Franchise.

Public thoroughfares not to be obstructed.

Boundaries of Elko established.

Survey to be made.

Plat to be filed.

Construction commenced.

Elko right to purchase works.

Not to interfere with prior appropriation.

Chap. LXX.–An Act to supply the Town of Elko, in Elko County, Nevada, with water for extinguishment of fire and other purposes, and to define the boundaries of said town.

[Approved March 5, 1873.]

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

Assembly, do enact as follows:

      Section 1.  That the Elko Water Company, and its successors and assigns, are hereby granted the right to take and convey water not exceeding twenty thousand inches, to the Town of Elko, from any point on the Humboldt River; and its successors and assigns are hereby authorized and empowered to build and erect all necessary dams, aqueducts, bridges, and flumes; also, to dig or excavate all necessary ditches and erect reservoirs; to lay down water pipes, and erect tanks in any of the public streets or alleys of said Town of Elko; provided, that the erection of said bridges, aqueducts, reservoirs, and tanks, also, the excavating of ditches, the building of flumes, and the laying down of pipes, shall not obstruct any of the public thoroughfares of said Town of Elko.

      Sec. 2.  The boundaries of said Town of Elko, for the purposes of this Act, are hereby declared to be as follows, to wit: Commencing at the south end of the freight depot belonging to the Central Pacific Railroad Company, running thence one mile east, one mile west, one mile north, one mile south, making a total area thereof of two square miles, being one mile each way, as above described from said initial point.

      Sec. 3.  It shall be the duty of said Elko Water Company, and its successors, to commence the survey of the above described waterworks, within sixty days from and after the approval of this Act; and within thirty days from said commencement, they shall cause to be filed with the County Clerk of Elko County, a plat or diagram of said survey, with a written description of the line of survey; and they shall also commence the construction of said waterworks within three months from the filing of said plat or diagram, and the description thereof.

      Sec. 4.  The Town of Elko shall have the right at any time after the expiration of five years from the completion of said waterworks, to purchase the same.

      Sec. 5.  Nothing in this Act, shall be so construed, as to interfere with any appropriations of water made prior to the passage of this Act.

Chap. LXXI.–An Act making appropriations for the support of the civil government of the State of Nevada for the ninth and tenth fiscal years.

[Approved March 6, 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 the objects hereinafter expressed, and for the support of the civil government of the State of Nevada for the ninth and tenth fiscal years:

      For salary of Governor, twelve thousand dollars.

      For salary of Private Secretary of the Governor, four thousand eight hundred dollars.

      For payment of rewards offered by the Governor, five thousand dollars.

      For pay of Bailiff of the Supreme Court, one thousand two hundred dollars.

      For salary of the Attorney General, five thousand dollars.

      For services of Attorney General as President of the Board of Directors of State Library, two thousand dollars.

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

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

      For extra clerical services in office of Secretary of State, twelve hundred dollars.

      For copying and indexing Journals of the sixth session of the Legislature, seven hundred and ninety dollars.

      For copying and indexing Laws, by Secretary of State, seven hundred and fifty dollars.

      For contingent expenses of Board of Examiners, twelve hundred dollars.

      For pay of two Porters and one Night Watchman of State Capitol, to be expended under direction of Secretary of State, seven thousand dollars.

      For stationery, fuel, lights, etc., for State officers and State Capitol building, six thousand dollars.

      For insurance of State Library and State Capitol building, three thousand dollars.

      For care and preservation of State Capitol building, and for the purchase of such furniture, fixtures, etc., as may be necessary in the several State offices, and keeping the same in repair, three thousand dollars.

      For furnishing fuel, lights, preparing legislative halls, and preparing furniture for the seventh session of the State Legislature, two thousand dollars.

      For draining the basement of the State Capitol, to be expended under the direction and supervision of the Board of State Prison Commissioners, twelve hundred dollars.

Appropriations.

Appropriations.

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

      For storage, care, and transportation of State arms, one thousand dollars.

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

      For salary of Deputy State Controller, six thousand dollars.

      For extra clerical services in office of State Controller, two thousand dollars; and the Controller is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation.

      For prosecuting delinquents for infraction of revenue laws, and enforcing the collection of revenue, to be expended under the direction of the Controller, two thousand dollars.

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

      For salary of Deputy State Treasurer, six thousand dollars.

      For extra clerical services in office of State Treasurer, two thousand dollars; and the Treasurer is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation.

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

      For traveling expenses of Superintendent of Public Instruction, within the State, twelve hundred dollars.

      For the support and education of the deaf and dumb and the blind, and their transmission to and from the Institution, three thousand dollars.

      For salary of the State Mineralogist, seven thousand two hundred dollars.

      For outfit of State Mineralogist, five hundred dollars.

      For traveling expenses of State Mineralogist, three thousand dollars.

      For improvement in office, and purchase of cases for display of specimens in State Museum, twelve hundred dollars.

      For salary of Surveyor General, two thousand dollars.

      For salary of Register of State Land Office, five thousand two hundred dollars.

      For salary of Deputy Register of State Land Office, Draughtsman, clerical services, expense of selecting land, purchase of maps and charts, fifteen thousand dollars.

      For care and support of indigent insane of the State, to be expended under the direction of the Board of Directors, forty-five thousand dollars.

      For the support of and conducting the Orphans’ Home, to be expended under the direction of the Board of Directors, twenty-five thousand dollars.

      For the support of and conducting the State Prison, and the payment of rewards for the capture of escapes therefrom, to be expended under the direction of the Board of State Prison Commissioners, ninety thousand dollars.

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

      For salary of Deputy Warden of State Prison, three thousand dollars.

      For services for Chaplain at State Prison, to be expended under the direction of Board of State Prison Commissioners, five hundred dollars.

      For the procurement of a suitable library for the State Prison, for the use of the convicts therein, one thousand dollars.

      For State printing, paper, and official advertisements, and pay of Expert, to be expended under the direction of the State Controller, Secretary of State, and a Printing Expert, or a majority of them, thirty thousand dollars.

      For a current expense appropriation, to defray the telegraphic, expressage, postage, and contingent expenses of the several State officers, Supreme Court, and State Library, ten thousand dollars.

      Sec. 2.  The various State officers, to whom appropriations other than salaries are made under the provisions of this Act, shall, with their biennial reports, submit a detailed and itemized statement, under oath, of the manner in which all expenditures for their respective departments, other than the payment of salaries, have been expended; provided, that no officer shall use or appropriate any money for any purpose whatever, unless authorized to do so specifically by law.

      Sec. 3.  Nothing herein contained shall be so construed as to apply to any appropriation that may have been, or that may hereafter be, made specifically by law.

Appropriations.

Sworn statement to be made of disbursement of appropriations.

Proviso.

Not to apply to specific appropriations.

Chap. LXXII.–An Act to create Contingent Funds for the Assembly and Senate.

[Approved March 6, 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-one hundred dollars, six hundred of which shall constitute a Contingent Fund for the Assembly, and fifteen hundred shall constitute a Contingent Fund for the Senate.

      Sec. 2.  The said Funds shall be under the exclusive control of the Senate and Assembly; and the Senate and Assembly may direct the payment of money from said Fund, by resolution, and the Controller of State is authorized and required to draw his warrants in accordance therewith.

Appropriation.

Contingent Funds of Senate and Assembly created.

Control of the Funds.

Controller to draw warrant upon resolution.

Nevada State Agricultural Society incorporated.

Corporate powers.

Further corporate powers.

Officers of society.

Board of Managers, how elected.

Vacancies in Board of Managers, how filled.

Membership of society.

Chap. LXXIII.–An Act to incorporate a State Agricultural Society, and provide for the management thereof.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  There is hereby established and incorporated a society to be known and designated by the name and style of the “Nevada State Agricultural Society,” and by that name and style shall have perpetual succession, and shall have power to contract and be contracted with, to sue and be sued, and shall have authority to have and use a common seal, to make, ordain and establish, and put in execution, such by-laws, ordinances, rules, and regulations as shall be necessary for the good government of said society, and the prudent and efficient management of its affairs; provided, that said by-laws, ordinances, rules, and regulations shall not be contrary to any provision of this charter, or the laws and Constitution of this State or the United States.

      Sec. 2.  In addition to the powers above enumerated, the society shall, by its name, have power to purchase, hold, and lease any quantity of land, not exceeding in the aggregate six hundred and forty acres, with such buildings and improvements as may be erected thereon, and may sell, lease, and dispose of the same at pleasure. The said real estate shall be held by such society for the purpose of erecting buildings and other improvements designed for the meeting of said society, and calculated to promote and encourage the interest of agriculture, horticulture, mechanics, manufactures, stock raising, and general domestic industry.

      Sec. 3.  The officers of such society shall consist of a President, three Vice Presidents, five Directors, a Secretary, and a Treasurer, all of whom shall be members of such society, and shall have the management of the fiscal, prudential, and other concerns of such society, and shall be styled the Board of Managers. The said officers, with the exception of two of said Directors, who shall be annually appointed by the Governor of this State, shall be elected annually by the members of the society, at such time and in such manner as in the by-laws of said society may be prescribed, and shall hold their offices for the term of one year, and until their successors enter upon their duties. And said Board of Managers shall have power to fill vacancies in said Board that may happen during their continuance in office, except a vacancy caused by the death, resignation, or removal from the State of either of the said Directors appointed by the Governor, in which event such vacancy shall be filled by appointment of such Governor.

      Sec. 4.  Such society may provide by its by-laws for membership of such society, and fix the prices of such membership and the terms of duration thereof; and the members of such society shall determine by vote the place where the annual meeting and exhibition of such society shall be held, which vote shall be taken annually, and the members shall vote either in person or by proxy.

taken annually, and the members shall vote either in person or by proxy.

      Sec. 5.  Such society, by the unanimous vote of the Board of Managers, for the purpose of purchasing or leasing property, as provided for by section two of this Act, or for the purpose of paying for property, may create debts or liabilities not exceeding twenty-five thousand dollars, which they may secure by mortgage upon the property of said society.

      Sec. 6.  For the purpose of carrying into effect this Act, Isaac L. Requa, of Storey County, is hereby appointed President of said society; W. W. McCoy, of Lander County, P. H. Clayton, of Douglas County, R. N. Graves, of Storey County, Vice Presidents; C. W. Pegg, of Washoe, J. Winnie, of Ormsby, William Kennedy, of Elko County, Directors; T. D. Parkinson, of Storey County, Secretary; H. W. Putnam, of Storey County, Treasurer; and the Governor of this State shall appoint two other persons to act as Directors. And said Governor is hereby authorized to fill any vacancies occasioned by the failure or inability of any of the above-mentioned persons to serve; and the aforesaid persons shall constitute the first Board of Managers of said society, and shall hold their offices until the first annual election thereof.

      Sec. 7.  The first annual meeting of the society shall be held at the City of Virginia, in the County of Storey, on the first Monday of July, A. D. eighteen hundred and seventy-three.

Debt of society.

Present officers of society.

Governor to appoin two Directors

First annual meeting.

Chap. LXXIV.–An Act to authorize the County Commissioners of Storey County to issue bonds for school purposes in the Virginia and Gold Hill School Districts and to provide for the payment of the same.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Commissioners of Storey County are hereby authorized and directed, within sixty days after the passage of this Act, to prepare and issue the bonds of said county, to the amount of thirty thousand dollars, in the form hereinafter specified, and to dispose of the same and use the proceeds arising therefrom in the manner hereinafter provided.

      Sec. 2.  The said bonds shall be of such amounts as shall be deemed most salable and convenient, but no bonds shall be for a less amount than fifty dollars, and none for a greater amount than five hundred dollars; said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven per cent. per annum, payable semi-annually. The bonds shall be payable to bearer at the office of the County Treasurer of said county, in twenty years from their date.

Bonds authorized.

Amount.

Form and provisions of bonds.

Bonds and coupons, how signed.

Sale of bonds.

Funds derived from sale of bonds, how applied.

Funds divided between Virginia and Gold Hill School Districts.

School Bond Interest and Sinking Fund created.

How Fund applied.

Surplus to be applied to redemption of bonds.

Sealed proposals to be invited.

twenty years from their date. The bonds shall be prepared in proper form under the direction of the Board, and shall be signed by the President of the Board and countersigned by its Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board.

      Sec. 3.  The Board of County Commissioners of said county, after said bonds shall have been so prepared and signed, shall appoint some competent and disinterested person to dispose of said bonds, and said bonds shall be delivered to the person so appointed, and he shall be thereupon authorized and directed to dispose of them, or any part thereof; but the rates at which said bonds shall be disposed of shall be fixed by the Board of County Commissioners, and may be changed from time to time as they may order.

      Sec. 4.  All funds derived from the sale of said bonds or any of them shall be paid into the County Treasury of Storey County, for the use and benefit of the Virginia and Gold Hill School Districts in said county; the amount derived from the sale of twenty thousand dollars of bonds as provided in section one of this Act to be for the benefit of the Virginia School District, and the amount derived from the sale of ten thousand dollars of bonds as provided in said section to be for the benefit of the Gold Hill District; and said funds shall not be liable to use or appropriation for any other purpose; and said funds shall be paid out by the Treasurer of said county in the same manner as is now provided by law for the payment of money from funds in said Treasury appropriated to the use of said districts.

      Sec. 5.  From the moneys received by the County Treasurer of said county for the use and benefit of the said Virginia and Gold Hill School Districts, there shall be annually set apart the sum of two thousand dollars, which sum shall be placed by said Treasurer in a separate Fund, to be called the “School Bond Interest and Sinking Fund,” and shall be applied:

      First-To the payment of the semi-annual interest upon said bonds as above directed.

      Second-To the redemption of said bonds as hereinafter provided.

      Sec. 6.  Whenever all interest due upon said bonds shall have been fully paid, and there shall be in said Fund a surplus, which upon a fair estimate of the receipts which will probably come into the same will not be needed for the payment of future interest to accrue within the next succeeding twelve months, the Board of School Trustees for said Virginia and Gold Hill School Districts, after having ascertained the amount of surplus, shall insert an advertisement in at least one newspaper published in said county, for a period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the Clerk of said Board on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds.

ence in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds.

Proviso.

Chap. LXXV.–An Act for the more effectual prevention of cruelty to animals.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  Any three or more citizens of the State of Nevada, who shall incorporate as a body corporate under the general laws for incorporations in this State, for the purpose of preventing cruelty to animals, may avail themselves of the privileges and benefits of this Act; provided, that the corporate body first forming as aforesaid in any county shall be the only one so entitled to the benefits and privileges of this Act in said county.

      Sec. 2.  The said societies may make and adopt by-laws governing the admission of associates and members, providing for all meetings, and assistant and district or local officers; providing also for means and systems for the effectual attainments of the objects contemplated by this Act, for the regulation and management of its business affairs, and for the effectual working of the societies; prescribing, also, the duties of all their officers, for the outlay of all moneys, and the auditing of all accounts; provided, that such by-laws shall not in anywise conflict with the laws of the State of Nevada or of the United States, or any provisions of this Act.

      Sec. 3.  Said societies shall elect officers and fill vacancies according to the provisions of their by-laws. They shall make such reports of elections as is by law required of all corporations, and shall, in addition, report to the Legislature of the State of Nevada, at each of its regular sessions, a full account of all their acts.

      Sec. 4.  All Sheriffs, Constables, police, and peace officers are empowered to make arrests for the violation of any of the provisions of this Act, and are hereby also empowered to make arrest without warrant, for the violation of any provision of this Act which by this Act is denominated a misdemeanor, when said misdemeanor is committed in the presence of said officers.

      Sec. 5.  All members and agents, and all local and district officers of each or any of the societies so incorporating, as shall by the Trustees of said societies be duly authorized in writing, approved by the County Judge of the county, and sworn in the same manner as are Constables and peace officers, may make arrests for the violation of the provisions of this Act in the same manner as is provided herein for other officers; provided, that all such members shall, when making such arrests, exhibit and expose a suitable badge, to be adopted by said society.

Benefits of Act conferred.

Proviso.

By-laws of society.

Proviso.

Officers of society.

Reports.

Duties of peace officers.

Arrests by members of society and others.

Society badge.

Punishment for resistance.

Act inhibited made misdemeanor.

Proviso.

Transportation in cruel manner.

Custody of vehicle, etc

Payment of charges.

Maimed or diseased animal.

Proviso.

and expose a suitable badge, to be adopted by said society. All persons resisting said specially appointed officers, as such, shall be punished for said resistance in the same manner as is provided for the punishment of resistance to other officers.

      Sec. 6.  Every person who shall overdrive, overload, torture, torment, or deprive of sufficient and necessary sustenance, or unmercifully or cruelly beat or mutilate any living creature, shall, on conviction, be deemed guilty of a misdemeanor. Every person who shall, by his act or neglect, maliciously maim, wound, injure, torture, or cruelly beat any animal belonging to himself or to another, shall, on conviction, be deemed guilty of a misdemeanor. Any person who shall cause any animals, bull, bear, dog, cock, or other creature to fight, worry, or injure each other, or any person who shall permit the same to be done on premises under his charge or control, and any person who shall aid, abet, or be present at such fighting and worrying of such animals as a spectator for an admission fee, shall, on conviction, be deemed guilty of a misdemeanor; provided, that this shall not apply to officers of said society, peace, or police officers, or to witnesses authorized by the Board of Trustees of said society to be present at such fight for the purpose of giving evidence before the Police Judge, magistrate, or the Grand Jury of the county in which the offense was committed. Every person who, carrying or transporting, or causing to be carried or transported on any vehicle, railroad car, steamer, or sailing vessel, any living creature, shall unnecessarily torture, injure, torment, beat, wound, or deprive of necessary sustenance, or cause unnecessary pain to them, or any person who shall pluck the feathers from any living fowl or bird, geese and tame ducks excepted, shall, on conviction, be deemed guilty of a misdemeanor; and whenever such person shall be taken into custody or placed under arrest by any officer or person authorized to take into custody and to arrest for said unlawful acts, such person so arresting may take charge of the vehicle and its contents in which such unlawful carrying is committed, and keep the same in some safe place, to be by the owner or person controlling said vehicle designated, or if such place be not designated, then to deliver the same into the custody of the Sheriff or Constable, to be safely kept until such person so arrested shall be admitted to bail or shall claim the same, when it shall be delivered to the owner or person entitled to the possession thereof, upon the payment of all charges of detention and keeping. Every owner, driver, or possessor of any maimed or diseased horse, mule, ox, or cow, or other domestic animal, who shall permit the same to go loose in any street, alley, or vacant lot of any town or city for more than three hours, after knowledge thereof, shall, on conviction, be deemed guilty of a misdemeanor; provided, this shall not apply to owner keeping such animal, belonging to him, on his own premises, with proper care. Every sick, disabled, infirm, or crippled horse, ox, mule, cow, or other domestic animal, which shall be abandoned on the public highway, or in any open space in any city or town, may, after due search by a peace officer of said society, and no owner can be found therefor, be destroyed by such officer, and it shall be the duty of all police and peace officers to cause the same to be done on information of such fact of abandonment of such creatures.

duty of all police and peace officers to cause the same to be done on information of such fact of abandonment of such creatures.

      Sec. 7.  Every person convicted of any misdemeanor under this Act shall be punished as is by law provided for the punishment of misdemeanors.

      Sec. 8.  All prosecutions for violation of any of the provisions of this Act shall be conducted and prosecuted in a Court of competent jurisdiction; and any member of said societies, authorized as is provided in section five of this Act, may appear and prosecute in any of said Courts, for any violation of the provisions of this Act, whether or not he be an attorney and counselor at law; provided, that all such prosecutions shall be conducted in the name of the people of the State of Nevada.

      Sec. 9.  In all prosecutions for the violation of any of the provisions of this Act, the Court shall, if the defendant be found guilty, direct the Clerk to enter, if it be a Court of record, and if not, the Judge of said Court shall enter upon the docket or judgment record of said Court, the fact that the defendant was convicted for a violation of some provision of this Act; and the Judge or Court shall direct that the whole of the fine which may be paid as a penalty for such violation, to be paid to the President, Secretary, or Treasurer of any society in said county organized and incorporated as herein provided. And such Judge of such Court, Justice, or Clerk of the Court, if it be a Court of record, shall annually report, on the first Monday in September, the amount of money so paid to said society, in a report to be transmitted to the Board of Supervisors of said county; and each of said Boards of Supervisors shall make a report, on the first Monday of November of each year to the Controller of the State, of all such sums of money so paid to said society, and said Controller shall report the sum total of said sums to the Legislature at each of its regular sessions.

      Sec. 10.  No part of this Act shall be deemed to interfere with any of the laws of this State known as the game laws, or any laws for the destruction of certain birds; nor shall this Act be deemed to interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill all animals and fowls used for food; nor shall this Act be deemed to interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.

Punishment.

Prosecutions for violation of Act.

Proviso.

Judgment upon conviction for violation of provisions of Act, etc.

Provisions of Act not to interfere with other existing laws.

Burglary.

Punishment.

Burglary upon railroad train.

Venue.

Housebreaking.

Punishment.

Night-time defined.

Housebreaking on railroad train.

Venue.

Injuring dwelling house, etc.

Chap. LXXVI.–An Act amendatory of and supplemental to “An Act concerning crimes and punishments,” approved November twenty-sixth, eighteen hundred and sixty-one, and all Acts amendatory of and supplemental thereto.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Fifty-nine.  Every person who shall, in the night-time, forcibly break and enter, or without force (the doors or windows being open), enter into any dwelling house, or tent, or any other house or building whatever, or any vessel, water craft, railroad, passenger, or freight car, with intent to commit murder, robbery, rape, mayhem, grand larceny, petit larceny, or any felony, shall be deemed guilty of burglary, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one nor more than ten years. Whenever such burglary is committed upon a railroad train, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train may have run. Every person who, in the day-time, shall enter any dwelling house, shop, warehouse, depot, store, mill, barn, stable, outhouse, other building, vessel, or railroad passenger or freight car, with intent to steal, or to commit any felony whatever therein, is guilty of housebreaking, and, on conviction, shall be punished by imprisonment in the State Prison for not less than one nor more than five years. Night-time, as in this section named, means the period between sunset and sunrise. If housebreaking be committed upon any railroad train, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train may have run.

      Sec. 2.  Section one hundred and forty-four of said Act is hereby amended so as to read:

      Section One Hundred and Forty-four.  Every person who shall willfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling house, shop, store, or other house or building; or the door, window, grating, platform, wheels, or other part of any railroad car, or sever therefrom, or from any gate, fence, or inclosure, any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate, post, railing, or fence, or any part thereof, or break, destroy, or injure any steamer or other sailing craft, or cut down, lap, girdle, or otherwise injure or destroy any fruit, or ornamental, or shade tree, being the property of another, shall, on conviction, be fined not more than two hundred dollars, or imprisoned in the County Jail not exceeding six months.

two hundred dollars, or imprisoned in the County Jail not exceeding six months.

Punishment.

Chap. LXXVII.–An Act to redistrict the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  From and after the first Monday in January, A. D. one thousand eight hundred and seventy-five, the State shall be divided into Judicial Districts, as follows: The County of Storey shall constitute the First Judicial District; the Counties of Washoe, Ormsby, and Douglas the Second Judicial District; the County of Lyon the Third Judicial District; the County of Humboldt the Fourth Judicial District; the Counties of Lander, Nye, and Churchill the Fifth Judicial District; the Counties of White Pine and Eureka the Sixth Judicial District; the County of Lincoln the Seventh Judicial District; the County of Esmeralda the Eighth Judicial District, and the County of Elko the Ninth Judicial District. For each of which districts a District Judge shall be elected by the qualified electors thereof, at the general election in the year A. D. one thousand eight hundred and seventy-four.

      Sec. 2.  The terms of Court shall commence in said districts as follows: In the First District-On the first Monday in January, March, June, and October. In the Second District-In the County of Washoe, on the first Monday of January, June, and October; in the County of Ormsby, on the first Monday of March, August, and November; in the County of Douglas, on the first Monday in May and December. In the Third District-On the first Monday in February, May, August, and November. In the Fourth District-On the first Monday in January, April, July, and October. In the Fifth District-In the County of Lander, on the first Monday in January, June, and October; in the County of Nye, on the first Monday in March, August, and November; in the County of Churchill, on the first Monday in May and December. In the Sixth District-In the County of White Pine, on the first Monday in January, May, and September; in the County of Eureka, on the first Monday in March, July, and November. In the Seventh District-On the first Monday in January, April, July, and October. In the Eighth District-On the third Monday in February, May, August, and November. In the Ninth District-On the first Monday in January, April, July, and October.

      Sec. 3.  The annual salaries of the Judges of the several districts shall be as follows: Of the First District, seven thousand dollars; of the Second District, five thousand dollars-of which sum the County of Washoe shall pay twenty-one hundred dollars,

Judicial districts.

Election of District Judge.

Terms of Court.

Salaries of District Judges.

Same.

Act to take effect.

lars, the County of Ormsby shall pay twenty-one hundred dollars, and the County of Douglas shall pay eight hundred dollars; of the Third District, three thousand six hundred dollars; of the Fourth District, four thousand dollars; of the Fifth District, five thousand five hundred dollars-of which sum the County of Lander shall pay twenty-four hundred dollars, the County of Nye shall pay twenty-one hundred dollars, and the County of Churchill shall pay ten hundred dollars; of the Sixth District, seven thousand dollars-of which the County of White Pine shall pay three thousand five hundred dollars, and the County of Eureka shall pay three thousand five hundred dollars; of the Seventh District, five thousand dollars; of the Eighth District, twenty-four hundred dollars; of the Ninth District, four thousand dollars.

      Sec. 4.  This Act shall take effect on the first Monday of January, A. D. eighteen hundred and seventy-five.

Funding Commissioners created.

Duty to prepare bonds, etc.

Bonds, denomination of, etc.

Chap. LXXVIII.–An Act to consolidate and fund the indebtedness of White Pine County.

[Approved March 7, 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 White Pine, for which warrants 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 White Pine 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 April, A. D. one thousand eight hundred and seventy-three. Said bonds shall be of the denomination of one hundred, three hundred, and five hundred dollars each, and each and every bond purport, in substance, that the County of White Pine, 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 April, 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, A. D. 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 White Pine, on or before the first day of January, one thousand eight hundred and eighty-three.

payable in gold coin, at the office of the County Treasurer of said County of White Pine, 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 annexed thereto.

      Sec. 3.  It shall be the duty of the Funding Commissioners to keep an account of the number, denomination, and amount of all bonds signed by them in accordance with the provisions of this Act; and it shall be the duty of said Commissioners to examine all warrants presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurer’s and Auditor’s books, corresponding to the entries therein, and no others than those found to be true and lawful ones against the County of White Pine 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 shall 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 warrants of the County of White Pine, payable on or before the first day of April, one thousand eight hundred and seventy-three, whether warrants drawn upon the Treasurer or accounts audited and allowed by the Board of County Commissioners before the first day of April, 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, 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 April, 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 bond 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 receipt of such canceled bonds, shall file the same in his office.

Commissioners to keep account of bonds.

Separate record of bonds.

Coupons.

Who entitled to fund.

Proviso.

Redemption of bonds.

Interest tax to be levied and collected.

How applied.

Proviso.

Arrangements for payment of interest.

Sinking Fund set apart.

Advertisement for surrender of bonds.

therefor, and the County Auditor, upon 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 sixty cents on each one hundred collars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and be 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 White Pine 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 said Treasurer shall draw on the General Fund of the county for such purpose; and in the event that said Fund should prove inadequate, the said Treasurer is authorized and required to make such contract and arrangements as may be necessary for the payment of said interest, and for the protection of the credit of the county.

      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 White Pine.” Into said Fund shall be paid, first, any and all surplus of the Interest Fund, as aforesaid, second, fifteen (15) per centum of all county revenues in the County Treasury of said county at the time of the taking effect of this Act, which the Board of County Commissioners shall cause to be transferred into said Sinking Fund, as soon after the first day of April, A. D. one thousand eight hundred and seventy-three, as practicable, and fifteen (15) per centum of all county revenues paid into the Treasury of said county at any time after the first day of April, A. D. one thousand eight hundred and seventy three, to be placed in said Sinking Fund, as soon as paid into said Treasury. Each of said payments shall be continued until the 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 upward, the County Treasurer shall advertise in a public 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, then in that case said advertisement shall be published in some newspaper having the largest circulation in said county, to be designated by the Chairman of the Board of County Commissioners-the advertisement to specify the day, hour, and place the sealed proposals will be opened.

the Chairman of the Board of County Commissioners-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 Chairman 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, 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 so 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 Hamilton, 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 their number and date, and if the holder or holders thereof fail to surrender for payment, as provided, the interest upon said bonds shall cease, as before mentioned. 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 number, 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 said 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 expense that may be incurred in having said bonds prepared, not to exceed the sum of five hundred dollars.

Proposals opened.

Payment.

When interest to cease.

Advertisement to be continued.

Record, etc., of Sinking Fund to be kept.

Expenses of preparing bonds.

Compensation of Commissioners.

Advertisement for funding.

When Treasurer prohibited from paying warrants.

Officers not complying with Act guilty of misdemeanor.

Penalty.

Substance of section to be given in charge to the Grand Jury.

Power of District Court.

Fines, etc.

Repeal.

      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 April, one thousand eight hundred and seventy-three, the County Treasurer of White Pine County shall advertise in some newspaper, as heretofore provided, for the period of thirty days, that from and after that day the funding of the then outstanding warrants of White Pine County will commence; from which date it shall not be lawful for the Treasurer of said county to pay or liquidate any of the outstanding warrants 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.  Any county officer or officers of the County of White Pine 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 be fined in any sum not less than two hundred nor 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 White Pine 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. 18.  The District Court of White Pine 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. 19.  All fines and penalties collected under the provisions of this Act shall be paid into the School Fund.

      Sec. 20.  All Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Preamble.

Bonds heretofore issued.

Chap. LXXIX.–An Act to authorize the Board of County Commissioners of Elko County, Nevada, to issue bonds payable from the Building Fund, and to levy a tax to provide for the payment thereof.

[Approved March 7, 1873.]

      Whereas, The County of Elko, State of Nevada, has heretofore issued bonds, in pursuance of an Act of the Legislature of this State, approved March tenth, eighteen hundred and sixty-five,

sixty-five, entitled “An Act to authorize the County Commissioners of the several counties of this State to build or purchase buildings suitable for county purposes,” and that said bonds now outstanding amount to the sum of twenty-one thousand dollars, and are due and payable on the first day of January, A. D. eighteen hundred and seventy-four; whereas, the further sum of thirty-five hundred dollars was obtained from J. N. Williams, as a loan to provide in part for the payment of the interest on said Court-House bonds aforesaid, and for which a warrant was drawn on the Building Fund of said county, and duly legalized by an Act of the Legislature of this State, approved February sixteenth, eighteen hundred and seventy-one, and the same is due and payable; and, whereas, the principal of said bonds and warrants amount to the sum of twenty-four thousand and five hundred dollars, gold coin of the United States; therefore,

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

Assembly, do enact as follows:

      Section 1.  In order to provide for the payment of the bonds and warrants now due, and to become due, amounting to the sum of twenty-four thousand and five hundred dollars, gold coin, as herein recited and set forth, a loan, not exceeding the sum of twenty-eight thousand dollars, gold coin of the United States, is hereby authorized to be negotiated, on the faith and credit of the County of Elko, Nevada, to be paid within ten (10) years from the first day of January, A. D. eighteen hundred and seventy-four, to bear interest at the rate of ten per cent. per annum.

      Sec. 2.  The Board of County Commissioners of Elko County shall cause to be prepared suitable bonds, to be issued for the payment of the loan authorized by this Act, which bonds shall be of the denomination of five hundred dollars each, and every bond purport, in substance, that the County of Elko, State of Nevada, owes the holder thereof the sum of five hundred dollars, gold coin of the United States, payable from the Building Fund of said county, and to bear interest at the rate of ten per cent. per annum, from the first day of January, A. D. eighteen hundred and seventy-four, the interest to be paid at the office of the County Treasurer of said county, on the first day of January, A. D. eighteen hundred and seventy-five, and annually thereafter, in gold coin, until said bonds are paid and liquidated. Said bonds shall be signed by the Chairman of the Board of County Commissioners, countersigned by the Clerk of said Board, and indorsed by the County Treasurer, and shall have the seal of said Board impressed thereon, and the said bonds shall bear date of January first, A. D. eighteen hundred and seventy-four.

      Sec. 3.  Coupons for the interest shall be attached to each bond. Said coupons shall be numbered consecutively, and shall 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 the County Treasurer, and upon the payment of said coupons by the County Treasurer he shall deliver the same to the County Auditor, to be by him filed in his office.

Warrant heretofore issued.

Amount due.

Elko County authorized to contract loan.

Bonds to be issued.

Substance and form of bonds.

Interest, when and where paid.

Bonds, how signed and sealed.

Interest coupons.

Form.

Sale of bonds.

Proceeds to be paid into Building Fund.

Proviso.

Clerk to keep record of bonds issued.

Building Fund created.

Special tax authorized.

Surplus, how applied.

Surplus in Building Fund, how applied.

Notice for sealed proposals.

Sealed proposals to be opened and awarded.

urer he shall deliver the same to the County Auditor, to be by him filed in his office.

      Sec. 4.  It shall be the duty of the Board of County Commissioners, and they are hereby authorized to negotiate the sale of the bonds provided herein to be issued. Said bonds, or so many thereof as may be required, shall be sold at the highest market price that can be obtained for the same, in gold coin of the United States, and the proceeds from said sale to be paid into the Building Fund of said county, as in this Act provided, to be used for redeeming the bonds and warrants in the foregoing preamble recited; provided, the said Board may exchange any of the bonds issued under this Act in lieu of any outstanding bonds and warrants in said preamble mentioned, if on such terms as would seem to them advisable.

      Sec. 5.  It shall be the duty of the Clerk of said Board to keep a record of all such bonds as may be issued in accordance with this Act, showing the number, date, amount, and to whom issued.

      Sec. 6.  After the negotiation and sale of the bonds provided for in this Act, it shall be the duty of the County Treasurer to set apart a Fund for the purpose of paying the principal and interest of said bonds, as the same may become due, which shall be called the Building Fund. There shall be levied and collected for the fiscal year commencing January first, one thousand eight hundred and seventy-four, and annually thereafter until all the bonds issued and sold under this Act shall have been fully paid, both principal and interest, a special tax, to be known as the Building Tax, of fifteen (15) cents on each one hundred dollars of taxable property in the county, including the tax on the proceeds of the mines. The moneys derived from this tax shall be applied to the payment of the interest accruing upon said bonds issued in pursuance of this Act; provided, that should a surplus remain in said Building Fund after the payment of the annual interest, it shall be applied toward the payment of the principal as in this Act provided.

      Sec. 7.  If, on the first day of January, one thousand eight hundred and seventy-five, or whenever, on the first day of January annually thereafter, until the bonds provided to be issued by this Act shall have been paid and liquidated, there shall remain in said Building Fund a surplus of five hundred dollars or more, after the payment of the interest, as in this Act provided, the County Treasurer shall advertise, in a newspaper published in Elko County, for the space of thirty days, for sealed proposals for the redemption of said bonds; and in case there be no paper published in said county, then in that event in some newspaper published in the State having the largest circulation in said county, to be designated by the County Commissioners; the said advertisement to specify the place, day, and hour the said proposals will be opened.

      Sec. 8.  At the place and time specified, the County Treasurer shall open said proposals in the presence of the Chairman of the Board of County Commissioners and County Auditor, and shall pay and liquidate such bonds presented at the lowest value which they may be proposed to be surrendered; provided, that no bid shall be received for more than the par value; and, provided further,

vided 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 and for the time as before mentioned, for the surrender and payment of so many of said bonds as the amount of money in said Building Fund will pay, in their regular order as numbered, commencing with number one, and continuing the payments in that order according to their number; and in the event that the holder or holders of the bond or bonds, in order of payment as above provided, shall fail to present his or their bonds for payment at the office of the County Treasurer, at Elko, Nevada, at the time named in said advertisement, then in that case the said bond or bonds so advertised shall cease to bear interest from such date named in the advertisement for the payment of the same; provided, said Treasurer shall reserve in said Fund an amount sufficient to pay the principal of said bonds advertised, when presented for payment.

      Sec. 9.  The expense for bonds and publishing, as provided in this Act, shall be paid out of the General Fund of the county.

No bids received, notice to be given of payment of bonds.

Bonds advertised for, not presented, cease to bear interest.

Treasurer to reserve amount.

Expense of bonds, etc., how paid.

Chap. LXXX.–An Act fixing the number of Officers and Employes of the Senate and Assembly, to define their duties, and to establish their pay.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The officer and employes of the Senate shall consist of one Secretary, one Assistant Secretary, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, two Copying Clerks, one Chief Clerk of Committees, three Committee Clerks, one Porter, one Messenger, and two Pages.

      Sec. 2.  The officers and employes of the Assembly shall consist of one Chief Clerk, one Assistant Clerk, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, one Chief Clerk of Committees, four Committee Clerks, two Copying Clerks, one Porter, one Messenger, and two Pages.

      Sec. 3.  There shall be paid to the several officers and employes named in this Act, for all services rendered by them under the provisions of this Act, the following sums and no more: The Secretary of the Senate, and Assistant Secretary of the Senate, the Chief Clerk of the Assembly, and Assistant Clerk of the Assembly, shall receive ten (10) dollars per day; all other clerks of the two Houses, with the exception of Chief Clerks of Committees, and Committee Clerks, who shall receive six (6) dollars per day,

Officers and employes of Senate.

Officers and employes of Assembly.

Salaries of officers and employes.

Additional copying.

Compensation.

Secretary of Senate, duties of.

Chief Clerk of Assembly, duties of.

Duties of Assistant Clerks.

Duties of Minute Clerks.

Journal Clerk of Senate.

Journal Clerk of Assembly.

Duties of Copying Clerks.

Duties of Sergeants-at-Arms.

six (6) dollars per day, shall each receive nine (9) dollars per day; to the Sergeant-at-Arms of the Senate, and to the Sergeant-at-Arms of the Assembly, each ten (10) dollars per day; to the Assistant Sergeant-at-Arms of the Senate, and of the Assembly, each eight (8) dollars per day; to the Porters of the Senate and Assembly, each five (5) dollars per day; to the Messengers, each four (4) dollars per day; and to the Pages, each three (3) dollars per day; and all additional copying required in the enrolling and engrossing departments of the two Houses, shall be under the supervision of the Chairman of the Enrolling and Engrossing Committees respectively, and shall be compensated at the rate of fifteen (15) cents per folio, for engrossing, and twenty-five (25) cents per folio for enrolling.

      Sec. 4.  It shall be the duty of the Secretary of the Senate to attend each day, call the roll, read the Journal and bills; to take charge of and superintend the copying of the Journals, and all other copying necessary to be done for the Senate. It shall be the duty of the Chief Clerk of the Assembly to attend each day, to call the roll, read the Journal and bills, and to take charge of and superintend the copying of the Journals, and all other copying necessary to be done for the Assembly. It shall be the duty of the Assistant Secretary of the Senate, and the Assistant Clerk of the Assembly, to take charge of all bills, petitions, and other papers presented to their respective Houses, to file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the Secretary of the Senate and Chief Clerk of the Assembly. It shall be the duty of the Minute Clerk of the Senate, and the Minute Clerk of the Assembly, to keep a correct record of the proceedings of each day, for the purpose of having such proceedings recorded in the Journals, by the Journal Clerks of their respective Houses. It shall be the duty of the Journal Clerk of the Senate to record each day’s proceedings in the Journal, from which they shall be read by the Secretary each day of meeting, in order that they may be authenticated by the signature of the President. It shall be the duty of the Journal Clerk of the Assembly to perform all similar duties for the Assembly which are required to be performed by the Journal Clerk of the Senate. It shall be the duty of the Copying Clerks of the Senate to copy into the Appendix the annual reports of the State officers, and other lengthy documents, and to perform all such copying for the printer as shall be ordered by the Senate. It shall be the duty of the Copying Clerks of the Assembly to copy into the Appendix all lengthy documents, and to perform all such copying for the printer as shall be ordered by the Assembly; but the annual reports of the State officers shall not be copied into the Assembly Journal or Appendix, but the journal of the proceedings of Joint Conventions of the Senate and Assembly shall be copied only in the Journal of the Assembly. It shall be the duty of the Sergeant-at-Arms of the Senate, and the Sergeant-at-Arms of the Assembly, to give a general supervision, under the direction of the presiding officers, to the Senate and Assembly chambers, with the rooms attached; to attend during the sittings of their respective bodies, execute their commands, together with all such process, issued by authority thereof, as shall be directed to them by their presiding officers; to keep an accurate account for paying mileage of members, and prepare checks for the same.

authority thereof, as shall be directed to them by their presiding officers; to keep an accurate account for paying mileage of members, and prepare checks for the same. They shall receive no other compensation for their services beyond their per diem except actual expenses incurred in arrests made by them, and for traveling expenses for themselves or special messenger, which expenses, so incurred, shall be paid from the Contingent Fund of their respective Houses; provided, that no messenger shall be employed by any officer of either House, unless expressly authorized so to do by the House of which he is an officer. It shall be the duty of the Assistant Sergeant-at-Arms of each House to perform the duties of doorkeeper, prohibit all persons except members of the Legislature and State officers, employes, and ladies, and such reporters as may have seats assigned them by the rules of each House, from entering within the bar of the House of which he is doorkeeper, unless upon invitation; and to arrest for contempt all persons outside of the bar or in the gallery, found engaged in loud conversation, or otherwise making a noise, to the disturbance of their respective Houses. It shall be the duty of the Chief Clerk of Committees to have a general supervision over the committee clerks of their respective Houses, detailing them for duty when called upon so to do by the Chairman of any committee requiring the services of a clerk; and the Chief Clerk of Committees of each House shall at all times hold himself in readiness to perform the duties of committee clerk for any committee requiring his services.

      Sec. 5.  It shall be the duty of the Secretary and Assistant Secretary of the Senate, and Chief Clerk and Assistant Clerk of the Assembly, at the close of each session of the Legislature, to mark, label, and arrange all bills and papers belonging to the archives of their respective Houses, and to deliver the same, together with all books of both Houses, to the Secretary of State, who shall certify to the reception of the same; and upon the production of said certificate to the Controller of State, the Controller is authorized and directed to draw his warrant upon the Treasurer, in favor of the above named parties, for the sum of twenty-five dollars each, and the Treasurer is authorized to pay the same out of any money in the General Fund not otherwise appropriated.

      Sec. 6.  All officers and employes of the Senate and Assembly, provided for in this Act, shall be elected by the Senate and Assembly respectively. The Senate and Assembly may invite ministers of the different denominations to officiate alternately as Chaplains of their respective Houses, at a compensation for such services, when rendered, of five (5) dollars per day.

      Sec. 7.  Any of the officers and employes mentioned in this Act may be removed by a two-thirds vote of the members of the House in which they are connected, for failure to perform the duties imposed upon them by this Act, or for incompetency, or for conduct which shall by each House be deemed improper.

      Sec. 8.  No additional number of officers or employes of the Senate or Assembly shall be elected or appointed.

No extra compensation.

No messenger to be employed without express authority.

Duties of Assistant Sergeants-at-Arms.

Duties of Chief Clerks of Committees.

Duties of Secretaries and Clerks at close of session.

Controller to draw warrant.

Compensation.

Election of officers and employes.

Chaplains.

Compensation.

Removals of officers and employes.

No additional officers or employes.

Per diem, when to commence.

Terms of present officers and employes not affected.

Act of March 18, 1871, repealed.

      Sec. 9.  The per diem of all officers fixed by this Act shall date from the day on which they shall have been elected and qualified.

      Sec. 10.  Nothing in this Act shall be construed so as to affect the tenure of office of any attache of this Legislature herein named, and appointed prior to the passage of this Act.

      Sec. 11.  An Act entitled “An Act in relation to enrolling laws, resolutions, and other documents,” approved March thirteenth, eighteen hundred and sixty-seven, is hereby repealed.

Seal of State Board of Education.

Sessions of Board.

Record of proceedings of Board.

Superintendent of Public Instruction, duties of.

Chap. LXXXI.–An Act amendatory of an Act entitled “An Act to provide for the maintenance and supervision of Public Schools,” approved March twentieth, eighteen hundred and sixty-five, and of Acts amendatory thereof.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Three.  The State Board of Education shall have a seal, an impression and description of which shall be deposited in the office of the Secretary of State. It shall be the duty of said Board to hold semi-annual sessions, for the purpose of devising plans for the improvement and management of the public school funds, and for the better organization of the public schools of the State, and such special sessions as may be called by the President. A full record of the proceedings of the Board shall be kept by the Secretary, and shall be embodied in the annual report of the Superintendent of Public Instruction.

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

      Section Seven.  The Superintendent of Public Instruction shall prescribe suitable forms and regulations for making all reports, and conducting all necessary proceedings under this Act, and shall cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register, for the purpose of securing more accurate returns from teachers of public schools, and shall furnish each County Superintendent with a number, sufficient to supply at least one copy thereof to each district or school of such county. He shall prepare pamphlet copies of the school law, and all amendments thereto, and shall transmit a number of the same to the County Superintendents, sufficient to supply each and every School Trustee, School Marshal, and school teacher with a least one copy of the same.

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

      Section Fifteen.  It shall be the duty of the County Treasurer of each county:

      First-To receive and hold as a special deposit all public school moneys, whether received by him from the State Treasurer or raised by the county for the benefit of public schools, or from any other source, and to keep a separate account thereof, and of their disbursement.

      Second-On receiving any public school moneys subject to distribution, to notify the County Superintendent of Public Schools of the amount thereof.

      Third-To pay over, on the warrant of the County Superintendent, duly indorsed by the person entitled to receive the same, the several amounts of school moneys to which each city, town, and district shall be entitled; and,

      Fourth-On or before the first day of October, annually, to make a full report to the Superintendent of Public Instruction of the public school moneys received into the County Treasury within the school year ending on the last day of August next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State of County School Fund. And in case of failure or neglect of said County Treasurer to make such report, he shall forfeit, for the benefit of the County School fund, the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the County School Fund.

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

      Section Seventeen.  It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the County Treasurer and the County Auditor, as provided in this Act, to apportion the public school moneys in the County Treasury among the several school districts of his county, in proportion to the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer and the School Trustees, in writing, of such apportionment, in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his warrant on the County Treasurer in favor of the Trustees of any school district in his county, for any bill duly signed by said Trustees and authorized by this Act; provided, that such warrant shall not be drawn except upon presentation of an itemized account, and until full and correct returns have been made to him as required by law; and, provided further, that, if in the opinion of the Superintendent, any bill contain an exorbitant or unwarranted charge, he may refuse to draw his warrant until ordered to do so by the Board of County Commissioners, who shall act as Auditors upon all bills rejected by the County Superintendent.

County Treasurers to receive school moneys.

To notify County Commissioners.

Pay school moneys on warrant of County Superintendent.

To make report.

Penalty.

County Superintendent to apportion school moneys.

To draw warrants.

Veto exorbitant or unwarranted bills

County Commissioners to act upon rejected bills.

County Superintendents to visit schools.

Distribute blanks, etc.

File reports, etc.

To make annual report.

To preside, etc.

To appoint School Trustees.

To draw warrants.

To subscribe for an educational journal.

of County Commissioners, who shall act as Auditors upon all bills rejected by the County Superintendent. No warrant shall be drawn in favor of any school district unless there be cash in the Treasury at the time to the credit of said district.

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

      Section Eighteen.  The County Superintendent shall have power, and it shall be his duty:

      First-To visit each public school in his county within ten miles of the county seat at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county, and give to the School Trustees, Marshals, and teachers such aid as may be important to the prosperity of the schools.

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

      Third-To keep on file in his office the reports of the School Trustees, Marshals, and teachers received by him, and to record all his official acts in a book to be provided for that purpose, together with a full record of the proceedings of the County Board of Examination; and at the close of his official term to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take a receipt for the same, which shall be filed in the office of the County Treasurer and the County Auditor.

      Fourth-To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and teachers, by law required to be made to the County Superintendent for the preceding school years.

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

      Sixth-To appoint School Trustees in all the districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office.

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

      Eighth-To subscribe annually for a sufficient number of copies of an educational journal devoted exclusively to educational purposes, to furnish each school officer and teacher in his county with a copy of the same, and one copy to be filed with the records of the district, and to pay for the same in the same manner as other contingent expenses of the district are paid, out of the County School Fund.

same manner as other contingent expenses of the district are paid, out of the County School Fund.

      Sec. 6.  Section twenty-one of said Act is hereby amended so as to read as follows:

      Section Twenty-one.  The County Superintendent shall receive for his official services such compensation as shall be allowed by the Board of Commissioners of his county, which shall be audited and paid in the same manner as other county salaries and expenses are audited and paid; provided, that such compensation shall be at least sufficient to pay all necessary traveling expenses incurred by him in the discharge of the duties required of him by law. He may appoint a deputy, who shall have authority to transact all the business of the office during the absence or inability of the Superintendent; provided, that the county shall not be responsible for payment of the salary of such deputy. He shall, in person or by deputy, attend at his office during business hours of Saturday of each week, for the purpose of drawing warrants and the transaction of any other official business.

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

      Section Twenty-two.  At the general election of the several counties in this State in A. D. eighteen hundred and seventy-four, there shall be elected by the qualified voters of each district a Board of School Trustees, to consist of three members; provided, that in any district wherein the number of votes cast at the last previous general election exceeded fifteen hundred, such Board shall consist of five members. At said general election in eighteen hundred and seventy-four, and each general election thereafter, there shall be elected in each district one Trustee, to serve upon the Board of Trustees four years; and a term of four years shall be known, both in this Act and for the purpose of the election of School Trustees, as the long term; and the other Trustee or Trustees (as the case may be) necessary to fill the Board, shall be elected to serve upon the Board for the term of two years; provided, that in any district entitled under the provisions of this Act to five Trustees, two of the Trustees shall be elected to serve upon the Board for the long term. Trustees shall enter upon the duties of their office on the first Monday of January succeeding their election. They are hereby authorized to administer to each other the oath or affirmation of office. Certificates of election shall be issued the same as to county and township officers, which certificates, with the oath or affirmation indorsed thereon, shall be forwarded to the County Superintendent, who shall file the same in his office.

      Sec. 8.  Section twenty-four of said Act is hereby amended so as to read as follows:

      Section Twenty-four.  It shall be the duty of the Trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet as soon as practicable after taking the oath of office, at such place as may be most convenient in the district, and to organize by appointing one of their number Clerk of the Board, who shall preside at official meetings of the Trustees and record their proceedings in a book to be provided for the purpose; and all such proceedings, when so recorded, shall be signed by said Clerk.

Compensation of.

Deputy County Superintendent.

Election of School Trustees.

Term of office of Trustees.

When term of office to commence.

Certificates of election.

Board of Trustees, duties of.

Board of Trustees, powers of.

Conveyance of real estate.

Teachers.

Trustees may dismiss teachers.

School Census Marshal, duties of.

Clerk. Said book shall at all times be subject to the inspection of any taxpayer in the district; and said Clerk shall cause full minutes of the proceedings of each session of the Board to be published in some newspaper having general circulation in the district; provided, that such publication may be had without expense to the district. In districts having a school population of three hundred or more, the Clerk of the Board of Trustees may receive such salary as said Board may allow; provided, that such salary shall not exceed ten dollars per month.

      Sec. 9.  Section twenty-five of said Act is hereby amended so as to read as follows:

      Section Twenty-five.  Each Board of Public School Trustees shall constitute a body corporate, and shall have care and custody of all school property within their district. They shall have power to convey by deed all the estate or interest of their district in any school-house or site directed to be sold by vote of the district. It shall be their duty, directed by a vote of their district, to build, purchase, or hire school-houses for the use of the district, and also, without such vote, to cause any needed repairs of the same, when the expense of such repairs will not exceed five hundred dollars, and to supply school-houses with necessary furniture, fixtures, and fuel; provided, that no public school-house shall be erected in any school district in the State until the plan of the same has been submitted to and approved by the County Superintendent of Public Schools. County Superintendents may refuse to draw their warrants in payment of expenses incurred in disregard of this provision. Trustees shall cause to be erected such outhouses as decency requires; and in case of failure or neglect in this particular, it shall be the duty of the County Superintendent to cause the work to be done, and to pay for the same out of the Fund belonging to the delinquent district. All conveyances of real estate made to the Board of School Trustees shall be in their corporate name and to their successors in office.

      Sec. 10.  Section twenty-eight of said Act is hereby amended so as to read as follows:

      Section Twenty-eight.  It shall be the duty of the School Trustees to employ teachers, and to certify the amount due them for services to the County Superintendent, who shall draw a warrant on the County Treasurer for the amount; provided, that salaries of teachers shall be determined by the character of the service required, and that in no district shall there be discrimination in the matter of salary as against female teachers. Trustees may dismiss any teacher at any time for such reasons as they may deem sufficient. They shall visit the school or schools under their charge at least once in each term by one or more of their number, with such other persons as they may choose to invite.

      Sec. 11.  Section thirty-two of said Act is hereby amended so as to read as follows:

      Section Thirty-two.  It shall be the duty of the School Trustees of each district to appoint a School Census Marshal, on or before the first day of May in each year, and file a copy of his certificate of appointment with the County Superintendent of their county. It shall be the duty of such School Census Marshal to take annually, in the month of May, a specific census of all the children in his district between the ages of six and eighteen years,

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

      Sec. 12.  Section forty-one of said Act is hereby amended so as to read as follows:

      Section Forty-one.  The County Superintendent shall appoint two competent persons, who, with himself, shall be and constitute a Board of Examination, of which he shall be the Chairman. Said Board shall be constituted for the purpose of examining applicants and of granting certificates of qualification to teachers of public schools. They shall meet at such times and places as the interests of the public may require, and be governed by such rules and regulations as the State Board of Education may from time to time direct. They shall only grant certificates, except as hereinafter provided, to such persons as shall pass a satisfactory examination, which certificates shall remain in force, as specified in this section, unless revoked for good cause shown. Said Board of Examiners shall have power to grant certificates of the following grades: Certificates of the First Grade-For teaching unclassified grammar, and high schools, which shall be good for two years; Certificates of the Second Grade-For teaching primary schools, which shall be good for one year. Said certificates shall be issued to such persons only as have passed a satisfactory examination in the branches of study pursued in each specified grade of all [the] public schools, and shall have given evidence of good moral character and fitness to teach; and said certificates shall be signed by a majority of the Board of Examiners. Said Board shall have power to renew the certificate of a teacher who is successfully and continually engaged in teaching in the county, without a reexamination. It shall be the duty of said Board, upon presentation to them of any life certificate of any State,

Same.

Compensation.

Boards of Examination, duties of.

County School tax.

School Month.

Compensation of teachers.

Acts repealed.

of any life certificate of any State, or of a California State Normal School diploma, to grant to the holder thereof a county certificate, without examination; provided, that such State certificate or diploma shall be presented within five years from the date of issuance.

      Sec. 13.  Section forty-five of said Act is hereby amended so as to read as follows:

      Section Forty-five.  The Board of County Commissioners of each county shall annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents, nor less than fifteen cents, on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax, and collected in the same manner, and paid into the County Treasury as a special deposit, to be drawn in the same manner as other public school moneys; and should said County Commissioners fail or neglect to levy said tax as required, it shall be the duty of the County Auditor to add such tax as the County Superintendent of Public Schools may deem sufficient, between the limits of fifteen (15) and fifty (50) cents on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section.

      Sec. 14.  Section fifty of said Act is hereby amended so as to read as follows:

      Section Fifty.  Except when special agreement is made, a school month shall consist of four weeks of five days each, and teachers shall be paid only for the time in which they are actually engaged in teaching; provided, that when an intermission of less than six days is ordered by the Trustees no deduction of salary shall be made therefor.

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

      Section Fifty-seven.  An Act entitled “An Act in relation to the payment of school moneys by County Treasurers,” approved February twenty-seventh, eighteen hundred and seventy-one; also, an Act entitled “An Act concerning teachers of common schools in this State,” approved January twenty-sixth, eighteen hundred and sixty-five, together with all Acts, and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed.

Planting and cultivation of forest and shade trees.

Chap. LXXXII.–An Act to encourage the growth of Forest Trees.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  Every person planting one acre or more of land, within five years after the passage of this Act, with any kind of forest or shade trees, and successfully growing and cultivating the same for three years, and any person planting, protecting, and cultivating for three years, one half mile or more of forest or shade trees,

or shade trees, along any public highway, said trees to be planted so as to stand, at the end of three years, one rod apart, shall be entitled to receive, for twenty years, commencing two years after said grove or line of trees has been planted, an annual bounty of ten dollars per acre for each acre so planted, and ten dollars for each half mile so planted, to be paid out of the County Treasury of the county in which said grove or line of trees may be situated. Such bounty shall not be paid any longer than said grove or line of trees is cultivated and kept alive and in a growing condition.

      Sec. 2.  Any persons wishing to avail themselves of the provisions of section one of this Act shall, within two years after planting said grove or line of trees, showing on what section or other piece of land said grove or line of trees is situated, attested by his own oath and the affidavit of at least two householders of the vicinity, setting forth all the facts in relation to the growth and cultivation of said grove or line of trees. The County Clerk shall lay such plat and affidavit before the Board of County Commissioners, and if they find from all the evidence that section one of this Act has been fully complied with, shall cause warrants to be issued upon the County Treasury of the county for the bounty above provided for.

      Sec. 3.  The affidavit of the claimant, and of at least two householders of his vicinity, showing the growth and condition of such trees, shall be filed each year in the office of the County Clerk, before the County Commissioners shall authorize warrants to be drawn on the County Treasurer for the bounty for that year; provided, that the provisions of this Act shall in nowise apply to willows and cottonwoods planted for the express purpose of protecting the banks of ditches and canals.

      Sec. 4.  It is hereby provided that the planting of forest and shade trees, as mentioned in this Act, shall in no manner add to or increase the taxable value of said land.

      Sec. 5.  If any person shall cut down, injure, or destroy, or carry away any tree planted or growing for use, or shade, or ornament, or any timber, rails, or wood, standing, being, or growing on the land of any other person, the party so offending shall pay to the party injured thrice the value of the property so injured, destroyed, or carried away, and shall be deemed guilty of a misdemeanor, and subject to a fine not exceeding one hundred dollars.

Bounty.

Continuance of bounty.

Benefits of Act, how availed of.

County to issue warrants.

Affidavits to be filed.

Proviso.

Taxation not to be increased.

Injuring trees, etc., made misdemeanor.

Penalty.

Punishment.

Chap. LXXXIII.–An Act to encourage the artificial cultivation and propagation of Fish in the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  Any person or persons now engaged, or who shall hereafter engage in the artificial cultivation and propagation of fish in the State of Nevada,

Artificial cultivation and propagation of fish encouraged.

Existing rights not to be interfered with.

Location to be recorded.

Improvement of possessory right, amount necessary, and when to be made.

Prior right to purchase when claim is upon public land afterwards acquired by State of Nevada.

Taking of fish unlawful.

Penalty.

Action, how prosecuted.

Damages to party injured.

tion of fish in the State of Nevada, shall have the right to locate, hold, and occupy a tract of land not exceeding one hundred and sixty acres of the public domain of the United States, or of the State of Nevada, including any and all streams, creeks, springs, and waters thereon, and shall have and maintain an action for the sole and uninterrupted possession thereof, subject to the conditions hereinafter set forth; provided, that such location or occupation shall not be made upon any portion of the public domain aforesaid which may be occupied or entered for purchase under existing laws, nor interfere in any manner with the existing rights of appropriators of the waters of any spring or other watercourse rising upon or flowing through said land.

      Sec. 2.  The person or persons locating any ground, rivers, creeks, ponds, or springs for the purpose of engaging in the cultivation of fish, shall, within three months from the date of commencing improvements thereon, file with the Recorder of the county in which such ground, river, creek, pond, or spring may lie in whole or in part, a statement in writing, setting forth the exterior boundaries of said claim, which said boundaries may be designated by natural or artificial objects, with a further statement that it is the intention of the parties thereto, to engage in the cultivation and propagation of fish on the premises therein described.

      Sec. 3.  The person or persons making locations under this Act, shall, within three months from the date of filing said statement of intention, do or cause to be done upon the land selected, labor or place improvements thereon to the amount of two hundred dollars, and from and after the filing of said notice and performance of said labor or placing of said improvements thereon, the said claimants, their heirs or assigns, shall have and maintain the exclusive right to the possession thereof.

      Sec. 4.  Should any claim as aforesaid be made upon any unsurveyed lands of the United States, and subsequently thereto, on survey of said lands by the General Government, shall be found to be in any section which the State of Nevada may have a right to purchase or select under any law of Congress donating lands to the State of Nevada, the claimant of claimants thereto shall have a prior right to purchase the same from the State for the period of six months from the date of such Government survey, at the rate of one dollar and twenty-five cents per acre.

      Sec. 5.  It shall not be lawful for any person to take fish from any of the streams, creeks, springs, or waters upon any land located or occupied in conformity with this Act, without the consent of the owner or owners thereof; and any person convicted thereof, shall be fined in the sum of five dollars and costs of prosecution, for each and every fish so taken. An action for the penalty herein mentioned may be prosecuted in any Court of competent jurisdiction, in the name of the State of Nevada, and the offender shall also be liable in damages in a civil action, for any and all damages, injury to, or interference with, the rights of any person or persons claiming under this Act.

      Sec. 6.  Section three, of Chapter V, of “An Act prescribing the mode of maintaining and defending possessory action on public lands in this State,

on public lands in this State,” approved March ninth, eighteen hundred and sixty-five, in so far as the rights conferred by this Act may conflict, is hereby declared null and void, except so much thereof as follows, to wit: “Any person claiming any of the public lands in this State for the purpose aforesaid, shall take and subscribe his or her affidavit, * * * that to the best of his or her knowledge and belief the said lands are not claimed under any existing title,” which shall apply with full force and effect.

      Sec. 7.  This Act shall take effect from and after its passage.

Conflicting Act repealed.

Act to take effect.

Chap. LXXXIV.–An Act to appropriate money for the payment of certain claims against the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Controller of the State of Nevada is hereby authorized and directed to draw his warrant upon the State Treasurer in favor of the following named persons, for the following mentioned sums of money, namely: In favor of Richard Arnold, for the sum of fifteen dollars; William Nunan, for the sum of fifteen dollars; John O’Brien, for the sum of fifteen dollars; Thomas Cavanaugh, for the sum of ten dollars; Patrick O’Conner, for the sum of fifteen dollars; Bartholomew Colgan, for the sum of fifteen dollars; M. A. Feeney, for the sum of ten dollars; E. Doherty, for the sum of ten dollars; John Kelley, for the sum of fifteen dollars; Thomas Feeney, for the sum of fifteen dollars; P. Tummy, for the sum of ten dollars; Thomas O’Harra, for the sum of ten dollars; Daniel Hanlin, for the sum of fifteen dollars; James Haitnett, for the sum of ten dollars; P. Fahay, for the sum of fifteen dollars; D. J. Ford, for the sum of twenty dollars; D. J. Mahoney, for the sum of twenty dollars; Miles Finlan, for the sum of twenty dollars; J. O. Lyman, for the sum of twenty-five dollars; J. A. Robertson, for the sum of twenty-five dollars; F. A. Marston, for the sum of twenty-five dollars; James McKay, for the sum of twenty-five dollars; C. E. Stein, for the sum of twenty-five dollars; D. McNaught, for the sum of twenty-five dollars; Charles Bailey, for the sum of twenty-five dollars; A. N. Comstock, for the sum of twenty-five dollars; Thomas Cambell, for the sum of fifteen dollars; T. W. Currier, for the sum of fifteen dollars; W. H. Curnow, for the sum of fifteen dollars; William Cocking, for the sum of twenty-five dollars; Thomas Carson, for the sum of twenty-five dollars; Joseph Demling, for the sum of twenty-five dollars; Fred. Dickman, for the sum of fifteen dollars; F. Darragh, for the sum of twenty-five dollars; George Elston, for the sum of twenty-five dollars; Peter Fitzgerald, for the sum of twenty-five dollars; John Flood, for the sum of twenty-five dollars;

Controller of State to draw warrants.

Persons and amounts.

Warrants paid out of State Prison Fund.

Warrants to be in full satisfaction of claims.

Appropriations.

Act to take effect.

sum of twenty-five dollars; W. H. Kerns, for the sum of twenty-five dollars; Samuel Murray, for the sum of twenty-five dollars; F. A. Moyer, for the sum of twenty-five dollars; Samuel Pierce, for the sum of fifteen dollars; John Rosenbrock, for the sum of twenty-five dollars; Henry Rosenbrock, for the sum of twenty-five dollars; George Sanders, for the sum of twenty-five dollars; A. J. Showers, for the sum of twenty-five dollars; Prue Locke, for the sum of fifteen dollars; J. C. Young, for the sum of fifteen dollars-payable out of any moneys in the State Prison Fund of said State not otherwise specially appropriated. And the Treasurer of said State shall pay said warrants out of said Fund, upon presentation of the same; which said amounts of money shall be paid to said persons, and received by them, respectively, in full payment and discharge of any and all claims or demands had, held, or asserted by them, or any of them, against the State of Nevada, for services rendered by them in aiding to recapture certain prisoners who escaped from the State Prison of said State, on or about the seventeenth day of September, A. D. eighteen hundred and seventy-one. And there is hereby appropriated, out of any moneys in said State Prison Fund, or hereafter to come therein, not otherwise specially appropriated, the said several sums of money hereinbefore mentioned and set forth, for the purpose of paying to the parties above named their said claims and demands, for the services rendered by them as aforesaid.

      Sec. 2.  This Act shall take effect from and after its passage.

State University, location of.

Proviso.

Land and building to be furnished by people of Elko.

Cost and capacity of building.

Teacher to be appointed, when.

Chap. LXXXV.–An Act to locate the State University, and to provide for the control and maintenance of the same.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The State University, as described in section four of Article eleven of the Constitution of Nevada, is hereby located at the Town of Elko, in the State of Nevada; provided, that the people of said town do, within one year from the passage hereof, convey or cause to be conveyed to the Board of Regents of the State of Nevada, in trust, for the use and benefit of said University, title to a tract of land of not less than twenty acres, eligibly located within said town, having thereon at least one building furnished and ready for occupancy, suitable for the uses of a Preparatory Department of the University, costing not less than ten thousand dollars, and adapted for the accommodation of not less than one hundred pupils.

      Sec. 2.  The Board of Regents, within three months after the reception of a deed, or if within railroad limits, of a bond for a deed to said tract of land, shall employ at least one duly qualified teacher, at an annual salary not to exceed twenty-four hundred dollars;

dred dollars; said teacher shall serve as Principal of the Preparatory Department of the University, and said Regents are hereby authorized to draw their order upon the State Controller quarterly for the payment of his salary, and the Controller shall draw his warrant upon the Treasurer, who shall pay the same out of any moneys to the credit of the Contingent University Fund hereinafter created.

      Sec. 3.  The Board of Regents shall have entire control and management of the affairs of the institution hereby established. They shall, by and with the advice of the Principal, arrange a course of study to be pursued in said institution, and shall designate the text books to be employed. They shall determine, and publish throughout the State, the terms of admission to said institution; provided, that the course of study shall be such as is appropriate to an academic or preparatory department, that tuition shall be free, and that none shall be excluded on account of sex, race, or color.

      Sec. 4.  Immediate selection and sale of the seventy-two sections of land granted this State by Act of Congress, approved July fourth, eighteen hundred and sixty-six, for the establishment and maintenance of a University, is hereby ordered. The moneys arising from the sale of said lands shall be and constitute a Fund to be known as the Irreducible University Fund. Whenever there shall be a sum in said Fund sufficient for investment the Board of Regents shall direct the State Treasurer to negotiate for investment of the same in United States securities, or in bonds of this State, at the lowest purchasable rates, and the Board shall then draw their order upon the State Controller, in favor of the State Treasurer, for the amount to be invested. Said Controller shall thereupon draw his warrant as directed, and the Treasurer shall complete the purchase of the securities negotiated for by him in pursuance of this Act. The interest derived from said Fund, together with all moneys paid as interest on deferred installments on purchase of lands named in this Act which may be sold under contract as provided in section nine of an Act entitled “An Act to provide for the selection and sale of lands,” etc., approved March fourth, eighteen hundred and seventy-one, shall be and constitute a Fund to be known as the Contingent University Fund.

      Sec. 5.  The necessary expenses incurred by the Board of Regents in the conduct of the University shall be passed upon by the Board of Examiners as other accounts against the State and paid from the Contingent Fund named in the preceding section, and the sum of four thousand dollars is hereby appropriated from said Fund for such purpose.

      Sec. 6.  If at any time there shall not be sufficient money in the Contingent Fund for the payment of warrants which have been allowed against the same, the Controller shall cause a sum sufficient to cover the deficiency to be transferred from the General School Fund to said Contingent University Fund.

      Sec. 7.  In consideration of the conveyance of lands having thereon a building as provided in this Act, the State University, designed ultimately to embrace departments of agriculture, mechanic arts, and mining, shall be considered permanently established as herein provided, and if removed for any cause, title to the property named shall revert to the people donating the same.

Salary of teacher.

Order of Regents upon Controller.

Controller to draw warrant.

Control and management of State University, Board of Regents to have.

Terms of admission to be published.

Sale of land ordered.

Irreducible University Fund created.

Investment of Fund, when made.

Interest, etc., to constitute Contingent University Fund.

Expenses of Board of Regents.

Money transferred.

Permanent establishment of State University.

Lands to revert.

Conflicting Acts repealed.

established as herein provided, and if removed for any cause, title to the property named shall revert to the people donating the same.

      Sec. 8.  All Acts, and parts of Acts, conflicting with the provisions of this Act, are hereby repealed.

State Prison to be erected.

Capacity of prison building.

State Building Fund created.

Surplus in State Capitol Fund to be transferred

State Capitol Fund tax continued as State Building Fund tax.

Prison labor to be used.

Claims submitted to Board of Examiners.

Conflicting Acts repealed.

Chap. LXXXVI.–An Act to provide for the erection of a State Prison.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Board of State Prison Commissioners are hereby authorized to purchase the necessary lands, and erect thereon a State Prison.

      Sec. 2.  The plan of the Prison shall be such that when the building is completed it shall be ample for the accommodation of three hundred (300) prisoners. So much of the building as may be necessary to accommodate one hundred and twenty-five (125) prisoners to be completed as soon as practicable after the Board shall have determined to erect said Prison.

      Sec. 3.  For the purposes recited in the title of this Act, and for the erection of such other buildings as the State may require for State Prison purposes, a Fund is hereby created, that shall be known and designated as the State Building Fund. Into said Fund shall be transferred any surplus remaining in the “State Capitol Fund,” after all the outstanding warrants against said “State Capitol Fund” shall have been fully paid. And the tax of one eighth of one per cent., heretofore levied as a “State Capitol Fund Tax,” shall, after the outstanding warrants against said Fund have been paid, be continued as a “State Building Fund Tax,” and the proceeds thereof be paid into said “State Building Fund.” One hundred thousand dollars ($100,000) of the first moneys coming into said “State Building Fund” are hereby appropriated for the purchase of the necessary lands, and the erection thereon of a State Prison, as provided in this Act.

      Sec. 4.  The Board of State Prison Commissioners are hereby authorized and empowered to use the labor of the prisoners confined in the State Prison in the erection of the State Prison, provided for in this Act.

      Sec. 5.  All claims under the operation of this Act shall be submitted to the State Board of Examiners, audited by the State Controller, and paid out of the “State Building Fund.”

      Sec. 6.  All Acts, and parts of Acts, so far as they conflict with provisions of this Act, are hereby repealed.

Chap. LXXXVII.–An Act for the construction of fences and the planting of trees at the State Orphans’ Home, in Carson.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one thousand dollars is hereby specially appropriated and set apart out of any moneys in the State Treasury not otherwise appropriated, for the purposes of this Act.

      Sec. 2.  The amount appropriated by the provisions of this Act shall be expended by, under the direction of, the Board of Directors of the State Orphans’ Home, in fencing said Home, planting fruit and ornamental trees thereon, and otherwise beautifying the same, as they in their judgment may deem expedient.

Appropriation.

Grounds of State Orphan Home to be fenced and improved.

Chap. LXXXVIII.–An Act for the relief of the Imperial Silver Mining Company.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Controller of the State of Nevada is hereby authorized and directed to draw his warrant upon the Treasurer of said State, in favor of the Imperial Silver Mining Company, for the sum of four hundred dollars, in legal tender notes of the United States, payable out of the School Fund of said State; and the said Treasurer is hereby authorized and directed to pay said warrant out of said Fund.

Controller of State to draw warrant in favor of Imperial Silver Mining Company, on School Fund.

Chap. LXXXIX.–An Act prescribing an additional penalty for the non-payment of Taxes in certain cases after suit.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  In all suits for the collection of delinquent taxes originally brought in the District Courts, where the amount exceeds three hundred dollars,

Collection of delinquent taxes Additional per centum added, when.

exceeds three hundred dollars, the complaint and summons shall demand, and the judgment shall be entered, for twenty-five per centum in addition to the tax [of] ten per centum thereon and costs, provided in the Act to provide revenue for the support of the government of the State of Nevada, and the Acts amendatory thereof; and such tax, penalty and costs, shall not be discharged, nor shall the judgment therefor be satisfied, except by the payment of the tax, original penalty, costs, and the additional penalty herein prescribed in full.

Salaries of District Judges.

Chap. XC.–An Act to amend an Act entitled “An Act to redistrict the State of Nevada,” approved February twenty-seventh, eighteen hundred and sixty-nine.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Three.  The salary of the Judge of the First District shall be seven thousand dollars a year; of the Second District, five thousand dollars a year, of which sum the County of Washoe shall pay twenty-one hundred dollars, the County of Ormsby twenty-one hundred dollars, and the County of Douglas eight hundred dollars; of the Third District, five thousand five hundred dollars a year, of which the County of Lyon shall pay thirty-five hundred dollars, the County of Esmeralda two thousand dollars; of the Fourth District, four thousand dollars a year; of the Fifth District, three thousand six hundred dollars a year, of which the County of Nye shall pay twenty-two hundred dollars, and the County of Churchill fourteen hundred dollars; of the Sixth District, five thousand dollars a year; of the Seventh District, three thousand dollars a year; of the Eighth District, five thousand dollars a year, from and after the first day of January, A. D. eighteen hundred and seventy-five; of the Ninth District, five thousand dollars a year. The provisions of this Act relating to the Second Judicial District, shall be in force, and take effect, from and after the first day of April, eighteen hundred and seventy-three.

Chap. XCI.–An Act to regulate the salaries of County Auditors.

[Approved March 7, 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 the Auditors of the several counties of this State shall be allowed the following monthly salaries, to wit: The Auditor of Storey County, one hundred dollars; of Ormsby County, one hundred dollars; of Esmeralda County, one hundred dollars; of Douglas County, one hundred dollars; of Lyon County, one hundred dollars; of Lander County, one hundred dollars; of Humboldt County, one hundred dollars; of Elko County, one hundred dollars; of White Pine County, one hundred dollars; of Churchill County, seventy-five dollars; of Lincoln County, one hundred dollars; of Washoe County, one hundred dollars; of Nye County, one hundred dollars; provided, that after the first day of January, A. D. one thousand eight hundred and seventy-five, the monthly salary of the Auditor of Washoe County shall be fifty (50) dollars, and the monthly salary of the Auditor of Nye County shall be fifty (50) dollars.

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

Salaries of County Auditors.

Proviso.

Conflicting Acts repealed.

Chap. XCII.–An Act to amend section three of “An Act to amend an Act entitled ‘An Act supplementary to an Act entitled an Act defining the duties of State Treasurer, approved February second, eighteen hundred and sixty-six,’ approved March first, eighteen hundred and sixty-nine,” approved March fifth, eighteen hundred and sixty-nine.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Three.  The State Treasurer shall securely keep in the safe and vault provided for him for that purpose, in his office at the seat of Government, all the public moneys, bonds, and securities of the State, appertaining to his office, and shall not deposit any part or portion of the same with any individual, copartnership, or corporation; nor shall he use said money, or any part thereof, or allow any one else to do so, except in the payment of bonds, or coupons, or warrants properly drawn upon him, by the State Controller.

State Treasurer, duties of.

Right of way for railroad.

Provisions of general law made applicable.

Survey, when to be made.

Termini of road to be designated.

Chap. XCIII.–An Act to grant the right of way and authorizing certain persons herein named to construct a Railroad from the line of the Central Pacific Railroad to the Colorado River.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The right of way is hereby granted to H. F. Rice, J. W. Haines, W. N. Leete, M. S Thompson, E. S. Davis, S. H. Day, Jerry Schooling, and W. W. Hobart, and their associates and assigns, to locate, build, maintain, and operate a railroad, from a point on the Central Pacific Railroad, at or near Humboldt Wells, in Elko County, on a line to be selected by survey, under and by the direction of the parties herein named, or their assigns, through the Counties of Elko, White Pine, Nye, and Lincoln, to the Colorado River, subject to the provisions of an Act entitled “An Act to provide for the incorporation of Railroad Companies and the management of the affairs thereof, and other matters relating thereto,” approved March twenty-second, eighteen hundred and sixty-five, and an Act amendatory thereof, approved February ninth, eighteen hundred and seventy-one.

      Sec. 2.  The preliminary survey of the line of said railroad shall be commenced and completed within one year from the passage of this Act.

      Sec. 3.  The parties herein named, and their associates or assigns, shall designate the place from and to which the said railroad is to be constructed, upon completion of the final survey and location of said road, as provided for in the Acts hereinbefore mentioned.

Certain vouchers in Treasurer’s office to be delivered to Controller of State.

Chap. XCIV.–An Act authorizing the State Treasurer to return certain vouchers to the Controller and receive credit for the same.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  In order that the General Fund may be relieved of certain checks drawn by the First National Bank of Nevada, and received by E. Rhoades, State Treasurer, in the year eighteen hundred and sixty-nine, from the Treasurer of White Pine County, on settlements, said checks, amounting to eight hundred dollars, and now representing that amount of currency in the General Fund, although entirely worthless, the State Treasurer is hereby authorized and directed to return said checks to the State Controller, who shall receive and file the same in his office, as vouchers, thereupon drawing his warrant upon the General Fund in favor of the State Treasurer, for the amount of eight hundred dollars, currency, and upon the return of said warrant the Controller shall credit the Treasurer with said amount.

General Fund in favor of the State Treasurer, for the amount of eight hundred dollars, currency, and upon the return of said warrant the Controller shall credit the Treasurer with said amount.

State Controller to draw warrant

Chap. XCV.–An Act supplementary to an Act entitled “An Act to abolish the use of State stamps, and to provide for the settlement of outstanding stamps,” approved February twenty-first, eighteen hundred and seventy-three.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  All instruments required to be stamped with State revenue stamps, prior to the twenty-first day of February, A. D. eighteen hundred and seventy-three, which shall remain unstamped up to that date, shall be admissible in the Courts as evidence, in the same manner and to the same effect as if said instruments had been properly stamped at the time of their execution.

Unstamped instrument to be admitted in evidence, when.

Chap. XCVI.–An Act to amend an Act entitled “An Act to provide for the registration of the names of electors, and to prevent fraud at elections,” approved March fifth, eighteen hundred and sixty-nine.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Five.  Every person applying to be registered shall, before he shall be entitled to have his name registered, take and subscribe to the following oath or affirmation, which shall be administered by the Registering Agent; provided, that no elector who has taken said oath at the time of his previous registration, in this State, shall be required to do so the second time, to wit:

      I do solemnly swear (or affirm) that I am a citizen of the United States, that I am of the age of twenty-one years, and will have actually and not constructively resided in this State six months, and in the county thirty days, next preceding the day of the next ensuing election (or, in case of a municipal election, such length of time as may be required by the Act of incorporation), and that I am not registered elsewhere in this State.

Qualification of electors.

Oath.

Form of oath.

incorporation), and that I am not registered elsewhere in this State. So help me God (or under the pains and penalties of perjury).

      Whenever an oath is required by the provisions of this Act, the elector shall swear according to the form of his religious faith or belief, and in such manner as may be considered most obligatory on his conscience.

School bonds authorized.

School meeting to vote issuance of bonds.

Form and amount of bonds.

Chap. XCVII.–An Act authorizing the School Trustees of School District Number Ten, in the Town of Reno, Washoe County, to issue bonds for the purpose of building a school house in said school district.

[Approved March 7, 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 Ten, in the Town of Reno, Washoe County, are hereby authorized to issue interest-bearing bonds, payable in not exceeding five years, and for a sum not exceeding twelve thousand dollars, subject to the provisions of this Act.

      Sec. 2.  Whenever the Board of Trustees of the school district named in section one of this Act shall, in their judgment, deem it advisable to build a school house for said district, they may call a school meeting for the purpose of providing means for such object. Such meeting shall be called in like manner, and subject to the same provisions of law, as prevail in all cases where money is to be raised for like purposes in school districts; and if a majority of the taxpayers whose names appear on the last assessment roll of said district shall vote to carry out the recommendation of such Board of Trustees, or to issue a smaller amount of bonds than was by them named in their notification calling said meeting, then in that case the action of said meeting shall be final, and no larger amount of bonds shall be issued than is determined by said vote.

      Sec. 3.  Said bonds shall be made payable to bearer, and issued in sums not less than one hundred dollars, with interest at not exceeding one per cent. per month.

Chap. XCVIII.–An Act to amend section six of an Act entitled “An Act defining the duties of State Treasurer,” approved February second, eighteen hundred and sixty-six.

[Approved March 7, 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.  The books, papers, and transactions of his office shall be open at all times for the inspection of the Governor, Controller, Board of Examiners, of either House of the Legislature, or of any committee thereof, or person authorized by law. He shall report to the Controller of State, on or before the tenth of each month, the complete operations of the Treasury for the preceding month, specifying the amount received and from what sources; the amounts expended in the redemption of bonds, warrants, coupons for interest, etc., and the balance of cash on hand in the Treasury to the credit of the various Funds. For any failure (except it be unavoidable) to comply with the provisions of this section, the Treasurer shall forfeit his office, and it shall be the duty of the Governor to declare the same vacant, and appoint a successor.

Books and papers open to inspection.

Report to Controller of State.

Penalty for failure to report.

Chap. XCIX.–An Act to provide for printing the annual reports of the State Treasurer and State Controller.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The State Treasurer and State Controller shall transmit to the State Printer the copy of their annual reports, now authorized by law, as soon as prepared after the close of each fiscal year, and the State Printer shall print, in pamphlet form, twelve hundred copies of the same.

      Sec. 2.  The reports for the years that the Legislature is in session shall be distributed by the Treasurer and Controller to the several State and county officers and to the members of the Legislature, reserving enough for the use of the next ensuing Legislature and to exchange with the officers of other States and Territories.

      Sec. 3.  The reports for the years preceding that in which the Legislature convenes shall be distributed as follows: three hundred copies of their several reports to the Treasurer and Controller; fifty copies of each report to be deposited in the State Library; three hundred copies of each report for the use of the members of the Senate, and five hundred and fifty copies of each report for the use of the members of the Assembly.

Reports of Controller of State and State Treasurer to be printed.

Reports to be distributed.

Number to be reserved.

Distribution of reports of non-Legislature years.

of the members of the Senate, and five hundred and fifty copies of each report for the use of the members of the Assembly.

Redemption Fund created.

Additional tax authorized.

Portion of other tax to be placed in Fund.

Assessment, levying, and collection of the tax authorized.

Chap. C.–An Act to amend an Act entitled “An Act for the purpose of placing the finances of Lyon County upon a permanent cash basis, and to provide for the payment of the outstanding indebtedness of said county,” approved February fourth, eighteen hundred and sixty-nine.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Two.  The Board of County Commissioners of Lyon County are hereby authorized and required, from and after the passage of this Act, to create in the County Treasury a Fund, to be known as the Redemption Fund of Lyon County, by the additional levy, to the amount of tax already allowed by law, to be levied for general county purposes, of twenty cents on each one hundred dollars valuation of the taxable property of said county; and the setting aside from the amount of tax, now by law authorized, twenty cents on each one hundred dollars valuation of the taxable property of said county, until the indebtedness hereinafter provided for, to wit, thirty-two thousand dollars, as principal, and no more, is fully paid. Said tax shall be levied, assessed, and collected, at the same time, and in like manner, as other State and county taxes; and the amount of tax so levied, assessed, and collected, shall be placed in said “Redemption Fund,” as soon as paid into said Treasury. The moneys placed in the “Redemption Fund,” created by this Act, shall be disbursed only as hereinafter provided.

Appropriation.

Chap. CI.–An Act for the relief of Mrs. Amanda M. Parker, widow of Ozro H. Parker, deceased.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The sum of twelve hundred dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to pay Mrs. Amanda M. Parker, widow and sole devisee of Ozro H. Parker, deceased, in full of balance due him from the State,

in full of balance due him from the State, for services as Porter, in and about the State Capitol, in the years eighteen hundred and sixty-nine and eighteen hundred and seventy; and the Controller is hereby authorized and directed to draw his warrant on the State Treasurer for the same.

Controller to draw warrant.

Chap. CII.–An Act to prohibit the sale of intoxicating drinks to minors.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  Every person who, without a written or verbal order from the parents or guardians, sells or gives to another under the age of twenty-one years, to be by them drank at that or any future time, as a beverage, any intoxicating drink or drinks, is guilty of a misdemeanor, and punishable by a fine not less than twenty-five dollars, and not more than one hundred dollars, or by imprisonment in the County Jail for a term not to exceed fifty days, or by both such fine and imprisonment; provided, that nothing in this Act shall be deemed to apply to parents of such minors, or guardians of their wards, or physicians.

      Sec. 2.  All moneys collected for fines under the provisions of this Act, shall, after deducting costs of suit, be paid over to the County Treasurer, and by him paid into the School Fund of his county.

Sale of intoxicating drinks to minors made a misdemeanor.

Punishment.

Proviso as to parents, guardians, or physicians.

Fines to be paid into County School Fund.

Chap. CIII.–An Act relating to the duties of the Secretary of State.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Secretary of State of the State of Nevada shall, hereafter, prepare and render a biennial report to the Governor of Nevada, in like manner as the State Controller and Treasurer, in which report shall be included an exhibit, showing in detail all expenditures made by him or under his direction; all moneys received by him, from whatever source, and the disposition made of the same. Said report shall also include all matters relating to the general business of the office of Secretary of State during the period embraced in said report.

Secretary of State, biennial report.

Statutes and Nevada Reports distributed

Expenditures to be audited by Board of Examiners

Act to take effect.

He shall, also, in said report give an itemized account of all statutes and Nevada reports distributed by him under the provisions of law, stating to whom such distribution is made and the amount of money received from the sale of any such statutes and reports, and the number of each year’s issue remaining on hand.

      Sec. 2.  All expenditures made by or under the directions of the Secretary of State shall be audited by the State Board of Examiners, and no warrant shall be issued by the State Controller for payment of such expenditures unless the same shall have been approved and allowed by said Board of Examiners.

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

Bounties for destruction of noxious animals.

Amounts.

Scalps or skins to be produced.

Oath and examination.

Justice of the Peace, duties of.

County Commissioners to audit and allow claims.

Chap. CIV.–An Act to provide for the destruction of noxious animals within this State.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  If any person shall take and kill, within this State, any of the following noxious animals, he shall be entitled to receive, out of the Treasury of the county within which such noxious animal or animals shall have been taken, the following bounties, to wit: for every coyote or prairie wolf, fifty cents; for every lynx or wild cat, two dollars; for every California lion, two dollars; all of which bounties shall be subject to the provisions of this Act.

      Sec. 2.  Every person intending to apply for such bounty shall take the scalp, with the ears connected thereto, or the skin entire, of the noxious animal or animals killed by him, to some Justice of the Peace of the county within which such noxious animal or animals shall have been taken.

      Sec. 3.  The person claiming such bounty shall then be sworn by such Justice, and state on oath the time and place when and where every noxious animal for which a bounty is claimed by him was taken and killed, and shall also submit to such further examination, on oath, concerning the taking and killing of such noxious animal or animals, as the Justice may require.

      Sec. 4.  If it shall appear to the Justice that the noxious animal or animals have been taken and killed within the county, he shall cut off the ears from the scalp and destroy the said ears, and give to the person so sworn a certificate stating the number of scalps deposited with and destroyed by him. The said Justice shall receive for each oath administered by him twenty-five cents, and for each certificate, twenty-five cents, the same to be allowed out of the General Fund of the county.

      Sec. 5.  Upon the presentation to the Board of Commissioners of the proper county of any such certificate they are hereby authorized and directed to allow the amount due, under the provisions of this Act, to the person therein named, out of the General Fund of such county.

authorized and directed to allow the amount due, under the provisions of this Act, to the person therein named, out of the General Fund of such county.

      Sec. 6.  This Act shall take effect and be in force from and after the first day of March, eighteen hundred and seventy-three.

Act to take effect.

Chap. CV.–An Act to provide for the payment of the expense of enrolling for the sixth session of the Legislature of the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The State Controller is hereby authorized and required to draw his warrant on the State Treasurer, payable out of any money in the General Fund not otherwise specially appropriated, for all expenses of enrolling done during and for the sixth session of the Nevada Legislature, after the same shall have been duly certified by the Secretary of State, and approved by the Board of Examiners; and the State Treasurer is hereby required to pay the same.

Controller to draw warrant for enrolling.

Chap. CVI.–An Act authorizing the canceling of old unpaid warrants.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  After the expiration of three years from the date of issuance by the State Controller, all warrants that have been or may hereafter be issued, if not presented to and paid by the Treasurer on or before the expiration of three years from the issuance thereof, whether outstanding or remaining in the office of the Controller uncalled for, shall become void; provided, however, that the person or persons in whose favor such warrant or warrants may have been drawn, shall be permitted to renew his, her, or their claim against the State to the amount of such warrant or warrants canceled, by the presentation of the same to any succeeding Legislature, to be acted upon in the same manner as deficiency claims.

      Sec. 2.  The State Controller is hereby authorized and directed to cancel and file as vouchers all such warrants as he may find remaining in his office uncalled for. He shall, at the time of canceling such warrants, make a note to that effect upon the margin of his warrant register,

Outstanding and unpaid warrants, when canceled.

Claims may be renewed.

Canceled warrants to be filed.

Note on register of warrants.

Controller to certify to State Treasurer, etc.

Treasurer to transfer Funds.

Renewed claims to be paid out of General Fund.

upon the margin of his warrant register, opposite where such warrant or warrants are registered; and warrants that are still outstanding, and which become void under this Act, he shall note the same upon the margin of his warrant register as above, giving the date such warrant or warrants become void. He shall, at the time that such warrants become void, certify the same to the State Treasurer, who shall thereupon make similar notes upon the margin of his warrant register, and he shall thereafter refuse to pay such warrants if presented.

      Sec. 3.  Whenever the Controller shall certify to the Treasurer, as directed in section two of this Act, he shall at the same time direct the Treasurer to transfer from the Fund or Funds upon which such warrant or warrants were drawn to the General Fund an amount equivalent to such warrant or warrants, as the case may be; and whenever said person or persons in favor of whom such warrant or warrants were drawn shall renew his, her, or their claim against the State, the same shall be paid out of the General Fund.

Preamble.

Appropriation by United States for boundary survey.

County seat of Esmeralda County.

Change of county seat.

Chap. CVII.–An Act to provide for the removal of the county seat of Esmeralda County.

[Approved March 7, 1873.]

      Whereas, An appropriation has been made by the Congress of the United States for the survey of the boundary line between the States of Nevada and California, and a contract for the survey of such line has been awarded by the honorable Commissioner of the United States General Land Office; and, whereas, such survey when completed by the contractor and approved by said Commissioner, will legally establish such boundary line between said States; and, whereas, the Town of Aurora (the present county seat of Esmeralda County), is situated near the line between said States, and may be determined by such survey to be in the State of California; therefore,

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

Assembly, do enact as follows:

      Section 1.  If the official Government survey of the boundary line between the States of Nevada and California (when completed and approved) shall be established so as to prove the Court House at Aurora to be in the State of California, then it shall be the duty of the County Commissioners of such county to select a suitable place, within such Esmeralda County, as a county seat, and to cause to be removed thereto all public records, and all movable personal property belonging to such county, except such property as such Commissioners may deem it for the interest of the county to sell. Within twenty days from the selection of such county seat, all officers of such county who are required by law to reside at the county seat shall remove their records to the place designated by the County Commissioners,

County Commissioners, at which place such Commissioners shall cause to be provided, at the expense of the county, all Court-rooms and offices necessary for the proper administration of the affairs of the county; and the place so selected by such Commissioners shall remain the county seat of such county until some other place shall be selected as a county seat, in accordance with law.

      Sec. 2.  If any vacancy shall exist in the Board of Commissioners of such county, at the time when such survey shall be legally established, the County Clerk of such county shall officially notify the Governor of such vacancy, who shall forthwith appoint some suitable person to fill such vacancy, and no order for the removal of said county seat shall be made until such vacancy shall have been filled.

Residence of county officers.

Vacancy in Board of County Commissioners.

Chap. CVIII.–An Act supplementary to an Act entitled “An Act to create certain Legislative Funds,” approved January fifteenth, eighteen hundred and seventy-three.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  All claims properly payable out of the Legislative Fund, of which this Act is supplementary, and which cannot be paid from said Fund on account of the exhaustion thereof, shall be registered upon and be paid out of the General Fund.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant upon said General Fund for such claims in the order of their presentation, and the State Treasurer is authorized and directed to pay the same in their proper order.

      Sec. 3.  The sum of four thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the claims mentioned in section first of this Act.

Certain legislative claims to be paid out of General Fund.

Controller of State to draw warrant.

Appropriation.

Chap. CIX.–An Act to provide for the government of the State Prison of the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The government of the State Prison of this State shall be under the control of the Board of State Prison Commissioners,

Government of State Prison.

Board of State Prison Commissioners, powers of.

Officers of Board.

Quorum.

Secretary to keep record.

Warden of State Prison, when selected.

Salary of Warden.

Board of Commissioners.

Warden, duties of.

Record.

Monthly report.

Commitments.

Mileage of Sheriffs.

Wardens, residence of

Monthly estimates.

Board to furnish supplies.

Commissioners, as named in section twenty-one of Article five of the Constitution of this State, who shall have full and exclusive control of, and over, all the State Prison grounds, buildings, prisoners, Prison labor, Prison property, and all other things belonging or appertaining to said Prison, and shall establish such rules, regulations, and by-laws, for the government and regulation thereof, as they may deem proper, and shall, from time to time, visit the Prison, examine into its affairs and government, and, from personal observation and conference with the officers, change, alter, or abolish the same, as, in their judgment, may be found necessary for the well-being thereof.

      Sec. 2.  The Governor shall be the President, and the Secretary of State Secretary of the Board; and any two thereof shall be a quorum, with full power to transact any business that may be required of such Board.

      Sec. 3.  It shall be the duty of the Secretary to keep or cause to be kept, a full and complete account, in a book, or books, to be kept for that purpose, of all the transactions and proceedings of the Board, wherein shall be recorded all rules, regulations, and by-laws for the government of the Prison.

      Sec. 4.  The State Prison Commissioners shall meet on the first Monday of April, A. D. eighteen hundred and seventy-three, for the purpose of selecting a Warden of the State Prison; and the person so selected shall be the chief executive officer of said Prison, subject at all times to the order and direction of said Board, who shall have power at any time to discharge and remove said Warden, whenever, in the judgment of said Board, it shall be deemed proper and for the interest of the State. The Warden so selected shall receive a salary not to exceed three thousand dollars per annum, and shall perform the duties hereinafter specified.

      Sec. 5.  The Board of Commissioners shall appoint all necessary help, and have the general superintendence of the business of the Prison and Prison labor, and shall direct the Warden thereof to keep, or cause to be kept, a book, wherein shall be recorded the name, age, sex, occupation, place of birth, where sent from, the crime charged, date of incarceration, and expiration of the term for which the prisoners therein confined were sentenced, and shall make out a correct monthly report of the same, and file such report with the Secretary of the Board; and shall securely and carefully file in his office all commitments of prisoners that may be sent to the State Prison, and keep, or cause to be kept, a correct account, and certify any mileage that may be due to any Sheriff or deputy for conveying prisoners to the State Prison.

      Sec. 6.  The Warden shall reside at the State Prison, and shall, within five days before the expiration of each month, make out a complete statement of the probable or estimated amount of clothing, provisions, medicines, and all other stores and necessaries, and character and quality of the same, and make a requisition upon the Commissioners; and they shall, as soon thereafter as possible, furnish, or cause to be furnished, the articles, provisions, or stores thus required, or so much thereof as they may deem necessary for the use of the Prison during the ensuing month;

during the ensuing month; provided, that no supplies shall be purchased or articles furnished the Prison at a greater price than the usual market rates for such articles; and, provided further, that nothing herein contained shall be so construed as to prevent the Commissioners from furnishing any necessary article, at any time, not enumerated in the monthly requisition of the Warden, or from purchasing or contracting for a greater than a monthly supply of any article used in said Prison, when deemed for the best interest of the State.

      Sec. 7.  All accounts for provisions, clothing, medicines, fuel, lights, or other supplies or stores furnished to the State Prison, as prescribed in the preceding section, shall be presented to the Warden, and if the articles therein enumerated shall have been received he shall so certify, and the account so certified shall be delivered to the Secretary of the Board, and if the account be correct and the articles therein named were purchased or ordered by the Board, they shall audit and allow the claim. All claims for salaries, repairs, buildings, or labor shall be certified to by the Warden, presented, allowed, and paid as other indebtedness against the State Prison.

      Sec. 8.  The Board of Commissioners may, whenever in their judgment it would be for the best interest of the State, advertise for sealed proposals for the furnishing of supplies to the State Prison. Notice of the time and place of the letting of each contract shall be given for at least two consecutive weeks, in some newspaper published within this State. Such notice shall state the character, quality, and quantity of the supplies required, and any person may bid for the furnishing of all or any part of the articles enumerated in the notice; provided, that no contract shall be for furnishing more than one year’s supplies, as estimated by the Warden.

      Sec. 9.  The Board of Commissioners may, in their discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the State Prison, and they shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in such manner as, in their opinion, will best subserve the interest of the State and welfare of the prisoners.

      Sec. 10.  If, at any time, the Board of Commissioners be of the opinion that it would be to the interest of the State to employ any portion of the prisoners without the walls or inclosures of the State Prison, either in improvement of the public grounds or buildings, or for hire upon any private works where they may be profitably employed, within a reasonable distance from the Prison, they shall in that case direct the Warden accordingly, in writing, and cause a record of such order to be entered at length on the records of the Board.

      Sec. 11.  The Warden and officers of the Prison shall incur no forfeiture for the escape of any convict employed without the walls or inclosures of the Prison by order of the Commissioners, or going to or returning from such employment, unless such escape should arise from neglect or violation of law, or the rules, regulations, or by-laws of the Commissioners.

Proviso.

Proviso.

Accounts to be certified by Warden

Salaries, etc., to be certified by Warden.

Sealed proposals for furnishing supplies

Notice.

Proviso.

Labor of convicts.

Employment of prisoners away from prison, power of Board over.

Escape of convict when employed away from prison.

Prison extended over places of labor.

Moneys received for prison labor or material to be paid into Prison Fund.

Secretary to report to Controller.

Action for moneys due for prison labor or material.

Inspection of books and papers.

Divine service at prison.

Proviso.

Bibles, etc., to be furnished.

To receive United States criminals.

Expense of United States criminals.

Rules and regulations of prison.

such escape should arise from neglect or violation of law, or the rules, regulations, or by-laws of the Commissioners.

      Sec. 12.  The State Prison is hereby declared to extend to and over any place or places of employment of the convicts without the walls or inclosures of the Prison, at which convicts may be employed, as provided in section nine of this Act.

      Sec. 13.  All sums that are now or may hereafter become due to the State for any manufactured article sold, or for labor performed, either within or without the Prison walls or inclosures, shall be certified to under oath by the Warden to the Board of Commissioners, who shall receive and receipt for the same; and all moneys thus received shall be paid into the State Treasury, and the Treasurer shall place the same to the credit of the State Prison Fund, and the Secretary of said Board shall make a report thereof to the Controller, at least once in each quarter.

      Sec. 14.  The Board of Commissioners, or either of them, are hereby authorized to commence and maintain an action in their or his own name, for the collection of an debt due, or that may become due, from any person or persons, for any manufactured article sold, labor performed by convicts, for the enforcement of any contracts made by the Commissioners, or damages for the non-fulfillment of any contract; such suits to be commenced and maintained as provided by law in other cases.

      Sec. 15.  All books and papers kept by or under the direction of the Secretary of the Board and the Warden of the State Prison, shall, at all times, on all legal days, be open to the inspection of the Commissioners, all State officers, members of the Legislature, and the Sheriffs of the several counties of this State; and shall, at the expiration of their term of office, be delivered over to their successors.

      Sec. 16.  It shall be the duty of the Commissioners to provide for the holding of divine service in the State Prison on each Sabbath day, and for that purpose may secure the services of one or more ministers of the Gospel; provided, the expense thus incurred shall not exceed the sum of five hundred and twenty dollars per annum. They shall also furnish each convict with a copy of the Bible, and such other books and papers as may be deemed for the well-being of the prisoners.

      Sec. 17.  The Commissioners and the Warden of the State Prison are hereby required to receive all criminals sentenced to the State Prison by the authorities of the United States, and to keep them at hard labor or in solitary confinement, agreeably to the order of the Court pronouncing such sentence, until legally discharged therefrom; and the Warden shall certify to the Board the expense of keeping all convicts thus sentenced, and said Board shall certify the same to the State Controller.

      Sec. 18.  The Board of Commissioners shall, from time to time, cause to be placed in some conspicuous place or places about the Prison, so much of the laws of the State, and the rules, regulations, and by-laws of the State Prison, as relates to the intercourse between visitors to the Prison and the prisoners therein confined.

      Sec. 19.  Any person who shall violate any of the rules, regulations, or by-laws of the Prison, as adopted and published by the State Prison Commissioners,

by the State Prison Commissioners, shall be subject to such penalties as may be prescribed by the Commissioners, and proceeded against in such manner as may be prescribed by law and the rules of said Commissioners; provided, that no barbarous punishments, by whipping, showering, or otherwise, shall be prescribed by such Board of Commissioners; nor shall convicts, as punishment, be deprived of regular rations of food, and at the same time compelled to work the usual number of hours per day.

      Sec. 20.  The Board of Commissioners are hereby authorized and required to grant to any convict confined in the State Prison, who shall well behave himself, and who shall perform regular labor during good health, either within or without the State Prison inclosures, a credit of five days for each month of such regular work and good behavior; such credit to be computed in favor of any such convict as a commutation of sentence, and to be deducted from the entire term of penal servitude to which such convict shall have been sentenced; provided, that said rule of commutation shall be so applied that the five days of credit thus earned or allowed shall be forfeited by any refusal to labor, breach of the Prison rules, or other misconduct, as may be hereafter prescribed by the Commissioners, during the month next succeeding that in which such credit may have been allowed.

      Sec. 21.  The Board of Commissioners shall make such regulations as may be necessary to comply with the provisions of the preceding section of this Act, and shall establish a scale or rate of debits and credits for meritorious conduct or misconduct, which shall accompany the rules of the Prison; and the Warden shall keep, or cause to be kept, a book, in which shall be entered up at the end of each month the result of credits or debits, to which each convict may be entitled, and report the same to the Governor for the use and benefit of the pardoning Board; and said Board shall take into consideration all debits and credits thus furnished, while considering upon application for pardons.

      Sec. 22.  The Warden shall, before entering upon the discharge of his duties as such officer, execute a bond in such sum as the Board of Commissioners shall designate; and said Board shall have the right at any time to require of such Warden a new or additional bond for the faithful discharge of his duties, which bond shall be given to the State of Nevada, approved by the Board of Commissioners, and filed with the Secretary of State.

      Sec. 23.  An Act entitled “An Act to provide for the government of the State Prison of the State of Nevada,” approved March fourth, eighteen hundred and sixty-five, and an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the government of the State Prison of the State of Nevada,’ approved March fourth, eighteen hundred and sixty-five,” approved March thirteenth, eighteen hundred and sixty-seven, and all Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed; provided, nothing in this Act contained shall be so construed as to in any manner interfere with, or deprive the present ex officio Warden of the compensation as named in section twenty-five of the Act hereby repealed, during the term for which he has been elected Lieutenant Governor of this State.

Penalties for violation of rules

Cruel and unusual punishments prohibited.

Commutation of sentence upon good behavior.

Forfeiture of commutation.

Board to make rules and regulations.

Debits and credits for conduct to be reported to Governor

Wardens to give bond.

Acts repealed.

Compensation of present Warden.

Appropriation for salary of Lieutenant Governor, etc.

Controller to draw warrant.

Act to take effect.

the present ex officio Warden of the compensation as named in section twenty-five of the Act hereby repealed, during the term for which he has been elected Lieutenant Governor of this State. And the sum of eight thousand ($8,000) dollars is hereby appropriated out of any money coming into the General Fund, not otherwise appropriated, for the payment of the salary of the Lieutenant Governor, for house rent, furniture, and the necessary provisions for his table; and the Controller is hereby authorized and directed to draw his warrant in favor of the said Lieutenant Governor for the said amount at the same time and in the same manner as warrants are drawn in favor of all other State officers, and the State Treasurer is hereby directed to pay the same.

      Sec. 24.  This Act shall take effect from and after its passage.

Lotteries defined.

Drawing of lottery a misdemeanor.

Selling, etc., of lottery ticket a misdemeanor.

Assisting in drawing lottery, etc., a misdemeanor.

Advertising and keeping of lottery office a misdemeanor.

Chap. CX.–An Act to prohibit lotteries.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  A lottery is any scheme for the disposal or distribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known.

      Sec. 2.  Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.

      Sec. 3.  Every person who sells, gives, or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate or instrument purporting or understand to be or to represent any ticket, chance, share, or interest in or depending upon the event of any lottery, is guilty of a misdemeanor.

      Sec. 4.  Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise, in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor.

      Sec. 5.  Every person who opens, sets up, or keeps by himself or by any other person, any office or other place for the sale of or for registering the number of any ticket in any lottery, or who by printing, writing, or otherwise advertises or publishes the setting up, opening, or using any such office, is guilty of a misdemeanor.

      Sec. 6.  Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this State or not,

this State or not, or who receives any valuable consideration upon any agreement to repay any sum or deliver the same, or any other property; if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action or property, or to forbear to do anything for the benefit of any person, with our without consideration, upon any event or contingency dependent upon the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor.

      Sec. 7.  All moneys and property offered for sale or distribution in violation of any of the provisions of this Act are forfeited to the State, and may be recovered by information filed or by an action brought by the Attorney General, or by any District Attorney, in the name of the State. Upon the filing of the information or complaint, the Clerk of the Court, or if the suit be in a Justice’s Court, the Justice must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner as attachments from the District Courts in civil cases.

      Sec. 8.  Every person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor.

      Sec. 9.  Every offense declared to be a misdemeanor by this Act shall be punishable by a fine in any sum not exceeding five hundred dollars, or by imprisonment in the County Jail for any term not exceeding six months, or by both such fine and imprisonment.

      Sec. 10.  This Act shall take effect and be in force from and after the first day of January, one thousand eight hundred and seventy-four.

Dealer in lottery policies or insurances guilty of misdemeanor.

Lottery moneys and property forfeited to State.

Action for forfeiture.

Letting of building, etc., for lottery purposes, a misdemeanor.

Misdemeanor, how punished.

Act to take effect.

Chap. CXI.–An Act providing for the location and taxation of borax and soda mines and claims.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The ownership of, or claim to, or possession of, or right of possession to, any lands in this State, containing and held for the purpose of obtaining borax or soda, shall be assessed, annually, for taxation, for State and county purposes, at not exceeding five dollars per acre. The annual payment of said taxes, and the compliance with the provisions of an Act entitled “An Act to provide for the location of lands containing salt,

Assessment and taxation of borax and soda lands.

Title.

Tax on net proceeds.

Acts made applicable.

Collection of tax on net proceeds of borax and soda lands.

Controller to prepare instructions, etc.

ing salt,” approved February twenty-fourth, eighteen hundred and sixty-five, shall be held as a recognition on the part of the State of the validity of said ownership of, or claim to, or possession of, or right of possession to, said lands; provided, that where borax and soda mines and claims are being worked for borate of soda, borate of lime, boracic acid, or carbonate of soda, then the net proceeds thereof shall be taxed. In the event that the tax on such net proceeds shall equal or exceed in amount what would be derived from said mines or claims, taxing them at five dollars per acre, as aforesaid; and when the net proceeds are taxed, the ownership of, claim to, possession of, or right of possession to, the said lands, shall not be taxed.

      Sec. 2.  Sections two, three, four, five, six, seven, eight, nine, and ten of an Act entitled “An Act providing for the taxation of the net proceeds of mines,” approved February twenty-eighth, eighteen hundred and seventy-one, shall be and are hereby made applicable as to time and manner of assessing and collecting the revenue derived from the net proceeds of borax and soda mines and claims.

      Sec. 3.  The officers whose duty it is to enforce the provisions of “An Act providing for the taxation of the net proceeds of mines” (referred to in section two of this Act), shall enforce the provisions of this Act, so far as it relates to the taxation of the net proceeds of borax and soda mines and claims, and shall receive the same compensation as provided in said Act.

      Sec. 4.  The State Controller is hereby authorized and directed to prepare and furnish the necessary blanks and instructions to carry this Act into effect.

Preamble.

Defalcation of County Treasurer.

Chap. CXII.–An Act for the relief of White Pine County.

[Approved March 7, 1873.]

      Whereas, Lewis Cook, formerly County Treasurer of the County of White Pine, became a defaulter in his said office, prior to the thirty-first day of December, A. D. eighteen hundred and seventy, and thereafter an action was commenced in the District Court of the Eighth Judicial District, against the said defaulting Treasurer, and the sureties on his official bond, to recover the moneys in which he had made default, and remaining unpaid to the State and county; and, in consequence of the insolvency of a large number of said sureties, it was deemed expedient to compromise and settle said action, by accepting from said sureties a part of the sums of moneys in which said Treasurer had made default, being less than the moneys to which said county was entitled for its proportion from the said Treasurer, and the said action was thereupon in said District Court fully settled, and compromised, and dismissed, as to the sureties who paid said moneys; therefore,

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

Assembly, do enact as follows:

      Section 1.  The moneys paid over to County Treasurer of the County of White Pine, or deposited with him, received from the sureties of Lewis Cook, defaulting Treasurer of said county, are hereby directed and required to be carried into the several Funds of the said county, to be held and accounted for as other moneys arising from taxes on real and personal property within said county, and the State does hereby release all claims to said moneys and every part thereof.

Moneys collected from the sureties of Lewis Cook, defauling County Treasurer, to be paid into the proper Funds.

Claim of State thereto released.

Chap. CXIII.–An Act to define and establish the boundary line between Humboldt and Lander Counties.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The boundary line between Humboldt and Lander Counties is hereby defined and established as follows, to wit: Beginning at the northwest corner of Lander County and running due south on the present line between Humboldt and Lander Counties, to a point due west of Battle Mountain Station; thence due west twelve miles; thence in a direct line to the present northeast corner of Churchill County.

Boundary line between Humboldt and Lander Counties established

Chap. CXIV.–An Act concerning Vagrants and Vagrancy.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  Every person (except Indians) without visible means of living, who has the physical ability to work, and who does not, for the space of ten days, make proper inquiry for, and use due diligence, to seek employment, nor labor, when employment is offered him; every healthy beggar who solicits alms as a business; every person who roams about from place to place, without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every person who frequents gambling rooms, not being employed therein as an attache, “check guerrilla,” i.

Vagrants, who are.

Punishment.

Convicted vagrant required to labor on public works.

Act to take effect.

frequents gambling rooms, not being employed therein as an attache, “check guerrilla,” i. e., one who frequents gambling rooms, and solicits money, or the checks used therein to represent money, from the proprietors, bystanders, or betters, and who has no other means of living other than the money obtained thereby; every lewd and dissolute male person who lives in and about houses of ill-fame; and every common drunkard, is a vagrant, and punishable by imprisonment in the County Jail not exceeding ninety days.

      Sec. 2.  Every person convicted under the preceding section may be required, by special or general order of the Board of County Commissioners, to perform labor on the public works or ways in the county. Where a conviction is had under the provisions of this Act the District Attorney shall be entitled to a fee of ten dollars.

      Sec. 3.  This Act shall take effect and be in force on and after its passage.

Allotment of Senators, how and when made

Allotment, how made.

Term of Senators of first class.

Term of Senators of second class.

Chap. CXV.–An Act to provide for the allotment of Senators of the State of Nevada.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Senate shall, in the case of any county in this State which shall, by law, be entitled to two Senators, where such county shall have been created and organized since the adoption of the Constitution of the State of Nevada, at such time as the Senate shall, by resolution, direct, proceed to divide the Senators by lot into two classes; provided, that this Act shall not apply to any county, the representation of which, in the Senate, shall have been, by an Act of the Legislature, divided into terms of two and four years.

      Sec. 2.  Such allotment shall be as follows: Two tickets, not distinguishable from each other, by reason of any difference in size, form, or color, shall be prepared and placed in a box, upon one of which tickets shall be written the words “First class,” and upon the other the words “Second class.” The roll of Senators from such counties shall be called in alphabetical order; and the President of the Senate shall appoint a Page, to be blindfolded, who shall draw from a box, to be prepared for that purpose, one of the tickets, as each member’s name is called; and the words upon the ticket so drawn shall designate the class to which each Senator shall belong. The seats of the Senators of the first class shall be vacated on the day succeeding the general election, four years after such Senator shall have been elected; and the seats of the Senators of the second class shall be vacated on the day succeeding the general election, two years after such Senator shall have been elected.

Chap. CXVI.–An Act to amend section twelve 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.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

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

      Section Twelve.  The County Auditors of the several counties of this State shall, on the first Monday of each month, transmit a statement to the Controller of State of all State moneys in the respective County Treasuries, and from what source derived, and the Treasurers of the respective counties shall at all times hold themselves in readiness to settle and pay all moneys in their hands belonging to the State, whenever required so to do by an order signed by the State Controller and State Treasurer; and the Controller and Treasurer are hereby authorized to draw such order whenever they deem it proper. At the time the County Treasurer of any county shall pay over to the State Treasurer moneys required to be paid by the order of the Treasurer and Controller, it shall be the duty of such County Treasurer to deliver to the Controller a statement showing the amount so paid. The County Treasurer shall, on the second Mondays of June and December of each year, settle in full with the Controller of State, and send, in such manner as he shall designate, to the Treasurer of State, all funds which shall have come into their hands as County Treasurers for the use of and benefit of the State, taking therefor a receipt from the Treasurer of State, which receipt he shall cause to be filed with the Controller. Before making payment, each County Treasurer shall transmit to the Controller of State, by mail or otherwise, a report from the County Auditor, together with a duplicate thereof, stating specially the total amount collected and the amount due the State from each particular source of revenue, the original of which shall be filed with the Controller of State, who shall enter upon the same, and also upon the duplicate, the cash paid the Treasurer of State and the amount of expenses allowed. The County Treasurer shall thereafter file the duplicate report with the County Auditor of his county, whereupon the Auditor shall balance the Treasurer’s account; and it shall be the duty of the Auditor to furnish the County Treasurer with the report which such Treasurer is required to produce in making his settlement with the State.

County Auditors to transmit statement to Controller.

County Treasurers to pay over State moneys on order, etc.

County Treasurer’s statement to Controller, semi-annual settlement, etc.

Report of County Auditor transmitted to State Controller by County Treasurer.

Controller to file report.

Auditor to file duplicate.

Appropriation to publish Vols. VIII and IX of Supreme Court Reports.

Reports to be retained by Secretary of State, distributed and sold.

Proceeds to go into State Library Fund.

Commissioner’s report.

Chap. CXVII.–An Act to appropriate funds for the preparation and publication of the eighth and ninth volumes of the Nevada Reports.

[Approved March 7, 1873.]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated the sum of forty-five hundred dollars, in gold coin, out of any moneys in the State Treasury not otherwise specifically appropriated, for the preparation and publication of one thousand copies of the eighth volume of the Nevada Reports; and, also, a like sum is hereby appropriated as aforesaid for the preparation and publication of one thousand copies of the ninth volume of said Reports; and on presentation of the proper evidence of acceptance of either volume of said Nevada Reports by the Judges of the Supreme Court, or a majority of them, the Controller of State shall draw his warrant on the Treasurer in favor of the Commissioner for said sum of forty-five hundred dollars for each of said volumes.

      Sec. 2.  The Secretary of State shall retain two hundred copies of each volume of the Nevada Reports hereafter published, for the use of the State Library and Legislature, while in session; and after distribution as now required by law any surplus remaining in his possession shall be sold by him, at a price not exceeding five dollars per volume, and the money received from such sales shall be paid into the State Library Fund, without delay, after making such sales.

      Sec. 3.  The Commissioner shall annually file with the Board of Examiners a statement of his disbursements and expenditures in the preparation and publication of said Reports.

Board of Directors to control the administration of State Orphans’ Home created, etc.

Chap. CXVIII.–An Act to amend an Act entitled “An Act for the government and maintenance of the State Orphans’ Home,” approved March first, eighteen hundred and seventy-three.

[Approved March 8, 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 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 Vice President. They shall be known by the name and style of the Directors of the State Orphans’ Home.

Chap. CXIX.–An Act defining the rights of Husband and Wife.

[Approved March 10, 1873.]

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

Assembly, do enact as follows:

      Section 1.  All property of the wife, owned by her before marriage, and that acquired by her afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is her separate property; and all property of the husband, owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property.

      Sec. 2.  All other property acquired, after marriage, by either husband or wife, or both, except as provided in sections fourteen and fifteen in this Act, is community property.

      Sec. 3.  A full and complete inventory of the separate property of the wife, exclusive of money in specie, must be made out and signed by her, acknowledged or proved in the manner required for the acknowledgment or proof of a conveyance of real property by an unmarried woman, and shall be recorded, if she be a resident of this State, in the office of the Recorder of the county in which she resides; and if there be included in such inventory any real estate lying in any other county, also in the office of the Recorder of such other county, or if she be not a resident of this State, then in the office of the Recorder of each county wherein any portion of the property, real or personal, is situated, located, or used; and from time to time thereafter, a further and supplemental inventory shall be made out, signed, acknowledged, or proved and recorded in like manner, of all other separate property afterwards acquired by the wife, excepting money whilst in specie and unconverted, and the rents, issues, and profits of her separate property, included in the original or any subsequent inventory, if the same be money, so long as it shall remain in specie and unconverted.

      Sec. 4.  When the wife is a resident of this State, the filing for record of the inventory of her separate property in the office of the Recorder of the county in which she resides is notice of her title to the same, except as to any real estate situate in another county; and as to such real estate, the filing for record of the inventory thereof, in the office of the Recorder of the county wherein the same is situate, is notice of her title thereto. When the wife is not a resident of this State, the filing for record of the inventory of her separate property in the office of the Recorder of the county wherein any portion of such property, real or personal, included in the inventory is situate, located, or used, is notice of her title as to all such property situate, located, or used in such county.

      Sec. 5.  When the wife is a resident of this State, the failure to file for record an inventory of her separate property in the office of the Recorder of the county in which she resides, or the omission from the inventory,

Separate property of wife.

Separate property of husband.

Community property.

Inventory of separate property of wife to be recorded.

Supplemental inventory.

Filing of inventory for record to be notice

Failure to file inventory, effect of.

Same.

Husband to control community property.

No estate in dower or by courtesy.

Tenants in common.

Wife to control her separate property.

Upon death of wife the community property to go to husband, except when wife abandoned by husband

Community property, upon death of husband, how disposed of.

the omission from the inventory, filed for record in such office, of any part of such property, except as to real estate situate in another county, is prima facie evidence, as between the wife and purchasers in good faith and for a valuable consideration from the husband, that the property of which no inventory has been so filed, or which has been omitted from the inventory, is not the separate property of the wife; and as to any real estate situate in another county, the failure to file for record an inventory thereof in the office of the Recorder of the county wherein the same is situate, or the omission from the inventory filed for record in such office, of any part of such real estate, is prima facie evidence, as between the wife and such purchasers as aforesaid, that such real estate of which no inventory has been so filed, or which has been omitted from the inventory, is not her separate property. When the wife is not a resident of this State, the failure to file for record an inventory of her separate property in the office of the Recorder of the county wherein any portion of such property is situate, located, or used, or the omission from the inventory filed in such office, of any part of such property, is, as to all such property situate, located, or used in that county, of which no inventory has been so filed, or which has been omitted from the inventory, prima facie evidence, as between the wife and such purchasers as aforesaid, that the same is not her separate property.

      Sec. 6.  The husband has the entire management and control of the community property, with the like absolute power of disposition thereof, except as hereinafter provided, as of his own separate estate.

      Sec. 7.  No estate is allowed the husband as tenant by courtesy, upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.

      Sec. 8.  A husband or wife may hold real or personal property as joint tenants, tenants in common, or as community property.

      Sec. 9.  The wife may, without the consent of her husband, convey, charge, incumber, or otherwise in any manner dispose of her separate property.

      Sec. 10.  Upon the death of the wife the entire community property belongs, without administration, to the surviving husband, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, goes to her other heirs at law, exclusive of her husband.

      Sec. 11.  Upon the death of the husband, one half of the community property goes to the surviving wife and the other half is subject to the testamentary disposition of the husband; and in the absence of such disposition, goes to his descendants equally,

equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, is subject to distribution in the same manner as the separate property of the husband. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and the charges and expenses of administration.

      Sec. 12.  In case of the dissolution of the marriage by decree of any Court of competent jurisdiction, the community property must be equally divided between the parties, and the Court granting the decree must make such order for the division of the community property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require; provided, that when the decree of divorce is rendered on the ground of adultery or extreme cruelty, the party found guilty thereof is only entitled to such portion of the community property as the Court granting the decree may in its discretion, from the facts in the case, deem just and allow; and such allowance shall be subject to revision on appeal in all respects, including the exercise of discretion, by the Court below.

      Sec. 13.  The earnings of the wife are not liable for the debts of the husband.

      Sec. 14.  The earnings and accumulations of the wife and of her minor children, living with her, or in her custody, while she is living separate from her husband, are the separate property of the wife.

      Sec. 15.  When the husband has allowed the wife to appropriate to her own use her earnings, the same, with the issues and profits thereof, is deemed a gift from him to her, and is, with such issues and profits, her separate property.

      Sec. 16.  The separate property of the husband is not liable for the debts of the wife, contracted before the marriage.

      Sec. 17.  The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage.

      Sec. 18.  Except as mentioned in the next section, neither husband nor wife has any interest in the property of the other.

      Sec. 19.  Either husband or wife may enter into any contract, engagement, or transaction with the other, or with any other person respecting property, which either might enter into if unmarried, subject in any contract, engagement, or transaction between themselves, to the general rules which control the actions of persons occupying relations of confidence and trust towards each other.

      Sec. 20.  A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation.

      Sec. 21.  The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.

Common property subject to debts, etc.

Division of property in case of divorce.

Proviso.

Earnings of wife.

Earnings of wife and minor children, etc.

Earnings of wife, when separate property.

Debts of wife.

Debts of husband.

Separate property.

Contract between husband, and wife, etc.

Contract of separation.

Consideration of.

Husband bound for necessaries furnished wife, when.

Husband not liable, when.

Support of husband by wife, when required.

Wife to sue and be sued

Property rights independent.

Marriage contracts.

Marriage contracts to be recorded

Recorded marriage contract to be notice.

Contract not valid, when.

Marriage contract of minor.

Acknowledgement of married woman necessary.

Power of attorney.

Acknowledgement.

Acts repealed.

      Sec. 22.  If the husband neglects to make adequate provision for the support of his wife, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband.

      Sec. 23.  A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified by his misconduct in abandoning him.

      Sec. 24.  The wife must support the husband out of her separate property when he has no separate property, and they have no community property, and he from infirmity is not able or competent to support himself.

      Sec. 25.  When the wife is living separate and apart from her husband she may sue and be sued alone.

      Sec. 26.  The property rights of husband and wife are governed by this Act, unless there is a marriage contract or settlement containing stipulations contrary thereto.

      Sec. 27.  All marriage contracts or settlements must be in writing, and executed and acknowledged or proved in like manner as a conveyance of land is required to be executed and acknowledged or proved.

      Sec. 28.  When such marriage contract or settlement is acknowledged or proved it must be recorded in the office of the Recorder of every county in which any real estate may be situated which is conveyed or affected by such contract.

      Sec. 29.  When such marriage contract or settlement is deposited in the Recorder’s office for record it shall, as to all property affected thereby in the county where the same is deposited, impart full notice to all persons of the contents thereof.

      Sec. 30.  No such marriage contract or settlement shall be valid as to any real estate, or affect the same, except as between the parties thereto, until it shall be deposited for record with the Recorder of the county in which such real estate is situate.

      Sec. 31.  A minor, capable of contracting marriage, may make a valid marriage contract or settlement.

      Sec. 32.  No estate in the real property a married woman possesses is affected by any conveyance or other instrument, except a will purporting to be executed or acknowledged by her, unless the same be acknowledged by her in the manner that conveyances by married women are required to be acknowledged.

      Sec. 33.  A power of attorney of a married woman, authorizing the execution of an instrument conveying or affecting her real property, shall be acknowledged as above mentioned.

      Sec. 34.  A conveyance or other instrument affecting or relating to real estate, except a will made by a married woman, has no validity until acknowledged as above provided; but when so acknowledged has the same effect as if she were unmarried.

      Sec. 35.  An Act entitled “An Act defining the rights of husband and wife,” approved March seventh, eighteen hundred and sixty-five, and all other Acts, and parts of Acts, in conflict with this Act, are hereby repealed; provided, that no rights already vested, or any proceeding already taken, shall be affected by anything in this Act contained.

Chap. CXX.–An Act to define the duties of the Lieutenant Governor, and to fix his compensation therefor.

[Approved March 12, 1873.]

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

Assembly, do enact as follows:

      Section 1.  The Lieutenant Governor shall be ex officio Adjutant General and State Librarian, and he shall perform all duties required by law in connection with the offices of Adjutant General and State Librarian. His compensation for such service shall be thirty-six hundred dollars per annum, payable quarterly in the same manner as is provided for the payment of the salaries of other State officers.

      Sec. 2.  Section six of an Act entitled “An Act to provide for the government of the State Prison of the State of Nevada,” approved March fourth, eighteen hundred and sixty-five, is hereby repealed.

      Sec. 3.  This Act shall take effect and be in force from and after the first day of January, A. D. eighteen hundred and seventy-five.

Lieutenant Governor ex officio Adjutant General and State Librarian.

Repealed.

Act to take effect.

Chap. CXXI.–An Act relating to Elections.

[Approved March 12, 1873.]

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

Assembly, do enact as follows:

      Section 1.  A general election shall be held in the several election precincts in this State, on the Tuesday next after the first Monday of November, one thousand eight hundred and seventy-four, and every two years thereafter, at which there shall be chosen all such officers as are by law to be elected in such year, unless otherwise provided for.

      Sec. 2.  It shall be the duty of the Board of County Commissioners to set off and establish election precincts or districts when it may be necessary, upon a petition of ten or more qualified electors of the county; provided, they be located eight miles or more from any polling place or precinct; at their first regular meeting in October, preceding each general election, at least twenty days before any general election, and fifteen days before any special election, to appoint three capable and discreet persons possessing the qualifications of electors, who shall not be of the same political party, to act as Inspectors of the Election at each election precinct. And the Clerk of said Board of County Commissioners shall make out and deliver to the Sheriff of the county, immediately after the appointment of said Inspectors, a notice thereof, in writing, directed to the Inspectors so appointed; and it shall be the duty of the said Sheriff, within ten days after the receipt of said notices, to serve the same upon each of said Inspectors of Election.

General election, when to be held.

County Commissioners to establish precincts and appoint Inspectors.

Poll books to be furnished.

Notices of election.

Form of.

Sheriff required to post notices.

Published.

Inspectors to notify Board of unwillingness to serve.

Failure to notify.

Penalty.

Inspectors to appoint Clerks, etc.

ten days after the receipt of said notices, to serve the same upon each of said Inspectors of Election.

      Sec. 3.  It shall be the duty of the Board of County Commissioners to cause their clerks to furnish the Sheriff with poll books, who shall deliver the same to one of the Inspectors of every election precinct in the county, at the time of serving the notice on said Inspectors, at least one day before the time of holding any election.

      Sec. 4.  The several Boards of County Commissioners shall cause their clerks, at least twenty days before any general election, and at least fifteen days before any special election, to make out and deliver to the Sheriff of their county, or to the Justice of the Peace of any county attached for judicial purposes, three written notices for each election precinct, to be, as nearly as circumstances will admit, as follows:

      Notice is hereby given that on the first Tuesday, the _____ day of _____ next, at the house of _____ (in city, town, district, or precinct), of _____ , in the County of _____, an election will be held for State, county, district, town, or township officers (naming the offices to be filled, as the case may be), which election shall be opened not later than eight o’clock a. m. and shall continue until six o’clock p. m. of the same day.

      Dated this _____ day of _____, A. D. _____.

      (Signed): A. B., Clerk of the Board of County Commissioners.

      Sec. 5.  The Sheriff aforesaid, to whom such notices shall be delivered, shall put up in three of the most public places of each precinct the notices referring to such precincts, at least fifteen days previous to the time of holding any general election and at least eight days previous to the time of holding any special election; one of said notices to be posted at the house where the election is authorized to be held, and the others at two of the most public and suitable places in the precinct, and, also, have the same published in the several newspapers in their respective counties.

      Sec. 6.  If in any precinct any of such Inspectors are unwilling to serve as Inspectors, they shall notify the Board of County Commissioners thereof, within five days after the receipt of the notice of their appointment, who shall immediately appoint some suitable person to fill the vacancy and to serve at such election. A failure to notify the board of County Commissioners of an unwillingness to serve as an Inspector, as herein provided, shall subject the person to a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered by said Board of County Commissioners, for the use of the county, before any Justice of the Peace of such county. If, through any accident, sickness, or inability, on the day of election, of such Inspectors, or any one thereof, to serve, the Inspector or Inspectors present on the morning of the election may appoint some suitable person to fill the vacancy.

      Sec. 7.  The said Inspectors shall choose two persons having similar qualifications with themselves to act as Clerks of the Election. The said Inspectors shall be and continue Inspectors of all elections of civil officers to be held at their respective precincts, until other Inspectors shall be appointed as hereinbefore directed; and the said Clerks of Election may continue to act as such during the pleasure of the Inspectors of Election.

precincts, until other Inspectors shall be appointed as hereinbefore directed; and the said Clerks of Election may continue to act as such during the pleasure of the Inspectors of Election.

      Sec. 8.  Previous to votes being taken, the Inspectors and Clerks of Election shall, severally, take the prescribed official oath, and in addition thereto an oath or affirmation in the following form, to wit: I, A. B., do solemnly swear (or affirm, as the case may be,) that I will perform the duties of Inspector (or Clerk, as the case may be,) of the election to be held this day, according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in any manner, in conducting the same. So help me God; (or if an affirmation, under the pains and penalties of perjury).

      Sec. 9.  In case there shall be no Judge or Justice of the Peace present at the opening of the election, or in case such Judge or Justice shall be appointed Inspector or Clerk of the Election, they are hereby empowered to administer the oath or affirmation to each other, and to the Clerks of the Election, and the person administering the oath or affirmation shall cause an entry thereof to be made and subscribed by him in the poll books.

      Sec. 10.  At all elections to be held under this Act, the polls shall be opened at the hour of eight o’clock in the forenoon, and continue open until six o’clock in the afternoon of the same day, at which time the polls shall be closed; and, upon opening the polls, one of the Clerks, under the direction of the Inspectors, shall make proclamation of the same; and thirty minutes before closing of the polls, proclamation shall be made in like manner, that the polls will be closed in half an hour; but the Board may, in their discretion, adjourn the polls for one hour at any time they may think proper during the day, before four o’clock in the afternoon, proclamation of the same being made.

      Sec. 11.  There shall be provided and kept by the County Commissioners of each county, at the expense of the county, a suitable ballot box, with a lock and key, and furnish the same to the Inspectors of each election precinct or district within their county.

      Sec. 12.  There shall be an opening through the lid of each box of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot box shall be carefully examined by the Inspectors of Election, that nothing may remain therein; it shall then be locked and the key thereof delivered to one of the Inspectors, to be designated by the majority thereof, and shall not be opened during the election except in the manner and for the purposes hereinafter mentioned.

      Sec. 13.  Every elector shall, in full view, deliver to one of the Inspectors of the Election a single ballot or piece of paper, on which shall be written or printed the names of the persons voted for, with a pertinent designation of the offices to which each person so named is intended by him to be chosen. Said ballot may be open or folded, as the voter may choose, and the said ballot shall, in color, size, form, and texture, conform to the requirements set forth in the proclamation of the County Commissioners of each county; and further, that said ballot or ticket shall be free from marks, characters, or device or thing that would enable any person to distinguish by the back, or when folded, from any other legal ticket or ballot.

Inspectors and Clerks to take oath.

Form.

Inspectors empowered to administer oath.

Opening and closing polls.

Ballot box.

Same.

Ballots.

Manner of voting.

Copy of register.

Proviso.

Poll lists to correspond.

Poll books, etc.

Inspectors to keep ballot box and key separate.

missioners of each county; and further, that said ballot or ticket shall be free from marks, characters, or device or thing that would enable any person to distinguish by the back, or when folded, from any other legal ticket or ballot.

      Sec. 14.  It shall be the duty of the Board of County Commissioners, at the time of issuing their election proclamation, as provided in section four of this Act, which shall be a part of the said proclamation, to designate fully the color, size, form, and texture of all ballots to be used at the ensuing election. Said ballot shall be of sufficient width to allow names to be written thereon. It shall be the duty of the Inspectors of Election at each poll, at every election, to have before them a certified copy of the register of voters of the precinct or district for which they are the Inspectors provided by law; and the Inspector to whom any ticket may be delivered shall, upon receipt thereof, pronounce with an audible voice the name of the person offering to vote, and another one of the Inspectors shall examine the certified copy of the register; and if the name of the person is found thereon, his ticket shall immediately be put in the ballot box without being inspected, if it be a folded ballot. The name of the elector shall then be checked on the certified copy of the register, and the Clerks of Election shall enter his name and number in the poll book. No person shall be permitted to vote whose name is not on the register, and who shall refuse to comply with the requirements of section thirteen of this Act. Said register shall be to said Inspectors of Election conclusive evidence of the right of the person to vote whose name appears upon the same; provided, that said Inspectors of Election may require any person to give true answers, under oath or affirmation, to all such questions as they may desire to ask touching the identity of the person with the name in or under which he may wish to vote; provided, that in all cases said ballots shall be printed on a good quality of white book paper.

      Sec. 15.  At each adjournment of the polls, the Clerks shall, in the presence of the Inspectors, compare their respective poll lists, compute and set down the number of votes, and correct all mistakes that may be discovered, according to the decision of a majority of the Inspectors, until such poll lists shall be made in all respects to correspond.

      Sec. 16.  The ballot box shall then be opened and the poll books placed therein; and such box shall then be locked, and a covering, which shall be indorsed by one of the Inspectors, sealed or pasted over the opening in the lid of the said box so as to entirely cover the same, and the key delivered to another of the Inspectors, and the box to a third, to be designated by a majority of the Inspectors.

      Sec. 17.  The Inspector having the key shall keep it in his own possession, and deliver it again to the Board of Inspectors at the next opening of the polls; and the Inspector having the care of the box shall carefully keep it, without opening it or suffering it to be opened, or the seal thereof to be broken or removed, and shall publicly, in that condition, deliver it to the Board of Inspectors at the next opening of the polls, when the seal shall be broken and the box opened, the poll books taken out, and the box again locked.

seal shall be broken and the box opened, the poll books taken out, and the box again locked.

      Sec. 18.  No ticket or ballot shall on the day of election be given or delivered to, or received by, any person except the Inspector, or a Judge acting as Inspector, nor fold any ticket or unfold any ballot which he intends to use in voting, or exhibit to another in any manner by which the contents thereof may be known, or request another person to exhibit or disclose the contents of any ticket or ballot, within one hundred feet of the polling place; provided, that in case any elector voting an open ticket, the Inspector, or Judge acting as Inspector, may fold the same before placing it in the ballot box.

      Sec. 19.  If the names of more persons are designated on any ballot found in the ballot box, for the same office, than are to be chosen for such office, then, except in the cases provided for in the next section, all the names designated for such office must be rejected; and the fact of such rejection, and the reason therefor, must, at the time of such rejection, be disposed of as provided in section twenty-six of this Act.

      Sec. 20.  When, upon a ballot being found in any ballot box, a printed name and a name written with ink or with pencil appears, and there are not so many persons to be chosen for the office, the printed name opposite the written name must be rejected, and the written one counted; or when, upon a ballot found in any ballot box, a name has been erased, and another substituted therefor in any other manner than by the use of a lead pencil or common writing ink, the substituted name must be rejected, and the name erased, if it can be ascertained from an inspection of the ballot, must be counted, and the fact thereof noted, and the said ballots disposed of as provided in section twenty-six of this Act.

      Sec. 21.  Whenever a question arises in the Board as to the legality of a ballot, or any part thereof, and the Board decide in favor of the legality, such action shall be taken as in case of a rejected ballot.

      Sec. 22.  Every person who makes, offers, or accepts any wager or bet upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.

      Sec. 23.  The Sheriffs of the several counties are hereby authorized to appoint one or more deputies, to serve at each election precinct, for the purpose of preserving order and making arrests, to be paid as other fees.

      Sec. 24.  A person offering to vote may be orally challenged by any elector of the precinct, upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, in which case the Inspector or one of the Judges shall tender him the following oath: “You do swear (or affirm) that you are the person whose name is entered upon the registry list of this precinct.” In case such person refuse to take the oath so tendered, he shall not be allowed to vote, and the Clerks of the Election shall write the word “Challenged” opposite the name of each person challenged upon the registry.

Ballots not to be given to or exhibited to another within certain limits.

Proviso.

More persons designated for an office than to be chosen.

Written and printed names for same office, which to be rejected.

Legality of ballots.

Misdemeanor to bet on result of election, etc.

Sheriff to appoint deputies to serve at precincts.

Oral challenge.

Canvass to be public.

Manner of canvass.

Excess of ballots.

Counting ballots.

Form of entry to be made in poll books.

the oath so tendered, he shall not be allowed to vote, and the Clerks of the Election shall write the word “Challenged” opposite the name of each person challenged upon the registry.

      Sec. 25.  As soon as the polls of the election shall be finally closed the Inspectors shall immediately proceed to canvass the vote given at such election; and the canvass shall be public, and continue without adjournment until completed.

      Sec. 26.  The canvass shall commence by a comparison of the poll lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found to agree. The box shall then be opened, and the ballots contained therein taken out and counted by the Inspectors, and opened so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed; and if, on comparison of the count with the poll lists and the appearance of such ballots, a majority of the Inspectors shall be of the opinion that the ballots thus folded together were voted by one elector, they shall be rejected, and carefully sealed up in an envelope, upon which shall be written the reason of their rejection, and shall be signed by the Inspectors, and placed back in the ballot box, to be retained with the other ballots, as provided in section twenty-nine of this Act.

      Sec. 27.  If the ballots in the box shall be found to exceed in number the whole number of votes on the poll lists, they shall be replaced in the box after being purged as above, and one of the Inspectors, with his back turned to the box, shall publicly draw out and destroy therefrom so many ballots, unopened, as shall equal the excess.

      Sec. 28.  The ballots and poll lists agreeing, or being made to agree, the Board shall then proceed to count and ascertain the number of votes cast, and for whom cast, and when completed the Clerks shall set down in their poll books the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed in writing at full length and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit:

      At an election, held at the house of A. B., in the Town (or precinct) of _____, in the County of _____, and the State of Nevada, on the _____ day of _____, A. D. _____, the following named persons received the number of votes annexed to their respective names for the following described offices, to wit:

      A. B. had _____ votes for member of Congress.

      C. D. had _____ votes for State Treasurer.

      E. F. had _____ votes for State Controller.

      G. H. had _____ votes for State Superintendent of Public Instruction.

      I. J. had _____ votes for member of the State Senate.

      K. L. had _____ votes for member of the Assembly.

      (And in like manner for any other persons voted for.)

                   Certified by us:                                          M. N.,

                                                                                          O. P.,

                                                                                          Q. R.,

                                                                      Inspectors of Election.

                   Attest:                                                          A. B.,

                                                                                          C. D.,

                                                                             Clerks of Election.

      Sec. 29.  The Inspectors shall file the ballots on a string, inclose and seal the same, together with one of the tally lists, and one of the poll books, under cover, directed to the Clerk of the Board of County Commissioners of the county in which such election was held, indorsed “Election Returns.” The packet, thus sealed, shall be conveyed by one of the Inspectors or Clerks of Election, to be determined by lot if they cannot otherwise agree, or by some other person to be agreed upon by the Inspectors, and delivered to the said Clerk of the Board of County Commissioners, at his office, within ten days from the close of the polls. The poll book, tally list, certified copy of register, ballot box and ballots thus inclosed and sealed, shall be deposited in the office of the Clerk of the Board of Commissioners, and preserved until the next general election. The other poll book and tally list shall be deposited with one of the Inspectors of Election, to be determined by lot if not otherwise agreed upon; and said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter, who may wish to examine the same; provided, however, that the ballots so deposited with the Board of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the Judge, body, or Board before whom such election is being contested.

      Sec. 30.  On the tenth day (or if that day shall fall on Sunday then on the Monday following) after the close of any election, or sooner if all the returns be received, the Board of County Commissioners shall proceed to open said returns and make abstracts of the votes. Such abstract of votes for member or members of Congress shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of the votes for district and State officers shall be on one sheet; and the votes for county and township officers shall be on one sheet. And it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners, to each of the persons having the highest number of votes for members of the Legislature, district, county, and township officers respectively, and to deliver such certificate to the person entitled to it on his making application to said Clerk at his office; provided, that when a tie shall exist between two or more persons for the Senate or Assembly or any other county, district, or township officer, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice.

Election returns, how and to whom made.

Proviso.

Manner of canvass by County Commissioners.

Proviso.

Abstract of votes to be transmitted to the Secretary of State.

Canvass.

Governor to grant certificates of election, etc.

Proviso.

Certificates, etc., not to be withheld on account of defect in returns.

Delayed returns.

Messenger, etc.

Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice. And it shall be the duty of the said Clerk of said Board of County Commissioners of such county, on receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session; and the said Board shall order the compensation aforesaid, if correct, to be paid out of the County Treasury.

      Sec. 31.  The Board of County Commissioners, after making the abstract of votes as provided in section thirty, shall cause their Clerk to make a copy of said abstract and transmit the same, by mail or express or special messenger, to the Secretary of State at the seat of Government; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State and shall open and canvass the vote for members of Congress, district and State officers; and the Governor shall grant a certificate of election to and commission the persons having the highest number of votes, and shall also issue proclamation declaring the election of such persons. In case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes, the Governor shall, by proclamation, order a new election; provided, when an election for Electors of President and Vice President of the United States takes place, the vote therefor shall be canvassed in the manner aforesaid on the fourth Monday after such election is held.

      Sec. 32.  No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the Governor or Board of County Commissioners on account of any such defect or informality of any returns made to the office of the Secretary of State or to the Board of County Commissioners.

      Sec. 33.  If the returns of the election of any county in the State shall not be received at the office of the Secretary of State on or before said third Monday of December succeeding such election, the said Secretary may forthwith send a messenger to the Clerk of the Board of County Commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns; and the said messenger shall be paid out of the Treasury of such county the sum of thirty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary, in the opinion of the Board of County Commissioners, to employ a messenger to convey the returns to the seat of Government, and deliver them to the Secretary of State, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of thirty cents per mile, computing the distance from the county seat to the seat of Government by the usual traveled route.

      Sec. 34.  When two or more counties are united in one Senatorial, Representative, or Judicial District for the election of any officers, the Board of County Commissioners of each county shall canvass the votes according to law of the voters of their respective counties for said officer or officers; and the Commissioners of the county whose initial is the lowest on the alphabet shall transmit to the Commissioners of the county of the highest initial a copy of the abstract of the votes for such officer or officers, when the said last Commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections.

      Sec. 35.  Whenever the returns are required to be transmitted by one Clerk of a Board of County Commissioners to another, or by the Clerk of the Board of County Commissioners to the Secretary of State, it shall be the duty of such Clerk, if not otherwise directed by the Board of County Commissioners, to deliver the same to some Postmaster of the county, at the Post Office, to be transmitted by mail, taking from such Postmaster, if it can be obtained, a certificate, setting forth the time when such returns were deposited in the Post Office, which certificate the Clerk shall file in his office.

      Sec. 36.  There shall be allowed, out of the County Treasury of such county, to the several Inspectors and Clerks of Election, five dollars per diem, and to the person carrying the poll books from the place of election to the Clerk’s office, and to the Clerk of the Board of County Commissioners, for attending at another county to canvass votes, the sum of thirty cents per mile for going and returning, to be paid out of the County Treasury.

      Sec. 37.  Any elector, of the proper county, may contest the right of any person declared duly elected to an office exercised in and for such county; and, also, any elector of a township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes:

      First-For malconduct on the part of the Board of Inspectors, or any member thereof.

      Second-When the person whose right to the office is contested was not at the time of election eligible to such office.

      Sec. 38.  When any election, held for an office exercised in and for a county, is contested on account of any malconduct on the part of the Board of Inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote of the county.

      Sec. 39.  When any elector shall choose to contest the right of any person declared duly elected to such office, he shall, within forty days thereafter, file with the Clerk of the District Court a written statement, setting forth, specifically:

      First-The name of the party contesting such election, and that he is a qualified elector of the district, county, or precinct (as the case may be), in which such election was held.

District returns, how made.

Abstract of votes.

Returns, how transmitted.

Compensation of officers of election.

Causes for contesting election to county or township office.

Contest for malconduct of Inspectors.

Statement of contest to be filed.

Proceedings when reception of illegal votes is alleged as cause of contest.

Proviso.

Statement not to be rejected or proceedings dismissed for want of form.

Judge to fix time and place to determine contest.

Witnesses subpoenaed may be compelled to attend.

Certificate of election to issue to person entitled.

Fees of Clerk, Sheriff, and witnesses.

      Second-The name of the person whose right to the office is contested.

      Third-The office.

      Fourth-The particular cause or causes of such contest.

      Said statement shall be verified by the affidavit of the contesting party that the matters and things therein contained are true, to the best of his knowledge and belief.

      Sec. 40.  When the reception of illegal votes is alleged as a cause of contest, it shall be sufficient to state generally that illegal votes were given to the person whose election is contested in the specified precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony shall be received of any illegal votes except such as are specified in such list; provided, that in all cases of contested elections, the District Court of the respective districts shall have original jurisdiction to try an determine all such cases, and may, by mandamus or otherwise, obtain all documentary evidence required by either of the parties litigant.

      Sec. 41.  No statement of the cause of contest shall be rejected, nor the proceedings thereon dismissed, by any Court before which such contest may be brought for trial, for want of form, if the particular cause or causes of contest shall be alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or cause for which such election is contested.

      Sec. 42.  Upon such statement being filed, it shall be the duty of the Clerk of the District Court to inform the Judge thereof, who shall fix the time and place to hear and determine such contested election; and the Clerk shall give notice thereof, not less than ten nor more than twenty days from the date of such notice, to the parties contesting, which said notice shall be served by the Sheriff of the county upon the respective parties, as in other cases.

      Sec. 43.  The said Clerk shall issue subpoenas and subpoenas duces tecum, as in civil actions at law, for witnesses in such contested election, at the request of either party, which shall be served by the Sheriff as other subpoenas; and the District Court shall have full power to issue attachments to compel the attendance of witnesses who shall fail to attend, who shall have been duly subpoenaed.

      Sec. 44.  Upon the certified copy of a judgment of the District Court, or a certified copy of the judgment of the Supreme Court, as the case may be, the Clerk of the Board of County Commissioners shall issue a certificate to the person declared to be entitled to such certificate of election.

      Sec. 45.  The Clerk, Sheriff, and witnesses shall receive, respectively, the same fees from the party against whom the judgment is given as are allowed for similar services in the District Court.

      Sec. 46.  Whenever an election shall be annulled and set aside by the judgment of the District Court, and no appeal has been taken therefrom within thirty days, such certificate, if any has been issued, shall thereby be rendered void, and the office become vacant.

      Sec. 47.  In case of any contest in regard to any election to fill the office of District Judge, such contest shall be tried in like manner before the District Court of the district nearest adjoining thereto.

      Sec. 48.  Any such action may be brought by the District Attorney, in the name of the State of Nevada, upon his own information or upon the complaint of any private party, against any person who unlawfully holds any public office within the State; and it shall be the duty of the District Attorney to bring such action whenever he has reason to believe that any such office is unlawfully held or exercised by any person, or when he is directed so to do by the Governor.

      Sec. 49.  Whenever such action is brought, the District Attorney, in addition to the statement and cause of action, may also set forth in the complaint the name of the person rightly entitled to the office or franchise, with a statement of his right thereto; and in such case, upon proof by affidavit or otherwise, that the defendant has received fees or emoluments belonging to the office or franchise, by means of his usurpation thereof, an order may be granted by a Judge of the Supreme Court, or a District Judge, for the arrest of such defendant and holding him to bail; and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.

      Sec. 50.  If the judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant.

      Sec. 51.  When several persons claim to be entitled or elected to the same office, one action may be brought by or against all such persons, in order to try their respective rights to such office.

contest for members of the legislature.

      Sec. 52.  In case of contest for Senator or Assemblyman in any county or district of this State, the party contesting shall file a statement in the Clerk’s office of the county or district in which such Senator or Assemblyman may be a resident, a concise statement of the grounds on which he intends to rely, which statement shall be verified by affidavit; and it shall be the duty of the Clerk to issue a commission, directed to two Justices of the Peace of such county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the filing of such papers, for the purpose of taking the deposition of such witnesses as the parties to such contest may wish to examine; and notice shall be served upon the person whose right to such office is contested, by the Sheriff of the county, the same as provided for by law in like cases.

Office, when vacant.

Contest of election of District Judge.

When District Attorney may bring action for unlawful holding office.

When defendant may be arrested and held to bail.

Damages recoverable.

Rights of several may be tried in one action.

Proceedings on contest for Senator or Assemblyman.

Justices to have power to issue subpoenas and attachments for witnesses, etc.

Depositions, etc., to be transmitted to the Secretary of State.

Vacancy in Commission, how filled.

Duty of Secretary of State.

When either party may take depositions.

Who may contest, and how.

by the Sheriff of the county, the same as provided for by law in like cases.

      Sec. 53.  Either of said Justices of the Peace shall have power at any time to issue subpoenas for witnesses, at request of either party, to be served by the Sheriff as other subpoenas; and such Justices, when they meet at the time and place appointed to take depositions, shall have the same power to issue attachments and assess fines against witnesses as is given to Justices of the Peace in other trials instituted before them; and all testimony taken before such Justices of the Peace shall be in writing, and shall be certified to and forwarded by mail or express, or delivered to the County Clerk of the county.

      Sec. 54.  It shall be the duty of the said Clerk to seal up such depositions, together with the original statement of the grounds of such contest, and the copy of the notice served upon the party whose right is contested, and the commission issued to the Justices of the Peace, and transmit the same by mail to the Secretary of State, indorsing thereon the names of the contesting parties, and the branch of the Legislature before which such contest is to be tried.

      Sec. 55.  If at any time either of the said Justices shall become unable to proceed in such examination, said Clerk may supply the vacancy by designating any other Justice of the Peace of the county in the place of said Justice.

      Sec. 56.  It shall be the duty of the Secretary of State to deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day after the organization of the Legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession.

      Sec. 57.  At any time after notice of any contest shall be given, and before the trial of such contested election before the proper branch of the Legislature, it may be lawful for either party to such contest to take depositions, to be read on the trial thereof in like manner and under the same rules as are allowed and required in cases of depositions to be read on any trial pending in the District Court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the Secretary of State, who shall keep the same, unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding section.

for contesting the election of state officers.

      Sec. 58.  Any qualified elector of the State may contest the election of any person declared duly elected to any State office within this State by filing a specification of the grounds of such contest with the Clerk of the Supreme Court, which specification shall be verified by oath or affirmation, and it is hereby made the duty of the Attorney General to prosecute such action in the name of the People of the State, before the Supreme Court, who shall have original jurisdiction in such cases; the Justices, or either of them, shall have power to issue such process as may be necessary to the complete hearing and final determination of such action.

process as may be necessary to the complete hearing and final determination of such action.

      Sec. 59.  If any person now holding or who shall hereafter hold any office in this State, who shall refuse or neglect to perform any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, shall be removed therefrom as herein prescribed.

      Sec. 60.  Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the District Court, alleging that any officer within the jurisdiction of said Court has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office as prescribed by law, or has been guilty of any malpractice or malfeasance in office, it shall be the duty of the Court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the Court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as are allowed in civil cases.

      Sec. 61.  It shall be the duty of the Clerk of the Court in which such proceedings are had to transmit, within three days thereafter, to the Governor of the State, or Board of County Commissioners (as the case may be) of the proper county, a copy of any decree or judgment declaring any officer deprived of any office under this Act; and it shall be the duty of the Governor or such Board of County Commissioners (as the case may be) to appoint some person to fill said office until a successor shall be selected or appointed and qualified; and it shall be the duty of the person so appointed to give such bond and security as are prescribed by law and pertaining to such office.

      Sec. 62.  In case judgment of the District Court, as herein provided, shall be against the officer complained of, and an appeal taken from the judgment so rendered, the officer so appealing shall not hold the office during the pending of such appeal; but such office shall be filled as in case of a vacancy.

by criminal action.

      Sec. 63.  An accusation, in writing, against any district, county, or township officer, for willful misconduct in office, may be presented by the Grand Jury of the county, for which such officer accused is elected or appointed, which accusation shall state the offense charged, and shall be delivered by the Foreman of the Grand Jury to the District Attorney of the county, who shall cause a copy thereof to be served upon the defendant, and require, by notice in writing, of not less than ten days, that he appear before the District Court then sitting, or at the next term, and answer the accusation.

Causes for removal from office.

Proceedings when complaint is presented for malpractice in office, etc.

Copy of decree to be transmitted to Governor or County Commissioners, etc.

Office to be filled on appeal.

Proceedings on accusations against district, county, or township officer.

Defendant to appear and answer.

Answer.

Objections.

Denial.

Answer forthwith.

Court to convict or proceed to try.

Judgment on conviction.

Appeal may be taken.

Office to be filled.

Proceedings for removal of District Attorney.

Impeachment of civil officer.

defendant, and require, by notice in writing, of not less than ten days, that he appear before the District Court then sitting, or at the next term, and answer the accusation. The original accusation shall then be filed with the Clerk of the District Court.

      Sec. 64.  The defendant must appear at the time appointed in the notice, and answer the accusation, unless for some sufficient cause the Court assign another day for that purpose. If he do not appear, the Court may proceed to hear and determine the accusation in his absence.

      Sec. 65.  The defendant may answer the accusation, either by objecting to the sufficiency thereof, or to any allegation therein, or by denying the truth of the same.

      Sec. 66.  If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specified form, it being sufficient if it present intelligibly the grounds of the objection.

      Sec. 67.  If he denies the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes.

      Sec. 68.  If any objection to the sufficiency of the accusation be not sustained, the defendant shall be required to answer the accusation forthwith.

      Sec. 69.  If the defendant plead guilty, and refuses to answer the accusation, the Court shall render judgment of conviction against him. If he deny the matter charged, the Court shall immediately, or as soon thereafter as practicable, proceed to try the accused, which trial shall be conducted in all respects and in like manner as trial upon indictment for other offenses.

      Sec. 70.  Upon a conviction, the Court shall immediately, or within five days, as it may appoint, pronounce judgment that the defendant be removed from office; but to warrant a removal, the judgment must be entered upon the minutes, assigning thereon the causes of removal.

      Sec. 71.  From a judgment of removal, an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action; but until such judgment be reversed the defendant shall be suspended from his office. Pending the appeal the office may be filled as in case of a vacancy.

      Sec. 72.  The same proceedings may be had on like grounds for the removal of a District Attorney, except that the accusation shall be delivered to the District Judge of the district, who shall thereupon appoint some one to act as a prosecuting officer in the matter, or shall place the accusation in the hands of the District Attorney of the nearest adjoining district, and require him to conduct the proceedings.

by impeachment.

      Sec. 73.  Where a civil officer of the State is impeached by the Assembly for misconduct in office, the articles of impeachment shall be delivered to the President of the Senate, who shall cause a copy thereof with a notice to appear and answer the same, at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing.

defendant not less than ten days before the day fixed for the hearing.

      Sec. 74.  The service must be upon the defendant personally; or, if he cannot, upon diligent inquiry, be found within the State, the Senate, upon due proof of that fact, may order that publication be made in such manner as they deem proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.

      Sec. 75.  If the defendant do no not appear, the Senate, upon proof of personal service or publication, as provided in the last two preceding sections, may, of their own motion or for cause shown, assign another day for hearing the impeachment, or may then, or at any other time which they may appoint, proceed in the absence of the defendant, to trial and judgment.

      Sec. 76.  When the defendant appears, he must answer to the articles of impeachment, which he may do either by objecting to the sufficiency of the same or any article thereof, or denying the truth of the same.

      Sec. 77.  If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. If he deny the truth of the impeachment the denial may be oral and without oath, and shall be entered upon the journal.

      Sec. 78.  If he plead guilty or refuse to plead, the Senate shall render judgment of conviction against him. If he deny the matter charged, the Senate shall, at such time as they may appoint, proceed to try the impeachment. The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Governor or Lieutenant Governor upon impeachment, and in all other cases, the President of the Senate.

      Sec. 79.  At the time and place appointed, before the Senate proceed to act on the impeachment, the Secretary shall administer to the President of the Senate or Chief Justice (as the case may be) and the President of the Senate or Chief Justice (as the case may be) to each of the members of the Senate then present, an oath or affirmation, truly and impartially to hear, try, and determine the impeachment.

      Sec. 80.  The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust, or profit under the Constitution and laws of this State.

      Sec. 81.  If judgment of suspension be given on the votes of two thirds of the members elected to each branch of the Legislature, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, fees, or emoluments of the office; and the Judge, District Attorney, or any State officer complained of, shall be served with a copy of the complaint against him, and have an opportunity of being heard in person or by counsel, in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.

      Sec. 82.  When articles of impeachment shall be presented against the President of the Senate, such officer shall be temporarily suspended from his office and shall not act in his official capacity until duly acquitted.

Service on defendant.

Failure to appear.

Answer.

When objection to be in writing.

When oral.

Plea of guilty.

Chief Justice to preside on trial of impeachment.

Oath to be administered to Chief Justice, President, and Senators.

What judgment may be.

Two-third vote required to suspend.

Proviso.

When President of Senate temporarily suspended.

State office to be filled temporarily.

Fraudulent action of officers of election, how punished.

Persons refusing to be sworn or to answer, how punished.

Punishment for fraudulent voting, etc.

Punishment for fraudulent attempt to vote, etc.

temporarily suspended from his office and shall not act in his official capacity until duly acquitted. Upon such suspension of any State officer whose office is created by the Constitution or laws of this State, the Governor shall immediately take charge of his office, and such office shall at once be temporarily filled by appointment by the Governor until the acquittal of the party impeached, or in case of his removal, then until the vacancy be filled as provided by law.

      Sec. 83.  Every person charged with the performance of any duty under the provisions of any law of this State relating to elections, who willfully neglects or refuses to perform it, or who in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be deemed guilty of felony, and punishable by fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or by both such fine and imprisonment.

      Sec. 84.  Every person who, after being required by the Board of Judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question propounded by such Board touching his right or the right of any other person to vote, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment in the County Jail not exceeding three months, or by both such fine and imprisonment.

      Sec. 85.  Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any election, or knowingly hands in two or more tickets folded together, or changes any ballot after the same has been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully provided, other ballots while the same are being counted or canvassed, or abstracts any ballots lawfully polled any other time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, or ballot box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with voters lawfully exercising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be guilty of felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or by both such fine and imprisonment.

      Sec. 86.  Every person not entitled to vote who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the County Jail not exceeding sixty days, or by both such fine and imprisonment.

County Jail not exceeding sixty days, or by both such fine and imprisonment.

      Sec. 87.  Every Inspector, Judge, or Clerk of an election, who, previous to putting the ballot of an elector in the ballot box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in to be opened or examined previous to putting the same into the ballot box, or makes or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such Inspector, Judge, or Clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by fine of not less than fifty nor more than five hundred dollars. Every person who forges or counterfeits returns of an election purporting to have to have been held at a precinct, town, or ward, when no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of the true returns of a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the State Prison for a term of not less than two nor more than ten years.