes are counted and tallied in each ward, the Inspectors and Clerks shall make out a statement showing the number of votes cast in each ward for the office of Trustee, Marshal, and of Treasurer, and for each person severally, which statement shall be certified under oath or affirmation, by at least two of said Inspectors and two Clerks, and they shall cause the same, together with the polling and tally lists, and tickets, duly sealed up in a package, to be delivered to the Board of Trustees, or the Clerk thereof, within two days after such election. Within three days after the receipt of the same, the Board of Trustees shall proceed to reexamine and ascertain from such statement and tally lists, what persons received the greatest number of votes for the office of Trustees, Marshal, and of Treasurer, and a certificate of election shall be forthwith issued by the Clerk, under the direction and supervision of the Board, to the person or persons having received the greatest number of votes for each of said offices. The Clerk shall, without unreasonable delay, deliver said certificates to the person or persons for whom they are intended, and he or his successor shall safely keep the packages of tickets, together with the tally lists, and all other papers relating to such election, for forty days from and after the day of election, when, if no notice of contest in such election shall have been served on him, he may destroy the same. |
κ1873 Statutes of Nevada, Page 79 (CHAPTER 28)κ
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tion, for forty days from and after the day of election, when, if no notice of contest in such election shall have been served on him, he may destroy the same. Any qualified elector in said town shall have the right to contest the election of any person declared elected a Trustee, Marshal, or Treasurer, as provided in this section of this Act, and such contest shall be conducted in the manner required by the laws that now are or hereafter may be enacted by the Legislature, for contesting county or precinct elections. Sec. 9. The Trustees, Marshal, and Treasurer chosen at any election held under this Act shall take the official oath provided by law, and enter upon the discharge of their official duties within five days after due notice of their election; and in case any Trustee, Marshal, or Treasurer shall fail to qualify within said time, his office shall be declared vacant; provided, that in case the person so elected be absent from the county at the time of his election, he shall be allowed twenty days in which to return and enter upon the duties of his office. Sec. 10. The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, select one of their number as President, who shall preside at their meetings, and perform such other duties as said Board may prescribe; provided, that it shall be his duty to make out, on the third Monday in April of each year, and cause to be published, either in a newspaper published in Storey County, or by posting, in not less than five public and conspicuous places in said town, a full and correct statement of the financial condition of the town, showing the total indebtedness thereof. Sec. 11. Whenever a vacancy shall occur in the office of Treasurer or Marshal, the Board of Trustees shall fill such vacancy; and, provided further, that whenever a vacancy shall occur in the office of Trustee, the remainder of said Board of Trustees, or a majority thereof, shall, at their next regular meeting held after the said vacancy shall have occurred, appoint some person to fill such vacancy; provided, that the person so appointed must be eligible to the office under the requirements of sections three, five, and six of this Act. Sec. 12. The Board of Trustees shall have discretionary power to appoint a clerk and an attorney, at such rates of salary or contingent compensation as said Board may determine. The Board may also employ such other assistance or laborers as may be, from time to time, required for the care and repair of streets, waterworks, or other town property Any of the aforesaid officers or employes, in this section provided for, may be by said Trustees removed or discharged, or the office or position abolished, as circumstances and a due sense of economy may require. Sec. 13. The Board of Trustees shall hold regular meetings on the first and third Mondays in each month, and such other meetings as by adjournment or resolution they may determine; but the President of the Board shall have power to call special meetings whenever, in his judgment, it may be necessary. Sec. 14. A Majority of the Board of Trustees shall constitute a quorum for business; but a less number may adjourn from time to time, and may compel the attendance of absent members, by peremptory order, or by resolution, imposing fine not to exceed ten dollars for any one meeting. |
Contest.
Officers to qualify and enter upon discharge of duties, when. Proviso in case of absence.
President of Board.
Report by President.
Vacancies.
Clerk, attorney, and other employes.
Meeting of Board.
Quorum of Board. |
κ1873 Statutes of Nevada, Page 80 (CHAPTER 28)κ
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Rules of Board, etc.
Journal.
Powers of Board of Trustees. |
members, by peremptory order, or by resolution, imposing fine not to exceed ten dollars for any one meeting. Sec. 15. The Board of Trustees shall adopt rules for the government of their own proceedings, and shall be the judges of the election and qualification of their own members, subject, however, to the decision of the District Court of the First Judicial District in cases of contested elections. Their meetings shall be public, except when the Board shall decide that the interests of the town require secrecy. A journal of all proceedings of the Board shall be kept by the Clerk; and the ayes and noes shall be taken at the request of any member, and shall be entered in the journal. Sec. 16. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution and laws of the State of Nevada. Second-To levy and collect taxes on all real and personal property within the town, made taxable by the laws of this State, for State and county purposes, which are now in force or may hereafter be enacted, except proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and three fourths per centum per annum on the assessed value of all property, with not to exceed ten per centum on the amount of such tax additional thereto, as a penalty on all delinquent taxes; provided, that they shall have further power, when in their opinion it may become necessary and expedient, to levy an additional tax, not to exceed five cents on each and every one hundred dollars valuation of all property, for the continuous maintenance of the public schools of said town, said tax to be collected at the same time and in the same manner as other taxes in this Act provided for. Third-To lay out or extend, open, alter, or repair all streets and alleys, and provide for opening, grading, widening, draining, cleaning, and lighting, or otherwise improving the same. Also, to provide for the construction, repair, and preservation and cleaning off all sidewalks, crosswalks, bridges, sewers and drains. To prevent obstructions being erected or placed in any of the streets, alleys, or sidewalks, or the use of any sewers or drains as cesspools, and for the removal of the same. To compel the owners of lots and property to bear the expense of erecting sidewalks, or improving the road or streets in front of the same, by special tax or otherwise. To condemn property for the use or benefit of the town, in the following manner: The Board of Trustees shall appoint one referee, and the owner or owners of the property to be condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of them, shall be final and binding upon the parties, unless the person or persons aggrieved by the decision of such referees, shall appeal from such decision or valuation to the District Court of the First Judicial District within thirty days after notice of such valuation shall have been served on him or them. |
κ1873 Statutes of Nevada, Page 81 (CHAPTER 28)κ
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Fourth-To provide for the prevention and extinguishment of fires; also to organize, regulate, establish, locate, or disband fire or hose companies. Fifth-To regulate the storage of gunpowder, and other explosive or other combustible material. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To employ policemen, and prescribe their duties and compensation, and provide for the regulation and government of the same. Eighth-To Fix and collect a license tax on and regulate all theaters, circuses, shows, billiard tables, bowling alleys, and all other exhibitions and amusements. Ninth-To fix and collect a license tax on bar-rooms, hurdy-gurdy houses, and public dance houses; on auctioneers, hawkers, peddlers, and all dealers in liquors; on all drays, job wagons or carts, or any other public vehicle running within the limits of said town for hire; also to fix and collect a license tax on all trades and business not heretofore specified or enumerated, having due regard to the amount of business done by each person or firm so licensed. Tenth-To license, tax, and regulate, prohibit, and suppress, all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers, and pawnbrokers, gambling houses, disorderly houses, and houses of ill fame; provided, however, that nothing in this section of this Act contained, shall be construed as granting power to suppress gaming when the same shall have been authorized by license, issued by proper authority, pursuant to the provisions of an Act entitled An Act to restrict gaming, passed March fourth, one thousand eight hundred and sixty-nine, or any Act amendatory thereof. Eleventh-To levy and collect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs, or the running at large of goats or cows within the corporate limits of said town. Twelfth-To provide for the issuance of licenses before named, for such terms and in such sums as they may consider best; provided, that the several kinds of business or occupation to be licensed, shall be classified by ordinance, in two or more classes, with a specific or certain rate of license provided for each class, and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee, shall be printed and numbered. Thirteenth-To provide all necessary buildings for public use of said town. Fourteenth-To establish a Board of Health, and define their powers and duties; to prevent the introduction or spread of disease, and to provide for the indigent. Fifteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct, and to prohibit and suppress the sale of spirituous or malt liquors or wines on any day of municipal, county, or general election. |
Powers of Board of Trustees. |
κ1873 Statutes of Nevada, Page 82 (CHAPTER 28)κ
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Powers of Board of Trustees.
To issue bonds.
Redemption Fund.
Contingent Fund.
Redemption Fund. Payments out of, how made.
Proposals.
Proposals to surrender indebtedness. |
sale of spirituous or malt liquors or wines on any day of municipal, county, or general election. Sixteenth-To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth-To determine the duties and fix and establish the fees, salaries, compensation, and emoluments of all officers and employes of said town; provided, that the Trustees shall not receive, or be entitled to receive, for their services as such, any sum whatever. Eighteenth-To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause by a vote of four fifths. Nineteenth-To make all necessary contracts and agreements for the benefit of the town; and to contract debts on the faith of the town, but no debt shall be contracted, or liability incurred, except on a cash basis. To issue and sell bonds bearing interest at a rate not to exceed twelve per centum per annum, for the purpose of creating a Contingent Fund for current expenses, or for the purpose of paying, retiring, and canceling any bonds or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of forty thousand dollars. Twentieth-The said Board of Trustees shall not create a debt against the town for printing, in a greater sum than five hundred dollars per annum. Sec. 17. One half of the revenue arising from the collection of taxes, as provided in the second subdivision of section sixteen of this Act, shall be set apart as a Redemption Fund, which Fund shall be used exclusively for the payment of the outstanding indebtedness of the town, in the manner hereinafter in this Act provided. The remaining one half of said revenue, together with all revenue derived from licenses, fines, and other sources, shall be set apart as a Contingent Fund, and used to defray the current expenses of the town. Sec. 18. No money shall be paid out of the Redemption Fund except by order of at least four members of the Board of Trustees, and in the manner by them directed; and it shall be their duty, from time to time, when there shall be, in their judgement, a sufficient sum of money in the Redemption Fund, over and above the interest accrued or shortly to accrue on bonds outstanding, to give notice for at least five days, by publication in a newspaper published in Storey County, that sealed proposals, directed to the President of the Board of Trustees of the Town of Gold Hill, will be received until a day and hour stated in such notice for the surrender of warrants, bonds, or other legal evidences of indebtedness of said corporate body, known as The Town of Gold Hill. Sec. 19. At the expiration of the time named in said notice, the Board of Trustees shall meet and open such sealed proposals, and they shall accept the lowest and best bids or proposals for the surrender of said evidences of indebtedness specified in the preceding section of this Act; but no bid or proposal to surrender any such evidence of indebtedness at a higher rate than par value shall ever be accepted. |
κ1873 Statutes of Nevada, Page 83 (CHAPTER 28)κ
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fied in the preceding section of this Act; but no bid or proposal to surrender any such evidence of indebtedness at a higher rate than par value shall ever be accepted. Whenever any bids or proposals are accepted, the Clerk of the Board shall make a record in the journal of proceedings, describing the warrants or bonds, or other written evidence of indebtedness, to be redeemed, specifying the face or par value of the same, also the amount to be paid therefor, together with the number and date of issue, and such legal evidence of indebtedness shall be, by a vote of the Board, ordered paid; and soon as paid the Clerk shall cancel the same, by writing in red ink, across the face of the same, the words Redeemed by payment of the sum of ----- dollars, in coin, this ----- day of -----, 18---,which sum shall be paid out of the Redemption Fund; and all such evidence of indebtedness shall be filed away and preserved by the Treasurer. Sec. 20. All legal claims or demands whatsoever existing or outstanding against said Town of Gold Hill, at the time of this Act going into effect, may be purchasable as provided in sections eighteen and nineteen of this Act, and paid out of said Redemption Fund. Sec. 21. All ordinances, contracts, or agreements passed or made, and all bonds, warrants, or other evidences of indebtedness issued, by such Board of Trustees, shall be held invalid unless signed by the President of said Board, and countersigned by the Clerk. Sec. 22. Whenever there shall be more than sufficient money in the Contingent Fund to pay the current expenses of the town, the Board of Trustees shall have power to transfer a portion thereof to the Redemption Fund, to be used as is by this Act provided for other moneys in said Fund. Sec. 23. The Board of Trustees shall make out and publish, for at least three days, in a newspaper published in Storey County, in the months of January, April, July, and October of each year, a full and detailed statement of the receipts and disbursements, from what sources received, and for what purpose paid out, during the three months next preceding such report. Sec. 24. It shall be the duty of the Board of Trustees to provide for the accountability of all officers or employes elected or appointed under this Act, to whom the receipt or expenditure of any of the funds of this corporation may be intrusted, by requiring of each of them sufficient security for the faithful and honest performance of their respective duties; and in case of neglect or refusal on the part of any of such officers or employes to furnish such security, to the satisfaction of said Board, within ten days after notice of such requirement, the said Board of Trustees may discharge such officers or employes, and proceed to appoint some other person to fill the place. Sec. 25. It shall be the duty of the Marshal to enforce the due obedience 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, and all other moneys or revenue due or to become due, and to pay the same over to the Treasurer. |
Same.
What indebtedness to be purchased with Redemption Fund.
How ordinances, contracts, bonds, and warrants to be signed.
Transfer from Contingent to Redemption Fund.
Statements of finances.
Accountability of officers to be secured.
Duties of Marshal. To act as Assessor. Ex officio Chief of Police. |
κ1873 Statutes of Nevada, Page 84 (CHAPTER 28)κ
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To collect licenses and other revenues. Assessment and collection of taxes.
Tax deeds.
Duties of Treasurer.
Board to provide for assessment and collection of taxes.
Duties of Clerk. |
to become due, and to pay the same over to the Treasurer. The time and manner of such assessing and collecting shall be such as the Trustees, by ordinance, may prescribe. Sec. 26. Real and personal property may be sold for taxes due said town, by the Marshal. The manner of assessing and collecting taxes shall be prescribed by ordinance, and title upon sale of property for taxes, either real or personal, or mixed, shall vest in the purchaser, to be provided for by ordinance. The Marshal shall, upon sale of real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all Courts in 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 provided by law, where the relation of landlord and tenant exists. Sec. 27. It shall be the duty of the Treasurer to receive all moneys derived from any source for the benefit of said town, and he alone shall disburse the same on proper warrants or orders of the Board of Trustees. He shall keep an accurate and full account of all receipts and disbursements, and furnish the Board a full statement of the same whenever required, and his books shall be kept posted and subject to the examination of any member of the Board. All warrants and orders drawn on the Treasurer shall specifically show on their face for what service or indebtedness they are drawn, and on what Fund; and shall be paid in the regular order of registration on the Treasurers books. The Treasurer shall perform such other duties as may be prescribed by ordinance or resolution of the Board. Sec. 28. The Board of Trustees shall make suitable provision, from time to time, for the assessment and collection of taxes and licenses and all other revenue due, or to become due, to said Town of Gold Hill, and the person or persons charged with the collection of such revenue shall pay all moneys by him or them collected, after deducting the percentage allowed by ordinance or resolution for collection, at least once in each week, to the Treasurer. The time and manner of assessing and collecting shall be such as the Board of Trustees may by ordinance prescribe. Sec. 29. The Clerk shall keep the Corporate seal, books, and papers belonging to the town, and file all papers belonging to the town, in his office, under appropriate heads; attend all meetings of the Board of Trustees, and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws, or resolutions passed or adopted by them, which journal shall, after approval at each meeting, be signed by the President of the Board. He shall also countersign and affix the corporate seal to all bonds or warrants issued in pursuance of the ordinances or resolutions of the Board. He shall number and countersign all licenses, which licenses shall be printed, showing on their face the class of license, with marginal stubs attached and stitched together in books, each book containing an equal number and of one class only. He shall be the custodian of the blank licenses, |
κ1873 Statutes of Nevada, Page 85 (CHAPTER 28)κ
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dian of the blank licenses, and shall deliver from time to time such number thereof to the person authorized to collect license as the Board may direct, charging him therewith at their face or representative value, and giving him credit at the same rate for so many thereof only as he may return at time of settlement of his account. The Clerk shall also keep an accurate account of all bonds issued, and all warrants and orders drawn on the Treasurer, in such manner that the Board can at any time readily ascertain the actual outstanding indebtedness; and perform such other duties as may be required by the Board. Sec. 30. Upon the passage of ordinances, or of any resolution appropriating money abolishing licenses, or increasing or reducing the rates of licenses, the yeas and nays shall be called, and entered in the journal. Sec. 31. The style of all ordinances shall be The Board of Trustees of Gold Hill do ordain. All ordinances shall be published for one week in a newspaper published in Storey County, prior to going into effect. Sec. 32. Civil actions may be brought in the name of The Town of Gold Hill, in any Court of competent jurisdiction, and actions for the violation of any ordinance of said town may be brought before any Justice of the Peace having jurisdiction within the corporate limits of said town, and fines imposed by such Justice may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the town jail, at the rate of one day for each two dollars of such fine and costs, or said Justice may, in his discretion, adjudge and enter upon his docket, an order that such offender shall work on the streets or public works, at the rate of one day for each two dollars of such fine and costs, until the same be so exhausted, or otherwise satisfied; provided, however, that appeals may be taken from the judgment of such Justice for the violation of ordinances to the Court of the First Judicial District, in the Manner provided by law for appeals from Justices Courts in criminal actions; and, provided, further, that in the trial of offenses for the violation of town ordinances, no change of venue to any Justices Court beyond the limit of said town corporate shall be granted. Sec. 33. Any Justice of the Peace within the corporate limits of said town shall be entitled to such fees, in the trial of cases arising out of violations of ordinances passed by the Board of Trustees, as said Board may by ordinance determine. It shall be the duty of such Justice to report to the Board at their first regular meeting in January, April, July, and October, of each year, which report shall show, in detail, the number of cases tried, the names of the defendants, the amount of fine imposed, the sum of money received in payment of such fine, the amount paid out for fees in the case, and to whom paid, and the balance remaining on hand, which balance he shall pay over at the close of each quarter year to the Treasurer, taking his receipt therefor, which receipt shall accompany his report to the Board of Trustees; and his docket of such cases shall always be open to the examination of said Board, or a committee thereof. |
Yeas and nays.
Style of ordinance.
How actions to be brought.
Appeals.
Venue.
Justices fees.
Reports by Justice of Peace. |
κ1873 Statutes of Nevada, Page 86 (CHAPTER 28)κ
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Town Attorneys fees.
Vacancy in case of removal and absence.
Present officers to remain in office.
Corporate property.
Streets and alleys to be under control and jurisdiction of Board.
Salary of Marshal.
Acts repealed. |
Sec. 34. The attorney for the town, whenever one may be appointed, shall receive, or be entitled to receive, such fees, either contingent or fixed, as the Board may determine; provided, in the prosecution of suits in Justices Court for the collection of delinquent taxes, the attorneys fees shall not exceed the sum of seven dollars and fifty cents in each case. Sec. 35. If any officer of said town shall remove his residence therefrom, or absent himself for more than thirty days without leave from the Board of Trustees, his office shall be declared vacant, and the vacancy shall be filled as in this Act provided. Sec. 36. The present officers of the Town of Gold Hill shall remain in office until their successors shall be elected or appointed and qualified, as provided and required in this Act; and nothing in this Act contained shall be construed as repealing, or in any manner affecting the force or validity of any ordinance or resolution now in force, nor as affecting the validity of any debt, liability, or contract now existing. All debts or liabilities contracted or incurred, either by the present Board or any former Board of Trustees, for which the faith and credit of the town has been pledged, or bonds or warrants, or other written evidences of indebtedness, have been issued, are hereby by this Act legalized and made valid liabilities against the said town. Sec. 37. All property, whether real or personal, acquired in the name of, and for the benefit of, said town, by virtue of any former Act of the Legislature, or by any act or ordinance of any Board of Trustees, shall be the property of the corporate body created by this Act, and known as The Town of Gold Hill. All streets, alleys, or avenues within said corporate town, laid out and platted in an official map of said town, drawn by George Hunt, C. E., in the year one thousand eight hundred and sixty-three, or in the official map of said town drawn by John Ostrom, C. E., in the year one thousand eight hundred and sixty-four, are hereby declared to be open and public streets, and exclusively under the control and jurisdiction of the Board of Trustees. Sec. 38. The salary of the Marshal shall not exceed, including compensation for assessing and collecting town taxes and licenses, the sum of two thousand five hundred dollars ($2,500) per annum. Sec. 39. 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 the seventeenth, one thousand eight hundred and sixty-two, approved February eighteenth, one thousand eight hundred and sixty-four; An Act to incorporate the Town of Gold Hill, approved March seventh, one thousand eight hundred and sixty-five; an Act entitled An Act to amend an Act entitled An Act to incorporate the Town of Gold Hill, approved March seventh, one thousand eight hundred and sixty-five, approved February twenty-fourth, one thousand eight hundred and sixty-six; also, an Act entitled An Act to provide for the payment of outstanding indebtedness of the Town of Gold Hill, |
κ1873 Statutes of Nevada, Page 87 (CHAPTER 28)κ
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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; an Act entitled An Act to incorporate the Town of Gold Hill, approved February twenty-fifth, one thousand eight hundred and sixty-nine; an Act entitled An Act to incorporate the Town of Gold Hill, approved March third, one thousand eight hundred and seventy-one, and each and every preceding Act relating to the incorporation of Gold Hill, are hereby repealed. Sec. 40. This Act shall go into effect on the first day of May, Anno Domini eighteen hundred and seventy-three. |
Same.
When Act to take effect. |
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Chap. XXIXAn Act to fund the hospital debt of Washoe County, and to provide for the payment of the same.
[Approved February 24, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Washoe County, are hereby authorized and empowered to levy and collect annually, until the entire debt of the Hospital Fund of said county, now outstanding, shall have been paid, a tax of not to exceed one eighth of one per cent upon the assessed value of all the property, real and personal, within the boundaries of said Washoe County, for the purpose of creating a Fund to be applied in payment of the present indebtedness of the said Hospital Fund of Washoe County. Sec. 2. Said tax shall be assessed and collected in the same manner, and subject to the provisions of the general laws for the assessment and collection of taxes, and assessed and collected at the same time, and by the same officers who assess and collect State and county taxes, and shall be paid over to the County Treasurer of Washoe County. The moneys so assessed, collected, and paid, shall be kept by the County Treasurer in a separate Fund, to be known as the Hospital Redemption Fund; and no moneys shall be paid out of said Fund except as hereinafter provided. Sec. 3. Whenever at any time there shall be in said Redemption Fund, five hundred dollars, or over, it shall be the duty of the County Treasurer to give one weeks notice, by publication in some newspaper published in the County of Washoe, that sealed proposals directed to him, will be received for the surrender of the certificates of indebtedness of the said Hospital Fund, and that said sealed proposals will be received by him until the next regular or adjourned meeting of the Board of County Commissioners of said county thereafter; and at the time for the first meeting of the said Board thereafter, such Board, |
Tax to be levied.
Tax to be assessed and collected in manner of other State and county taxes. Proceeds to be paid into Hospital Redemption Fund. Payments out of Hospital Redemption Fund, how made. Treasurers notice. Sealed proposals. |
κ1873 Statutes of Nevada, Page 88 (CHAPTER 29)κ
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Treasurer to attend meeting of Board.
Accepted bids, how paid.
Redeemed certificates of indebtedness to be canceled.
Balance of Fund to be transferred to General Fund.
Act to take effect. |
Board, together with the County Clerk and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of the certificates of indebtedness of said Hospital Fund. No bid for more than par value shall be so accepted, nor unless accompanied with the certificate or certificates of said hospital indebtedness. That shall be considered the lowest bid which offers the largest amount of evidences of indebtedness, in par value, for the smallest amount of money. The County Treasurer shall return all unaccepted bids, together with the certificates of indebtedness therein contained, to the owner, on demand. Sec. 4. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the certificate or certificates of indebtedness to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respective offices; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the certificates of indebtedness designated in the accepted bid or bids, and pay for the same out of the said Hospital Redemption Fund aforesaid; and all certificates of indebtedness so redeemed shall be canceled by the County Treasurer, by writing across the face thereof the words (in red ink), Purchased and redeemed, adding thereto the time when the same was so redeemed, the amount paid therefor, and sign the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the Treasurer in the settlement of his accounts. Sec. 5. Whenever it is ascertained that all the indebtedness of the said Hospital Fund, as provided in this Act, shall have been redeemed and paid, it shall be the duty of the Board of County Commissioners to order, and the County Treasurer to transfer on such order, the balance of money remaining in said Hospital Redemption Fund to the General Fund of the county, and notify the Auditor of the amount so transferred, and the time of the transfer; which amount shall become a part of and belong to the General Fund of said Washoe County. Sec. 6. This Act shall be in force and take effect from and after the first day of April, eighteen hundred and seventy-three. |
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κ1873 Statutes of Nevada, Page 89κ
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Chap. XXX.An Act to provide for transferring and replacing money of certain Funds of Washoe County.
[Approved February 24, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe County are hereby authorized to transfer from the Building Fund of said county, to the Indigent Sick Fund of said county, so much of the surplus money now in the Building Fund, or that may hereafter come into said Fund, as may be required to place said Indigent Sick Fund on a permanent cash basis, and to replace the same out of any money which may hereafter come into said Indigent Sick Fund. Sec. 2. The County Commissioners of Washoe County are hereby authorized, and it shall be their duty, to transfer any and all surplus money that may accrue to the Indigent Sick Fund of Washoe County to the Hospital Redemption Fund of said county, where such money shall be subject to the same provisions as other money in that Fund. Sec. 3. The County Commissioners of Washoe County are hereby authorized, and it shall be their duty, to continue to place in the Indigent Sick Fund of said county, until the entire hospital debt now outstanding shall have been paid, the same pro rata of all moneys collected for county purposes as is now placed in the Hospital Fund of said county. Sec. 4. It shall be the duty of the County Treasurer of said county, upon the order of the Board of County Commissioners, to transfer said moneys from the Building Fund to the Indigent Sick Fund, and to replace the same upon the order of said Board. Sec. 5. This Act shall be in force from and after the first day of April, eighteen hundred and seventy-three. |
Transfer from Building Fund to Indigent Sick Fund.
Transfer from Indigent Sick Fund to Hospital Redemption Fund.
Pro Rata of county taxes to be placed in Indigent Sick Fund.
Treasurer to transfer funds upon order of Board.
Act to take effect. |
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Chap. XXXI.An Act to compel children to attend school.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every parent, guardian, or other person in the State of Nevada, having control and charge of a child, or children, between the ages of eight and fourteen years, shall be required to send such child, or children, to a public school for a period of at least sixteen weeks in each school year, at least eight weeks of which shall be consecutive, unless such child, |
All children between eight and fourteen years to attend school. |
κ1873 Statutes of Nevada, Page 90 (CHAPTER 31)κ
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Exception.
Proviso.
Board of School Trustees to furnish list.
Report by Principal of School.
Board to make demand on parent, etc.
Action to be commenced.
Penalty.
Board School Trustees to furnish books, stationary, etc. |
child, or children, are excused from such attendance by the Board of School Trustees of the school district in which such parents or guardians reside, upon its being shown to their satisfaction that the bodily or mental condition of such child, or children, has been such as to prevent his, her, or their attendance at school, or application to study, for the period required, or that such child, or children, are taught in a private school, or at home, in such branches as are usually taught in a primary school, or have already acquired the ordinary branches of learning taught in the public school; provided, in case a public school shall not be taught for the period of sixteen weeks, or any part thereof, during the year, within two miles, by the the nearest traveled road, of the residence of any person within the school district, he or she shall not be liable to the provisions of this Act. Sec. 2. It shall be the duty of the Board of School Trustees of each school district in this State, on or before the first Monday in September in each year, to furnish the principal of each public school taught in such district with a list of all children, resident in the school district, between the ages of eight and fourteen years, said list to be taken from the report of the School Census Marshal. At the beginning of each school month thereafter, it shall be the duty of the principal of each school in such district to report to the Board of School Trustees of such district the names of all children attending school during the previous school month; when, if it shall appear, at the expiration of four school months, to the Board of School Trustees, that any parent, guardian, or other person having charge or control of any child, or children, shall have failed to comply with the provisions of this Act, the Board shall cause demand to be made upon such parent, guardian, or other person, for the amount of the penalty hereinafter provided; when, if such parent, guardian, or other person, shall neglect or refuse to pay the same within five days after the making of said demand, the Board shall commence proceedings, in the name of the school district, for the recovery of the fine hereinafter provided, before any Justice of the Peace in the township in which said school district is located; or, if there shall be no Justice of the Peace therein, then before the nearest Justice of the Peace in the county. Sec. 3. Any parent, guardian, or other person having control or charge of any child, or children, failing to comply with the provisions of this Act, shall be liable to a fine of not less than fifty dollars, nor more than one hundred dollars, for the first offense, nor less than one hundred dollars, nor more than two hundred dollars, for the second and each subsequent offense, besides the costs of collection. Sec. 4. Whenever it shall appear to the satisfaction of the Board of School Trustees of any school district in this State that the parents, guardians, or other persons having control and charge of any child, or children, in attendance upon the public school of said district, in accordance with the provisions of this Act, are unable to procure suitable books, stationery, etc., for such child, or children, it shall be the duty of such Board to procure, or cause to be procured, for such child, or children, |
κ1873 Statutes of Nevada, Page 91 (CHAPTER 31)κ
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children, all necessary books, stationery, etc., the same to be paid for out of the Fund of said school district, in the same way that other claims against the school district are now allowed and paid; provided, that all books, stationery, etc., purchased under the provisions of this Act shall be deemed to be the property of the school district, to be under the care and control of the School Trustees, when not in actual use. Sec. 5. All fines collected under the provisions of this Act shall be paid into the County Treasury on account of the State School Fund. Sec. 6. It shall be the duty of the County Superintendent of Public Schools in each county in this State to cause this law to be published in some newspaper in his county, if any there be, four consecutive times, annually, for a period of two years, the expense of such publication to be allowed and paid out of the General School Fund of the county. The Board of School Trustees in each school district shall cause to be posted, annually, for a period of two years, in three public places in their district, notices of the requirements and penalties of this law. Sec. 7. This Act shall take effect and be in force from and after its passage. |
Fines to go to State School Fund. County Superintendent to publish this law.
Notice to be posted.
Act to take effect. |
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Chap. XXXII.An Act to incorporate the Ancient Order of Hibernians.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Lodges of the Ancient Order of Hibernians, located in the State of Nevada, shall be deemed bodies corporate and politic. Sec. 2. The said Lodges of the Ancient Order of Hibernians shall have power in their corporate capacity: First-To sue or be sued, in any Court having competent jurisdiction. Second-To make and use a seal, and to alter the same at pleasure. Third-To acquire by purchase, bequest, or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real or personal, as may be deemed necessary by the proper authorities thereof to carry out the charitable purposes of said Lodges, or for the establishment and endowment of a school or schools, hospital or hospitals, cemetery or cemeteries, in said State, and for the necessary uses, purposes, and ceremonies of said Orders. Fourth-To elect or appoint, according to their respective regulations and customs, not less than three, nor more than fifteen, persons to serve as Trustees, who shall have charge of all real and personal property belonging thereto, and transact all business relative thereto. |
Lodges of Ancient Order of Hibernians incorporated. Corporate powers. |
κ1873 Statutes of Nevada, Page 92 (CHAPTER 32)κ
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Board of Trustees to exercise the corporate powers.
Term of office of Trustees, etc. Vacancies. Bonds.
Certificate of election of Trustees.
Division of property upon dissolution of corporation
Reports by Board of Trustees. |
all real and personal property belonging thereto, and transact all business relative thereto. Fifth-And generally be entitled to all the rights, privileges, and immunities usually had or enjoyed by such corporations. Sec. 3. The corporate powers of said Lodges of the Ancient Order of Hibernians shall be vested in Boards of Trustees, elected or appointed, as provided in section two of this Act; such Boards being subject to such rules and regulations as may be adopted according to the rules and customs of said Orders or Lodges for the government of said Boards of Trustees. They shall hold office until their successors are appointed or elected, and the certificate filed, as provided in section four of this Act. Vacancies in the Board of Trustees shall be filled as provided by the regulations of said Lodges. Said Trustees shall give such bonds as may be required of them, conditioned for the faithful performance of their duties. Sec. 4. Upon the election or appointment of Trustees, as provided in this Act, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the Judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the Clerk of the county in which such Order or Lodge is located; or, in case of Grand Lodges, in the office of the Secretary of State. Sec. 5. Where any Lodge, or Order, incorporated under the provisions of this Act, shall disincorporate or disband, by their own act, the proceeds of all property, real or personal, shall, after paying all just dues or demands against such Lodge or Order, be divided pro rata among the charitable institutions of the county where such Lodge or Order be located. Sec. 6. It shall be the duty of said Boards of Trustees, annually, or semi-annually, accordingly to their terms of office, to make a full report of all property, real and personal, held in trust by them, and the conditions of the corporation, a copy of which shall be filed in the office in which, according to section four, their certificate of election has been filed, with an affidavit of the truth of said report. |
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Moneys in Building Fund to be applied to purchase claims on other Funds. |
Chap. XXXIII.An Act to authorize the temporary use of moneys levied and collected for the Building Fund of Washoe County, for certain purposes.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At any time prior to the first day of January, A. D. eighteen hundred and seventy-five, when there shall be a sum in the Building Fund of Washoe County exceeding five hundred dollars, over and above current demands for semiannual interest on the bonds of said county issued on its loan of money to erect its county buildings, |
κ1873 Statutes of Nevada, Page 93 (CHAPTER 33)κ
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of money to erect its county buildings, and over and above other demands and allowances against said Fund provided for by law, the County Commissioners of said county may order their Clerk to give notice of such fact, that sealed proposals, addressed to such Clerk, and marked Proposals to sell county claims, will be received by such Clerk, at his office, until twelve oclock, noon, of the next regular or adjourned monthly meeting of said Board of Commissioners, naming its date, and that audited claims upon the General Fund of said county (or other Funds when in arrear) will be purchased at said meeting to the amount in said Building Fund applicable to that purpose on the day of opening, of such proposals, of such person or persons who offer the largest discounts on the par value or face amounts of such audited claims. Such audited claims shall be inclosed in such sealed proposals, or be handed to the Clerk with such proposals, who shall, when required, receipt for such claims to be purchased or returned. Such notice shall be advertised at least fifteen days before such proposals shall be opened, in a newspaper printed and published at the county seat of Washoe County, and during that period, copies of such notice shall be posted conspicuously at the Court House, at the Post Office, and at the passenger depot in the Town of Reno, in said county. Sec. 2. The County Clerk of said county shall receive and securely keep, without examining or disclosing the contents, all such proposals from date of such notice, until the time for opening the same, as a duty of his office; and at one oclock p. m., on the day of the meeting of said Board as advertised, or so soon thereafter as such Board shall meet, said Clerk, in the presence of said Board, or a quorum thereof, shall open such sealed proposals. The Board, then, in presence of said Clerk, and the Auditor of said county, who shall attend for such purpose, shall examine such proposals, and accept from among them, to the amount of money in said Building Fund applicable to that purpose, such claims upon which the greatest discount is offered to be made, in such proposals, from the par value or face amount of such claims. Where the discounts offered on the dollar are equal, the claims first audited shall be first purchased. No offer shall be accepted unless the audited claims accompany or are contained in the proposals. All claims not accepted shall be returned by the Clerk of the Board to the owner or persons who furnished the same, with the sealed proposals, or to his or their order. All claims purchased shall be indorsed Purchased, and be attested by the signature of the acting Chairman of the Board, and the Clerk and Auditor shall each make entry in proper records of the date, number, face, amount, and at what discount purchased, as to each audited claim so purchased. The Auditor shall issue to the seller a warrant for the amount due him on his claim or claims so purchased of him to the Treasurer of said county, upon the Building Fund of said county, and credit said Fund with the amount of such warrant or warrants, and deliver to the Treasurer the claims so purchased. The Treasurer of the county shall pay such warrants, when presented, out of the Building Fund of said county, credit such Fund with the amount so paid, and debit the Fund upon which such purchased claim was audited with the amount paid for it out of the Building Fund, |
Notice for proposals.
Notice to be advertised.
Notice to be posted.
Clerk to receive proposals.
Auditor to attend meeting.
Claims to be returned.
Auditor to issue warrant. |
κ1873 Statutes of Nevada, Page 94 (CHAPTER 33)κ
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Auditor and Treasurer to keep accounts.
Funds to be returned to said Building Fund.
No claim to be purchased except less than par. Official services to be without charge. |
debit the Fund upon which such purchased claim was audited with the amount paid for it out of the Building Fund, and both the Treasurer and Auditor shall keep correct and perspicuous accounts of the claims so purchased, the amounts paid therefor, and the amount of discounts thereon, so as to show the state of the finances of the county as affected by the operation of this Act, as well as under the general system of such accounts; and such audited claims so purchased, and warrants given in payment, shall be kept and disposed of as other warrants and claims are after payment. Sec. 3. At any time when needed, before and on the first day of January, A. D. eighteen hundred and seventy-five, the Treasurer of said county shall return all, or so much as may be required, of the money of the Building Fund used as provided in this Act, for the benefit of other Funds of the Treasury of Washoe County, to said Building Fund thereof, out of any moneys in said Funds, upon which audited claims have been purchased, to the amount paid from the Building Fund for such purchases. To this end, said Treasurer is hereby authorized to reserve in said several Funds, in advance of the repayment provided for to said Building Fund, sufficient sums to reimburse to said Building Fund the amounts used from it for the benefit of other Funds of said countys Treasury. Sec. 4. No claim against said county shall be purchased, unless at some discount from its par value, or face amount. All services performed under this Act by the Board, Clerk, and Auditor, shall be performed as acts of official duty, without charge to Washoe County. |
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Surplus remaining after payment of interest, how disposed of |
Chap. XXXIV.An Act to amend an Act entitled An Act authorizing a State loan, and levying a tax to provide means for the payment thereof, approved February twenty-seventh, eighteen hundred and seventy-one.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of the Act entitled An Act authorizing a State loan, and levying a tax to provide means for the payment thereof, approved February twenty-seventh, eighteen hundred and seventy-one, is hereby amended so as to read as follows: Section Seven. Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next ensuing semi-annual interest, of five thousand dollars or more, in the Fund created by the fifth section of this Act, it shall be the duty of the Commissioners to advertise in one or more daily newspapers published in this State, and in the Cities of San Francisco and New York, for sealed proposals for the surrender of bonds issued under this Act. |
κ1873 Statutes of Nevada, Page 95 (CHAPTER 34)κ
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State, and in the Cities of San Francisco and New York, for sealed proposals for the surrender of bonds issued under this Act. They shall advertise the amount of money on hand applicable to the redemption of such bonds, and they shall accept such proposals, at rates not exceeding ten per cent. over par value, as may redeem the greatest amount of bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to or received by the said Commissioners, as provided in this section, it shall be their duty, by and with the advice and consent of the Governor, to invest the surplus on hand in said Interest and Sinking Fund, for the redemption of said bonds, in the interest-bearing gold bonds of the United States, which bonds, with the interest thereon, shall remain in said Interest and Sinking Fund, until it becomes necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act. |
To be invested, when. |
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Chap. XXXV.An Act to amend an Act entitled An Act to authorize a State loan for the purpose of paying the State proportion of the bonds issued under the Act approved February sixth, one thousand eight hundred and sixty-seven, and to fund the floating debt, and place the State upon a permanent cash basis, approved February twenty-seventh, eighteen hundred and seventy-one.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of the Act entitled An Act to authorize a State loan for the purpose of paying the State proportion of the bonds issued under the Act approved February sixth, eighteen hundred and sixty-seven, and to fund the floating debt and place the State upon a permanent cash basis, approved February twenty-seventh, eighteen hundred and seventy-one, is hereby amended so as to read as follows: Section Seven. Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus, after the payment of such interest, over and above the amount which it may be necessary for the payment of the next semi-annual interest, of five thousand dollars, or more, in the Fund created by the fifth section of this Act, it shall be the duty of the Commissioners to advertise in one or more daily newspapers published in this State, and in the Cities of San Francisco and New York, for sealed proposals for the surrender of bonds issued under this Act. They shall state in such advertisement the amount of money on hand applicable to the redemption of such bonds, and they shall accept such proposals, at rates not exceeding ten per cent. over par value, as may redeem the greatest amount of bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to or received by the said Commissioners, |
Surplus remaining after payment of interest, how disposed of. |
κ1873 Statutes of Nevada, Page 96 (CHAPTER 35)κ
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Surplus to be invested, when. |
the surrender of bonds presented to or received by the said Commissioners, as provided in this section, it shall be their duty, by and with the advice and consent of the Governor, to invest the surplus on hand in said Interest and Sinking Fund, for the redemption of said bonds, in the interest-bearing gold bonds of the United States; which bonds, with the interest thereon, shall remain in said Interest and Sinking Fund until it shall become necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act. |
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State and county taxes to be levied, when.
Lien of State and county taxes attaches, when. Assessment of State and county taxes, when to be made. Proviso. Taxes on proceeds of mines, and municipal taxes. Proviso. County Commissioners may prescribe time when Assessors shall commence work. Acts repealed. |
Chap. XXXVI.An Act to define the time for levying and assessing taxes for State and county purposes.
[Approved February 25, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All State and county taxes required to be levied by the Boards of County Commissioners of the several counties of this State, in pursuance of the revenue laws of this State, shall hereafter be levied by such Boards of County Commissioners on or before the first Monday of April in each year. Sec. 2. The lien against the property upon which such taxes may be levied, as provided by such revenue laws, shall hereafter attach upon such property on the first Monday of April in each year. Sec. 3. Between the first Monday of April and the second Monday of September, in each year, the County Assessors of the several counties of this State shall assess all property in their respective counties, and enter such assessments in the assessment rolls of their respective counties in manner and form as prescribed by the laws of this State; provided, that taxes on proceeds of mines, and all taxes levied for municipal purposes in incorporated cities and towns, shall be levied, assessed, and collected in the manner heretofore provided by law; and, provided further, that the County Commissioners of the several counties of the State may, by an order, prescribe the time, between the first Monday of April and the second Monday of September (not later than the first Monday in June), when the County Assessor shall commence his assessment. Sec. 4. All Acts, and parts of Acts, so far only as they conflict with the provisions of this Act, are hereby repealed. |
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Chap. XXXVII.An Act to provide for obtaining correct statements of the financial condition of the several counties of this State, and other matters of statistical information.
[Approved February 26, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the several County Auditors of this State, on the first day of December of each year, to prepare and forward to the Controller of State a statement, showing: First-The indebtedness of such county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof, and the amount of cash in the County Treasury, in its several Funds. Second-A careful estimate of the value of all property owned by such county. Third-The aggregate value of the real estate and personal property in such county, as shown by the last assessment roll, stating each separately. Fourth-The rate of taxation in said year in such county, and the amount of poll taxes collected, and the number of registered voters. Fifth-The amount of taxes so assessed, stating the portion, if any, there was delinquent. Sec. 2. On or before the first of March, of each year, the Surveyor General shall furnish to the Auditor of each county a sufficient number of copies of the circular letter provided for by section sixth of An Act concerning the office of Surveyor General, approved March twentieth, eighteen hundred and sixty-five, for the use of the County Assessor of the county, and said Auditor shall deliver the same to the Assessor, on or before the second Monday of March, of each year. Sec. 3. It shall be the duty of each County Assessor, at the time he delivers to the Clerk of the Board of Equalization his assessment roll, to deliver also a written report to the County Auditor, of the following matters within his county: First-The number of acres in agriculture, and the approximate amount of agricultural, grazing, and timber lands. Second-The number of horses, mules, jacks, jennies, cattle, sheep, goats, and swine. Third-The aggregate quantity of wheat, rye, maize, potatoes, grapes, and other agricultural products of the preceding year. Fourth-A statement of the approximate quantity of mineral lands in such county, and the approximate quality and value of such. Fifth-The number of mills, manufactories, distilleries, and breweries, classifying each; and the number and length of all flumes and water ditches used to convey water for mining, manufacturing, or agricultural purposes. |
County Auditor to make statement.
County indebtedness and interest.
Value of county property. Value of real and personal property in the county. Rate of taxation. Amount of taxes assessed. Surveyor General. Circular letter to County Auditors. County Auditor to deliver same to County Assessor. County Assessor to deliver statement to County Auditor. What Statement to contain. |
κ1873 Statutes of Nevada, Page 98 (CHAPTER 37)κ
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County Auditor to forward report to Surveyor General. Controller of State and Surveyor General to report to the Legislature
Surveyor General, circular letter to include what.
Blanks to be furnished County Auditors. Same to the County Assessors. Printing required by this Act, etc.
Information required to be given in Assessors reports, when to be gathered.
When Act to take effect. |
Sixth-He shall also report such other matters as may be required by the annual circular of the Surveyor General; and for such report he shall be allowed such a sum as may be fixed by the Board of County Commissioners, not exceeding the sum of fifty dollars; and until the delivery of such report the last months salary or wages of said Assessors shall be retained. Sec. 4. Each of such County Auditors shall, immediately upon receiving the report of the County Assessor provided for in this Act, forward the same, by mail or express, to the Surveyor General of the State. Sec. 5. The Controller of the State and the Surveyor General shall include in their annual reports to the Governor, a digest and synopsis, in tabular form, of all reports received by them under the provisions of this Act, and shall name therein the counties, if any, which have failed to make the report herein provided; and the Governor shall transmit said reports of the Controller and Surveyor General of the State to the Legislature. Sec. 6. It shall be the duty of the Surveyor General to cause to be inserted in his annual circular letter, provided for in section six of An Act concerning the office of the Surveyor General, approved March twentieth, eighteen hundred and sixty-five, so much of this Act as shall give the County Assessors knowledge of the duties required of them by this Act, and he shall cause to be printed an appropriate set of blanks for the use of such Assessors in reporting uniformly the matters required of them by this Act, and shall forward a sufficient number of such blanks to the County Auditor at the time of sending his circular letter, as in this Act provided. And the said Auditors, at the time of delivering said circulars, shall deliver to said Assessors the necessary blanks, as provided for in this Act. Sec. 7. The costs of printing by this Act required shall be audited by the Controller of State, and allowed and paid in the same manner as provided by law for other printing. Sec. 8. It is hereby required of the County Assessors and all Deputy County Assessors, that the information required of them by this Act shall be gathered and collected at the time they make their annual assessment for taxation, as required by law, and shall be gathered by diligent and personal inquiry; and each of them shall certify to said reports of statistical information, that the same has been so gathered, and is as full and complete as can reasonably be made. Sec. 9. This Act to take effect and be in force from and after its passage. |
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κ1873 Statutes of Nevada, Page 99κ
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Chap. XXXVIII.An Act relating to the sureties on the official bond of Eben Rhoades, late State Treasurer of the State of Nevada.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sureties upon the official bond of Eben Rhoades, late Treasurer of the State of Nevada, executed and approved on the thirtieth day of January, one thousand eight hundred and sixty-seven, are hereby released and discharged from all claims and demands on the part of the State of Nevada. Sec. 2. The Attorney General is hereby authorized and directed to discontinue any and all suits now pending in any of the Courts of this State against the said sureties upon said bond, or by reason thereof. Sec. 3. This Act to take effect from and after its passage. |
Sureties on bond of Eben Rhoades, late State Treasurer, released and discharged. All suits thereon, to be discontinued.
When Act to take effect. |
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This is to certify that Senate Bill number twenty-three, An Act relative to the sureties on the official bond of Eben Rhoades, late State Treasurer of the State of Nevada, passed the Senate February twenty-sixth, eighteen hundred and seventy-three, notwithstanding the objections of the Governor, by the following vote: Yeas, 17; nays, 7. FRANK DENVER, President of the Senate. Chas. F. Bicknell, Secretary of the Senate. This is to certify that Senate Bill number twenty-three, An Act relative to the sureties on the official bond of Eben Rhoades, late State Treasurer of the State of Nevada, passed the Assembly February twenty-sixth, eighteen hundred and seventy-three, notwithstanding the objections of the Governor, by the following vote: Yeas, 35; nays, 11. JOHN BOWMAN, Speaker of the Assembly. A. Whitford, Clerk of the Assembly. |
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Chap. XXXIX.An Act to regulate marks and brands of stock.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Owners of horses, mules, cattle, sheep, goats, or hogs running at large, must have a mark or brand, and counterbrand, different from any one in use by any other person, so far as may be known. Sec. 2. Every such owner shall record with the Recorder of his county, his mark, brand, and counterbrand, by delivering to said Recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt upon it, and the same shall be kept in the Recorders office; a certified copy thereof made by the Recorder, with the seal of his office attached thereto, shall be deemed evidence on the trial of any action in a Court of competent jurisdiction, as to the ownership of all animals legally marked or branded as hereinafter provided. |
Marks and brands and counterbrands. Marks, brands, and counterbrands to be recorded. |
κ1873 Statutes of Nevada, Page 100 (CHAPTER 39)κ
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Fees for recording
Recorder to transmit transcript, etc.
Penalty for neglect.
To be recovered before Justice of the Peace.
Stock, when to be branded.
Brand or mark in evidence.
Person to have but one mark, brand, or counterbrand. Proviso.
Penalty for using other brand than one recorded. Certain marks prohibited.
No mark, brand, or counterbrand lawful without recording. |
the Recorder, with the seal of his office attached thereto, shall be deemed evidence on the trial of any action in a Court of competent jurisdiction, as to the ownership of all animals legally marked or branded as hereinafter provided. The Recorder shall enter in a book to be kept by him for that purpose, a copy of said marks, brands, and counterbrands, provided that such Recorder shall be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, or as far as his knowledge extends, is different from any other in the State. For recording the mark, brand, and counterbrand, and transmitting the same as hereinafter provided, the Recorder shall be entitled to demand and receive two dollars. Sec. 3. It shall be the duty of every Recorder in this State to transmit to the Recorders of the adjoining counties, a transcript of all the marks, brands, and counterbrands recorded in his office, which shall be filed by any such Recorders in their offices, and reference thereto shall be made in every case of application for the record of marks and brands under this Act. Sec. 4. Any Recorder knowingly and willfully neglecting or refusing to comply with the provisions of this Act, shall forfeit and pay for every such neglect or refusal, any sum not less than twenty-five nor more than one hundred dollars, to be recovered before any Justice of the Peace of said county where such neglect or refusal may occur, by any person suing therefor, together with all costs and damages that may occur by such neglect or refusal. Sec. 5. Every person shall brand his horses and mules, and mark and brand his cattle before they are twelve months old, and mark his sheep, goats, and hogs, before they are six months old. On the trial of an action as provided in section two of this Act, to recover possession of any animal which is marked or branded as provided in this Act, the mark and brand shall be primary evidence that the animal belongs to the owner or owners of the mark or brand, and that he, she, or they were entitled to the possession of the said animal at the time of the commencement of the action. Sec. 6. No person shall use more than one mark, brand, or counterbrand; provided, however, this shall not extend to those persons who are the owners of more than one ranch or farm. Sec. 7. If any person shall use any mark, brand, or counterbrand other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counterbrand, he shall be liable to forfeit and lose to any person suing therefor, the stock so marked or branded with any other than his proper mark or brand recorded by him. Sec. 8. No person shall be allowed to use a mark by cutting off the ear, or by cutting the ear on both sides to a point; all persons who may have now such marks, shall be obliged to alter them with respect to the cattle, sheep, and hogs they may have to mark, after the passage of this Act. Sec. 9. No mark, brand, or counterbrand shall be considered as lawful if not recorded as specified in this Act; and all persons selling or disposing of any cattle which are not intended for slaughter, or any horses, mares, mules, jacks, or jennies, shall be required to counterbrand them on the shoulder, |
κ1873 Statutes of Nevada, Page 101 (CHAPTER 39)κ
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shall be required to counterbrand them on the shoulder, or give a written descriptive bill of sale, and any person failing to so counterbrand said animals, or give such written bill of sale, shall lose all benefits of this Act, and all rights to use said brand as evidence in any Court, under this Act. Sec. 10. If any person who, with the intent to defraud, or willfully mismark or misbrand any stock not his own, or kills any stock running at large, whether branded, marked, or not, shall, on conviction thereof, be deemed guilty of felony, and shall be punished by imprisonment in the State Prison for a term not less than six months nor more than five years. Sec. 11. This Act shall take effect form and after the first day of May, eighteen hundred and seventy-three. |
Counterbranding, or bill of sale, when required.
A felony to mismark or misbrand stock, or to kill stock running at large. Penalty. Act to take effect. |
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Chap. XL.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five hundred and eighty-two of said Act is hereby amended so as to read as follows: Section Five Hundred and Eighty-two. All causes appealed to the District Court shall be tried anew in said Court, and said Court may regulate by rule the practice in such cases in all respects not provided for by statute; provided, that the appellant shall in no case recover from respondent the cost incurred on appeal, unless he recover in the District Court a judgment more favorable to himself than the judgment appealed from, but shall, unless he recover in the District Court a judgment more favorable to himself than the judgment appealed from, pay the costs of respondent on appeal; and if such judgment be a money judgment in favor of appellant, and of sufficient amount to cover respondents costs, such costs shall be deducted from said judgment; and in all other cases respondent shall have judgment against the appellant for the amount of his costs so incurred; provided, that whenever the Judge of the appellant Court shall be satisfied from the evidence that the appellant had reasonable grounds for his appeal, and that such appeal was taken in good faith for the sole purpose of promoting the ends of justice, such Judge may then order such costs to be taxed against the respondent, or may apportion the costs between the parties in such manner as will be just. |
Causes to be tried anew.
Costs of appeal against appellant not recovering a more favorable judgment.
Satisfaction of Judge as to reasonableness of appeal. |
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κ1873 Statutes of Nevada, Page 102κ
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Salary District Judge of Fifth District. |
Chap. XLI.An Act to apportion the payment of the salary of the District Judge of the Fifth Judicial District between Churchill and Nye Counties.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Hereafter, Churchill County shall pay fourteen hundred dollars of the salary of the District Judge of the Fifth Judicial District, comprising Churchill and Nye Counties; and Nye County shall pay twenty-two hundred dollars thereof. |
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Wills of married women. |
Chap. XLII.An Act to amend an Act entitled An Act concerning wills, approved December nineteenth, eighteen hundred and sixty-two.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. Any married woman may dispose of all her separate estate by will, absolutely, without the consent of her husband, either express or implied, and may alter or revoke the same in like manner as a person under no disability may do. Her will must be attested, witnessed, and proved in like manner as all other wills. |
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Certificate of election of Trustees and Directors. |
Chap. XLIII.An Act to amend an Act entitled An Act to provide for the incorporation of religious, charitable, literary, scientific, and other associations, approved March second, one thousand eight hundred and sixty-seven.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. Upon the appointment or election of such Trustees or Directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the Judges holding the election, or the Secretary of the association or society, stating the names of the Trustees or Directors. |
κ1873 Statutes of Nevada, Page 103 (CHAPTER 43)κ
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the association or society, stating the names of the Trustees or Directors. The name by which the association or society shall thereafter forever be called and known shall be particularly mentioned and specified. |
Names of Trustees or Directors. Name of association or society. |
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Chap. XLIV.An Act for the relief of R. Webber and D. B. Collins.
[Approved February 27, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifteen hundred dollars is hereby appropriated out of the General Fund not otherwise appropriated for the payment of R. Webber and D. B. Collins for medical attendance upon-Isaacs, who was wounded in the emeute from the State Prison, on the seventeenth day of September, A. D. eighteen hundred and seventy-one. Sec. 2. The Controller of State is hereby authorized and required to draw his warrant in favor of R. Webber and D. B. Collins, conjointly, in full satisfaction of the above named claim, and the Treasurer of State is hereby required to pay the same. |
Appropriation made.
Controller to draw his warrant. |
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Chap. XLV.An Act for the government and maintenance of the State Orphans Home.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The administration of the State Orphans Home shall be under the control of a Board of three Directors, to consist of the Superintendent of Public Instruction, Surveyor General, and State Treasurer. They shall elect from their number a President and Secretary. They shall be known by the name and style of the Directors of the State Orphans Home. Sec. 2. The Directors shall have full power to manage and administer the affairs of said Home, 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 second week of each session, a biennial report, showing the amount of receipts and expenditures, the condition of the Home, the number of orphans and half orphans admitted and discharged during the interval between the regular sessions of the Legislature; |
Board of Directors.
President and Secretary of Board. Powers and duties of Directors.
Record of proceedings. Report to the Legislature. |
κ1873 Statutes of Nevada, Page 104 (CHAPTER 45)κ
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Power to erect buildings. To appoint Superintendent and Matron.
Accounts against the Home. Controller to draw warrant. Salaries of Superintendent, etc
Directors to inform Trustees of Nevada Orphan Asylum.
Orphans declared wards of the State.
Whole orphans admitted by order of District Court or Judge, proceedings to have.
Proviso. |
and half orphans admitted and discharged during the interval between the regular sessions of the Legislature; they shall have power to erect such additions to the building occupied as the Home (with the appropriations made biennially for its support) as may be necessary for the proper care and accommodation of the inmates; to appoint a Superintendent and Matron, who shall be man and wife, and a teacher, who shall reside at the Home, and have charge of the educational department-said teacher to be duly qualified as is now provided under the State School Law. The Directors shall also have power to employ all other suitable persons necessary to conduct the affairs of the Home. Sec. 3. All accounts and demands against the State Orphans Home shall be examined and approved by the Board of Directors before going before the State Board of Examiners, and when allowed by the Board of Examiners, the Controller of State shall draw his warrant on the State Orphans Home Fund for the amount. Sec. 4. The salary of the Superintendent and Matron shall not exceed in the aggregate two thousand dollars per annum, nor that of the teacher one thousand dollars per annum, nor that of the Secretary three hundred dollars per annum. Sec. 5. It is hereby made the duty of the Board of Directors to inform the Trustees of the Nevada Orphan Asylum that they will receive all orphans in their charge, now maintained in any manner by the State, and will bear all the necessary expenses in their removal, at any time when desired by the Trustees of said Nevada Orphan Asylum. Sec. 6. It is hereby determined and declared that all orphans duly admitted to the State Orphans Home thereby become the wards of the State of Nevada, and are entitled, under the provisions of this Act, to the care, protection, and guardianship of the State of Nevada; and it is further determined and declared that the State of Nevada, for the care, protection, and guardianship of all such wards, is entitled to their services as herein provided, and has the right to train and educate them for useful places in society, and that such rights of the State are superior to the claims of any and all relations or persons, resident or non-resident. Sec. 7. Upon the application, in writing, of any citizen of the State of Nevada, in behalf of any whole orphan, to the District Judge of any county, showing such orphan to be the child of parents who (or either of them) at the time of decease were resident citizens of the State of Nevada, and that the condition of said orphan is such that it would be for his or her best interest to be admitted to the State Orphans Home, and giving the name and place of residence of the nearest relation of such orphan, resident in the State of Nevada, such application being verified by the oath of the party making it, the District Judge, sitting either in chambers or as a Court, shall issue a citation, to be served, respected, and enforced as are other judicial writs, commanding applicant to be and appear before him, at a time and place to be specified, not less than five days thereafter (provided, said District Judge may, in his discretion, shorten the time), and make proof concerning the matter in the application set forth, and a notice of the hearing shall be given in like manner to the nearest relation of the orphan, |
κ1873 Statutes of Nevada, Page 105 (CHAPTER 45)κ
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and a notice of the hearing shall be given in like manner to the nearest relation of the orphan, resident in the State; at the same time the Judge shall cite the party having the control or custody of said orphan to bring him or her before the Judge on the date of hearing. On the day of the hearing the Judge or Court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him, and shall examine said orphan separate and apart from all persons, and if the Judge or Court determines that it is for the best interests of such orphan and of the State that he or she shall be admitted to the privileges of the State Orphans Home, he shall make an order to that effect, and direct the Sheriff or some other suitable person to convey or have conveyed said orphan to said Home, accompanied by a copy of the order of the Court, and delivered to any member of the Board of Directors of said Home. Any whole orphan under the age of ten years need not be brought before such Judge or Court on the day of hearing mentioned; but on application, in writing, as hereinbefore set forth, of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the Judge, be omitted. The expenses of the proceedings herein provided for, and of the transportation of orphans to the Home, shall be a county charge. Sec. 8. All orphans admitted to the State Orphans Home, shall, under the direction of its Board of Directors, be taught the usual branches of an English education, and the male orphans shall be taught useful trades and occupations, and engaged in useful employment, as the Board of Directors shall order. The female orphans shall be taught the useful occupation of housewifery, and such other useful occupations as the Board of Directors may provide. All labor and occupation shall be fitted to the capacity and best ability of the orphan, as the Board of Directors may determine. Sec. 9. Upon complying with the requirements of this Act, all orphans under fourteen years of age may be admitted to the State Orphans Home; and for the purposes of this Act, the age of majority for all orphans that are or may be wards of the State, shall be eighteen years. Sec. 10. If during the wardship of any orphan in said Home, he or she shall escape or remain absent from said Home without consent of due authority, it shall be lawful and it is hereby made the duty of the Board of Directors, and such officers as they may empower, to pursue and capture such ward and return him or her to the Home; and they are hereby empowered, in the name of the State of Nevada, with the consent of the Attorney General, to bring and maintain a summary action at law, or to sue out a writ of habeas corpus to recover and detain any escaping orphan from such Home. And in case any orphan in said Home shall be or become possessed of property, it shall be the duty of said Board of Directors to appear in any Court or proceeding for the purpose of having appointed a proper guardian of the estate of such orphan, and at all times to appear, answer for, and represent said orphan for the protection and care of such property. |
Party having custody of orphan to be cited.
Expense to be a county charge.
Orphans to be educated, and taught useful trades and occupations
Orphans admitted under fourteen years. Age of majority.
Escaping orphans to be recaptured.
Action may be brought.
Board to appear in all proceedings affecting property of ward. |
κ1873 Statutes of Nevada, Page 106 (CHAPTER 45)κ
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Board of Directors may discharge or apprentice orphan.
Half orphans may be admitted.
Half orphans wards of the State.
Orphan to be returned to parent or guardian competent to support.
Estimates to be furnished by Superintendent and Matron to Board of Directors.
Notice of proposals for supplies
Duties of Board of Directors with respect to proposals for supplies |
pear, answer for, and represent said orphan for the protection and care of such property. Sec. 11. Whenever said Board shall deem it for the best interest of any orphan in said Home, or of the State, they may discharge any orphan therein; and they are hereby empowered, whenever they may deem it meet and proper, to apprentice any orphan in said Home to the head of any family, or to any person carrying on a useful and proper business; but in all such indentures of apprenticeship the Board shall reserve the power to themselves at any time to cancel the same, and reclaim said orphan to the Home whenever in their judgment the best interests of said orphan and the State shall demand. Sec. 12. Nothing in this Act shall be construed to prevent the Board of Directors, at their discretion, from receiving any half orphan from its living resident parent into said Home upon such terms and under such contract as said Board may determine; and they may require the living parent of any half orphan so admitted to contribute such sum to its support as they may determine. Sec. 13. Half orphans admitted to the Home are hereby declared and adjudged to be wards of the State as fully as whole orphans, subject only to such conditions of admission as may be fixed by the Board of Directors. Sec. 14. The Board, on the certificate of the District Judge of the county from which any orphan or half orphan was sent, that the parent or guardian is competent to resume the guardianship of such orphan, shall release said orphan, and return him or her to such guardian, and such guardian shall be required to pay all the expenses incident to the removal and return of such orphan to his or her guardian. Sec. 15. It shall be the duty of the Superintendent and Matron to furnish, on the first Monday of each quarter of the year, to the Board of Directors, an estimate of all stores, supplies, and fuel required for the use of the State Orphans Home for the next ensuing three months. The said estimates shall state the kind, quality, and amount of such stores, supplies, and fuel, and shall be filed in the office of the Secretary, always subject to examination. Sec. 16. The Board of Directors, upon the receipt of said estimate, shall give notice by advertisement, in one daily paper in Ormsby County, for six days, that sealed proposals will be received for furnishing to the State Orphans Home the amount, quality, and kind of stores, supplies, and fuel, contained in the quarterly estimate now on file in the office of the Secretary of the Board of Directors of the State Orphans Home. Sec. 17. The Board of Directors and Secretary are hereby directed to meet at the office of the Secretary on the first Monday of the second week in each quarter, and then and there open all the sealed proposals. The lowest sealed proposals in price shall be accepted, and noted in the minutes of the Secretary, and the Seeretary shall notify the person or persons of the acceptance of their proposal for furnishing the State Orphans Home with stores, supplies, and fuel; provided, the Board of Directors shall have the right to reject any and all bids from persons not responsible. |
κ1873 Statutes of Nevada, Page 107κ
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Sec. 18. All Acts, and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.
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Chap. XLVI.An Act to create the County of Eureka and provide for its organization.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County of Eureka is hereby created, with the following boundaries, to wit: All that portion of the State of Nevada bounded and described as follows, viz: Beginning at a point on the north boundary line of Lander County, equidistant between the northeast and northwest corners of said Lander County; thence running due south from said initial point to the south boundary line of said Lander County; thence running east along said south boundary line of Lander County to the southeast corner of said Lander County; thence running north along the east boundary line of said Lander County to the northwest corner of White Pine County; thence running west along the south boundary line of Elko County to the southwest corner of said Elko County; thence running along the west boundary line of Elko County to the northeast corner of said Lander County; thence running west along the north boundary line of said Lander County to the place of beginning. The County of Eureka shall employ and pay some competent surveyor to establish the boundary line between the said Counties of Lander and Eureka. Sec. 2. The county seat of said county is hereby located at the Town of Eureka; a Court House, Jail, and other necessary county buildings, shall be provided by the County Commissioners of said county. Sec. 3. The following named persons shall be and are hereby constituted the officers of said county, who shall hold their respective offices until their successors are elected and qualified, to wit: Sheriff, John D. Sullivan; County Recorder, A. S. Campbell; County Clerk, F. H. Harmon; County Assessor, C. C. Wallace; County Treasurer, W. A. Seaton; County Surveyor, W. A. Edwards; District Attorney, George W. Baker; Public Administrator, Francis Hanson; County Superintendent of Public Schools, William Head; County Commissioners, D. H. Hall, E. E. Phillips, L. W. Cromer. The said officers shall perform the duties now or hereafter required by law of officers of the same character in the other counties of this State; provided, that five hundred or more of the qualified electors of the County of Eureka shall, on or before the first Monday in July, A. D. eighteen hundred and seventy-three, petition the Board of County Commissioners to order an election for county officers, as above named. Then it shall be the duty of the Board of County Commissioners to call an election to fill the various county offices, on the first Monday in August, A. |
Acts repealed.
County of Eureka created. Boundaries.
County line to be established. County seat and county buildings.
Officers of county constituted and appointed.
Proviso. Special election for county officers first Monday of August, A. D. 1873. |
κ1873 Statutes of Nevada, Page 108 (CHAPTER 46)κ
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Townships and township officers continued.
Senatorial and Assembly representation of Eureka and Lander Counties.
Proviso.
Salaries of officers.
Eureka County to assume and pay portion of debt of Lander County. Lander County Debt Fund created. Payments from Lander County Debt Fund, how made. |
Board of County Commissioners to call an election to fill the various county offices, on the first Monday in August, A. D. eighteen hundred and seventy-three; and the Board of County Commissioners are fully authorized and empowered to make all necessary arrangements to carry this provision into effect. In the event of an election, in compliance with the provisions of this section, on the first Monday in August, A. D. eighteen hundred and seventy-three, all officers elected at that time shall hold their respective offices until the next general election, or until their successors are elected and qualified. The townships embraced within the territory comprising the County of Eureka shall be and as heretofore fixed and established during the time the same composed a part of Lander County, until otherwise changed by the County Commissioners; and the Justices of the Peace and Constables heretofore elected or appointed to office in said townships, as Justices and Constables of Lander County, shall hold the offices of Justices of the Peace and Constables of said townships, respectively, for the County of Eureka, until their successors are elected and qualified. Sec. 4. The Counties of Lander and Eureka shall be entitled, severally, to elect Senators and Assemblymen, as prescribed in this section, to wit: at the general election, for members of the Legislature, in the year eighteen hundred and seventy-four, the County of Lander shall elect one Senator and two Assemblymen; and the County of Eureka shall elect two Assemblymen at said election; and at the general election, in the year eighteen hundred and seventy-six, the County of Eureka shall elect one Senator and two Assemblymen; provided, that if a vacancy shall occur in the office of Senator from Lander County, now filled by the Hon. G. W. Cassidy, by reason of his death, resignation, or otherwise, then the Counties of Lander and Eureka shall jointly elect one Senator to fill such vacancy for the unexpired term. Sec. 5. The salary of the District Attorney for Eureka County is hereby fixed at twelve hundred ($1,200) dollars per annum; and the salary of the County Treasurer shall be sixteen hundred ($1,600) dollars per annum; and the salary of the County Superintendent of Public Instruction shall be fixed by the County Commissioners, not to exceed six hundred ($600) dollars per annum; and their fees shall be the same as officers of like character under the laws of this State. Sec. 6. The County of Eureka shall assume, and pay to Lander County, one half of the debt of said county at the time this Act takes effect. For the purpose of paying said amount, twenty per cent. of all the county revenues collected by the County of Eureka shall be placed in a Fund, to be called the Lander County Debt Fund, which Fund shall be applied exclusively to the payment of said debt until the whole of said share of indebtedness shall be paid. Warrants drawn upon the County of Eureka in favor of the County of Lander, under the order of the Board of Commissioners of Eureka County, shall be paid out of said Fund by the Treasurer of said county until the said share shall be fully satisfied. All moneys received from Eureka County by Lander County shall be accredited in the Redemption Fund of said latter county. |
κ1873 Statutes of Nevada, Page 109 (CHAPTER 46)κ
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the Redemption Fund of said latter county. The County Commissioners of the respective counties aforesaid shall conjointly determine the amount of said debt that the said Eureka County shall pay to the said County of Lander. Sec. 7. Eureka County shall be a portion of the Sixth Judicial District until otherwise provided by law. It shall be the duty of the District Judge of the Sixth Judicial District, to hold terms of Court in said Eureka County, at the county seat of said county, commencing on the first Monday of February, May, August, and November, successively, after the organization of said Eureka County. Said Eureka County shall pay one half of the salary of the Judge of the Sixth Judicial District out of the District Judges Salary Fund of said county, under the order of the County Commissioners of said Eureka County, after the organization of said county, until otherwise provided by law. Sec. 8. All suits now pending in the District Court of the Sixth Judicial District, which in any way appertain to property, real, personal, or mixed, belonging to or being in the County of Eureka after its organization, and all actions for the recovery of any debt, claim, or demand whatsoever, between citizens of Eureka County, shall, (if then undetermined) at least ten days before the first day of the first term of the District Court of the Sixth Judicial District, be by the County Clerk of Lander County transferred, duly and legally certified, to the County Clerk of Eureka County, and all suits so transferred shall be by the County Clerk of said Eureka County, filed in his office, and entered in the calendar of the aforesaid first term of said District Court; 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. Sec. 9. 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 in said County of Eureka, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage of this Act, and when completed shall be delivered to the County Recorder of said Eureka 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 claims for said compensation shall be allowed by the County Commissioners of Eureka County on the completion and delivery of said transcript and index, and be paid as other claims against said county. Sec. 10. The provisions of this Act shall take effect and be in full force from and after the twentieth (20th) day of March, A. D. eighteen hundred and seventy-three, at which time said county shall be duly organized. |
Eureka County part of Sixth Judicial District. Terms of Court.
Eureka County to pay half of salary of Judge.
Transfer of actions from Lander to Eureka County.
Proviso.
Recorder of Landor County to transcribe records.
Compensation.
Act to take effect. |
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κ1873 Statutes of Nevada, Page 110κ
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Appropriation.
Controller to draw warrant. |
Chap. XLVII.An Act for the relief of John B. Helm, Sheriff of Esmeralda County.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-two hundred and fifty-one ($2,251) dollars, less five hundred dollars paid for capture of said prisoners, is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into such General Fund, for the payment of John B. Helm, Sheriff of Esmeralda County, for expenses incurred by him in the months of September and October, eighteen hundred and seventy-one, in recapturing and returning to the State Prison of this State, John Burk and Tilton Cockerell, escaped prisoners. Sec. 2. The Controller of this State is hereby directed to draw his warrant in favor of said John B. Helm for said amount, and the State Treasurer is hereby directed to pay the same. |
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Appropriation.
Controller to draw warrant. |
Chap. XLVIII.An Act for the relief of Francis S. Armistead.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven hundred and fifty ($750) dollars is hereby appropriated, out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into said General Fund, for the payment of Francis S. Armistead, for actual expenses incurred by him for capturing Leander Morton and Moses Black, State Prison convicts, in the month of September, eighteen hundred and seventy-one. Sec. 2. The Controller of State is hereby directed to draw his warrant in favor of said Francis S. Armistead for said amount, and the State Treasurer is hereby directed to pay the same. |
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κ1873 Statutes of Nevada, Page 111κ
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Chap. XLIX.An Act for the relief of the California Institution for the Education of the Deaf and Dumb and the Blind.
[Approved March 1, 1873.]
Whereas Through clerical error, the appropriation for the education of the deaf and dumb of the State for the seventh and eighth fiscal years was insufficient; and whereas, by action of the State Board of Examiners, the sum of six hundred and eighty-five dollars is found due the California Institution for the support and education of pupils from this State during the year eighteen hundred and seventy-two; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller is hereby directed to draw his warrant upon the General Fund, in favor of the California Institution for the Deaf and the Dumb and the Blind, for the sum of six hundred and eighty-five dollars, and the Treasurer is directed to pay the same out of any moneys in said Fund not otherwise appropriated. |
Preamble.
Controller of State to draw warrant. Treasurer of State to pay warrant. |
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Chap. L.An Act to create and fix the compensation of the office of President of the Board of Directors of the State Library.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of President of the Board of Directors of the State Library is hereby created. Sec. 2. The Attorney General shall be President of the Board of Directors of the State Library, and shall receive, as compensation for duties performed by him as such President, the sum of one hundred dollars per month, payable quarterly, out of any money not otherwise specifically appropriated. Sec. 3. This Act shall be in force from and after its passage, and shall continue in force until the first Monday in January, A. D. eighteen hundred and seventy-five, and no longer. |
Office of President of Board Library Directors created. Attorney General to be President of Board. Compensation. Act in force, when to continue. |
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κ1873 Statutes of Nevada, Page 112κ
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Appropriation.
Controller to draw warrant.
Act to take effect. |
Chap. LI.An Act to authorize the payment of the claim of Alexander Leport, for wood furnished the State, for the use of the sixth session of the Legislature of Nevada.
[Approved March 1, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fourteen hundred and fifty-two dollars is hereby appropriated, out of any moneys in the General Fund not otherwise specifically appropriated, for the purpose of paying the claim of Alexander Leport, for wood furnished for the use of the Legislature of Nevada, at its sixth session; and the Controller of State is hereby authorized and required to draw his warrant upon the Treasurer, in favor of said Alexander Leport, for said amount, and the Treasurer is hereby required to pay the same. Sec. 2. This Act shall be in force and take effect on and after its passage. |
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Appropriation.
Controller to draw warrant. |
Chap. LII.An Act to provide for the payment of the claim of Calvin Swift.
[Approved March 3, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four hundred dollars is hereby appropriated, out of any funds in the State Treasury not otherwise specially appropriated, for the purpose of paying the claim of Calvin Swift, for three and one third months serving as employe for State Mineralogist, during the year A. D. eighteen hundred and sixty-nine, in the field. Sec. 2. The Controller of this State is hereby directed to draw his warrant in favor of said Calvin Swift, for said amount, and the State Treasurer is hereby directed to pay the same. |
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κ1873 Statutes of Nevada, Page 113κ
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Chap. LIII.An Act to create Contingent Funds for the Senate and Assembly.
[Approved March 3, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Treasurer is hereby authorized and directed to set apart, from any moneys in the General Fund not otherwise appropriated, the sum of twenty-five hundred dollars, one thousand dollars of which sum shall constitute the Contingent Fund of the Senate, and fifteen hundred dollars of which sum shall constitute the Contingent Fund of the Assembly. Sec. 2. The said Funds shall be under the exclusive control of the Senate and Assembly, respectively. Each House may direct the payment of moneys from its own Contingent Fund, by resolution, and the Controller of State is authorized and required to draw his warrant in accordance therewith. |
Contingent Fund of Senate and Contingent Fund of Assembly created.
Funds controlled and disbursed, how. Controller to draw warrant. |
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Chap. LIV.An Act to provide for the support and maintenance of the public schools of Eureka County.
[Approved March 3, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Treasurer of Lander County is hereby authorized and required to pay over to the Treasurer of Eureka County, for the use and benefit of the public schools of said county, such portion of the moneys now in the School Fund of said Lander County as may, by pro rata apportionment, belong to the several districts included within the limits of said Eureka County, said moneys to be held and disbursed in accordance with the provisions of the School Law of this State. Sec. 2. The Superintendent of Public Instruction is hereby authorized and required, in making his second semi-annual apportionment for the year eighteen hundred and seventy-three, to apportion such moneys as may be demanded by the school census returns on file in his office, from Austin, Reese River Valley, and Argenta Districts, to Lander County, and such moneys as may be demanded by said returns, from Eureka and Palisade Districts, to Eureka County. |
Treasurer Lander County to pay over to Treasurer Eureka County certain school moneys. How disbursed. Superintendent of Public Instruction to apportion certain moneys to Lander County and Eureka County, respectively. |
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κ1873 Statutes of Nevada, Page 114κ
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License and oath.
License, payment of. |
Chap. LV.An Act to amend an Act entitled An Act to amend an Act relative to Attorneys and Counselors at law, approved March fourth, eighteen hundred and seventy-one.
[Approved March 3, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section Four. Every person, before receiving a license to practice law, shall take, before some officer, authorized by the laws of this State to administer oaths, the oath prescribed by law, and after procuring the State Controllers order on the State Treasurer, to receive the same, pay over to said State Treasurer the sum of twenty-five dollars for the use of the State Library Fund; and the Clerk of the Court shall require of the person so admitted, the clearance of the State Controller, certifying the payment of said twenty-five dollars into the State Treasury, before issuing such license, and in no case shall the license be issued until such clearance is filed in the office of the Clerk. |
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Agents to be appointed to represent State of Nevada before Land Office and Department of Interior, at Washington, D. C. Duties of agent. Compensation.
Appropriation. |
Chap. LVI.An Act providing for the appointment and payment of an Agent or Agents, at Washington, D. C., for attending to the certification of lands granted by Congress to the State of Nevada.
[Approved March 3, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents are hereby authorized and required to appoint an agent or agents, who shall be duly authorized to represent the State of Nevada, before the General Land Office and Department of the Interior, at Washington, D. C.; and whose duty it shall be to attend to the certification of lands selected in satisfaction of the grants made by Congress to said State, and to represent said State in all matters growing out of the adjustment and settlement of said grants. The said Board of Regents shall fix the compensation of the said agent or agents, at a sum not exceeding one thousand five hundred dollars per annum; and the amount so fixed shall be paid annually out of any moneys in the State Treasury not otherwise appropriated, upon bills to be certified and approved by the Board of Examiners; in payment of which the Controller of State shall draw his warrant upon the Treasurer of State. And the sum of three thousand dollars is hereby appropriated for the aforesaid purpose. |
κ1873 Statutes of Nevada, Page 115 (CHAPTER 56)κ
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Sec. 2. An Act entitled An Act supplementary to an Act entitled An Act to provide for the selection and sale of the lands granted by the United States, to the State of Nevada, approved April second, eighteen hundred and sixty-seven, and providing for the payment of the claim of Britton and Gray, approved February twentieth, eighteen hundred and seventy-one, is hereby repealed. |
Acts repealed. |
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Chap. LVII.An Act to amend an Act of the Governor and Legislative Assembly of the Territory of Nevada, entitled An Act relating to Sheriffs, approved November twenty-eighth, eighteen hundred and sixty-one.
[Approved March 4, 1873.]
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. It shall be the duty of the Sheriff to attend in person, or by deputy, at all sessions of the District Court in his county, and to obey all the lawful orders and directions of the same; to execute the process, writs, or warrants of Courts of justice, judicial officers, and Coroners, when delivered to him for that purpose. |
Duty of Sheriff to attend terms of Court, etc. |
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Chap. LVIII.An Act to provide funds for the payment of the current expenses of Eureka County.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Eureka County, Nevada, are hereby authorized and empowered to issue the bonds of said county, in any sum not to exceed twenty thousand dollars. No bonds issued as herein provided shall be of less amount than two hundred dollars, and none for a greater amount than one thousand dollars each. Said bonds shall bear interest at a rate not to exceed eighteen per cent. per annum, and shall be redeemed in the following manner: Said bonds shall be payable at the office of the County Treasurer of Eureka County on the first Monday of July, A. D. eighteen hundred and seventy-seven. Of the first moneys coming into the County Treasury in the years A. D. eighteen hundred and seventy-three and eighteen hundred and seventy-four, and after the apportionment has been made for State purposes, and to the District Judges Salary Fund, the County Auditor shall set apart a sufficient sum to pay the interest on said bonds; |
Issuance of bonds authorized.
Bonds redeemed, how. |
κ1873 Statutes of Nevada, Page 116 (CHAPTER 58)κ
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County Auditor to set apart moneys.
Sale of bonds, how made.
Proviso. Proceeds not to be applied on, fees or salaries. Bonds to be printed by County Commissioners. Interest, when and where payable. |
cient sum to pay the interest on said bonds; and during the years eighteen hundred and seventy-five and eighteen hundred and seventy-six, and up to July, A. D. eighteen hundred and seventy-seven, sufficient shall be set apart to pay the bonds and remaining interest. Sec. 2. Whenever, in the opinion of the Board of County Commissioners, the issuance of said bond is necessary for the best interest of said Eureka County, the County Treasurer shall sell, at par, not over five thousand dollars worth of bonds, unless otherwise ordered by the Board of County Commissioners; and the proceeds thereof shall be placed in the County Treasury, as a Fund for the payment of the current expenses of said county; provided, that no portion thereof shall be appropriated or paid as salaries or fees to county officers, unless in transporting persons convicted of crime to the State Prison. Sec. 3. The County Commissioners are hereby authorized and empowered to have the bonds printed in form and manner to carry out the provisions of this Act. Sec. 4. The interest on said bonds shall be payable semi-annually, at the office of the County Treasurer, in Eureka, Eureka County, Nevada. |
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Deficiency appropriations. |
Chap. LIX.An Act making appropriations for deficiencies in seventh and eighth fiscal years.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums of money are hereby appropriated out of any money in the Treasury, not otherwise appropriated, for miscellaneous deficiency claims against the State: To Alfred Helm, one hundred and sixteen dollars and sixty cents; to Samuel C. Wright, one hundred and twenty dollars; to E. B. Rail, four hundred and nine dollars and seventy-five cents; to H. S. Mason, two hundred and ninety-nine dollars and fifteen cents; to Bragg and Folsom, six hundred and seventeen dollars and fifty cents; to Henry Meyers, seven hundred and seventeen dollars and seventy-five cents; to John G. Fox, four dollars; to McNally and Hawkins, sixteen hundred and ten dollars and ninety-eight cents; to Wells, Fargo & Co., seven dollars; to Jerry Schooling, one hundred and fifty dollars; to William E. Armstrong, three hundred and twenty dollars; To Maxim Gas Company, thirty-nine dollars; to Carson Post Office, thirty-six dollars and fifteen cents; to Richard Mills, eighteen dollars and fifty cents; to Brittan & Co., two hundred and forty-nine dollars and fifty cents; to Abram Curry, eight hundred dollars; to George B. Webb, fifty dollars; to Mrs. George B. Webb, fifty dollars; to Miss M. Curry, forty dollars; to Miss Bessie Roy, forty dollars; to Miss A. M. Barton, thirty-four dollars and sixty-seven cents; to Mrs. B. Kelly, five dollars and thirty-three cents; |
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and thirty-three cents; to John G. Fox, twenty-nine dollars and ninety-three cents; to Ah Sam, twenty dollars; to John Rosser, one hundred and thirty-five dollars and ninety-eight cents; to Olcovich Brothers, one hundred and thirty-seven dollars and twenty-five cents; to O. P. Willis, forty-one dollars and twenty-five cents; to Dr. J. P. Mooklar, fifty dollars and ninety-eight cents. For clerical services in the office of the State Land Register, to be paid out of the State School Fund, the following amounts: To S. H. Day, two hundred and thirteen dollars and eighty-six cents; to T. W. Healy, eighty-three dollars and thirty-three cents; to Alexander Mitchell, eight hundred dollars; provided, that the sums in this Act enumerated shall be, and they are hereby, appropriated as full payment of the claims herein recited. |
Deficiency appropriations.
Proviso. |
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Chap. LX.An Act to amend an Act entitled An Act to authorize the Commissioners of Ormsby County to issue to the Virginia and Truckee Railroad Company, bonds to the amount of two hundred thousand dollars, and to provide for the payment of the same, approved January twenty-seventh, eighteen hundred and sixty-nine.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven, of said Act, shall be amended so as to read as follows: Section Seven. Whenever at any time, all interest due upon 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, may proceed to notify the holders of said bonds, by advertising, or by such other means as they at their option may deem expedient, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals for surrendering the same, to be filed with the Clerk of said Board on or before a day named therein. 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, and to the extent of the amount named shall purchase the bonds so offered, giving preference in all cases to the bidder who shall offer said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds. |
Surplus not needed to be applied to payment of bonds.
Proposals to surrender bonds invited. Proposals opened.
Proviso. |
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Tax of one half of one per cent. authorized, to improve and repair county buildings. |
Chap. LXI.An Act to authorize the Board of County Commissioners of Douglas County to levy a special tax for building purposes.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of the County of Douglas are hereby authorized and empowered to levy and collect a tax, of not to exceed one half of one per cent., on the taxable property in the county, for the purpose of improving and repairing the county buildings in Douglas County. |
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Drawing, etc., deadly weapons.
Misdemeanor. Penalty. Proviso.
Duties of military, civil, and peace officers.
Assault. Punishment. |
Chap. LXII.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty of said Act is hereby amended so as to read as follows: Section Forty. Any person in this State, having, carrying, or procuring from another person, any dirk, dirk knife, sword, sword cane, pistol, gun, or other deadly weapon, who shall, in the presence of two or more persons, draw or exhibit any of said deadly weapons, in a rude, angry, or threatening manner, not in necessary self-defense, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars, or shall be imprisoned in the County Jail for a term not exceeding six months; provided, nevertheless, that no Sheriff, Deputy Sheriff, Marshal, Constable, or other peace officer shall be held to answer under the provisions of this Act, for drawing or exhibiting any of the weapons hereinbefore mentioned, while in the lawful discharge of his or their duties. It shall be the duty of all military, civil, and peace officers in this State to be vigilant in carrying the provisions of this Act into full force and effect. Sec. 2. Section forty-six of said Act is hereby amended so as to read as follows: Section Forty-six. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, and every person convicted thereof shall be fined not exceeding five hundred dollars, or imprisoned in the County Jail not exceeding six months. |
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Sec. 3. Section forty-seven of said Act is hereby amended so as to read as follows: Section Forty-seven. An assault with intent to kill, commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the State Prison for a term not less than one year nor more than fourteen years. An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the State Prison not less than one year nor exceeding two years, or to a fine not less than one thousand nor exceeding five thousand dollars, or to both such fine and imprisonment. Sec. 4. Section forty-eight of said Act is hereby amended so as to read as follows: Section Forty-eight. Assault and battery is the unlawful beating of another, and a person duly convicted thereof shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the County Jail for a term not exceeding six months. |
Assault with intent. Punishment.
Assault with deadly weapon.
Punishment.
Assault and battery. Punishment. |
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Chap. LXIII.An Act relative to the salary of the Judge of the Seventh Judicial District.
[Approved March 4, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The salary of the Judge of the Seventh Judicial District, shall be five thousand dollars in coin, per annum, on and after the expiration of the term for which the present incumbent was elected; provided, in case a vacancy shall occur in the office of District Judge of said district, during the term of the present incumbent, then the salary of the Judge of said Judicial District shall be five thousand dollars per annum, in coin, from the date of the appointment, or election, to fill such vacancy. |
Salary Judge Seventh Judicial District. Proviso. |
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State Land Office created.
Surveyor General Register ex officio. Bond.
Office and office hours.
To Procure copies of township plats. Proviso.
Record of applications.
Register to furnish copies of township plats to County Surveyors.
Duty of County Surveyors. |
Chap. LXIV.An Act to provide for the selection and sale of Lands that have been, or may hereafter be, granted by the United States to the State of Nevada.
[Approved March 5, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of selecting and disposing of the lands that have been, or may hereafter be, granted by the United States to the State of Nevada, including the sixteenth and thirty-sixth sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a State Land Office is hereby created, of which the Surveyor General shall be, and is hereby made, ex officio Land Register. He shall, as such Land Register, be required to give bonds in the sum of ten thousand dollars for the faithful performance of his duties, which bonds shall be approved by the Governor, and filed in the office of the Secretary of State. The Land Register shall keep his office at the seat of government, and the same shall be kept open on all legal days, between the hours of ten oclock a. m. and four oclock p. m., for the transaction of business. Sec. 2. The Register shall procure one copy of each township plat of the public surveys now approved, or that may hereafter be approved, by the proper United States authorities, unless the same shall have been previously obtained; provided, that the cost of the same shall not exceed eight dollars each, and shall be made upon drawing paper. He shall keep a record of all applications, and of all lands which have been, or may hereafter be, approved to the State, and of all lands which have been sold by the State, which, together with all plats, papers, and documents relating to the business of his office, shall be open to public inspection during office hours, without fee therefor. Sec. 3. The Register shall furnish, within a reasonable time, a copy of the plats of townships within any county to the County Surveyor of such county, to be used by him in furnishing such information as the Register may require of him concerning the lands within such townships; and all lands sold by the State shall be reported by the Register to the County Surveyor of the county in which such lands are situated, and said Surveyor shall immediately mark the same upon the township plat in his office, in accordance with the instructions of the Register; and said County Surveyor shall keep such plats subject to the inspection of all persons interested in examining the same, on all legal days, during office hours. Whenever a County Surveyor shall have knowledge of any tract or tracts of land within his county subject to selection by the State, and which for any cause may appear to him to be of special value to the State, he shall report the same to the Register, describing such location with reference to the Government surveys, by legal subdivisions, and he shall state fully and definitely in such report his reasons for considering such tract or tracts of special value. |
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report his reasons for considering such tract or tracts of special value. Sec. 4. The minimum price of all lands embraced in this Act, not included within the twenty miles Central Pacific Railroad limits, is hereby fixed at one and one fourth dollars per acre, in currency; and the minimum price of all lands within said twenty miles limit is hereby fixed at two and one half dollars per acre, in currency. But the Board of Regents of this State shall have power to fix a higher price per acre upon any of said lands not settled upon or applied for by individuals prior to the date of such higher price having been fixed. Sec. 5. All land to which the State has acquired title, except those specified in section seven of this Act, when in the opinion of the Board of Regents it shall be advisable for the interests of the State, shall be advertised by the Register as being subject to sale at the minimum price, unless a higher price shall have been fixed thereupon by said Board; and if a higher price shall have been fixed, then at such higher price. And such notice shall specify that such land may be purchased at the price stated at any time within six months after the date of such notice, and if not purchased within such specified time, the Board of Regents may reduce the price; provided, they do not reduce it below minimum price, and the Register thereupon shall re-advertise the same at such reduced price. Sec. 6. All applications to purchase lands shall be made in writing to the Land Register, and shall be signed by the applicant, his or her agent, and shall designate, in conformity with the United States survey, the tracts of land applied for, number of acres, price per acre, and amount necessary to purchase such land, and the section of this Act under which the applicant wishes to purchase; also, residence, Post Office address, and county in which such land is located. Sec. 7. Upon the application of any person to purchase land, not previously selected by the State, the Land Register shall certify to the State Controller that such person is entitled to apply for the land, describing the same as in the application, which shall accompany said certificate, and such certificate shall state the amount necessary to purchase said land; the Controller shall thereupon issue his order, directing the State Treasurer to receive from such applicant said amount, placing the same into the State School Fund, and upon such payment being made the Treasurer shall issue his receipts, in duplicate, describing the land applied for, and he shall, at the same time, enter in his abstract of applications the name or names of the person or persons so applying, number, description of land, date of receipts, and amount paid by the applicant. Upon the return of the application with the Treasurers receipt to the Land Office, the Register shall file the same, which shall complete such application. Whenever purchase can be completed in whole or in part, upon land thus applied for, the Land Register shall certify the same to the Controller and Treasurer each, and shall at once proceed to perfect the sale. Upon thus certifying to the Treasurer, the Register shall surrender the Treasurers receipt therewith issued on payment made by applicant, the duplicate receipt becoming null and void on the completion of such purchase. |
Price of lands.
Regents may increase price.
Register to advertise lands for sale.
Regents may reduce price.
Applications to purchase lands, how made.
Land Register to certify to Controller of State.
Controller shall issue order to State Treasurer. Treasurers receipt. Treasurer to keep abstract.
When purchase can be completed. Register to certify to Controller and Treasurer. |
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Wrong apportionment to be corrected on order of Controller.
Sale not perfected.
Controller to draw warrant. Land Register to certify to State Treasurer and return receipt.
Land Register to notify County Surveyors of applications to purchase, etc. Applications to purchase land after State has acquired title thereto, how made. Certificate of Land Register to Controller. Order of Controller to State Treasurer. Treasurers Receipt. Grazing and agricultural lands, how sold.
Payments.
Proviso. Contracts. |
urers receipt therewith issued on payment made by applicant, the duplicate receipt becoming null and void on the completion of such purchase. Should the Controller, upon the receipt of such certificate, find that any payment had been wrongfully apportioned, he shall issue his order, directing the Treasurer to transfer such amount to its proper Fund. If, from the non-approval of the land to the State, or other cause, the contemplated sale cannot be perfected, in whole or in part, then, upon the demand of the applicant, the Land Register shall certify to the Controller that such applicant is entitled to the amount paid by him or her from the non-approval or other cause, as the case may be, and the Controller shall draw his warrant upon the State School Fund for the amount due such applicant, and the same shall be paid by the Treasurer. The Land Register shall, at the same time, certify in like manner to the State Treasurer of the non-approval of such land, returning the receipt filed in his office by such applicant, the duplicate receipt becoming null and void. Upon the application of any person for the purchase of land not previously selected by the State, when such application is accompanied by the Treasurers receipt, the Land Register shall serve the Surveyor of the county in which such land is situated with a written notice of such application to purchase, and said Surveyor shall post the same conspicuously in his office for the period of sixty days from the date thereof. Sec. 8. Upon the application of any person or persons for the purchase of land after the State has obtained title thereto, should such person or persons be entitled to purchase, the Land Register shall certify the same to the Controller; said certificate shall be accompanied by such application as provided in section seven of this Act, whereupon the Controller shall issue his order directing the Treasurer to receive the amount necessary to purchase such land, placing the same in the Fund specified in the order. Upon payment being made by applicant, the Treasurer shall issue his receipt for the same, and on return of said application, with receipt, to the State Land Office, the Register shall thereupon file the same and perfect such sale. Sec. 9. In addition to the mode and manner of sale of the lands belonging to the State, the State Register is hereby further empowered to sell and dispose of any agricultural or grazing lands, payable in installments as hereinafter specified; that is to say, with any party or parties wishing to purchase lands under the provisions of this section, and who shall have made proper application therefor, and duly established his, her, or their right to purchase under the provisions of this Act, the State Register is hereby authorized and required to enter into contract to sell such lands at such price as the same may be valued for the time being by the proper authority, payable as follows, to wit: one fifth of the amount to be paid at the time of contract, and the balance in nine equal annual installments, with interest at the rate of ten per centum per annum, payable annually upon all deferred installments; provided, the purchaser, his or her heirs or assigns, may at any time prior to the maturity of such contract make full payment. All such contracts shall be entered into in writing with the party or parties so purchasing, in which the conditions shall be distinctly expressed that upon failure to pay the principal and interest thereon as stipulated, |
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pressed that upon failure to pay the principal and interest thereon as stipulated, the said land shall immediately and unconditionally revert to the State, and be thereafter subject to sale in the same manner and under the same conditions as though no such prior contract and sale had been made. It shall be the duty of the Register to certify each sale, and the terms thereof, to the State Treasurer. And the Register shall at the same time certify to the Controller the amount necessary for the first payment, and for each succeeding payment, until full payment shall have been made, and the Controller, upon the receipt of each such certificate, shall issue his order to the Treasurer, as in section seven of this Act, and upon payment being made by the applicant of the amount specified in the order the Treasurer shall issue his receipts in duplicate; and when full payment shall have been made, patents shall issue to the purchaser, his or her heirs or assigns, as provided for in section thirteen of this Act; provided, that no timbered lands shall be sold unless the whole purchase price shall be paid at the time of application. Sec. 10. The holder of any unlocated land warrant of this State, heretofore issued, shall have the right to use the same in payment for lands which he or she may desire to purchase from the State; and any person holding any of said warrants for one hundred and sixty acres or less, at the rate of two and one half dollars per acre, shall be allowed to surrender the same to the State Treasurer, in full payment for double the number of acres expressed therein, of land valued at one and one fourth dollars per acre. And upon the surrender of such land warrant to the Controller by the Treasurer, properly indorsed, the Controller shall draw his warrant upon the State School Fund, in favor of the State Treasurer, for the amount of said land warrant. Sec. 11. The State Treasurer shall render to the State Controller a true and correct statement of the amount of special deposits on hand made by applicants for the purchase of State lands, and the Controller shall thereupon order the same to be transferred from the special deposit account to the State School Fund. All moneys hereafter paid into the Treasury on land shall be paid in on an order from the Controller, and all moneys refunded to applicants shall be drawn out upon a warrant issued by the Controller upon the Treasurer, as provided in section seven of this Act. All purchases to be completed or amounts to be refunded upon special deposit receipts issued by E. Rhoades, defaulting Treasurer, and still outstanding, shall be disposed of in the following manner: whenever purchase can be completed in part or in whole upon land thus applied for, the Land Register shall perfect such sale, surrendering to the Controller the Treasurers receipts issued by said E. Rhoades, with his certificate of the completion of such sale, and the Controller shall receive and file the same in his office as vouchers. The Register shall, at the same time, also certify such sale to the Treasurer. And whenever, for non-approval of the land to the State or other cause, the contemplated sale cannot be completed, the Land Register shall surrender to the Controller said special deposit receipts, with a certificate that said applicant is entitled to the amount paid; and the Controller shall thereupon file such receipts and certificate in his office as vouchers, drawing his warrant upon the proper Fund for said amount, and the Treasurer shall pay the same. |
Lands to revert to State, when.
Certificate of Land Register to Treasurer. Certificate of Land Register to Controller. Order of Controller to State Treasurer. Treasurers receipt. Patents. Timber lands.
Unlocated land warrants of State received in payment for lands.
Surrender of land warrant. Controllers warrant.
Statement of State Treasurer, etc. |
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Occupant has preferred right to purchase.
Contest certified to District Court. Commissioner to be appointed. Manner of trial.
Manner of trial. Costs.
Preferred right.
Limitation of purchase
Register to select lands applied for. Lands not applied for.
Board of Regents. County Surveyor to make survey.
Compensation and liability of Surveyor. Form of conveyance of States title to lands. |
entitled to the amount paid; and the Controller shall thereupon file such receipts and certificate in his office as vouchers, drawing his warrant upon the proper Fund for said amount, and the Treasurer shall pay the same. The Land Register shall, at the same time, certify the non-approval in like manner to the Treasurer. Sec. 12. An occupant or party in possession shall have a preferred right to purchase not exceeding three hundred and twenty acres of land, at the minimum price, for the period of six months after the date of approval to the State of the lands occupied or possessed by him or her; and when two or more persons claiming a preferred right, by reason of occupancy or possession, apply to purchase the same lands, the Register shall certify such applications to the District Court of the county in which such lands are situated, and notify the contesting applicants thereof. The Judge or Court shall then appoint a Commissioner, in the vicinity of the land so in dispute, to take and report to such Court all the testimony of the parties in the case. The contest shall then be tried and determined as ordinary actions in said Court; and when so determined, shall be certified to the Register, who shall proceed thereafter with the successful contestant, in the same manner as if he alone had applied in the premises; provided, that all cost attending such contest shall be paid by the parties litigant, as the Court or Judge may determine; and, provided further, that a preferred right shall be based upon occupancy or possession, dating prior to any application to purchase the land having been filed with the Register. When two or more persons, neither claiming a preferred right, apply to purchase the same lands, the first applicant shall be allowed to purchase. Sec. 13. No person shall be allowed to purchase more than three hundred and twenty acres of land from the State, under the provisions of this Act. Sec. 14. It is hereby made the duty of the Register to select as portions of the several grants of land to this State, all lands for which money has been deposited under the provisions of section seven of this Act; and whenever he shall have knowledge of any tract or tracts of land within the State, which for any cause may appear to him to be of special value, and subject to location by the State, he may select the same; and, if necessary, by and with the advice and consent of the Board of Regents, instruct the County Surveyor of the county wherein such land is situated to survey such lines and make such examination as may serve to indicate the proper location and true character and quality of such lands; and said County Surveyor shall, without delay, proceed to make such survey or examination, and shall report the same to the Register, in accordance with such instructions as he may have received; and for such services he shall receive such sum as the Board of Regents may allow; and for the faithful performance of such service said County Surveyor shall be liable upon his official bond. Sec. 15. The title of the State to any lands sold under the provisions of this Act, shall be conveyed to the purchaser, or to his or her heirs or assigns, by patents free of charge, in such form as the Attorney General and Register shall jointly prescribe, |
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scribe, to be prepared by the Register, signed by the Governor, and shall have the great seal of the State affixed by the Secretary of State, and shall be countersigned by the Register; and the Secretary of State and the State Register shall each keep a record of the patent issued. Sec. 16. The State Register shall be entitled as such Register to a salary of two thousand six hundred dollars per annum, to be paid quarterly; and he is hereby authorized to appoint a Deputy, who shall be entitled to a salary of three thousand dollars per annum, to be paid monthly. The Controller of State shall at the end of each month draw his warrant upon the State Treasurer in favor of said Deputy for the amount of his compensation then due, and the State Treasurer shall pay the same out of any money derived from the sale of land. Sec. 17. All funds derived from the sale of lands under this Act shall be invested in interest-bearing bonds of the State, or the United States, as required by section three of the eleventh article of the Constitution of this State. The proceeds of the sale of lands donated to this State by Act of Congress of July second, eighteen hundred and sixty-two, shall be invested by the Board of Regents; and the proceeds of all other lands herein referred to, whenever the sum of five hundred dollars shall have been paid into the State School Fund, shall be invested as directed by law. Sec. 18. All claims and accounts for services, or for expenses authorized by, and necessarily incurred in carrying out any of the provisions of this Act, except the salaries of the Register and his Deputy, shall be presented to, and audited as other claims by the State Board of Examiners; and when any claim shall be passed and allowed by said Board, they shall apportion the same so payable or chargeable, to the several funds derived from the sale of lands as they shall deem proper, and so much of the funds received from the sale of lands in the several grants as may be necessary for the payment of such audited claims, shall be, and the same is hereby, appropriated out of the several funds respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board of Examiners are hereby authorized and directed to allow and direct to be paid such sums to the Receivers of the United States Land Offices, for any official services performed by them in relation to the designation of the selected lands upon the books of their respective offices, as they may be justly entitled to receive under the laws of the United States, or the instructions of the proper department at Washington City. Sec. 19. An Act entitled An Act to provide for the selection and sale of lands granted by the United States to the State of Nevada, approved April second, eighteen hundred and sixty-seven; and, also, an Act entitled An Act to provide for the selection and sale of lands granted by the United States to the State of Nevada, approved March fourth, eighteen hundred and seventy-one; and all other Acts, and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not divest any parties of any rights heretofore acquired under any of said Acts referred to. |
Record of patents.
Salaries of State Register and deputy
Controller to draw warrant in favor of deputy.
Investment of funds derived from sales of lands.
Board of Examiners to audit claims, etc.
Compensation of United States land officers.
Acts repealed.
Proviso. Vested rights saved. |
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Qualified jurors.
Manner of selecting juries. Jury list, how prepared.
Jury list to be amended and corrected, when.
Jury list, where kept
Jury box.
Trial jurors, how drawn and summoned.
If before or after commencement of term. |
Chap. LXV.An Act concerning juries.
[Approved March 5, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every qualified elector of the State, whether registered or not, who has not been convicted of treason, felony, or other infamous crime, and who is not rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides, or of the county to which it is attached for judicial purposes. Sec. 2. The District Judge of the district, and the County Clerk of each county of the State in which a District Court may sit, shall, as soon as practicable after the passage of this Act, enter in a book, to be provided and kept for that purpose, and known as the Jury List, the name of every qualified juror of the county, so far as the same can be ascertained by them. Such names shall be alphabetically arranged; and opposite the name of each person shall be noted, under appropriate headings, his residence and occupation, when known; and when any juror procures his exemption from services as hereinafter provided, that fact, and the date thereof, shall also be noted opposite his name. At such ensuing term of the Court, it shall be the duty of the Judge thereof to cause said jury list to be amended and corrected, by adding thereto the names of all qualified jurors not already included therein, and by striking therefrom the names of all such as have died, or for any reason ceased to be qualified jurors of the county. For the purpose of enabling such amendment and correction to be made, any person, whose name is already included in said list, may present to the Court the names of other qualified jurors of the county, who are not included therein; and it shall be the duty of the Judge to order such names to be added to the list, if it satisfactorily appear that they are qualified jurors of the county. Said jury list shall be kept in the office of the County Clerk, and shall be at all proper times subject to the inspection of any citizen of the county. Sec. 3. The names which are entered upon the Jury List shall, at the same time, be written on separate slips of paper, and deposited in a box, to be provided and kept for that purpose, and known as the jury box. Said box, when not in use as herein provided, shall be kept securely locked by the County Clerk. Sec. 4. To constitute the regular panel of trial jurors for any term of the District Court, a list of not exceeding fifty names shall be drawn from the jury box, either before or after the commencement of the term. If the panel be drawn before the commencement of the term the drawing shall take place in the office of the County Clerk, during regular office hours; if after the commencement of the term, in open Court; and in either case in the presence of all persons who may choose to witness it. The drawing shall be conducted as follows: The number to be drawn having been previously determined by the Judge, |
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number to be drawn having been previously determined by the Judge, the box containing the names of the jurors shall first be thoroughly shaken; it shall then be opened, and the Judge and Clerk shall, alternately, draw therefrom one ballot, until of non-exempt jurors the number determined upon is obtained. A list of the names so obtained shall be made out and certified by the Judge and Clerk, which shall remain in the Clerks office, subject to inspection by any officer or attorney of the Court; and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as trial jurors, to attend in Court at such time as the Judge may have directed; and the Sheriff shall summon such jurors, and make return of the venire, at least two days before the day named for their appearance; after which the venire shall be subject to inspection by any officer or attorney of the Court. Sec. 5. When, at any time during a term of the District Court, it shall become necessary to summon additional trial jurors, the Judge and Clerk shall, in open Court, in the manner hereinbefore prescribed, draw from the jury box such number of names as may be requisite; provided, that in case any juror so drawn reside at too great a distance from the Court to be conveniently summoned within the time ordered for the return of the venire, his name may be returned to the box and another drawn in its place; and, provided further, that in all drawing of jurors under this Act, the names of persons known to be exempt from jury service may be thrown out and disregarded. The Clerk shall issue a venire, directed to the Sheriff, to summon such additional jurors, to attend at such time as the Court may have directed, and the Sheriff shall summon the same, and return his venire with all possible diligence. Sec. 6. When a name has been drawn from the jury box it shall not be returned thereto until the box has been exhausted; except that when a juror drawn is not summoned, or fails to appear, or after appearing is excused by the Judge from serving, his name shall be returned to the box to be drawn again. Sec. 7. When all the names in the jury box have been exhausted, it shall be the duty of the Judge and Clerk to replace therein separate slips of paper, containing the names of all persons included in the corrected jury list, and thereafter trial jurors shall be drawn therefrom as before. Sec. 8. It shall be the duty of the District Judge and any one of the County Commissioners of the county, at least once in each year, and as much oftener as the public interests may require, to select from the jury list twenty-four persons who shall be summoned to serve as Grand Jurors, at such time as the Judge may order; out of the number so summoned the Court shall select seventeen persons to constitute a Grand Jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the Grand Jury, shall be selected from the jury list by the Judge and Clerk, and summoned to appear in Court at such time as the Court may direct. Sec. 9. The following named persons, and no others, may be exempted from serving as Grand or trial jurors: Any Judge, Justice of the Peace, |
Drawing, how.
Venire. Venire, when returned.
Additional trial jurors, how drawn. Proviso.
Proviso.
Venire for additional jurors.
Names in jury box to be exhausted.
When jury box exhausted, etc.
Grand jurors, how selected.
Exemptions from jury service |
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Bounds may be established, within which jurors shall be exempted.
Payment to be made to Clerk.
Jury Fund.
Jury Fund, how applied.
Account to be kept.
Account of attendance of jurors to be kept.
Jurors, how paid.
Court may excuse jurors. |
Justice of the Peace, County Clerk, Sheriff, Assessor, Constable, practicing attorney, or physician, and one half of all members of each regularly enrolled fire company in this State, and all officers of such fire companies, not exceeding ten in number for each company. The Judges of the several District Courts may, by an order entered upon the minutes of their Courts, prescribe bounds in their several counties, and all persons residing without such bounds may be exempted from serving on juries in the manner hereinafter prescribed. Any person residing without such bounds may present his affidavit, showing his exemption to the Court or Judge, and if the Judge shall be satisfied therefrom that he is one of the persons entitled to be exempted under the provisions of this Act, he shall indorse thereon an order to the Clerk to make an entry on the jury list opposite the name of the applicant, showing that he is exempted from jury service till the first Monday of January next ensuing. Upon presentation of this order to the Clerk, and upon payment to him of the sum of twenty-five dollars, in gold coin, it shall be the duty of the Clerk to grant him a certificate showing the payment of said sum, and specifying that he is exempted from jury service until the first Monday of January next ensuing. The Clerk shall also file the affidavit and order, and make the proper entry on the jury list. The moneys coming into the hands of the Clerk under the operation of this law shall constitute a Jury Fund, for the safe keeping and due application of which the Clerk and his bondsmen shall be responsible on his official bond. It shall be applied, first, to the payment to the Clerk of fifty cents for each juror exempted, for his services in filing the affidavit and order and issuing the certificate herein provided for, and two per cent. of the whole sum collected for all other services rendered in pursuance of this Act. The balance of the Fund shall be applied to the payment of the compensation of the jurors who serve on trial juries. It shall be the duty of the Clerk to keep an accurate account of all moneys received and disbursed under the provisions of this section, and to submit the same to the inspection of the Court whenever it is so ordered; and it shall be the duty of the Judge to inspect and verify said account at the close of each term of the Court. It shall also be the duty of the Clerk to keep an accurate account of the attendance of each juror during the term of the Court, and at the close of the term to ascertain the amount due each juror for mileage and attendance, after deducting that amount received by him as fees in civil cases. If there is money enough in the Jury Fund to pay the jurors in full, they shall be paid therefrom. If the amount in the Jury Fund is insufficient to pay the jurors in full, it shall be divided among them in proportion to the amounts due them, respectively, and the balance shall be paid out of the General Fund of the County Treasury, after the satisfaction of any demands against said Fund previously allowed. Sec. 10. At any time during the term the Court may, in its discretion, excuse temporarily, or for the term, any juror on account of sickness or physical disability, or serious illness or death of a member of his immediate family. |
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Sec. 11. Any person summoned as provided in this Act to serve as a juror, who shall fail to attend and serve as such juror, shall, unless excused by the Court, be fined in any sum not exceeding five hundred dollars, in the discretion of the Court, and be imprisoned in the County Jail until such fine be paid, at the rate of two dollars per day. Sec. 12. Each juror summoned in pursuance of this statute, unless he be excused by the Court from serving on the day he is summoned to attend, shall receive three dollars per day for each and every day he may be in attendance on Court, and fifteen cents per mile in traveling to and returning from Court, to be paid as hereinbefore provided. Sec. 13. An Act entitled An Act concerning juries, approved March third, eighteen hundred and sixty-six, and all Acts repealed by that Act, and all Acts amendatory of or supplemental thereto, are hereby repealed; also, an Act entitled An Act concerning compensation of jurors, approved March fifth, eighteen hundred and sixty-nine, and all Acts amendatory of or supplemental thereto, are hereby repealed. |
Punishment for failure to attend and serve.
Pay of jurors.
Acts repealed. |
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Chap. LXVI.An Act for the relief of T. W. Triplett, late Assessor of Lander County.
[Approved March 5, 1873.]
Whereas, In the year eighteen hundred and seventy, T. W. Triplett, then Assessor of Lander County, settled in full for all poll tax receipts received from the State Controller for his county for that year, paying for all poll tax receipts so received, except such as were returned to the State Controller to balance, and in settlement of his account for poll tax receipts for that year; and, whereas, during the year eighteen hundred and seventy-two, he found eighty-five poll tax receipts received and receipted for by him, as Assessor, in eighteen hundred and seventy, and not returned, for the reason that at the time of settlement they were mislaid, and that he had, at the time of making settlement for poll tax receipts for the year eighteen hundred and seventy, fully settled and paid for; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty-three dollars is hereby appropriated, out of any money in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll tax receipts; and the State Controller is hereby directed and required to draw his warrant for said sum of one hundred and fifty-three dollars, in favor of T. W. Triplett. |
Preamble.
Appropriation.
Controller to draw warrant. |
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Board of County Commissioners of Lander County to allow claim. County Auditor to draw warrant. |
Sec. 2. The Board of County Commissioners of Lander County are hereby directed and required to allow the claim of T. W. Triplett, in the sum of one hundred and fifty-three dollars, the proportion received by the county for said poll tax receipts; and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount. |
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Preamble.
Appropriation.
State Controller to draw warrant. |
Chap. LXVII.An Act for the relief of E. Perasich.
[Approved March 5, 1873.]
Whereas, on the seventeenth day of September, A. D. eighteen hundred and seventy-one, E. Perasich was shot and severely wounded, while engaged in the defense of the Prison of the State of Nevada, and by reason of said wound has incurred great expense for medical aid and attendance, and is now unable to labor for his own support; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand five hundred dollars, gold coin of the United States, is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise specifically appropriated, for the benefit of, and to be paid to, the said E. Perasich. Sec. 2. It shall be the duty of the State Controller to draw his warrant in favor of E. Perasich, on the State Treasurer, for the said sum of one thousand five hundred dollars, United States gold coin, and the State Treasurer shall pay the same in the order of registry out of the General Fund of the State Treasury. |
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County Commissioners to establish road districts. |
Chap. LXVIII.An Act entitled an Act in relation to public highways.
[Approved March 5, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a majority of the taxpayers of any township in any county in the State, whose names shall appear on the last assessment roll, shall petition the Board of County Commissioners of such county to divide said township into a road district or road districts, it shall be the duty of said County Commissioners to so divide such townships and to create such road district or districts, |
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create such road district or districts, and to appoint a Road Supervisor for each district; when such road district or districts shall once be created, they shall remain the same and have the rights, and be subject to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same; when it shall be the duty of such Board to disorganize said district. Sec. 2. The County Clerk of the county in which such district may be created shall immediately notify all persons appointed Road Supervisors, who shall qualify within thirty days after their appointment, as provided in the next section. Sec. 3. Any person appointed Road Supervisor, shall, before entering upon the discharge of his official duties, take and subscribe to the official oath of this State; and shall execute and deliver a good and sufficient bond with sureties, to be approved by the Board of County Commissioners of his county, in a penal sum to be fixed by such Board, not less than five hundred dollars, conditioned for the faithful performance of the duties of Road Supervisor of District No. ----, County ----, Nevada, in pursuance of the provisions of this Act, which said oath shall be filed, and said bond filed and recorded, in the office of the County Clerk of said county. Said bond shall be given to the State of Nevada; and actions for the benefit of any party aggrieved may be brought thereon, in any Court of competent jurisdiction, in the same manner and with the same effect as upon other official bonds. Sec. 4. It shall be the duty of each Road Supervisor, faithfully to collect the tax herein imposed and required to be paid, and judiciously and economically to expend the same, or such part thereof as in his judgment may be required, upon the public highways of his district; to superintend all labor upon such highways, and to see that the same is faithfully performed. Such labor may be performed at such times as, in the judgment of the Supervisor, it will be most beneficial. The Supervisor of each district shall, on the first Monday in January, and first Monday in July, in each year, file with the County Clerk of his county, a list of the names of all persons in his district who have been residents of such district thirty days, and, at the same time and place, shall file a full and concise statement of all labor performed, including his own; moneys received and paid out; and any surplus of money remaining, after payment of all road dues, not including his own wages, he shall pay over to the County Treasurer of his county, and take a receipt therefor. The County Treasurer shall place the same to the credit of the Road Fund, to be used for the benefit of said road district, which said Road Fund the several Boards of County Commissioners of this State are hereby authorized and directed to create and maintain; provided, such Fund need not be created or maintained in any county which has not, or shall not have, any road district. Sec. 5. All moneys remaining in said Road Fund at the end of each year, after payment of all road dues, including the wages of the Road Supervisors, shall be transferred, by the Board of County Commissioners, from the Road Fund to the School Fund, or funds of the township comprising such road district. |
Road Supervisor. Road districts, when abolished.
County Clerk to notify Supervisors of appointment. Road Supervisors to take oath and give bond.
Action on bond.
Duties of Road Supervisor. Collect tax. Superintend labor.
Supervisor to file list and statement.
Pay over moneys. Road Fund
Proviso.
Transfer from Road Fund to School Fund. |
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Term of office of Road Supervisor.
Compensation of Road Supervisor.
Proviso.
Moneys paid County Treasurer by Supervisors, how appropriated.
Road tax.
Persons may work out tax.
Enforcement of collection of road tax. Seizure of property.
Liability of debtor of person delinquent for road tax, upon notice from Supervisor. |
School Fund, or funds of the township comprising such road district. Sec. 6. Each Road Supervisor may hold his office during the pleasure of the Board of County Commissioner; provided, the tenure of his office shall not exceed four years. Sec. 7. The compensation of a Road Supervisor shall be fixed by the Board of County Commissioners, payable out of the Road Fund, if sufficient therein. Such compensation shall not exceed five dollars per day for each days work actually performed by him as Supervisor while actually engaged in work, or superintending work, upon the road, and fifteen per cent. for collecting road tax, on all moneys collected; provided, that the Supervisor shall receive no compensation for such collection or notifying men to work on the road other than the said fifteen per cent. Sec. 8. The moneys paid to the County Treasurer by each Supervisor shall first be used in payment of the bills allowed in favor of such Supervisor for his labor. Any surplus may be used in payment of other demands allowed on said Road Fund by the Board of County Commissioners. But in no case shall any road dues, or the wages or other expenses of the Supervisor, be a charge against, or be paid, except out of the Road Fund, as herein provided. Sec. 9. Each able-bodied male resident of any road district of this State, over twenty-one and under sixty years of age (uncivilized American Indians excepted), and not exempt by law, shall pay an annual road tax, for the use and benefit of said road district, of four dollars, to be collected by the Road Supervisor, and the Auditor of the county shall furnish blank receipts for the same, and charge the Supervisor therewith; provided, if any person liable to pay road tax, as herein provided, will perform, or cause to be performed, two days work under the supervision and direction of said Supervisor, such labor shall be received in full satisfaction of said four dollars. For the purposes of this Act, any person shall be deemed a resident of a road district who shall have resided, or who shall have been employed therein upon any public or private works, for a period exceeding thirty days. Sec. 10. To enforce the collection of road taxes as provided in this Act, the Supervisor may seize so much of any and every species of personal property whatsoever, owned by said person (liable and refusing or neglecting to pay his road tax when called upon so to do by the Supervisor), or property in the possession of, or due from, any other person, company, or corporation, and belonging to such person so refusing or neglecting to pay such road tax, as will be sufficient to pay the same and costs of seizure and sale, which costs shall not exceed three dollars in each case, and shall sell the same at any time or place, giving verbal notice of one hour previous to such sale. And any person, corporation, or company, indebted to another, liable to pay a road tax, but who shall neglect or refuse to pay the same, shall be liable to pay said tax for such other person after service upon him or it by the Supervisor of a notice in writing, stating the name or names of the person or persons so liable and owing a road tax; and such debtor may, on paying the same, deduct the amount thereof from any sum or sums due, or that may afterward become due, to such person owing said tax. |
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the amount thereof from any sum or sums due, or that may afterward become due, to such person owing said tax. And if any person, corporation, or company, being sufficiently indebted to any person or persons refusing or neglecting to pay a road tax, shall refuse to pay the same after having been duly notified so to do, it shall be the duty of the Supervisor to seize and sell sufficient personal property of such person, corporation, or company to satisfy said road tax and costs of seizure and sale, in the manner above stated. Sec. 11. Any Supervisor who shall receive any money for road tax without issuing a receipt therefor, or shall issue any receipt but a printed one received from the Auditor, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, before any Court of competent jurisdiction. Sec. 12. An Act of the Legislature of this State, entitled An Act in relation to public highways, approved March second, eighteen hundred and sixty-seven, and all Acts, or parts of Acts, in conflict with this, are hereby repealed. |
Penalty for collecting tax without issuing receipt, etc.
Acts repealed. |
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Chap. LXIX.An Act entitled an Act for the payment of the salaries of District Attorneys of the several counties of this State.
[Approved March 5, 1873.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The salaries of the District Attorneys of this State, shall be audited by the Board of County Commissioners, and paid at the end of each quarter, out of any money in the General Fund of the county; provided, that whenever at the end of any quarter, there shall not be sufficient money in said Fund to pay said salary, the County Treasurer shall set apart from any money in the General Fund, or from the first money that shall come into the said General County Fund not otherwise specially appropriated, an amount sufficient to pay said salary. Sec. 2. All Acts, or parts of Acts, in conflict with this Act, are hereby repealed. |
Salaries of District Attorneys, how paid.
Money set apart.
Acts repealed. |
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