[Rev. 5/3/2022 8:41:00 PM]
κ1875 Statutes of Nevada, Page 45κ
LAWS OF THE STATE OF NEVADA,
PASSED AT THE
SEVENTH SESSION OF THE LEGISLATURE, 1875.
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Chapter IAn Act to create a State Legislative Fund.
[Approved January 7, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the salaries of the members and attaches of the present Legislature, the mileage of the members, and the incidental expenses of the respective Houses, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specifically appropriated, the sum of ninety thousand dollars, which shall constitute a fund to be denominated the State Legislative Fund. The State Controller is hereby authorized and required to draw his warrant on said fund in favor of the members and attaches of the Senate and Assembly, for stationery allowances, mileage, compensation, and the incidental expenses of the respective Houses, when properly certified to him in accordance with law; and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. All demands against said fund are hereby exempted from the operation of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February seventh, eighteen hundred and sixty-five. Sec. 3. Any money that may remain in the fund created by this Act, upon the adjournment of the Legislature, shall revert to the General Fund. |
State Legislative Fund created.
Exempt from Act relating to Board of Examiners
Surplus remaining to revert to General Fund. |
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Repeal. |
Chap. II.An Act to repeal Chapter Eighty-eight, of the laws passed at the Fourth Session of the Legislature of Nevada.
[Approved January 21, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act of the Legislature of the State of Nevada, passed at the fourth session thereof, entitled An Act to authorize the County Commissioners of Washoe County to issue bonds in aid of the construction of a railroad from Carson City to the Central Pacific Railroad, approved March fifth, eighteen hundred and sixty-nine, is hereby repealed. |
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Amendment. Number of documents to be printed. |
Chap. III.An Act to amend an Act entitled An Act to amend an Act to create the office of State Printer, define the duties and compensation thereof, and provide for the time and manner of election, approved January tenth, eighteen hundred and sixty-five, approved January twenty-sixth, eighteen hundred and sixty-six.
[Approved January 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. Whenever any message, report, or other document, in book form, is ordered printed by either House, three hundred copies, in addition to the number ordered, shall be struck off, and be retained in sheets, by the Printer, to be bound with the Journals of the House ordering, as an Appendix. Whenever any bill is ordered printed, two hundred and forty copies shall be deemed the number ordered, unless the House ordering the same specially order a different number. |
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Persons who may practice medicine or surgery. |
Chap. IV.An Act to prevent the practice of medicine and surgery by unqualified persons.
[Approved January 28, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person shall practice medicine or surgery in this State who has not received a medical education and a diploma from some regularly chartered medical school; said school to have a bona fide existence at the time when said diploma was granted. |
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diploma from some regularly chartered medical school; said school to have a bona fide existence at the time when said diploma was granted. Sec. 2. Every physician or surgeon, when about to take up his residence in this State, or who now resides here, shall file for record with the County Recorder of the county in which he is about to practice his profession, or where he now practices it, a copy of his diploma, at the same time exhibiting the original, or a certificate from the Dean of the medical school of which he is a graduate, certifying to his graduation. Sec. 3. Every physician or surgeon, when filing a copy of his diploma or certificate of graduation, as required by section two of this Act, shall be identified as the person named in the papers about to be filed, either by the affidavit of two citizens of the county, or by his affidavit taken before a Notary Public or Commissioner of Deeds for this State, which affidavit shall be filed in the office of the County Recorder. Sec. 4. Any person practicing medicine or surgery in this State, without complying with sections one, two, and three of this Act, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the County Jail for a period of not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment, for each and every offense; and any person filing, or attempting to file, as his own, the diploma or certificate of graduation of another, or a forged affidavit of identification, shall be guilty of a felony, and upon conviction shall be subject to such fine and imprisonment as is made and provided by the statutes of this State for said offense. Sec. 5. It shall be the duty of the police, Sheriff, or Constable, to arrest all persons practicing medicine or surgery in this State who have not complied with the provisions of this Act, and the officer making the arrest shall be entitled to one half of the fine collected. Sec. 6. No portion of this Act shall apply to any person who, in an emergency, may prescribe or give advice in medicine or surgery in a township where no physician resides, or when no physician or surgeon resides within convenient distance; nor to those who have practiced medicine or surgery in this State for a period of ten years next preceding the passage of this Act, nor to persons prescribing in their own family. Sec. 7. This Act shall go into force sixty (60) days after its final passage. |
To file and record copy of diploma.
To exhibit certificate of graduation. Affidavit of identification of physician or surgeon. Affidavit to be filed.
Violation of Act made misdemeanor. Penalty. Filing of forged or substituted diploma, certificate of graduation, or affidavit, made felony. Penalty.
Sheriff, etc., to arrest persons violating provisions of Act.
Persons and cases excepted from provisions of Act.
When to take effect. |
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Payment of certain State bonds.
Transfer from General Fund to State Interest and Sinking Fund.
Moneys used in purchase. Board of Commissioners constituted Purchase of Nevada State bonds
Purchase of California State bonds U. S. bonds Exchange of U. S. bonds for State bonds
State Interest and Sinking Fund constituted.
Ad valorem tax levied. |
Chap. V.An Act to provide for the payment of [the] State debt proper.
[Approved January 28, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing for the payment of the State bonds issued under an Act entitled An Act to authorize a State loan for the purpose of paying the State proportion of the bonds [issued] under the Act approved February sixth, one thousand eight hundred and sixty-seven, and to fund the floating debt and place the State on a permanent cash basis, approved February twenty-seventh, eighteen hundred and seventy-one, the sum of one hundred and ninety thousand dollars is hereby transferred from the General Fund of the State to the State Interest and Sinking Fund, provided for in said Act. And the State Controller is hereby directed to notify the State Treasurer of such transfer. Sec. 2. The amount thus placed in the State Interest and Sinking Fund, together with all sums now in or coming into said fund from other sources, shall, under the unanimous direction of a Board of Commissioners, consisting of the Governor, Attorney General, Secretary of State, State Controller, and State Treasurer, be used as follows: First-In the purchase of the bonds issued under the authority of the Act herein mentioned, if such purchase can be made at such a rate of premium as would guarantee to the purchaser six per cent. per annum interest on the amount paid during the life of the bonds. Second-In California State six per cent. bonds; and, Third-In United States six per cent. gold-bearing bonds. Sec. 3. The Board of Commissioners herein named are authorized to exchange the United States bonds now in the State Interest and Sinking Fund for State bonds now in the State Interest and Sinking Fund for State bonds issued under the Act herein named, at such rate as in their judgment would be for the best interest of the State; provided, that in making such exchange, the value of said United States bonds shall be at least the average premium paid for United States bonds in the market on the day of exchange, and in no case at less than par. Sec. 4. From and after the passage of this Act, the State Interest and Sinking Fund provided for in the Act herein named, shall consist of amounts derived from delinquent taxes heretofore payable into said fund, of United States or California State bonds now in or that may hereafter come into said fund, together with the amounts derived from interest on said bonds, and of amounts derived from an ad valorem tax hereby levied of five cents upon each one hundred dollars of the taxable property in this State, which shall be levied and collected for the fiscal year commencing January first, eighteen hundred and seventy-five, and annually thereafter, until all the bonds, both principal and interest, issued under the provisions of the Act herein named, |
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herein named, shall have been fully paid, or their payment at maturity shall have been fully provided for; provided, that no portion of any tax whatsoever levied on the proceeds of the mines shall be construed to form any part of the revenue appropriated by this section for the payment of the interest on or redemption of the bonds hereinbefore mentioned. Sec. 5. Immediately after the passage of this Act, it shall be the duty of the Commissioners herein named, to advertise in one or more daily papers published in this State, and in the Cities of San Francisco and New York, for sealed proposals for the surrender of bonds provided to be paid by this Act. They shall advertise the amount of money on hand applicable to the redemption of such bonds, and they may accept bids, calling for no higher rate of premium than would guarantee the purchaser six per cent. per annum interest on the amount paid for said bonds for the time they have yet to run; or, refusing all such bids, invest the money in California six per cent. gold-bearing bonds, as in their judgment would be for the best interest of the State. Sec. 6. The Commissioners herein named shall report to the Legislature, at the beginning of each session, in detail, all their doings under the provisions of this Act. Sec. 7. All Acts and parts of Acts, in so far only as they conflict with the provisions of this Act, are hereby repealed. |
Proviso No portion of tax on mines to go into fund.
Advertisement of redemption of bonds.
Purchase of California State bonds
Report of Commissioners. Repeal of conflicting Acts. |
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Chap. VI.An Act relating to prisoners discharged from the State Prison.
[Approved February 1, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any prisoner shall be discharged from the State Prison of this State, either by expiration of his term of sentence, or by pardon, the Warden shall furnish him twenty-five dollars in coin, the same to be allowed and paid out of the State Prison Fund, the same as any other claim against said fund. Sec. 2. This Act shall take effect from and after its passage. |
Prisoner discharged to be furnished money.
Act to take effect. |
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Secretary of State to procure State Seal.
Secretary of State to have access to and use of seal. Appropriation. |
Chap. VII.An Act in relation to the Great Seal of the State of Nevada.
[Approved February 1, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the Secretary of State, as soon as practicable after the passage of this Act, to procure a seal, the design of which shall be the same as that upon the present Great Seal of the State of Nevada, as provided by an Act entitled An Act to provide a Seal of State for the State of Nevada, approved February twenty-fourth, eighteen hundred and sixty-six; and the size thereof shall not be more than two and three fourths inches in diameter; and when completed, shall be known as the Great Seal of the State of Nevada, and shall be used instead of the present Great Seal. Sec. 2. The Secretary of State shall at all times have access to said seal, and may use the same in verification of all his official acts. Sec. 3. For the purpose of carrying out the provisions of this Act, the sum of two hundred dollars is hereby appropriated out of any money in the State Treasury not otherwise specifically appropriated. |
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Three-card monte, strap game, etc., made unlawful.
Persons playing, etc., guilty of felony.
Penalty.
Person soliciting another to bet, etc., deemed guilty of a felony. |
Chap. VIII.An Act to prohibit cheating and unlawful games.
[Approved February 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful in this State for any person to deal, play, carry on, open, or cause to be opened, or in any manner whatsoever assist in or about the playing of the game commonly known as the strap game; the game sometimes known as the California dice game, sometimes as twenty-one, and sometimes as top and bottom; or the game commonly known as three-card monte, or any similar game with any number of cards. Any person who shall deal, play, or carry on, open, or cause to be opened, or who shall in any manner whatever assist in or about the playing of any of the games aforesaid, or any similar games, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Prison, for a term of not less than two nor more than five years. Sec. 2. Every person who shall solicit or request, or in any manner whatever attempt to lead, induce, or prevail upon any other person to play, bet, or in any manner whatever hazard any money, chose in action, credit, or any valuable thing, at any of the games enumerated in section one of this Act, or at any of the banking games enumerated in section one of an Act entitled An Act to restrict gaming, |
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any of the games enumerated in section one of this Act, or at any of the banking games enumerated in section one of an Act entitled An Act to restrict gaming, passed March fourth, A. D. eighteen hundred and sixty-nine, or any banking game played with cards, dice, or any other device, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Prison, for a term not less than one nor more than two years. Sec. 3. Every person who shall deal, play, open, or cause to be opened, or carry on any game played with cards, dice, or any other device, commonly known and designated as a hogging game, or who by any fraud, cheat, deceitful device, or false pretense or pretenses, or by any kind of false representation whatsoever, while playing at or dealing any of the games referred to in the preceding section, or while having any share in wagers played for at such games, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money, chose in action, or valuable thing, or the possession thereof, shall be deemed guilty of a felony, and upon conviction thereof shall be sentenced to restore such money, chose in action, or valuable thing, so won or acquired, to the owner thereof, and shall be imprisoned in the State Prison for a term of one year. Sec. 4. It shall be lawful for any agent, officer, or employe of any common or passenger carrier in this State to arrest and confine and restrain, without warrant, any person who shall violate any of the provisions of this Act while being carried as a passenger in any car, coach, or other vehicle of such common or passenger carrier; provided, any agent, officer, or employe of such carrier who shall arrest any such person under the provisions of this section, shall, with all convenient speed, deliver such person into the custody of some magistrate or peace officer of this State, and shall forthwith enter a complaint against the person so arrested, before the nearest or most accessible magistrate. Sec. 5. Any person committing any offense under the provisions of this Act on any car, coach, or other vehicle belonging to any common or passenger carrier in this State, may be indicted and tried for such offense in any county in this State through or in which the track or route of such carrier runs or lies. Sec. 6. Every person who shall knowingly permit any of the games mentioned and alluded to in section one of this Act to be dealt, played, opened, or caused to be opened, or in any manner whatever carried on in any house, building, car, coach, or other vehicle owned by such person, in whole or in part, or any agent, employe, or officer of any common or passenger carrier of this State, who shall knowingly permit any of the said games to be dealt, played, opened, or carried on in any building, car, coach or other vehicle which may for the time being be in the charge, care, or custody of such agent, employe, or officer, shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the State Prison for a term of one year. Sec. 7. Every District Attorney and peace officer within this State shall inform against and diligently prosecute all persons violating any of the provisions of this Act; |
Penalty.
Cheating, etc., made felony.
Penalty.
Agent, etc., of common or passenger carrier may arrest, etc. Proviso. Duty of agent, etc., making arrest.
Venue of offense committed on vehicle of carrier.
Owner of premises, or agent, permitting game, guilty of felony.
Penalty. |
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District Attorney and peace officer to prosecute. District Attorney and peace officer neglecting, etc., guilty of misdemeanor. Act to be given in charge to Grand Juries. |
State shall inform against and diligently prosecute all persons violating any of the provisions of this Act; and every such District Attorney and officer who shall knowingly neglect or refuse so to do, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than five hundred nor more than fifteen hundred dollars; which fine may be collected in an action instituted by the Attorney General, on behalf of the State, against the sureties on the official bond of such District Attorney or peace officer. Sec. 8. It shall be the duty of Judges of the District Courts of the several judicial districts in this State, to specially give this Act in charge of every Grand Jury impaneled in their respective districts. |
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Trustee of town site to record patent, etc.
Proof of payment of taxes not required.
Sale of unclaimed lots or lands.
Disposition of proceeds. |
Chap. IX.An Act supplementary to an Act entitled An Act prescribing rules and regulations for the execution of the trust arising under the Act of Congress entitled An Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven, approved February twentieth, eighteen hundred and sixty-nine.
[Approved February 8, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the corporate authorities or Judge shall have received a certificate of entry, patent, or other evidence of title to the real estate embraced within the limits of any town or city, it shall be the duty of said corporate authorities or Judge to cause the same to be recorded in the land records of the proper county, and to entitle said certificate of entry, patent, or other evidence of title, to be recorded by the County Recorder, it shall not be necessary to present or make, nor shall the County Recorder require any oath or affirmation that all or any part of the taxes for county and State purposes, assessed, due, or payable upon said real estate, have been paid. Sec. 2. All lots, blocks, shares, or parcels of land within the boundaries of such town or city, which shall not have been claimed as provided in section four of said Act, approved February twentieth, eighteen hundred and sixty-nine, shall, after the limitation provided in said section four has expired, be sold, and the proceeds of such sale disposed of as provided in section eight of said Act. |
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Chap. X.An Act to amend section four hundred and sixty-eight of An Act to regulate proceedings in criminal cases in the Courts of justice in the Territory of Nevada, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved February 8, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The punishment of death shall be inflicted by hanging the defendant by the neck until he be dead, within the inclosed limits of the jail, and when such inclosure does not exist, so as to screen the execution from public gaze, a suitable and efficient inclosure shall be provided by the County Commissioners of the county in which the execution takes place. |
Death penalty, how inflicted.
County Commissioners to provide inclosure. |
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Chap. XI.An Act to authorize Sheriffs to work prisoners.
[Approved February 9, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person convicted of petit larceny, and imprisoned in the County Jail, may be required, by a special or general order of the Board of Commissioners of the county in which said person was convicted, to perform labor on the public works or ways in the county. |
Labor of persons convicted of petit larceny. |
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Chap. XII.An Act to prohibit camels and dromedaries from running at large on or about the public highways of the State of Nevada.
[Approved February 9, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be unlawful for the owner or owners of any camel or camels, dromedary or dromedaries, to permit them to run at large on or about the public roads or highways of this State. Sec. 2. If any owner or owners of any camel or camels, dromedary or dromedaries shall, knowingly and willfully, permit any violation of this Act, he or they shall be deemed guilty of a misdemeanor, and shall be arrested, on complaint of any person feeling aggrieved; |
Running at large of camels or dromedaries prohibited. Misdemeanor. |
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Penalty. |
son feeling aggrieved; and when convicted, before any Justice of the Peace, he or they shall be punished by a fine not less than twenty-five (25) or more than one hundred (100) dollars, or by imprisonment not less than ten or more than thirty days, or by both such fine and imprisonment. |
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Franchise.
Gauge of road.
Benefits of general railroad Act conferred.
Lander County to issue bonds
Petition to be presented to County Commissioners. |
Chap. XIII.An Act to encourage the construction of a railroad from Battle Mountain Station, on the Central Pacific Railroad, in Lander County, State of Nevada, to the City of Austin, in said county, and to authorize said county to issue its bonds for two hundred thousand dollars to aid the same.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following named persons, to wit: Allen A. Curtis, Andrew Casamayou, George F. Dinsmore, D. B. Starratt, and M. A. Sawtelle, their heirs and assigns, are hereby given and granted the right, privilege, and franchise of building, constructing, maintaining, and operating a narrow or wide gauge railroad, with iron rails, between the Town of Battle Mountain, on the Central Pacific Railroad, in the County of Lander, State of Nevada, and the City of Austin, in said county, the gauge whereof shall be of a width not less than thirty-two inches, and the grade whereof shall not exceed one hundred and fifteen feet to the mile; and the said persons, their heirs and assigns, are hereby vested with, and shall have and enjoy all and singular the rights, privileges, and franchises conferred upon railroad companies incorporated in this State by the provisions of an Act of the Legislature of the State of Nevada entitled An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, approved March twenty-second, eighteen hundred and sixty-five, and the Acts amendatory thereof or supplemental thereto. Sec. 2. The Board of County Commissioners of the County of Lander aforesaid, are hereby required to prepare and issue the bonds of said county, upon the conditions and pursuant to the provisions hereinafter enacted; which said bonds shall be delivered to the said persons, their heirs and assigns, for their use and benefit. Sec. 3. Whenever the said persons, or their heirs or assigns, shall present to the said Board of County Commissioners a petition signed by three fifths in number of all the voters registered in said county, as shown by the registry list of said county, representing one half or more of the taxable property of said county, as shown by the assessment roll of said county for the year eighteen hundred and seventy-four, which petition shall state that it is the desire of the signers thereof that the bonds of said County of Lander should be issued to the said persons, their heirs and assigns, in the sum of two hundred thousand dollars, gold coin, with interest thereon at the rate of ten per centum per annum, in gold coin, pursuant to this Act, then and thereafter it shall be the duty of said Board of County Commissioners to prepare and issue such bonds as hereinafter provided. |
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centum per annum, in gold coin, pursuant to this Act, then and thereafter it shall be the duty of said Board of County Commissioners to prepare and issue such bonds as hereinafter provided. Sec. 4. Whenever the said persons, their heirs or assigns, shall have graded, laid the ties and a good quality of iron rails, completed and prepared ready for the reception of the rolling stock ten miles of said railroad, and such fact shall appear to said Board of County Commissioners, by the affidavit of the Superintendent of the construction of said railroad and by the personal examination of said Commissioners, and the petition aforesaid shall have been presented to said Board, then the said Board shall prepare, issue, and deliver to said persons, their heirs and assigns, bonds of said county, in an amount which shall bear the same proportion to the whole amount of the bonds to be issued, as hereinbefore provided, as the said ten miles of railroad bears to the whole length of said railroad proposed to be constructed, as shown by the survey thereof; and thereafter, upon the completion of the said railroad ready for the rolling stock, as hereinbefore provided, of each succeeding and continuous ten miles of said railroad, a like amount of said bonds shall be prepared, issued, and delivered, until upon the completion of the last section of ten miles or less, at the terminus of said railroad within the said City of Austin, at a point not farther west than the Philadelphia Brewery; when and at which time the whole amount of said bonds remaining unissued shall be issued and delivered to said persons, their heirs or assigns. Sec. 5. The said bonds shall be issued in sums of one thousand dollars, and shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in gold coin; shall bear interest at the rate of ten per centum per annum, payable annually; shall be payable to the bearer, at the office of the Treasurer of said county, in twenty years from their date. The said bonds shall be consecutively numbered from one to two hundred, inclusive, and shall be signed by the Chairman of said Board and the said Treasurer, and countersigned by the Clerk of said Board, who shall attach thereto the seal of said county. The said coupons shall bear the number of the bond to which they are attached, and shall be consecutively numbered from one (1) to twenty (20), inclusive, and shall be signed by said Chairman and said Treasurer. Sec. 6. Immediately after being notified of the fulfillment of the conditions upon which any installments of said bonds are to issue as hereinbefore provided, the said Board shall satisfy themselves, by personal inspection and the affidavit of said Superintendent, of the fact of the performance of said conditions; and on being so satisfied, shall prepare, issue, and deliver the bonds as hereinbefore directed. Sec. 7. From and after the issuance of said bonds, or any installment thereof, as hereinbefore provided, the said Board shall annually, at the same time, and in the same manner as other county taxes are levied, levy a special county tax sufficient in amount to pay the annual interest on said bonds, and after the second year of their issuance, an amount sufficient to pay, in addition to interest, one eighteenth part of the principal of the whole amount of said bonds. |
Bonds, when to issue.
Amount and description of bonds.
Inspection of road.
Special tax to pay bonds and interest. |
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Proceeds of tax to form Railroad Interest and Sinking Fund.
Surplus in fund, how disposed of.
Sealed proposals to surrender bonds.
What proposals may be accepted.
Notice of redemption of bonds.
County Treasurer to pay bonds. Time limited for making locating survey and the completion of road
Faith of State of Nevada pledged. |
after the second year of their issuance, an amount sufficient to pay, in addition to interest, one eighteenth part of the principal of the whole amount of said bonds. Sec. 8. The proceeds of said tax shall be placed by said Treasurer in a separate fund, to be known as the Railroad Interest and Sinking Fund, and shall be applied exclusively: First, to the payment of said interest, as the same shall become due; and, second, to the redemption of the said bonds in the manner specified in the next section. Sec. 9. Whenever, after the issuance of said bonds, all the interest due thereon shall have been paid, and there shall be in said fund a surplus of five thousand dollars or more, which, upon an estimate of the receipts, will not be required for accruing interest within the next succeeding year, the said Board shall insert an advertisement in a newspaper published in said county, or if there be no such newspaper, in the newspaper of the largest circulation and issue at Virginia City, in said State, for the period of one month, stating the amount of money in said fund to be applied to the purchase of said bonds, and that sealed proposals to surrender the same will be received by the Clerk of said Board before a day therein named. On said day, the said Board shall meet and open said proposals, and, to the extent of the amount named in said advertisement, shall purchase the bonds so offered, giving the preference to the bidder who shall offer to surrender such bonds at the lowest price. If two or more proposals are at the same price, the proposal first filed shall have the preference; but no proposal shall be accepted for more than the principal and interest then due on the bonds offered. If no proposals, such as are herein authorized to be accepted, be filed, the said Board shall advertise in such newspaper, as aforesaid, for the period of one month, stating the amount of money in said fund to be applied to the redemption of such bonds, and that the bonds of the lowest numbers (naming them) are redeemable at the office of said Treasurer, and that the interest on said bonds will stop at the expiration of one month from the date of said advertisement. The said Treasurer shall redeem such bonds when presented, and the interest on such bonds shall cease at the time stated in said advertisement. Sec. 10. The said persons, their heirs and assigns, shall, in order to secure the privileges herein specified, within one year after the approval of this Act, complete the locating survey of the route of said railroad, and commence the grading of said railroad; and shall, within three years after the approval of this Act, complete, finish, and equip the said entire railroad, from said Central Pacific Railroad, in said Lander County, to said City of Austin, in the manner hereinbefore stated. Sec. 11. The faith of the State of Nevada is hereby pledged that this Act shall never be repealed or so modified as in any way to impair the security of those who shall hold the bonds herein provided for. |
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State of Nevada, Carson City, Senate Chamber, February 8th, 1875.
This is to certify that Senate Bill Number Three, entitled An Act to encourage the construction of a railroad from Battle Mountain Station, on the Central Pacific Railroad, in Lander County, State of Nevada, to the City of Austin, in said county, has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: Yeas, 17; nays, 6.
C. C. STEVENSON, President pro tem. C. N. NOTEWARE, Secretary of the Senate.
State of Nevada, Carson City, Senate Chamber, February 8th, 1875.
This is to certify that Senate Bill Number Three, entitled An Act to encourage the construction of a railroad from Battle Mountain Station, on the Central Pacific Railroad, in Lander County, State of Nevada, to the City of Austin, in said county, has this day passed the Assemby, notwithstanding the objections of the Governor, by the following vote: Yeas, 38; nays, 11.
W. C. DOVEY, Speaker of the Assembly. J. M. WOODWORTH, Assistant Clerk of the Assembly |
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Chap. XIV.An Act for the relief of S. T. Swift, Sheriff of Ormsby County.
[Approved February 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-nine and seventy-five one hundredths dollars ($39 75) is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into the said General Fund, for the payment of S. T. Swifts claim for cost in case of the State of Nevada vs. Rhodes and others. Sec. 2. The Controller of State is hereby directed to draw his warrant in favor of said S. T. Swift for said amount, and the State Treasurer is hereby directed to pay the same. |
Appropriation.
Controller directed to draw warrant, etc. |
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Appropriation.
Controller directed to draw warrant, etc. |
Chap. XV.An Act for the relief of Ormsby County.
[Approved February 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and eight and ninety one hundredths dollars ($108 90) is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into said General Fund, for the payment of the claim of Ormsby County for costs in case of the State of Nevada vs. Patrick Hurley, for breaking out of the State Prison. Sec. 2. The Controller is hereby directed to draw his warrant in favor of the Treasurer of Ormsby County for the above amount, and the State Treasurer is hereby directed to pay the same. |
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Appropriation.
Controller directed to draw warrant, etc. |
Chap. XVI.An Act for the relief of John N. Thacker.
[Approved February 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand dollars ($2,000) is hereby appropriated out of any moneys in the General Fund of this State not otherwise appropriated by law, or which may hereafter come into said General Fund, in favor of John N. Thacker, for the arrest and delivery to the proper authorities in this State, in accordance with the proclamation of the Governor, Edward Cage and Joseph Lindsay, in the year eighteen hundred and sixty-nine. Sec. 2. The Controller is hereby directed to draw his warrant in favor of the said John N. Thacker for the above specified sum, and the Treasurer of State is hereby directed to pay the same. |
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κ1875 Statutes of Nevada, Page 59κ
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Chap. XVII.An Act amendatory of and supplemental to an Act entitled An Act relating to elections, approved March twelfth, eighteen hundred and seventy-three.
[Approved February 12, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is amended so as to read as follows: Section Two. 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 (10) or more qualified electors of the county; provided, they be located eight (8) miles or more from any polling place or precinct; and, provided further, that said Commissioners, upon the petition of ten (10) or more qualified electors of any precinct in which more than eight hundred (800) votes were cast at the general election next preceding, shall divide said election precinct into two or more election precincts, and establish the line or lines of said division so as best to accommodate the electors of said district. At their first regular meeting in October preceding each general election, and fifteen (15) days before any special election, to appoint three (3) 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 (10) days after the receipt of said notices, to serve the same upon each of said Inspectors of Election. |
County Commissioners to establish election precincts, upon petition.
Precinct to be divided, upon petition.
Inspectors of Election, appointment of.
Notice to Inspectors of their election.
Service of notice. |
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Chap. XVIII.An Act for the relief T. J. Edwards, County Clerk of Ormsby County.
[Approved February 12, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred and twenty-one and sixteen one hundredths dollars ($221 16) is hereby appropriated out of any moneys in the General Fund of this State not otherwise specifically appropriated by law, or which may come into said General Fund, for the payment of T. J. Edwards claim for costs in case of the State of Nevada vs. Rhodes and others. Sec. 2. The Controller of State is hereby directed to draw his warrant in favor of said T. |
Appropriation to pay T. J. Edwards.
Controller to draw warrant, etc. |
κ1875 Statutes of Nevada, Page 60 (CHAPTER 18)κ
|
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his warrant in favor of said T. J. Edwards for said amount, and the State Treasurer is hereby directed to pay the same. |
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State University Aid Bonds issued by Elko County legalized.
Levy of tax authorized and directed.
University Interest and Sinking Fund created.
Notice of proposals to surrender bonds.
What proposals shall be accepted. |
Chap. XIX.An Act to legalize the issuance of certain Elko County bonds, issued as aid in the construction of the Preparatory Department of the State University of Nevada.
[Approved February 12, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The issuance of the bonds of Elko County by the Board of County Commissioners of said county, on the third day of February, A. D. eighteen hundred and seventy-four, in the sum of twelve thousand dollars, bearing interest at the rate of ten per cent. per annum, and known and denominated as State University Aid Bonds, is hereby legalized, and the same are hereby created and made a part of the legal indebtedness of Elko County, and shall be paid as herein provided, both principal and interest, in United States gold coin. Sec. 2. The Board of County Commissioners of Elko County are hereby specially authorized, empowered, and directed, at their first regular meeting after the passage of this Act, to levy and cause to be assessed and collected, at the same time and in the same manner, as other revenues of the county, the sum of seven cents upon each one hundred dollars worth of taxable property within said Elko County; and thereafter, annually, for a period of twenty years, a like sum shall be levied, assessed, and collected for the uses and purposes as hereinafter mentioned. Sec. 3. The proceeds of said tax shall be placed by the County Treasurer in a separate fund, to be known as the University Interest and Sinking Fund, and shall be applied exclusively: first, to the payment of the interest as it becomes due; and, second, to the redemption of the said bonds, in the manner specified in the next section. Sec. 4. Whenever all the interest due on said bonds shall have been paid, and there shall be in said fund a surplus of one thousand dollars or more, which, upon an estimate of the receipts, will not be required for accruing interest within the next succeeding year, the said County Treasurer shall insert an advertisement in a newspaper published in said county, or if there be no such newspaper, in the newspaper of the largest issue in Virginia City, in this State, for the period of one month, stating the amount of money in said fund to be applied to the purchase of said bonds, and that sealed proposals to surrender the same will be received by the said Treasurer before a day therein named. On said day the Treasurer shall open said proposals, and, to the extent of the amount named in said advertisement, shall purchase the bonds so offered, giving the preference to the bidder who shall offer to surrender said bonds at the lowest price. |
κ1875 Statutes of Nevada, Page 61 (CHAPTER 19)κ
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ence to the bidder who shall offer to surrender said bonds at the lowest price. If two or more proposals are at the same price, the proposal first filed shall have the preference; but no proposal shall be accepted for more than the principal and interest then due on the bonds offered. If no proposals such as are herein authorized to be accepted be filed, the said Treasurer shall advertise in such newspaper as aforesaid, for the period of one month, stating the amount of money in said fund to be applied to the redemption of such bonds, and that the bonds of the lowest numbers (naming them) are redeemable at the office of said Treasurer, and that the interest on said bonds will stop at the expiration of one month from the date of said advertisement. The said Treasurer shall redeem such bonds when presented, and the interest on such bonds shall cease at the time stated in said advertisement. Sec. 5. After said bonds shall have been fully paid, together with the accruing interest thereon, any money that may be remaining in said University Interest and Sinking Fund shall revert back to the General Fund of said Elko County, for county purposes. |
Notice of redemption of bonds.
Money remaining in University Fund to revert to General Fund. |
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Chap. XX.An Act to amend An Act to regulate rafting and running timber and wood on the rivers in the State of Nevada.
[Approved February 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of an Act entitled an Act to amend an Act to regulate rafting and running timber and wood on the rivers in the State of Nevada, is hereby amended to read as follows: Section Four. Such corporation shall keep posted, in some conspicuous place in their office, a list of the names, with place of residence, of all the members thereof, and of all persons whose logs, timber, lumber, or wood they have contracted to run, drive, boom, raft, clear from the banks, or secure, with a description of each mark intended to be used upon such logs, timber, lumber, or wood, so far as the same may be known; and if any person owning or interested in the running and securing of any logs, timber, lumber, or wood on such stream or waters, shall furnish to the Secretary of such corporation a like list of the name, residence, and mark or marks of such person or persons, the Secretary shall post the same in like manner as hereinbefore provided; and every such person shall be entitled to ten days notice in all cases provided for in section two, specification seventh, to be given in the same manner as therein provided; and such person or persons owning or interested in the running and securing, as aforesaid, any logs, timber, lumber, or wood on such stream or waters, shall, before floating the same, cause to be filed in the office of the corporation, and filed and recorded in the office of the Clerk of the county in which the office of such corporation may be kept, |
Notice of members of corporation and owners of wood to be kept posted in office. |
κ1875 Statutes of Nevada, Page 62 (CHAPTER 20)κ
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Owners of wood to file and record name, residence, place of business, and private mark. Owners private mark to be placed on all timber, etc. Limb or small wood to be measured.
Oath and certificate to be made.
Division of wood. |
recorded in the office of the Clerk of the county in which the office of such corporation may be kept, his or their name, residence, and place of business, and private mark to be used by such person or persons, which mark shall differ palpably and materially in form, figure, and design from any mark previously so placed on file as aforesaid, and shall thereafter stamp, impress, or hack the same on all timber, lumber, or wood belonging to him or them; provided, that any person intending or desiring to raft or drive and limb or small wood shall not be compelled to mark the same before putting it in the river, but shall have the same measured by some person appointed for that purpose by the corporation, who shall make oath before some Justice of the Peace, or other officer authorized to administer oaths, that he has measured said wood, stating the number of cords thereof, and thereupon the Justice of the Peace, or other officer administering the oath, shall issue to the party or parties a certificate, stating the name or names of the owner or owners, the number of cords of wood, the place where and the time when the same was put into the river. Said certificate shall be prima facie evidence of the facts therein stated. When the wood shall have been driven or rafted down to its destination, then a division shall be made on the basis of the certificates held by each of the parties or owners, and each owner or holder of such certificate shall receive his pro rata or share, and shall sustain his pro rata or share of loss on all the wood sunk or lost while being driven. |
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Employment of prisoners, power of the Board in relation thereto. Order of Board in such case. |
Chap. XXI.An Act to amend an Act entitled An Act to provide for the government of the State Prison of the State of Nevada.
[Approved February 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of said Act is hereby amended so as to read as follows: Section Ten. 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, either within or without the walls or inclosures of the State Prison, either in improvement of the public grounds or buildings, or for hire upon any private work or employment where they may be profitably employed, they shall have power to so employ or hire such labor; they shall in such 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. All such employment outside of the prison walls or inclosures shall be within a reasonable distance from the prison. |
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κ1875 Statutes of Nevada, Page 63κ
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Chap. XXII.An Act to amend an Act entitled An Act relating to marriage and divorce, approved November twenty-eighth, eighteen hundred and sixty-one.
[Approved February 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-two of said Act is hereby amended so as to read as follows: Section Twenty-two. Divorce from the bonds of matrimony may be obtained, by complaint under oath, to the District Court of the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes: First-Impotency at the time of the marriage continuing to the time of the divorce. Second-Adultery, since the marriage, remaining unforgiven. Third-Willful desertion, at any time, of either party by the other, for the period of one year. Fourth-Conviction of felony or infamous crime. Fifth-Habitual gross drunkenness, contracted since marriage of either party, which shall incapacitate such party from contributing his or her share to the support of the family. Sixth-Extreme cruelty in either party. Seventh-Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband, which he could not avoid by ordinary industry. Sec. 2. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
Divorce from bonds of matrimony, how obtained.
Grounds for divorce:
Impotency. Adultery. Desertion.
Infamy. Drunkenness.
Cruelty. Neglect to provide, etc.
Repeal of conflicting Acts. |
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Chap. XXIII.An Act relating to the transportation of indigent insane persons and convicts.
[Approved February 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The expense of transporting convicts and indigent insane persons from the various counties of the State, to the State Prison and Insane Asylum, shall constitute a charge upon the State, and shall be paid by the State Treasurer, on the Controllers warrant to be issued on the approval by the Board of State Prison Commissioners of the claim of the person having charge of the transportation of any such convict, |
Expenses of transporting State convicts and indigent insane to be a State charge. |
κ1875 Statutes of Nevada, Page 64 (CHAPTER 23)κ
|
Expense of transporting, how paid.
Defining the expenses to be paid under this Act.
Proviso. Upon appeal sustained further transportation to be at expense of county.
All persons awaiting transportation to be transported at same time. Repeal. |
ing charge of the transportation of any such convict, or by the Board of Examiners, of the claim of the person having charge of the transportation of any such indigent insane person; the expense of transporting convicts to be paid out of the appropriation for the support of the State Prison, and the expense of transporting indigent insane persons out of the appropriation for the support of the indigent insane. Sec. 2. The expenses to be paid under this Act shall be: First-The actual expenses of the officer in charge of the indigent insane person or persons, convict or convicts, in traveling to and from the State Prison or Insane Asylum. Second-The necessary expense of transporting the insane person or persons, convict or convicts, and the sum of eight dollars per diem to the officer in charge; provided, that in all cases where an appeal shall have been sustained by the Supreme Court, further transportation of the convict or convicts shall be at the expense of the county in which said convict or convicts were convicted, at the same per diem and expense as previously provided in this section. Sec. 3. The officer in charge shall transport at the same time all persons awaiting transportation, and the Board of State Prison Commissioners or Examiners shall not allow any extra expense incurred by the making unnecessary trips in transporting separately persons who might be transferred at the same time. Sec. 4. All Acts and parts of Acts, making other and different provisions for the transportation of convicts and indigent insane persons, are hereby repealed. |
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Jury, how drawn. |
Chap. XXIV.An Act to amend an Act entitled An Act to regulate proceedings [in civil cases] in the Courts of justice in this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine.
[Approved February 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and sixty-one of said Act is hereby amended so as to read as follows: Section One Hundred and Sixty-one. When the action is called for trial by jury, the Clerk shall prepare separate ballots containing the names of the jurors summoned who have appeared and not been excused, and deposit them in a box. He shall then draw from the box twelve names, and the persons whose names are drawn shall constitute the jury. If the ballots become exhausted before the jury is complete, or if for any cause a juror or jurors be excused or discharged, a sufficient number of additional jurors shall be drawn from the jury box and summoned as provided by law. The jury shall consist of twelve persons, unless the parties consent to a less number. |
κ1875 Statutes of Nevada, Page 65 (CHAPTER 24)κ
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of twelve persons, unless the parties consent to a less number. The parties may consent to any number not less than four. Such consent shall be entered by the Clerk in the minutes of the trial. If either party to the action shall, prior to its being set for trial, file and serve upon the opposite party an affidavit showing that property or money of more than the value of ten thousand dollars is involved in the controversy, together with a notice that he will demand a struck jury for the trial of the same, the Court shall at the time of setting the cause for trial, if it be satisfied that said amount or more is really involved, and if the party demanding such struck jury shall deposit a sufficient amount to pay the expenses of obtaining the same, make an order that the cause be tried by a special struck jury, which shall be obtained in the following manner: The Judge shall proceed forthwith to draw from the jury box a list of one hundred names of jurors therein contained, which list shall be opened to the inspection of either party at all proper times after being drawn. At a time to be appointed by the Court, not less than twenty-four hours after the completion of such list, the parties shall be required, in open Court, to strike from such list one name alternately, the plaintiff striking first, till there shall be but fifty names remaining. Such fifty remaining jurors shall thereupon be summoned, as provided by law, to appear in Court on the day fixed for the trial. They shall not be bound to attend unless when summoned they are paid or tendered their fees for one days attendance and mileage from their place of residence, if they demand it. When the venire is issued for said jurors, either party shall have the right, upon payment of his fees, to demand of the Clerk a duplicate of the venire, and he, or any citizen of the State in his behalf, may serve the same, which service shall have the same effect as if made by the Sheriff of the county. If on the day they are directed to attend, less than thirty jurors are in attendance, or if any of the jurors in attendance are for good cause or by consent of the parties excused by the Court, so as to reduce the number below thirty, the Court shall thereupon, if either party demand it, draw from the jury box an additional list of names, not less than double the number so deficient, who shall be summoned as herein provided to attend forthwith or on any day to which the trial may be adjourned; and this process shall be continued till there are at least thirty jurors for the parties to choose from; provided, that if any juror disobey the summons to attend, the Court shall, if either party demand it, compel his attendance by attachment before summoning additional jurors, unless the Court be satisfied that such attendance cannot be enforced within a reasonable time. When the attendance of not less than thirty jurors is secured, unless the parties consent to choose from a smaller number, said jurors may be sworn and examined by the parties on their voir dire, and after such examination, the plaintiff first and then the defendant, shall strike from the list one juror alternately till the number is reduced to twelve, or such less number as the parties may consent to, who shall be sworn to try the case; provided, that if there be an uneven number of jurors to be stricken off, |
Struck jury, how demanded.
Struck jury, how obtained.
Venire, how served.
Proviso.
Struck jury, how formed. |
κ1875 Statutes of Nevada, Page 66 (CHAPTER 24)κ
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Proviso.
Jury may decide in Court or retire.
Duty of officer in charge of jury.
Parties may appoint persons to remain with officer.
Repeal. |
there be an uneven number of jurors to be stricken off, the Court shall strike off the last one; and if at any stage of the proceedings a party unreasonably delays to strike off a juror in his turn, the Court shall strike for such party so delaying to strike. Sec. 2. Section one hundred and sixty-eight of said Act is hereby amended so as to read as follows: Section One Hundred and Sixty-eight. After hearing the charge, the jury may either decide in Court or retire for deliberation. If they retire, they shall be kept together in a room provided for them, or some other convenient place under charge of one or more officers, until they agree upon their verdict or are discharged by the Court. The officer shall, to the utmost of his ability, keep the jury separate from other persons. He shall not suffer any communication to be made to them, or make any himself, unless by order of the Court or Judge, except to ask them if they have agreed upon their verdict; and he shall not, before the verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon. Each party to the action may appoint one or more persons, one of whom on each side shall be entitled to remain with the officer or officers in charge of the jury, and to be present at all times when any communication is had with the jury, or any individual member thereof, and no communication, either oral or written, shall be made to or received from the jurors, or any of them, except in the presence of and hearing of such persons so selected by the parties; and in case of a written communication, it shall not be delivered till read by them. Sec. 3. All Acts or parts of Acts, inconsistent or in conflict with this Act, are hereby repealed. |
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Eureka County, boundary lines defined. |
Chap. XXV.An Act to define and establish the boundary lines of Eureka County.
The People of the State of Nevada, represented in [Senate and] Assembly, do enact as follows:
Section 1. The boundary lines of the County of Eureka are hereby defined and established as follows, to wit: Commencing at the northwest corner of Eureka County; running thence along the west boundary line of said Eureka County to the southwest corner of said county; thence east along the south boundary line of said county, to the southeast corner of said county; thence north along the east boundary line of said county, to the northwest corner of White Pine County; thence west to the one hundred and sixteenth (116) meridian; thence northerly to a point where the Central Pacific Railroad crosses the east boundary line of said Eureka County; thence north to the northeast corner of said Eureka County; thence west to the place of beginning. Sec. 2. The County Recorder of Elko County is hereby authorized and empowered, |
κ1875 Statutes of Nevada, Page 67 (CHAPTER 25)κ
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authorized and empowered, and it shall be his duty, to transcribe into suitable books, all the records in his custody appertaining or relating to or affecting the title to any property, situate within the portion of territory taken from the County of Elko and annexed to the County of Eureka, by virtue of the alteration and reestablishment of the boundary lines of said Eureka County, as described in section one of this Act. Said Recorder shall make suitable index to said record. Said transcript and index shall be made, as soon as practicable after the passage and approval of this Act, and, when completed, shall be delivered to the County Recorder of said Eureka County, and shall hereafter be kept in his office, and shall have the same force and effect as other county records. Sec. 3. The Recorder of Elko County shall be entitled to receive as compensation for the services hereby imposed, the same fees as now allowed by law for recording and indexing written instruments in his office. His claim for said compensation shall be allowed by the Commissioners of Eureka County, on completion and delivery of said transcript and index, and shall be paid as other claims against said county.
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Recorder of Elko County to make transcript of records.
Index to be made.
Transcript to be delivered to and kept by Recorder. Compensation of Recorder. To allow claim of Recorder for compensation.
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State of Nevada, Carson City, Senate Chamber, February 10th, 1875.
This is to certify that Senate Bill Number Two Hundred and Sixty-one, An Act to define and establish the boundary lines of Eureka County (passed at the sixth session of the Legislature), passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 17; nays, 6.
C. C. STEVENSON, President pro tem. C. N. NOTEWARE, Secretary of the Senate.
State of Nevada, Carson City, Senate Chamber, February 16th, 1875.
This is to certify that Senate Bill Number Two Hundred and Sixty-one, An Act to define and establish the boundary lines of Eureka County (passed at the sixth session of the Legislature), passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 36; nays, 13.
H. H. BECK, Speaker of the Assembly pro tem. J. M. WOODWORTH, Assistant Clerk of the Assembly. |
Certificate.
Certificate. |
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κ1875 Statutes of Nevada, Page 68κ
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Corporate powers, by whom exercised.
Annual election of Trustees.
Vacancies, how filled.
Petition for removal of officers.
Notice of meeting to remove officers.
Publication of notice.
Secretary to be appointed. |
Chap. XXVI.An Act to amend an Act entitled An Act to provide for the formation of corporations for certain purposes, approved March tenth, eighteen hundred and sixty-five.
[Approved February 17, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act, of which this Act is amendatory, is hereby amended so as to read as follows: Section Five. The corporate powers of the corporation shall be exercised by a Board of not less than three Trustees-who shall be stockholders in the company-who shall, before entering upon the duties of their office, respectively, take and subscribe to an oath, as prescribed by the laws of this State, and who shall, after the expiration of the term of the Trustees first elected, be annually elected by the stockholders, at such times and place within the State, and upon such notice, and in such manner as shall be directed by the by-laws of the company; but all elections shall be by ballot, and each stockholder, either in person or by proxy, shall be entitled to as many votes as he or she may be entitled to represent, by proxy, shares of stock; and the person or persons receiving the greatest number of votes shall be Trustee or Trustees. Whenever any vacancy shall happen among the Trustees by death, resignation, or otherwise, except by removal and the election of his successor, as herein provided, it shall be filled by appointment of the Board of Trustees. On petition of the stockholders holding the majority of the stock actually issued by any corporation formed under this Act, to the District Judge of the district where said corporation has its actual place of business, verified by the signers, to the effect that they are severally the holders of, to the number of shares set opposite their signatures to the foregoing petition, the District Judge shall issue his notice to the stockholders of said company, that a meeting of the stockholders will be held at the Court-room of the District Court, in the county in which is said principal place of business, stating the time, not less than five nor more than ten days after the first publication of said notice, and the object to be taken into consideration, the removal of officers of said company; which notice, signed by the said District Judge, shall be published daily, in a daily newspaper published in said county, for at least five days before the time for the meeting; or, if there be no daily newspaper published in said county, then in such manner as the District Judge shall direct. At the time appointed by said notice, the said District Judge shall appoint a Secretary of the meeting, and shall thereupon hear the proofs of those claiming to be stockholders in said corporation; and only those showing a right to vote, or their proxies, shall take part in the further proceedings. Said Judge shall decide who are entitled to vote, in a summary way, and his decision shall be final. If it appears, at the time appointed, or within one hour thereafter, holders of less than one half the whole number [of] shares actually issued, |
κ1875 Statutes of Nevada, Page 69 (CHAPTER 26)κ
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tually issued, or their proxies, are present, the meeting shall be dissolved; but if the holders of more than one half the shares actually issued, or their proxies, are present, they shall proceed to vote, the Secretary calling the roll, which he shall prepare by setting down the names of persons held to be entitled to vote, and the number of shares held by each, and such persons voting yea or nay, as the case may be; the Secretary shall enter the same upon his list, and, when he has added up the list and stated the result, he shall sign the same and hand it to the Judge, who shall declare the result. If the result of the vote is that the holders of a majority of all the shares of the company actually issued, or their proxies, are in favor of the removal of one or more of the officers of the company, the meeting shall then proceed to ballot for officers to supply the vacancies thus created. Tellers shall be appointed by the Judge, who shall collect the ballots and deliver them to the Secretary, who shall count the same in open session, and, having stated the result of the count, in writing, shall sign the same and hand it to the Judge, who shall announce the result to the meeting. The Judge shall thereupon issue to each person chosen a certificate, stating that, from the date of such meeting until the next annual election, unless removed under the provisions hereof, he is entitled to exercise and fill the office to which he is chosen; and shall indorse upon, or annex to said petition, a report of the proceedings of said meeting; and an order, requiring that all books, papers, and all property and effects of said corporation, be immediately delivered to the officers elect, and shall sign the same and file it with the Clerk of his Court; and thereafter, any disobedience to said order may be punished as other contempts of Court, and obedience thereto may be enforced by the Court of said district. The District Judge shall preside at said meeting, and put to vote such proper motions as he may be requested to submit to the meeting. In deciding any controverted question that may arise, he shall have the power to administer oaths and take testimony, either orally or by ex-parte affidavits. For all the services in these proceedings the County Clerk shall receive twenty dollars. Sec. 2. This Act shall take effect immediately. |
More than a majority of stock requisite to transact business.
How vacancies caused by removal shall be filled.
Tellers to be appointed.
Certificate of election to be issued by Judge.
Report of proceedings of meeting.
District Judge to preside at meeting.
Act to take effect. |
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Chap. XXVII.An Act for the relief [of] Matthew Rinckle.
[Approved February 17, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twelve hundred and twenty-six dollars ($1,226) is hereby appropriated out of any moneys in the General Fund of this State, not otherwise appropriated by law, or which may come into said General Fund, for the payment of the claim of Matthew Rinckle, for meats furnished to the State Prison. |
Appropriation. |
κ1875 Statutes of Nevada, Page 70 (CHAPTER 27)κ
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Controller to draw warrant, etc. |
the claim of Matthew Rinckle, for meats furnished to the State Prison. Sec. 2. The Controller of State is hereby directed to draw his warrant, in favor of the said Matthew Rinckle, for said amount, and the State Treasurer is hereby directed to pay the same. |
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Controller to prepare receipts for personal property tax.
Controller to issue receipts, when. County Auditor to receipt therefor, etc.
County Assessor to make sworn return and file original schedules.
Neglect of Assessor to report made misdemeanor. Penalty.
County Auditor to report neglect of Assessor to District Attorney. |
Chap. XXVIII.An Act more fully defining the manner of collecting the taxes on movable personal property by the Assessor.
[Approved February 18, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is made the duty of the State Controller to prepare suitable blank receipts, to be issued by the several County Assessors on the payment to them of the taxes on movable personal property. Such blank tax receipts shall be of the form selected by the Controller, and shall be consecutively numbered by him for each county, and shall be countersigned by the County Auditor. Sec. 2. On or before the first of April in each year, the State Controller shall transmit to the several County Auditors a sufficient number of said blank tax receipts for use in each county. The County Auditor, on receiving such tax receipts, shall receipt to the Controller for the number so received and shall immediately countersign and deliver them to the County Assessor, taking his receipt for the number so delivered. Sec. 3. It is hereby made the duty of the County Assessor, on the first Monday of each month, at the time of his returning a sworn list of all collections of taxes on movable personal property to the Auditor, as now provided by law, to also return all the original schedules of assessment of such property made the previous month, which schedules, after comparing with the sworn list of collections, the Auditor shall file in his office, and shall enter upon the assessment roll of his county for that year, when the same shall come into his hands. Sec. 4. Should the County Assessor neglect or refuse to make the monthly statement of his collections of movable personal property tax as now required by law, or to file the original schedules of his assessments of such property as required by this Act, he shall be guilty of a misdemeanor in office, and shall, on conviction, be liable to a fine of not less than one hundred dollars or more than five hundred dollars, and imprisonment in the County Jail for not less than ten and not more than one hundred days, or both such fine and imprisonment, and shall be removed from office. In case of such neglect and refusal, the County Auditor shall immediately inform the District Attorney of his county of such facts, whose duty it is hereby made to commence proceedings against the Assessor under this Act. |
κ1875 Statutes of Nevada, Page 71 (CHAPTER 28)κ
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Sec. 5. Should the County Assessor give any other receipt on the payment to him of any tax on movable personal property than that provided for in this Act, he shall be guilty of a felony, and on conviction thereof, shall be punished by imprisonment in the State Prison for a term of not less than one year or more than five years, and shall be removed from office. Sec. 6. The County Auditor shall be liable on his official bonds for double the amount of the loss that the State and county may sustain through the defalcation of the Assessor, or otherwise, in cases where he has not notified the District Attorney of the neglect or the refusal of the Assessor to make his monthly statement, under oath, of collection of the tax on movable personal property, as required by law. The State Controller shall have direction and control of all suits brought against the County Auditor under this Act; and a copy of the statement of amount lost by the State and county made out and certified by the Controller, with the official seal affixed thereto, shall be sufficient evidence to support an action in any Court of competent jurisdiction for the amount of such loss, without proof of the signature or official character of such Controller; subject, however, to the right of the defendant to plead and give in evidence as in other actions, all such matters as shall be legal and proper for his defense or discharge. All moneys recovered under such suit against the County Auditor, shall go, one half into the General Fund of the State, and one half into the General Fund of the county. Sec. 7. On the first Monday in December of each year, the Assessor shall return to the County Auditor all blank receipts for taxes on movable personal property, received by him and not used, and also, all stubs of the receipts used; and the County Auditor, after comparing the stubs of the receipts used with the monthly sworn statement made by the Assessor, and the original schedules of assessment of movable personal property on file in his office, shall immediately return such unused receipts and said stubs to the State Controller. |
Issuance of other receipt made felony. Penalty.
Liability of County Auditor failing to report defalcation.
Controller to have control of suit against Auditor, etc.
Disposition of moneys recovered.
County Assessor to return unused receipts, etc., when. County Auditor, duty of. |
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Chap. XXIX.An Act to reduce the rate of State taxation.
[Approved February 18, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January first, eighteen hundred and seventy-five, and annually thereafter, an ad valorem tax of ninety cents upon each one hundred dollars value of taxable property, is hereby levied, and directed to be collected and paid for State purposes, upon the assessed value of all taxable property in this State, including the proceeds of mines and mining claims, except such property as is by law exempt from taxation. On all property, other than the proceeds of the mines, |
Rate of State tax. |
κ1875 Statutes of Nevada, Page 72 (CHAPTER 29)κ
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State tax, how apportioned.
Tax on proceeds of mines, how apportioned.
Conflicting Acts repealed. |
of the mines, forty-two and one half (42 1/2) cents of the tax shall go into the General Fund of the State; twenty-five (25) cents of the tax shall go into the Territorial Interest and Sinking Fund; five (5) cents of the tax shall go into the State Interest and Sinking Fund; twelve and one half (12 1/2) cents shall go into the State Building Fund; and five (5) cents shall go into the General School Fund of the State. Of the tax levied on the proceeds of the mines and mining claims, seventy-two and one half (72 1/2) cents shall go into the General Fund of the State; twelve and one half (12 1/2) cents shall go into the State Building Fund, and five (5) cents into the General School Fund of this State. Sec. 2. All Acts and parts of Acts, levying a tax for State purposes, so far as they conflict with the provisions of this Act, are hereby repealed. |
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Nevada Reports, publication of.
Clerk of Supreme Court to prepare decisions, etc., for publication.
Clerk may employ attorney, etc.
Clerk appointed Commissioner to contract, etc. Title and style of Reports. |
Chap. XXX.An Act to provide for the publication and distribution of Nevada Reports.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The decisions of the Supreme Court of the State of Nevada shall be published in volumes of the size, as nearly as may be, of the volumes heretofore published, and containing not less than five hundred pages. Sec. 2. The Clerk of the Supreme Court shall prepare such decisions for publication, by giving the title of each case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided (when the same are not sufficiently stated in the opinion), the names of the counsel, and a reference to such authorities as are cited and have a special bearing on the case; and it shall be the further duty of said Clerk to prepare a full and comprehensive index to each volume of said decisions. Said Clerk may, in his discretion, employ a competent attorney to assist him in the preparation of said decisions, who shall be allowed a reasonable compensation for his services, not to exceed the sum of seven hundred dollars for each volume. Sec. 3. The Clerk of the Supreme Court is hereby appointed a Commissioner to contract, for and on behalf of the State, with some competent and responsible person or firm, for the printing and publishing of each volume of Reports thus prepared by him. Sec. 4. The title to each volume shall be Nevada Reports; which title, together with the name of the Reporter and the number of the volume, shall be printed on the back of each book. Sec. 5. It shall be the duty of said Commissioner to cause an advertisement to be inserted in one daily newspaper in the City of Carson, |
κ1875 Statutes of Nevada, Page 73 (CHAPTER 30)κ
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City of Carson, and in one daily newspaper in the City of Virginia, and one daily newspaper in the City of San Francisco, for the period of thirty days, beginning on the first day of April, eighteen hundred and seventy-five, which advertisement shall invite sealed proposals for the printing and publication of the decisions of the Supreme Court of the State of Nevada, and shall explicitly state the terms of the contract to be awarded. All proposals submitted to the Commissioner under the provisions of this Act shall state the character of the paper and binding to be used, and the price to be paid for each volume, and the time for which the person or firm submitting the proposal is willing to continue the publication of said decisions upon the terms herein provided; said contract to be approved by at least two of the Judges of the Supreme Court. Sec. 6. On the first Monday in May, eighteen hundred and seventy-five, after the expiration of the thirty days aforesaid, it shall be the duty of the said Commissioner to cause to be opened, in the presence of any or all of the persons submitting proposals who may so desire, all of the sealed proposals received by such Commissioner, and within one week thereafter he shall award the contract to the lowest competent and responsible bidder, for a term of not less than five nor more than eight years. Such contract shall require the publisher to print each volume on good calendered book paper, and to bind the same in the best law sheep, and shall require the publisher to issue each volume within ninety days after the manuscript for the same is delivered by the Commissioner to said publisher. Sec. 7. The proof sheets of said Reports, during the progress of their publication, shall be submitted to the Justices of the Supreme Court and receive their approval, and every claim for sums of money alleged to be due the publisher under the contract provided for in this Act, shall be accompanied by a certificate of the Justices of the Supreme Court, or a majority thereof, that the volumes for which payment is required are printed and published in accordance with the terms of the contract; and no claim for the publication of said Reports shall be allowed or paid except the same be accompanied by the certificate aforesaid. Sec. 8. The publisher shall agree to sell six hundred copies of each of said volumes of Reports to the State at the price stipulated in the contract, said price not to exceed three dollars per volume, and to keep on hand and for sale, at the price fixed in the contract, a sufficient number of copies of each volume to supply all demands for eight years from the publication thereof; and said publisher shall give bond for the fulfillment of the terms of the contract, in the sum of ten thousand dollars, which bond shall be filed with said Clerk of the Supreme Court, and approved by the Justices of the Supreme Court, or a majority thereof. Sec. 9. On the publication of each volume of said Reports, the Secretary of State shall purchase of said publisher, for the use of the State, six hundred copies thereof, and distribute the same in the manner following: To each State and Territory, one copy; |
Advertisement inviting proposals, etc.
Approval of contract.
Bids, how and when opened.
Term of contract.
Justices of Supreme Court to examine proofs and certify payments.
Price of Reports, etc.
Bond to be given by publisher.
Secretary of State to purchase Reports. |
κ1875 Statutes of Nevada, Page 74 (CHAPTER 30)κ
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Distribution of Reports.
Reports distributed to officers to be for use of office, etc.
Repeal. |
one copy; to each of the heads of departments at Washington, one copy; to the library of Congress, two copies; to each of the Judges of the United States Circuit and District Courts in the States of Nevada, California, and Oregon, one copy; to the Nevada State Library, two copies; to each State officer, Justice of the Supreme Court, District Judge, District Attorney, County Clerk, and Justice of the Peace in this State, one copy; to the Clerk of the Supreme Court, one copy; and to each public library and literary association within this State, one copy. He shall also distribute said Reports to such literary and scientific institutions, publishers, and authors, as in his opinion may secure an interchange of works which may properly be placed in the State Library. The remaining copies shall be kept in the office of the Secretary of State, for the use of the Legislature when in session. All reports distributed to State, district, and other officers in this State, shall be for the use of the office, and shall be, by the person receiving the same, turned over to his successor in office; and the Secretary of State shall take proper receipts for such Reports. Sec. 10. An Act entitled An Act to provide for the publication of the decisions of the Supreme Court of the State [of] Nevada, approved March thirteenth, A. D. eighteen hundred and sixty-seven, and all other Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
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Chap. XXXI.An Act to amend an Act entitled An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and the Acts amendatory thereof; and providing for levying and collecting revenue for county purposes, and further prescribing the powers and duties of the Board of County Commissioners of the several counties of this State relative thereto, approved April second, eighteen hundred and sixty-seven.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of this Act entitled An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and the Acts amendatory thereof, and providing for levying and collecting revenue for county purposes, and further prescribing the powers and duties of the Board of County Commissioners of the several counties of this State relative thereto, approved April second, eighteen hundred and sixty-seven, is hereby amended so as to read as follows: Section One. The Board of County Commissioners of the several counties of this State, in addition to their other powers and duties, |
κ1875 Statutes of Nevada, Page 75 (CHAPTER 31)κ
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and duties, are hereby authorized and empowered to levy, and cause to be collected and paid in the manner provided by law for the assessment and collection of taxes for State purposes, an ad valorem tax for county purposes not exceeding the sum of one hundred and fifty cents on each one hundred dollars value of all taxable property in the county, including the proceeds of mines and mining claims. |
County Commissioners authorized to levy and collect an ad valorem tax for county purposes. |
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Chap. XXXII.An Act to amend an Act entitled An Act amendatory of, and supplementary to, an Act entitled An Act to amend an Act entitled An Act amendatory of, and supplementary to, an Act of the Legislative Assembly of [the] Territory of Nevada entitled An Act to incorporate the City of Austin, approved February twentieth, A. D. eighteen hundred and sixty-four, approved March eighth, eighteen hundred and sixty-five, approved February twenty-seventh, A. D. eighteen hundred and sixty-six.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended to so as to read as follows: Section Two. The City of Austin is hereby divided into two wards, whose boundaries shall be as follows: The First Ward shall embrace all that portion of the city west of a line running northeast and southwest from the southerly boundary of said city to its northerly boundary; said line passing through the point known as Virginia street. The Second Ward shall extend from the eastern boundary of the First Ward to the eastern boundary of the city. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. The officers of the City of Austin shall be a Mayor, three Aldermen from the First Ward, three Aldermen from the Second Ward, a City Attorney, and such other officers as hereinafter authorized to be appointed by the Common Council. The above officers shall be elected by the qualified voters of each ward in the city, and shall hold their offices for a term of one year, and until their successors are elected and qualified. Each ward shall elect their own Aldermen. Sec. 3. Section five of said Act is hereby amended so as to read as follows: Section Five. No person shall be eligible to the office of Mayor, Alderman, or City Attorney, who is not a qualified elector of the State of Nevada, or who has not been a resident of said city for at least six months preceding the election; and no person shall be entitled to vote for any city officer in any ward except the ward in which he resides. |
Wards established First Ward
Second Ward.
Offices created.
Election and terms of officers.
Qualifications of electors and officers |
κ1875 Statutes of Nevada, Page 76 (CHAPTER 32)κ
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General election, when holden.
Common Council to appoint Inspectors, etc.
Clerks of Election, and duties of. Canvass of votes.
Statement, etc.
Common Council to declare result and issue certificates.
Officers, when to qualify.
Office, when deemed vacant. |
Sec. 4. Section seven of said Act is hereby amended so as to read as follows: Section Seven. The general election for Mayor, Aldermen, and City Attorney, shall take place on the last Monday in April of every year, commencing with the last Monday of April, in the year of our Lord one thousand eight hundred and seventy-five. The Common Council of said city shall, for each election, appoint two Inspectors of Election in each ward, and designate the place for opening the polls. All the provisions of law in force regulating elections, so far as the same are consistent with the provisions of this Act, shall apply to the election of city officers, by the voters of said city. The Inspectors of each ward shall appoint two Clerks, whose duty it shall be to take down, in writing, the name of each voter as his vote is deposited. After the polls shall have been closed, it shall be the duty of the inspectors and Clerks of each ward to proceed immediately and canvass the votes cast at each ward, which canvass shall be in public. Within three days after each election, the Inspectors and Clerks of each ward shall deliver, to the person who shall have received the highest number of votes in each ward for Aldermen, a certificate of his election to said office. At every annual election the Inspectors and Clerks in each ward shall, immediately after the votes are counted, make out a statement of the number of votes cast in each ward for the office of Mayor, Alderman, and City Attorney, and the number of votes cast for each person to fill said offices, respectively, which statement shall be verified by them, under oath, to be correct. They shall also carefully seal up the votes and poll list, and direct the same to the Common Council of said city. It shall be the duty of the Clerk of such Election Board to deliver such sealed package and said certified statement to the Clerk of the Common Council, within three days after any election shall have been held. On the Saturday next after such election shall have been held, the Common Council shall proceed to ascertain, from said certified statement, what persons have received the highest number of votes in said city, for the office of Mayor, Alderman, and City Attorney, and a certificate of election shall be issued by the Clerk, under their direction, to the persons who shall have received the highest number of votes for each of said offices, respectively. The Clerk of the Common Council shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 5. Section eight of said Act is hereby amended so as to read as follows: Section Eight. The Mayor, Aldermen, and City Attorney, chosen at any election, shall be qualified and enter upon the discharge of their duties within one week after being notified of their election; and any officers appointed by the Common Council shall be qualified and enter upon the discharge of their duties within one week after their appointment. If any person chosen for office at any election, or who shall be appointed to office by the Common Council, shall fail to qualify, as above required, the office for which he shall have been chosen or appointed shall be deemed vacant. |
κ1875 Statutes of Nevada, Page 77 (CHAPTER 32)κ
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pointed shall be deemed vacant. All city officers, before entering upon the discharge of their duties, shall take the usual oath of office. Sec. 6. Section eleven of said Act is hereby amended so as to read as follows: Section Eleven. The Common Council shall meet on the first Tuesday after the election, and every two weeks thereafter during the year; and at such other times as they may, by adjournment or resolution, shall direct. The Mayor may call special meetings at any time he may think proper, by causing a written notice of such special meeting to be served upon each member of the Common Council. At all meetings of the Common Council the Mayor, when present, shall preside. Sec. 7. Section twenty nine of said Act is hereby amended so as to read as follows: Section Twenty-nine. The Common Council shall, each year, within one month after the annual election, elect by ballot, a Marshal, who shall be ex officio City Collector and Chief of Police; a City Clerk, who shall be ex officio City Assessor and Clerk of the Common Council; and a Treasurer, who shall hold their respective offices for a term of one year from the annual election, and until their successors are elected and qualified, unless they shall be previously removed for official misconduct. Sec. 8. This Act shall take effect from and after the last Monday in April, in the year of our Lord one thousand eight hundred and seventy-five. Sec. 9. All Acts and part of Acts, in conflict with this Act, are hereby repealed. |
Oath of office.
Meetings of Common Council.
Special meetings. Mayor to preside.
Officers to be elected by Council.
Terms of.
Act to take effect. |
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Chap. XXXIII.An Act granting the right of way for a railroad from the mines of the Virginia City Coal Company, Lyon County, to Virginia City, Nevada, and intermediate points.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Michael Lynch, James Kelley, and R. M. Daggett, their associates and assigns, are hereby granted the right of way for the construction of a railroad, with such gauge and of such materials as they may determine, from the coal mines, in Lyon County, of the Virginia City Coal Company, a corporation doing business in and under the laws of the State of Nevada, to Virginia City and intermediate points, or from said coal mines, to connect with the road of the Virginia and Truckee Railroad Company, or with such point or points, by the nearest practicable route between said coal mines and Virginia City, as the grantees may determine. Sec. 2. It shall be the duty of the grantees herein named to make and complete the survey of said route before the first day of January, eighteen hundred and seventy-six, or of such part or parts thereof to which said road shall be extended; and said grantees, their associates and assigns, shall complete all of such road which they may deem advisable to construct for the transportation of coal from said coal mine, within two years from the passage of this Act. |
Right of way.
Survey of route. |
κ1875 Statutes of Nevada, Page 78 (CHAPTER 33)κ
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Time limited for construction of road
Grant of same rights as conferred by general laws.
Grantees of Act may form corporation or transfer franchise.
Certificate.
Certificate. |
grantees, their associates and assigns, shall complete all of such road which they may deem advisable to construct for the transportation of coal from said coal mine, within two years from the passage of this Act. Sec. 3. To the grantees herein named, their associates and assigns, are extended all the rights, privileges, and franchises relating to rights of way, depots, acquiring and using property, etc., which are granted to railroad corporations under the general railroad laws of the State of Nevada. Sec. 4. At any time within two years after the passage of this Act, the grantees herein named, their associates and assigns, may form themselves into an incorporation, under the general laws of the State, or may transfer the rights, privileges, and franchises herein granted to the said Virginia City Coal Company. ___ State of Nevada, Carson City, Senate Chamber, February 17th, 1875.
This is to certify that Senate Bill Number Twenty-nine, returned this day with the objections of the Governor thereto, passed the Senate this day, on reconsideration, notwithstanding the objections of the Governor, by the following vote: Yeas, 21; nays, 1.
C. C. STEVENSON, President pro tem. C. N. NOTEWARE, Secretary of the Senate.
State of Nevada, Carson City, Senate Chamber, February 20th, 1875.
This is to certify that Senate Bill Number Twenty-nine, has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: Yeas, 45; nays, 2. W. C. DOVEY, Speaker of the Assembly. J. M. WOODWORTH, Assistant Clerk of the Assembly. |
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Terms of Court. |
Chap. XXXIV.An Act to amend an Act entitled An Act to redistrict the State of Nevada, approved March seventh, eighteen hundred and seventy-three.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above named Act is hereby amended so as to read as follows: Section Two. 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, April, and September; in the County of Ormsby, on the first Monday of February, June, and November; provided, that the first term to be held in Ormsby County shall commence on the first Monday of March, A. |
κ1875 Statutes of Nevada, Page 79 (CHAPTER 34)κ
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Monday of February, June, and November; provided, that the first term to be held in Ormsby County shall commence on the first Monday of March, A. D. eighteen hundred and seventy-five; in the County of Douglas, on the first Monday of 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 first Monday of June and December. In the Ninth District-On the third Monday in February, June, and October; provided, that this Act shall not take effect in the Eighth District (Esmeralda County) till the third Monday of May, A. D. eighteen hundred and seventy-five; and in the Ninth District (Elko County) it shall not take effect till the third Monday of June, A. D. eighteen hundred and seventy-five. |
Act to tak effect. |
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Chap. XXXV.An Act to amend an Act entitled An Act to regulate and make effectual the power of the Governor, Justices of the Supreme Court, and Attorney General, to remit fines and forfeitures, commute punishments, and grant pardons after convictions, approved February eighth, eighteen hundred and sixty-seven.
[Approved February 20, 1875.]
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. Any person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or some one in his behalf, shall make out duplicate copies of notices in writing of such application, specifying therein the Court in which the judgment was rendered, the amount of the fine or forfeiture, or kind or character of punishment, the name of the person in whose favor the application is to be made, the particular grounds upon which the application will be based, and the time when it will be presented, one of which he shall serve on the District Attorney and one on the District Judge for the county where the conviction was had; provided, in cases of fines and forfeitures a similar notice shall also be served on the Chairman of the Board of County Commissioners. The notice shall be served as herein provided, at least thirty days prior to the presentation of the application, unless a member of the Board of Pardons, for good cause, prescribe a shorter time. |
Pardons or remission of fines or forfeitures.
Notice to Board of County Commissioners. |
κ1875 Statutes of Nevada, Page 80 (CHAPTER 35)κ
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Service of notice.
Duty of Judge, etc., receiving notice of application for pardon, etc.
Member of Board may administer certain oaths.
False oath, etc., made perjury.
Penalty.
Restoration to citizenship and commutation of death penalty. |
thirty days prior to the presentation of the application, unless a member of the Board of Pardons, for good cause, prescribe a shorter time. When a pardon is granted for any offense committed, such pardon may or may not include restoration to citizenship. If the pardon include restoration to citizenship, it shall be so stated in the instrument or certificate of pardon; and when granted upon conditions, limitations, or restrictions, the same shall be fully set forth in the instrument as aforesaid. Such instrument or certificate shall also contain an order to the officer having the person in custody to discharge him or her from such custody, upon a day to be named in said instrument, upon the conditions, limitations, or restrictions therein named. Sec. 2. It shall be the duty of all District Judges, attorneys, and County Commissioners receiving notice of an application for a pardon, commutation, or remission of punishment, or fine or forfeiture, to transmit forthwith to the Board of Pardons a statement in writing of all matters within their knowledge affecting the merits of such application. Sec. 3. Any member of the Board of Pardons shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for a pardon, or the commutation of a punishment, or the remission of a fine or forfeiture; and any District Judge, County Clerk, or Notary Public may take and certify affidavits and depositions to be used upon such applications, either for or against the same. Sec. 4. Every person having taken a lawful oath or made affirmation in an application to the Board of Pardons for a pardon or commutation of punishment, or the remission of a fine or forfeiture, who shall swear or affirm willfully, corruptly, and falsely in any matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury, or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. Sec. 5. No notice shall be required of an application for a restoration to citizenship to take effect at the expiration of a term of imprisonment, or for the commutation of the death penalty. |
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Chap. XXXVI.An Act to detach a portion of the territory of Nye County from said county and to attach the same to Lincoln County.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following described territory, now a portion of Nye County, Nevada, is hereby detached from said Nye County and is hereby attached to and made a part of Lincoln County, |
κ1875 Statutes of Nevada, Page 81 (CHAPTER 36)κ
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County, Nevada, to wit: All that territory embraced within the following boundaries: Commencing on the north line of Lincoln County, at a point where the one hundred and fifteenth parallel of longitude crosses said line; thence due north forty-five miles, more or less, to a point due west of the north line of A. Prairies farm (northeast of Patterson Station); thence from said point west of A. Prairies farm due east fifty-one miles, more or less, to the east line of the State; thence south along said State line forty-five miles, more or less, to the present north line of Lincoln County; and thence west along the said north line of Lincoln County to the place of beginning. Sec. 2. All suits now pending in the District Court in and for Nye County, which in any way appertain to property, real, personal, or mixed, situate within the territory hereby detached from said Nye County and attached to Lincoln County, and all actions for the recovery of any debt between citizens now living within the boundaries of the said territory detached from Nye County, shall, within twenty days from the date of the approval of this Act, be, by the County Clerk of said Nye County, duly and legally transferred and certified to the Clerk of Lincoln County, together with all papers and documents pertaining to the same, which shall be by said Clerk of Lincoln County filed in his office and entered in the calendar of the District Court in and for Lincoln County, at the first term thereof after the receipt of the same; provided, where both the plaintiff and defendant to any suit, residing within the limits of the said territory hereby detached from Nye County, pending in the District Court in and for Nye County, shall file with the County Clerk of Nye County, prior to the twenty days above mentioned, a statement consenting or requesting that the suit to which they are parties may be determined in said District Court in Nye County, then, and not otherwise, said suit or suits shall not be transferred, as herein provided. And any suit or suits transferred, as herein provided, from the said District Court in and for Nye County to the District Court in and for Lincoln County, shall be heard, tried, and determined, in all respects, as though originally commenced in said last mentioned Court. Sec. 3. The County Recorder of Nye County is hereby authorized and empowered, and it shall be his duty to transcribe into suitable books all the records in his custody pertaining or relating to or affecting the title to any property situated within the limits of the territory hereby detached from said Nye County, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage and approval of this Act (and within sixty days after the passage and approval of the same), and, when completed, shall deliver the same to the County Recorder of Lincoln County, and they shall thereafter be kept in his office, and shall be, for every purpose, of the same force and effect as other county records. The Recorder of Nye County shall be entitled to receive, as compensation for the services hereby imposed, one half of the fees now allowed by law for recording and indexing written instruments in his office. His claims for said compensation shall be allowed, upon presentation, by the County Commissioners of Lincoln County, on the completion and delivery of said transcript and index, and be paid as other claims against said county. |
Territory detached from Nye County and attached to Lincoln County.
Transfer of pending suits and actions.
Suits retained, upon consent filed, etc.
Recorder of Nye County to make transcript.
Compensation. |
κ1875 Statutes of Nevada, Page 82 (CHAPTER 36)κ
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Taxes, how collected.
Debt of Nye County.
Act to take effect. |
sation shall be allowed, upon presentation, by the County Commissioners of Lincoln County, on the completion and delivery of said transcript and index, and be paid as other claims against said county. Sec. 4. The taxes levied upon the property situated within the limits of the territory hereby detached from Nye County, for the year A. D. eighteen hundred and seventy-four, shall be collected by Nye County and paid into the Treasury of said county, the same as though this Act had not been passed. Sec. 5. Lincoln County shall pay to Nye County such proportion of the whole present debt of Nye County as the taxable property in the territory above described bears to the whole taxable property of Nye County, as shown on the assessment roll of Nye County for the year A. D. eighteen hundred and seventy-four. Said payment to be made in gold coin within one year from the approval of this Act, out of a special fund, to be created by the Board of County Commissioners of Lincoln County, for the payment of said debt. Sec. 6. This Act shall take effect and be in force from and after its approval. |
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Powers Board of Aldermen. Ordinances
Taxes. |
Chap. XXXVII.An Act to amend an Act entitled An Act to amend an Act entitled An Act to incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto, approved March fourth, eighteen hundred and sixty-five, approved February twenty-fourth, eighteen hundred and sixty-six, and to repeal section eight of an Act entitled An Act to restrict gaming, passed March fourth, A. D. eighteen hundred and sixty-nine.
[Approved February 20, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section One. Section seventeen of An Act to incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto, approved March fourth, eighteen hundred and sixty-five, is hereby amended so as to read as follows: Section Seventeen. The Board of Aldermen shall have power: First-To make by-laws and ordinances, not repugnant to the Constitution or laws of the United States or of the State of Nevada. Second-To levy and collect taxes on all property within the city, both real and personal, made taxable by law for State or county purposes, which tax shall not exceed in the aggregate one per cent. per annum upon the assessed value of all such property, and to use the labor of the prisoners imprisoned in the City Jail in such manner as they may deem proper; provided, that nothing in this subdivision shall be so construed as to authorize said Board to establish a chain-gang within the limits of said city. |
κ1875 Statutes of Nevada, Page 83 (CHAPTER 37)κ
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the City Jail in such manner as they may deem proper; provided, that nothing in this subdivision shall be so construed as to authorize said Board to establish a chain-gang within the limits of said city. Third-To lay out, extend, and alter the streets and alleys, provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and to condemn property for the public use, in the following manner: the Board of Aldermen shall appoint one referee, and the owner or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees with regard to the valuation of the property appraised by them shall be the decision of all. Any person aggrieved by the decision of such referees may appeal from the same to the District Court of the First Judicial District, at any time within thirty days from the rendition thereof. Fourth-To provide for the prevention and extinguishment of fires; also, to organize a fire department, regulate, establish, and disband fire companies. Fifth-To regulate the storage of gunpowder and other explosive or combustible materials. Sixth-To prevent and remove nuisances; also to determine what are nuisances. Seventh-To create and establish a city police and jailers, to prescribe their duties and compensation, and provide for the regulation and government of the same; but the pay of the regular policemen and jailers employed at any one time shall not exceed the sum of ten thousand dollars per annum. Eighth-To fix and collect a license tax on and regulate all theaters and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license tax on and regulate all taverns, hotels, and restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables and livery stable keepers, express companies, and persons engaged in the business of transmitting letters or packages, and stage companies or owners, whose place of business is in said city or who shall have an agency therein; to license and regulate auctioneers and stock brokers; to license, tax, and regulate, prohibit and suppress all tippling houses, dram shops, raffles, hawkers, peddlers and pawnbrokers, refreshment or coffee stands, booths and sheds; also, to license, tax, and regulate all gaming, games of chance, banking games, and gambling houses; to prohibit, suppress, or regulate disorderly houses and houses of ill-fame; also to confine houses of ill-fame within certain limits; to fix and collect a license tax upon all professions, trades, or business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed. Ninth-To provide for all necessary public buildings for the use of the city. |
Streets and alleys.
Condemnation of property.
Appeal.
Prevention, etc., of fires. Storage of gunpowder, etc. Nuisances. Police.
Licenses.
Regulation of gaming, houses of ill-fame, etc.
Public buildings. |
κ1875 Statutes of Nevada, Page 84 (CHAPTER 37)κ
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Health.
Public peace.
Fines and penalties.
To compel attendance of members, etc.
City contracts.
Repeal. |
Tenth-To establish a Board of Health to prevent the introduction and spread of disease. Eleventh-To prevent and restrain any riot or riotous assembly or disorderly conduct within said city. Twelfth-To fix and prescribe the punishment for the breach of any city ordinance; but no fine shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed of more than six months. Thirteenth-To compel the attendance of absent members, to punish members for their disorderly conduct, and to expel members for cause by a vote of three fourths of its members elected; and also to fill all vacancies occurring in their own number or in the office of any city officer mentioned in this Act. Fourteenth-To make all necessary contracts and agreements for the benefit of the city; but no contract shall be made, nor any debt contracted, nor liability incurred, unless there is at the time actual cash in the Treasury to meet such liabilities; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties, and forfeitures for the breach of any city ordinances. Sec. 2. Section eight of an Act entitled An Act to restrict gaming, passed March fourth, A. D. eighteen hundred and sixty-nine, is hereby repealed. |
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Compensation.
Fees collected to be paid into State Treasury. Official bond.
Statement to be made to Legislature. |
Chap. XXXVIII.An Act to fix the compensation of the Clerk of the Supreme Court.
[Approved February 24, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Clerk of the Supreme Court shall receive for his compensation the sum of three thousand six hundred dollars annually, payable quarterly out of the same fund and in the same manner that the salaries of other State officers are paid. Sec. 2. All fees hereafter collected by the Clerk of the Supreme Court as provided by law, shall be paid into the State Treasury at the end of every quarter, and shall be apportioned to the General Fund. Sec. 3. Said Clerk of the Supreme Court shall execute an official bond, with two or more sureties, made payable to the State of Nevada, in the penal sum of ten thousand dollars; which bond shall be approved by the Board of Examiners, and filed with the Secretary of State. Sec. 4. The Clerk of the Supreme Court shall make a full statement of all his proceedings under this Act to each succeeding Legislature. |
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κ1875 Statutes of Nevada, Page 85κ
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Chap. XXXIX.An Act relative to the surplus General Fund of Storey County.
[Approved February 24, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever it is ascertained that there is a surplus of money in the General Fund of Storey County, it shall be the duty of the Board of County Commissioners of said county to order, and the County Treasurer thereof to transfer on such order: First, so much of said fund as will be necessary to maintain the public schools of said county to the School Fund thereof; and, second, the balance of money remaining in said General Fund to the Railroad Interest and Sinking Fund provided for in the Act entitled An Act to authorize the Commissioners of Storey County to issue to the Virginia and Truckee Railroad Company, bonds to the amount of three hundred thousand dollars, and to provide for the payment of the same, approved February first, eighteen hundred and sixty-nine, to be used and applied according to the provisions of said Act. |
Transfer from General Fund to School Fund,when to be made, etc. |
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Chap. XL.An Act to reimburse C. N. Noteware for moneys expended in going to Washington City, in A. D. eighteen hundred and sixty-nine, in connection with State land selections.
[Approved February 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated out of any moneys now in the General Fund, or hereafter coming into said fund, not otherwise specifically appropriated, to pay the claim of C. N. Noteware, for expenses incurred by him in going to Washington City, as the representative of the Board of Regents of this State. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant in favor of the said Noteware, for the sum of five hundred dollars, and the State Treasurer is hereby authorized to pay the same out of the appropriation created by this Act. |
Appropriation.
Controller to draw warrant, etc. |
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κ1875 Statutes of Nevada, Page 86κ
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Appropriation.
Controller to draw warrant, etc. |
Chap. XLI.An Act for the relief of B. H. Meder.
[Approved February 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred and forty-one dollars is hereby appropriated to pay B. H. Meder, for material and labor furnished in March and April, A. D. eighteen hundred and seventy, by order of the Board of Capitol Commissioners, for completing the porticoes of said Capitol building. Sec. 2. The Controller of State is hereby authorized and required to draw his warrant on the State Treasurer for the payment of said sum to said Meder, out of any moneys in the General Fund not otherwise appropriated. |
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Storage of unclaimed freight, etc.
Responsibility of carrier after notice, etc.
Service of notice in certain cases.
Perishable freight may be sold, when. |
Chap. XLII.An Act defining the rights of common carriers, as to disposition of unclaimed property.
[Approved February 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When any goods, merchandise, or other property has been received by any railroad or express company, or other common carrier, commission, forwarding merchant, or warehouseman, for transportation or safekeeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission, forwarding merchant, or warehouseman may hold or store the same with some responsible person until the freight and all just and reasonable charges on same are paid. Sec. 2. If a consignee does not accept and remove freight within twenty-four hours after notice has been served on him by the carrier, the carrier is released from further liability, by placing the freight in a suitable warehouse on storage, or the carrier may hold the same upon his responsibility as a warehouseman. Sec. 3. If the consignees place of residence or business be unknown, notice may be served on him through the Post Office, and the carrier may place the freight in a suitable warehouse on storage, and give notice thereof to the consignor. Sec. 4. If from any cause other than want of ordinary care and diligence on his part, a common carrier is unable to deliver perishable property transported by him, and collect his charges thereon, he may cause the property to be sold in open market to satisfy his lien of freightage. Sec. 5. If no person calls for the freight or other property received by such railroad, |
κ1875 Statutes of Nevada, Page 87 (CHAPTER 42)κ
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received by such railroad, express company, or other common carrier, commission, forwarding merchant, or warehouseman, within sixty days from the receipt thereof, the carrier, forwarding, commission merchant, or warehouseman may sell such property, or so much thereof, at auction to the highest bidder, as will pay freight and other just and reasonable charges, first having given notice of the time and place of sale to the owner, consignee, or consignor, when known, and by advertisement in a daily paper ten days, or if a weekly paper, four weeks, published where such sale is to take place, or if there is no paper published at the place where such sale is to take place, by posting a notice of the sale conspicuously in at least three public places; and if any surplus is left after paying freight, storage, cost of advertising, and other reasonable charges, the same must be paid over to the owner of such property, at any time thereafter, on demand being made therefor within six months after the sale; provided, that any trunk or valise, with their contents, shall be held six months before being advertised for sale. Sec. 6. If the owner, or his agent, fails to demand such surplus within six months from the time of such sale then it shall be paid over to the County Treasurer of the county in which the sale is made, to be held by him for a period of twelve months, subject to the order of the owner, after which time, if the same is not paid to the owner, or his authorized agent, or some person legally entitled to receive the same, it shall be paid over to the Treasurer of the county where such sale is made, who shall pay the same over to the State Treasurer for the benefit of the State School Fund. |
Sale of property to pay freight, when may be made, etc.
Surplus proceeds of sale, how disposed of.
Unclaimed proceeds of sale, how disposed of. |
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Chap. XLIII.An Act to incorporate Carson City.
[Approved February 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in March, A. D. eighteen hundred and seventy-five, and for the purposes hereinafter mentioned, the inhabitants of that portion of the County of Ormsby embraced within the limits hereinafter set forth, shall be a body politic and corporate, by the name and style of Carson City, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of said Carson City shall be as follows: Beginning at the center of the southeast quarter of section eight, in township number fifteen north, of range number twenty east, Monte Diablo base and meridian; running thence due west three fourths of a mile to the west boundary of said section eight; thence south one fourth of a mile to the southwest corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; |
Corporation created.
Boundaries of Carson City. |
κ1875 Statutes of Nevada, Page 88 (CHAPTER 43)κ
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Wards established
Corporate powers vested Board of Trustees. First Board of Trustees, of whom composed.
Terms to be decided by lot.
President of Board.
Annual election, etc. |
section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to the west boundary line of the east half of the northeast quarter of section eighteen; thence due south to the south boundary line of sections seventeen and eighteen, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile to a point due south of the place of beginning; and thence north one and one fourth miles to the place of beginning. Sec. 2. Carson City shall be divided into two wards as follows: All that portion of the city lying south of a right line passing through and along the center of Proctor street, and extending from the western to the eastern boundary of the city, shall and is hereby declared to be the First Ward; and all that portion of the city lying north of said line, shall and is hereby declared to be the Second Ward. Sec. 3. The corporate powers of the city shall be vested in a Board of Trustees, to consist of five members, who shall be actual residents and owners of real estate in the city, and who shall be chosen by the qualified electors thereof. Sec. 4. The Board of Trustees, for the first year, shall consist of Henry F. Rice and A. B. Driesbach, representing the First Ward; David A. Bender and William H. Corbett, representing the Second Ward, and Jacob Klien from the city at large, whose duty it shall be, upon the first Monday in March, eighteen hundred and seventy-five, to assemble at the Court House in Carson City, take the oath of office as such Trustees, and hold their first meeting as a Board of Trustees. Before entering upon any other business, the Trustees above named representing the First Ward, shall determine their several terms of office by lot; and, as so determined, the one Trustee shall continue in office until the first Monday in May, A. D. eighteen hundred and seventy-six, and until his successor is duly qualified; and the other of said Trustees shall hold his office as such, until the first Monday in May, eighteen hundred and seventy-seven and until his successor is duly qualified; and the other two Trustees, hereinbefore named as representing the Second Ward, shall then and there, in like manner determine, by lot, their several terms of office, and shall, as so determined, hold in all respects as the Trustees of the First Ward. The Board shall then elect one of their number, who shall be the President of the Board of Trustees until the first annual election taking place under the provisions of this Act, and the Board shall then proceed generally upon their duties. Sec. 5. On the first Monday in May, eighteen hundred and seventy-six, and annually thereafter on said day, there shall in each ward of the city be elected one Trustee, who shall be a resident and owner of real estate in such ward, and shall continue in office for the term of two years; and at each of said elections there shall be elected one Trustee at large for the city, who shall hold his office for the term of one year and until his successor shall have duly qualified; the Trustee so elected shall be President of the Board of Trustees of Carson City. There shall also be elected at each annual election such additional Trustee or Trustees as shall be necessary to fill all unexpired terms of office existing in the Board through vacancies occurring in the terms of the regularly elected Trustees. |
κ1875 Statutes of Nevada, Page 89 (CHAPTER 43)κ
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additional Trustee or Trustees as shall be necessary to fill all unexpired terms of office existing in the Board through vacancies occurring in the terms of the regularly elected Trustees. Whenever any vacancy or vacancies occur in the Board, it shall be the duty of the remaining Trustees, or a majority thereof, to fill such vacancy or vacancies by appointment of a qualified person or persons from the proper ward or wards; and the Trustee or Trustees so appointed shall hold his or their office until the next annual election, when any unexpired term or terms of shall be filled by election, as hereinbefore provided. Sec. 6. All provisions of law which now are or hereafter may be in force regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of the Trustees. The Board of Trustees shall, for two weeks prior to each annual election, publish notice in a newspaper published in Ormsby County, to the effect that such election will take place in said city for the election regularly of three Trustees, and, as the case may be, of such other Trustee or Trustees as may be necessary to fill any unexpired term or terms of office in said Board, and in such notice naming the day on which such election will be held, and designating a polling place in each ward and the names of three Inspectors of Election for each ward. As soon as the votes are counted and tallied, the Inspectors shall make out a statement and return of the same, and deposit the same with the Board of Trustees, in manner and form as required by the general election laws; and within three days thereafter the Board of Trustees shall proceed to canvass the same, and cause the issuance of a certificate or certificates of election by its Clerk, in manner and form as provided by law concerning elections. The election of any person to the office of Trustee may be contested, in the manner and form as provided by statute concerning general elections. Sec. 7. The Trustee or Trustees chosen at any election held under this Act, or appointed to fill a vacancy, shall take the official oath provided by law within five days after due notice of such election or appointment, and upon failure thereof his office shall be declared vacant; provided, that in case the person so elected be absent from the county at the time of his election, he shall be allowed twenty days in which to return and qualify and enter upon the duties of his office. Sec. 8. The President of the Board of Trustees shall preside at the meetings of the Board, and shall perform such other duties as the Board may prescribe. After the annual election in eighteen hundred and seventy-six, any vacancy occurring in the term of the Trustee who is by virtue of this Act the President of the Board, shall be filled by appointment from either ward of the city. Any vacancy occurring prior to said election in the office of the Trustee at large, may be filled in like manner from either ward of the city. In any case where a vacancy occurs in the office of the Trustee who is President of the Board, the Board of Trustees, after all vacancies shall have been filled, shall elect one of their number, who shall be the President of the Board until the next annual election. |
Vacancies, how filled.
Provisions of general election law, etc., applicable.
Contest, how made.
Oath of office of Trustee.
Duties of President.
President. |
κ1875 Statutes of Nevada, Page 90 (CHAPTER 43)κ
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Meetings of Board of Trustees.
Powers of Board of Trustees. Institute and defend actions.
Levy taxes.
Streets and alleys.
Condemnation of property. Prevention and extinguishment of fires.
Storage of gunpowder
Nuisances.
Licenses. |
Board until the next annual election. At any meeting of the Board, in the absence of the President, the other Trustees shall designate one of their number who shall be President pro tem. of the Board. Sec. 9. The Board of Trustees shall hold regular meetings on the second Monday in each month, and such other meetings as by adjournment or resolution they may determine; but the President of the Board shall have power to call special meetings whenever in his judgment it may be necessary. A majority of the Board shall constitute a quorum for business. Sec. 10. The Board of Trustees shall have power: First-To institute and maintain any suit or suits of the city, in the proper Court or Courts, whenever necessary, in their judgment, to enforce or maintain any right or rights of the city; and they may in like manner, at their sound discretion, defend all actions brought against the city. Second-They shall annually levy a tax of not less than one quarter of one per cent. nor exceeding one per cent. upon the assessed value of all real and personal property situate in the city and made taxable by law for State and county purposes. Third-To lay out, extend, and alter the streets and alleys in the city, and provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of the city; provided, that said Board may, in its discretion, assess the cost, or a portion thereof, of improving any street, or building or repairing a sidewalk, to the owner or owners of the property in front of which said street or sidewalk, or proposed sidewalk, may be, and may make such costs of improvement, repair, or building a lien upon such property. Fourth-To condemn property for the use of the inhabitants of the city in the manner hereinafter provided. Fifth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish, and disband fire or hose companies in the city. Sixth-To regulate the storage of gunpowder and other explosive or combustible materials within the city. Seventh-To determine what shall be deemed nuisances in such town or city, and provide for the punishment, prevention, and removal of the same. Eighth-To fix and collect a license tax on and regulate all theaters and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within the city; to fix and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables, and livery stable keepers within the city, and express companies, persons engaged in the business of transmitting letters or packages, stage companies, or the owners of stages or stage lines, who have a place of business in said town or city, or any agency therein; to license and regulate autioneers and stock brokers within the city; to license, tax, and regulate, and prohibit or suppress all tippling houses, dram shops, saloons, and raffles, |
κ1875 Statutes of Nevada, Page 91 (CHAPTER 43)κ
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raffles, and license or tax all hawkers, peddlers (provided that no tax or license shall be required for peddling the agricultural productions of the State), pawnbrokers, refreshment or coffee stands, booths, and sheds within this city; to regulate or prohibit or suppress prostitution and unlicensed gaming and disorderly houses, dance houses, and houses of ill-fame within the city; to levy and collect an annual tax upon all dogs within the city, and provide for the extermination of dogs for which such tax shall not have been paid, and to prevent all other animals from running at large in the city; to fix and collect a license tax upon all professions, trades, or business within the city not heretofore specified. Ninth-To provide for the issuance of all licenses in this Act mentioned or authorized to be issued, and to fix the terms on which and the sums for which the same shall issue. Tenth-To prevent, punish, and restrain any disorderly conduct within the city. Eleventh-To hold, manage, use, and dispose of the real and personal property of the city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it is appraised by three appraisers, taxpayers of the city, at the actual market value, nor shall it be sold for less than three fourths of such appraised value. Twelfth-To fix and prescribe the punishment for the breach of any ordinance made or adopted by said Board of Trustees, to be enforced within the city; but no fine shall be imposed, for one offense, in a sum greater than five hundred dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment, any person committed for punishment may be made to work on any public work in the city; provided, nothing herein contained shall authorize the formation of a chain-gang in the city. Thirteenth-To pass or adopt all ordinances, rules, and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred, and to audit and allow all claims properly payable out of the funds of the city; provided, that the Board shall not have the power to audit or allow any claims whatever, unless there be sufficient money in the Treasury to pay the same at the time of such allowance. Any property, real or personal, necessary for the public use of the city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, or owner or owners of the property to be condemned, shall appoint one referee; and in the event the two referees so appointed shall not agree in the valuation of the property or claimants interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest therein by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as final and binding; and upon the tender, in gold coin, of the sum named by said appraisers for such property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, |
Proviso.
Prostitution, gaming, etc.
Issuance of licenses.
Disorderly conduct. Management of city property.
Penalty for infraction of ordinances, etc.
Ordinances
Claims not to be allowed, when.
Condemnation of property. |
κ1875 Statutes of Nevada, Page 92 (CHAPTER 43)κ
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Condemnation of property.
Police.
County Treasurer to act as City Treasurer ex officio. County Assessor to act as City Assessor ex officio. District Attorney to act as City Attorney ex officio. Sheriff to act as City Marshal ex officio.
County Clerk to act as City Clerk ex officio.
Justice of the Peace to act as City Recorder ex officio.
City property tax, when to be levied. |
interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may, at any time after twenty days notice, cause the Marshal of the city to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect, when required by the Board of Trustees, to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding; but no act of condemnation [of property] or of any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto, or right therein; and in the condemnation of property, as in this Act provided, the referees or Board of Trustees, as the case may be, shall consider whether the proposed improvements, for which such property is so condemned, will be of any benefit to the persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them and deduct the amount thereof from the estimated value of the property or interest therein condemned. Fourteenth-To cause the City Marshal to appoint one or such number of policemen as they shall from time to time determine, who shall be under the direction and control of the City Marshal. Sec. 11. The Treasurer of Ormsby County shall, in addition to the duties now imposed upon him by law, act as the Treasurer of the city, and shall be ex officio the City Treasurer. Sec. 12. The Assessor of Ormsby County shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city, and shall be ex officio the City Assessor. Sec. 13. The District Attorney of Ormsby County shall, in addition to the duties now imposed upon him by law, act as the Attorney of the city, and shall be ex officio the City Attorney. Sec. 14. The Sheriff of Ormsby County shall, in addition to the duties now imposed upon him by law, act as the Marshal of the city, and shall be ex officio the City Marshal. Sec. 15. The County Clerk of Ormsby County shall, in addition to the duties now imposed upon him by law, act as Clerk of the city and of the Board of Trustees, and shall be ex officio the City Clerk. Sec. 16. The Justice of the Peace of Carson Township, Ormsby County, shall, in addition to the duties now imposed upon him by law, act as the Recorder of Carson City, and shall be ex officio the City Recorder, with the like jurisdiction as commonly conferred upon Recorders Courts in municipal corporations, subject to appeals taken to the District Court as from Justices of the Peace. Sec. 17. The Board of Trustees shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax as hereinbefore prescribed upon all real and personal property situate in the city, and made assessable by law for State and county purposes; |
κ1875 Statutes of Nevada, Page 93 (CHAPTER 43)κ
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law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of this State for the collection of State and county taxes; and said city tax so levied shall be assessed and collected with the State and county taxes of each year; and the revenue laws of this State shall, in every respect not inconsistent with the provisions of this Act, be deemed applicable, and so held, to the levying, assessing, and collecting of the city taxes; provided, that in the matter of equalization of assessments upon property, the rights of the city shall be concluded in the manner and to the same extent as is the State and the county by the action of the County or State Board of Equalization. And whenever or wherever practical and expedient, all forms and blanks in the use in the levying, assessing, and collecting of State and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing, and collecting of the revenue of the city. The Board of Trustees shall enact all such ordinances as shall be found necessary, and not inconsistent with this Act and the laws of this State, for the prompt, convenient, and economical collection of the city revenues. Sec. 18. All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this Act or of any valid ordinance of the city, shall be paid by the officer or person collecting or receiving the same to the City Treasurer, who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate; one of which shall be given by him immediately to the City Clerk for the more perfect keeping of his accounts and for the information and guidance of the Board of Trustees, and the other shall be given to the officer or person so paying in such moneys. All such moneys shall be placed by the City Treasurer in a fund to be known as the General Fund, and shall be so kept except as paid out upon proper warrants; provided, that the Board of Trustees may, at their sound discretion, set apart any surplus moneys in said fund, to be kept by said Treasurer in a fund which shall be known as the Redemption Fund; provided further, that the amount of moneys so ordered to be transferred shall in no instance exceed one half of the moneys in the General Fund at the date of such order. Sec. 19. The fees, salaries, or other compensation of the officers hereinbefore provided for, shall be regulated by regularly enacted ordinances; provided, that the Trustees shall receive no compensation whatever for their services. All claims for fees, salaries, or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this Act, shall be presented to the Board of Trustees, who shall consider and allow or reject the same in their order as presented to the Clerk of the Board, and the record of their action shall be entered upon their journal. Upon the allowance in whole or in part of any claim by the majority of the Board of Trustees, the City Clerk shall draw a warrant upon the City Treasurer for the amount so allowed, and shall state in the same, in general terms, the nature of the claim. |
Proviso.
Ordinances for collections of taxes.
City moneys, custody of.
Fees and salaries. |
κ1875 Statutes of Nevada, Page 94 (CHAPTER 43)κ
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Warrants to be drawn for claims allowed, etc.
Notice.
Examination of Treasurers accounts, etc.
Action on rejected claim.
Accountability of officers to be provided for.
Trustees may declare vacancies, when. |
and shall state in the same, in general terms, the nature of the claim. Upon the presentation of said warrant to the City Treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the Board and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn, to pay the same; but if he has not such money he shall indorse on said warrant Not paid for want of funds, adding thereto the date of such indorsement and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto, in its order. All warrants drawn upon the General Fund shall be numbered according to the order of the allowance of the claim for which the same is drawn. Before twelve oclock on the second Monday of each month the City Treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the General Fund to pay in its order and number. On paying any warrant the City Treasurer shall write across the face thereof, in red ink, Redeemed, with the date of redemption, and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the Treasurer as to the amount so paid, in his official settlement with the Board of Trustees, which shall take place annually on the third Monday in December. The President of the Board of Trustees, or some member of the Board appointed by the President, shall, once in every three months, examine the books and vouchers of the City Treasurer concerning the state of the finances in his hands, and report the result to the Board, which shall be spread at large upon the journal of the Board. Sec. 20. The holder of any claim or demand mentioned as above, which has been rejected in whole or in part, may, within six months after such rejection, commence an action in any Court of competent jurisdiction of the County of Ormsby for the amount of the claim or the portion rejected, as the case may be. The action shall be against the city, and the service of summons shall be made upon the President of the Board of Trustees. In case of a final recovery of judgment by the plaintiff, the Board of Trustees shall allow the amount thereof, which shall be paid in the order of such allowance. Sec. 21. All officers of the city, as provided in this Act, except the Trustees, shall be accountable and liable upon their official bonds as officers of the County of Ormsby; but it shall nevertheless be the duty of the Board of Trustees to provide for the accountability of all officers and employes constituted by or appointed under the provisions of this Act, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of their respective duties. In case any such officer or employe shall neglect or refuse to give the required security or shall neglect or refuse to perform the duties imposed upon him by virtue of the provisions of this Act, the Board of Trustees may declare such office vacant, and proceed to appoint some other person to such office, or appoint some other person as such employe (as the case may be). Any person so appointed to any office in this Act hereinbefore mentioned, shall hold such office, upon duly qualifying therefor in form of law, until the first Monday in January next following a general election. |
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office, upon duly qualifying therefor in form of law, until the first Monday in January next following a general election. The duties of such appointed officer may be defined by such ordinance as is necessary. Sec. 22. Real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment which includes the city taxes. Sec. 23. Persons holding claims against the incorporated Town of Carson City, as the same purports to exist under the general incorporation Act of this State, may, within three months after the first Monday in March, eighteen hundred and seventy-five, present such claim to the Board of Trustees of Carson City, who shall act upon the same, and if allowed in whole or in part, they shall be paid in their order as other claims arising under the provisions of this Act. Sec. 24. The City Clerk shall keep the corporate seal, if there be one, also all books, and shall file and keep all papers belonging to the city under their proper heads; attend all meetings of the Board of Trustees, and keep [an] accurate journal of their proceedings, including a record of all ordinances, bylaws, and resolutions passed or adopted by them, which journal shall, after approval at each meeting, be signed by the President of the Board, and attested under the hand of the Clerk. He shall sign all warrants issued, and affix the seal thereto, if there be any. He shall number and countersign all licenses, and likewise affix the seal thereto. All licenses shall be printed, showing on their face the class of license, with marginal stubs attached, and stitched together in books, each book containing an equal number of one class only. All licenses issued shall be signed by the President of the Board of Trustees. The City Clerk shall be the custodian of the blank licenses, and shall deliver them from time to time, in such number as the Board shall direct, to the City Marshal, who shall collect the same, charging him therewith at their face or representative value, and giving him credit at the same rate for so many thereof only as he shall return to the Clerk at the time of settlement of his account. The City Clerk shall also keep an accurate account of all warrants and orders drawn upon the City Treasurer, in such manner that the Board can at any time ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the Board of Trustees. Upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Board, upon the journal. Sec. 25. The style of all ordinances shall be, The Board of Trustees of Carson City do ordain. All ordinances shall be published three days prior to going into effect. Sec. 26. All county officers acting ex officio as officers of the city, may act as city officers through their regularly appointed deputies, when authorized by law to appoint such deputies. Sec. 27. The City Marshal, in addition to the general duties of his office, shall execute all process issuing from the Recorders Court, act with full powers as a policeman, and as Chief of all the police force appointed for the city as such, and shall collect all taxes upon city licenses. |
Sale of property for taxes.
Claims against corporation under the general law, how paid.
Duties of City Clerk.
Style of ordinance.
Deputies of county officers. |
κ1875 Statutes of Nevada, Page 96 (CHAPTER 43)κ
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Duties of City Marshal.
Actions by the city.
Appeals.
Absence to create vacancy.
Bonds may be required of policemen.
Limitation of power to create debt or of making contracts. |
Court, act with full powers as a policeman, and as Chief of all the police force appointed for the city as such, and shall collect all taxes upon city licenses. In his absence, the Under Sheriff shall act as City Marshal. Sec. .28. Civil actions may be brought by the city in any Court of competent jurisdiction, and actions for violation of any ordinances of the city may be brought before the City Recorder, and fines imposed by the Recorder may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the County Jail of Ormsby County, which shall serve as the City Jail, at the rate not exceeding one day for every two dollars of such fine and costs; or said Recorder may, at his discretion, adjudge and enter up in his docket an order that such offender shall work on the streets or public works at the rate of two dollars for each day, which shall apply on such fine and costs until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgments as in cases of appeal from Justices Courts in criminal cases. Sec. 29. If any officer shall remove his office from the city, or absent himself therefrom more than thirty days without leave of the Board of Trustees, his office shall by the Board be declared vacant, and the vacancy filled by appointment, as provided in this Act. Sec. 30. The City Marshal shall not be answerable upon his official bond for the conduct of policemen appointed under the provisions of this Act, but the Board may require of such appointees such bonds as shall be by them determined upon as proper. The powers and duties of the City Marshal may be more fully defined by such ordinances as shall not be inconsistent with this Act. Sec. 31. No debt shall be created directly or indirectly against the city beyond the amount of current revenues of the city; nor shall any contract for supplies of water or gas, or other supplies for the city, or any other contract whatever made by or on behalf of the city, be of any validity for any period exceeding one year. |
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Issuance of bonds authorized, etc. |
Chap. XLIV.An Act to authorize the County Commissioners of Eureka County to issue certain bonds, and to provide for the payment of the same.
[Approved February 25, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Eureka County, Nevada, are hereby authorized and empowered to issue the bonds of said county in any sum not to exceed five thousand dollars. None of the bonds issued, as herein provided, shall be of a less amount than two hundred dollars, and none for a greater amount than one thousand dollars each; said bonds shall bear interest at a rate not to exceed eighteen per cent. |
κ1875 Statutes of Nevada, Page 97 (CHAPTER 44)κ
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greater amount than one thousand dollars each; said bonds shall bear interest at a rate not to exceed eighteen per cent. per annum, and shall be redeemed in the following manner: The said bonds, with interest, shall be payable at the office of the County Treasurer of Eureka County on the first Monday in January, A. D. eighteen hundred and seventy-six. The Board of County Commissioners shall provide for the prompt payment, in full, of said bonds, together with the interest thereon, at the date of their maturity; and for this purpose the said Commissioners are hereby duly empowered to set apart, at the proper period, a sufficient sum out of the Current Expense Fund of said county to fully discharge and liquidate the said bonds and the interest thereon. Sec. 2. Whenever, in the opinion of the Board of County Commissioners, the issuance of said bonds, or any part thereof, is for the best interest of said Eureka County, the County Treasurer shall sell, at par, such proportion of the same as may be designated by the said Board of County Commissioners; and the proceeds thereof shall be placed in the Current Expense Fund of said county, to be subject to the same restrictions and to be expended in the same manner as other moneys coming into said fund. Sec. 3. The County Commissioners of the said County of Eureka are hereby authorized and empowered to have the bonds prepared and printed, in form and manner to carry into effect the provisions of this Act. |
Redemption of bonds, how made, etc.
Sale of bonds.
Style and form of bonds. |
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Chap. XLV.An Act to provide for the protection of the State Capitol building, and for the improvement of the grounds surrounding it.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of repairing and protecting the State Capitol building, and fencing and improving the grounds surrounding the same, the sum of twenty-five thousand dollars is hereby appropriated out of any moneys in the General Fund not otherwise specifically appropriated. Sec. 2. A Board of State Capitol Commissioners, consisting of the Lieutenant Governor, Secretary of State, and State Controller, of which Board the Lieutenant Governor shall be President, and the Secretary of State shall be Secretary, is hereby created, with the powers and duties hereinafter specified. Sec. 3. It shall be the duty of said Board, at as early a time as practicable after the final adjournment of the seventh session of the Legislature, to cause the State Capitol building to be thoroughly repaired and repainted, at an expense not exceeding the sum of seven thousand dollars. |
Appropriation.
Board of State Capitol Commissioners created.
Capitol to be painted. |
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Fence around Capitol grounds.
Bids for furnishing fence, advertisement for.
Bonds required of contractor, etc.
Prison Commissioners to furnish stone, etc.
Pay of extra guards, how made. Water for irrigation, contract for, etc. |
thoroughly repaired and repainted, at an expense not exceeding the sum of seven thousand dollars. Sec. 4. The Board of State Capitol Commissioners are hereby authorized and empowered to build a good and substantial fence around the Capitol grounds, consisting: First, of a stone wall, of dressed and cut stone, at least eighteen inches above the surface of the ground; and, second, of an iron fence on this wall, not less than three feet in height, with iron posts, set not more than eight feet apart, and firmly bedded, with lead, in holes drilled in said foundation wall, with such gates and carriage ways as may, in the judgment of said Commissioners, be deemed necessary for convenience in approaching the Capitol from the several sides and corners of the Capitol square. Sec. 5. After having selected a suitable pattern, the Board of State Capitol Commissioners shall advertise for bids for furnishing the above fence, simultaneously, in one daily newspaper in this State, and in San Francisco, and Sacramento, for a period of thirty days, at the expiration of which time the Board shall open the bids and may let the contract to the lowest responsible bidder, or, if deemed unreasonable in price may reject all bids, and advertise anew until a reasonable price is attained. The contractor shall give security in double the amount of such contract, by good and sufficient bond, to be approved by the State Board of Examiners, conditioned to the faithful compliance with his contract, each bid to be accompanied with a certified check for one fifth the amount of the bid; said checks to be returned with the bids rejected; and the bidder failing to give bond, as required, after his bid has been accepted, shall forfeit the amount of his check to the State Capitol Fund. Sec. 6. On the requisition of the Board of State Capitol Commissioners, specifying the size and quality of stone required, either for fence or other purposes, in beautifying said Capitol grounds, the Board of State Prison Commissioners shall furnish such stone at the State Prison, free of cost to this appropriation; and the Board of State Prison Commissioners, on the requisition of said Board of State Capitol Commissioners, shall furnish such a number of short term convicts as can be profitably employed in building said fence or beautifying said grounds, without expense to this appropriation; provided, that the cost of the extra guards that may be required in so working said convicts shall be paid out of this appropriation. Sec. 7. The Board of State Capitol Commissioners shall have full power to contract for water for irrigating purposes; provided, that they shall only have power to contract for water for said purposes for two years; and may advertise for proposals for the supplying of such water, in a newspaper published in Carson, for at least thirty days, stating in such advertisement about the number of gallons required (the meter to measure the same to be provided by the party furnishing said water), the length of time it will be required to be so furnished, and at the expiration of said period, shall open said proposals, and may accept the lowest responsible bid, or rejecting all bids, let the furnishing of said water by private contract; provided, that such private contract shall in no case be at a higher rate than that offered by the lowest responsible bidder, and not to exceed forty cents per thousand gallons. |
κ1875 Statutes of Nevada, Page 99 (CHAPTER 45)κ
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that offered by the lowest responsible bidder, and not to exceed forty cents per thousand gallons. The Board may require the contractor to give security by good and sufficient bond, conditioned to the faithful compliance with his contract. They shall also have power to lay pipes to conduct said water through the Capitol grounds, to build fountains at suitable points on the grounds, to lay out walks, plant trees, sow grass, and employ suitable skilled labor in fencing and beautifying said grounds. Sec. 8. The Board herein named shall make a full report of all their proceedings under this Act to the next Legislature. |
Limitation of price of water.
Power of Board in improving grounds.
Report of Board. |
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Chap. XLVI.An Act to repeal an Act entitled 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 seventh, eighteen hundred and seventy-three.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled 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 seventh, eighteen hundred and seventy-three, is hereby repealed. |
Repeal. |
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Chap. XLVII.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, one thousand eight hundred and sixty-one.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventy-five of an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: Section Seventy-five. If any bailee of any money, goods, or property, shall convert the same to his own use, with intent to steal the same, or to defraud the owner thereof, he shall be deemed guilty of embezzlement, and, on conviction thereof, shall be punished by fine not less than fifty dollars nor more than five thousand dollars, |
Embezzlement by bailee. |
κ1875 Statutes of Nevada, Page 100 (CHAPTER 47)κ
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Bailee defined. |
than five thousand dollars, or by imprisonment not less than thirty days nor more than fourteen years, or by both such fine and imprisonment, as the Court shall adjudge; and, when the imprisonment so adjudged shall be for any term greater than six months, it shall be in the State Prison. The term bailee, as used in this Act, shall be construed to include and mean all persons with whom any money, goods, or property has been deposited, and all persons to whom any goods or property has been loaned or hired; and any use of loaned or hired goods, or property, by any bailee thereof, other than that for what the same was borrowed or hired, shall be prima facie evidence of conversion, and of intent to steal the same and defraud the owner thereof. |
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Current Expense Fund created.
Special tax authorized.
Allowances authorized against Current Expense Fund.
Proviso. |
Chap. XLVIII.An Act to create a Current Expense Fund for Eureka County.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing means for the payment of certain expenses in the County of Eureka, a special fund is hereby created, to be known as the Current Expense Fund of said county. Sec. 2. At the time of levying the tax for general State and county purposes as now provided by law, the Board of County Commissioners of said Eureka County may and they are hereby authorized and empowered to levy a special tax not to exceed twenty cents on each one hundred dollars valuation of all the taxable property in said county, including the tax on the proceeds of the mines, to be known as the Current Expense Fund tax. The proceeds of said special tax, together with twenty per cent. of all other county revenues collected, shall go into and form the Current Expense Fund of said Eureka County. Sec. 3. Allowances shall be made by the Board of County Commissioners against said Current Expense Fund for the following purposes and none other: Repairs on the Court House and Jail, stationery, printing, fuel and lights, board, clothing, bedding and medicines for prisoners confined in the County Jail; and until all claims or warrants that have been or may be allowed against the Indigent Sick or Hospital Fund or said county prior to the approval of this Act shall have been paid and liquidated, the necessary current expenses incident to the care and maintenance of the indigent sick of said county may also be, in the discretion of the Board of County Commissioners, paid out of said Current Expense Fund; provided, that no outstanding bills, claims, or warrants, or any part thereof, that may have accrued against said county for any of the articles or purposes mentioned in this section, or for any purpose whatever, prior to the approval of this Act, shall be allowed against or paid out of said Current Expense Fund; and, provided further, that neither the fees nor salaries of county or other officers shall be allowed against or paid out of said fund. |
κ1875 Statutes of Nevada, Page 101 (CHAPTER 48)κ
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of said Current Expense Fund; and, provided further, that neither the fees nor salaries of county or other officers shall be allowed against or paid out of said fund. Sec. 4. Whenever there shall be any surplus of moneys in the said Current Expense Fund over and above all demands against the same, the Board of County Commissioners of said county may and they hereby are authorized and empowered to transfer such surplus, or any portion thereof, to the several other funds, or either of them, of said county, in the manner and proportion best calculated, in the judgment of said Commissioners, to subserve and protect the credit of Eureka County. In the distribution of moneys as herein provided, preference shall be given in all cases to the fund standing in the greatest need of assistance, with the view of keeping the scrip, certificates, or other evidences of indebtedness against the several funds of said county as nearly equal in point of intrinsic or marketable value as may be practicable. Sec. 5. Nothing in this Act shall be so construed as to obstruct the operation of an Act entitled An Act to provide funds for the payment of the current expenses of Eureka County, approved March fourth, eighteen hundred and seventy-three. |
Proviso.
Surplus in fund, how disposed of.
Consideration to govern transfer of surplus.
Construction of Act. |
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Chap. XLIXAn Act to authorize the County Commissioners of Washoe County to issue bonds for certain purposes.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of erecting or buying suitable buildings for a County Hospital, and establishing a Poor-farm for the indigent sick and common paupers of Washoe County, Nevada, the County Commissioners of said Washoe County are hereby authorized and empowered to issue bonds, in the name of the county, to the extent of seven thousand dollars, and to pledge the good faith and credit of said county for the payment of the same, both principal and interest. Sec. 2. The Commissioners shall cause the bonds to be prepared. They shall be signed by the Chairman of the Board, and countersigned by the Clerk of the Board; indorsed by the County Treasurer, and authenticated with the seal of the County Clerk; coupons for interest shall be attached to each bond, so that the coupon may be removed without injury to the bond. Said coupons, consecutively numbered, shall be signed by the County Treasurer. Sec. 3. No bonds, issued under the provisions of this Act, shall be sold for any currency except gold and silver coin of the United States, nor at less than par value. Sec. 4. The County Commissioners are hereby duly authorized to negotiate the sale of the said bonds, the proceeds of which shall be placed in the County Treasury, to the credit of the County Hospital Fund, for the purposes mentioned in section one of this Act. |
County Hospital and Poor Farm.
Bonds.
Style of bonds and coupons.
Sale of bonds, limitations on. |
κ1875 Statutes of Nevada, Page 102 (CHAPTER 49)κ
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Sale of bonds and disposition of proceeds. Fund created to pay bonds.
Tax continued.
Size, time, style, etc., of bonds.
Notice of redemption of bonds. |
which shall be placed in the County Treasury, to the credit of the County Hospital Fund, for the purposes mentioned in section one of this Act. Sec. 5. For the purpose of creating a fund for the payment of the bonds hereby authorized, and the interest thereon, the tax one eighth of one per cent, authorized and levied under the Act of the Legislature entitled An Act to fund the hospital debt of Washoe County, and provide for the payment of the same, approved February twenty-fourth, eighteen hundred and seventy-three, is hereby continued in force until such bonds and the interest thereon shall have been fully paid. Sec. 6. The bonds shall be of the denomination of five hundred dollars each; they shall be numbered from one to fourteen; the interest shall not exceed twelve per cent. per annum, payable semi-annually; and in no case shall any of such bonds, issued by virtue of this Act, run a longer term than five years from and after the date of issue. Sec. 7. The Board of County Commissioners shall give notice, by publication in some newspaper published at the county seat of Washoe County, for a term not exceeding sixty days, setting forth the amount of money on hand for the purpose of redeeming such bonds, and the number and date of bonds subject to redemption, together with the time at which the interest on said bonds will cease. |
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Boundary line.
Meridian of longitude, how ascertained. |
Chap. L.An Act to better define and establish the boundary line between the County of Nye and the Counties of Churchill and Esmeralda.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The boundary line between the County of Nye and the Counties of Churchill and Esmeralda shall be as follows: Beginning at the intersection of the meridian of longitude forty degrees and seven minutes west from Washington with the eastern boundary line of California; thence northerly along said meridian of longitude to its intersection with the thirty-eighth parallel of north latitude; thence northwesterly to the Hot Springs, on the Wellington and Reese River Road; thence northerly to the thirty-ninth parallel of north latitude; thence easterly to ODonnells Pass, on the Ione and Westgate Road; and from thence the said boundary line shall remain as heretofore established by law. Sec. 2. Said meridian of longitude shall be established from the official survey made by Colonel A. W. Von Schmidt, of the State line between the States of California and Nevada, to be ascertained by his astronomical observations, and also from the mile posts set by him on said survey; and if it be found necessary to ascertain by calculations from Colonel A. W. Von Schmidt the said meridian of longitude, all expenses attaching thereto shall equally be borne by said Counties of Nye and Esmeralda. |
κ1875 Statutes of Nevada, Page 103 (CHAPTER 50)κ
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Schmidt the said meridian of longitude, all expenses attaching thereto shall equally be borne by said Counties of Nye and Esmeralda. Sec. 3. An Act entitled An Act to define and establish the boundary line between the County of Nye and the Counties of Churchill and Esmeralda, approved March fifth, one thousand eight hundred and sixty-nine, is hereby repealed. |
Repeal. |
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Chap. LI.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and thirty-seven of said Act is amended so as to read as follows: Section One Hundred and Thirty-seven. If any person or persons shall knowingly and designedly, by any false pretense or pretenses obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any person or persons of the same; every person so offending shall be deemed a cheat, and on conviction shall be imprisoned in the State Prison not more than ten years nor less than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done; provided, that should the value of any chose in action, money, goods, wares, chattels, effects, or other valuable thing so, as aforesaid, fraudulently obtained, not exceed in value the sum of fifty dollars, every person so offending shall be deemed a cheat, and on conviction shall be imprisoned in the County Jail not more than six months, or be fined in any sum not exceeding five hundred dollars, or by both such fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done. |
False pretenses, etc.
Proviso. |
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Chap. LII.An Act to detach a portion of the territory of Nye County from said county, and to attach the same to White Pine County.
[Approved February 26, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following described territory, now a portion of Nye County, Nevada, is hereby detached from said Nye County, |
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κ1875 Statutes of Nevada, Page 104 (CHAPTER 52)κ
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Portion of Nye County attached to White Pine County.
Transfer of pending suits.
When suits may not be transferred
Trial of suits transferred.
Transcript of records.
Compensation of Nye County Recorder. |
County, and is hereby attached to and made a part of White Pine County, Nevada, to wit: All that territory embraced within the following boundaries: Commencing at a point now known as the southeast corner of Eureka County; thence running due east along the south line of White Pine County ninety (90) miles more or less to the east line of the State of Nevada; thence running south along the said State line thirty (30) miles more or less to a point due east from the north line of A. Prairies farm; thence from said point due west fifty two (52) miles more or less to the one hundred and fifteenth (115th) meridian west of Greenwich; and thence northwesterly sixty (60) miles more or less to the place of beginning. Sec. 2. All suits now pending in the District Court in and for Nye County, which in any way appertain to property, real, personal, or mixed, situate within the territory hereby detached from said Nye County, and all actions for the recovery of any debt or enforcement of any right between citizens now living within the boundaries of the said territory detached from Nye County, shall, within twenty days from the date of the approval of this Act, be, by the County Clerk of said Nye County, duly and legally transferred and certified to the Clerk of White Pine County, together with all papers and documents pertaining to the same, which shall be by said Clerk of White Pine County filed in his office and entered in the calendar of the District Court in and for said White Pine County at the first term thereof after receipt of the same; provided, where both the plaintiff and defendant to any suit, residing within the limits of the said territory hereby detached from Nye County, pending in the District Court in and for Nye County, shall, prior to the expiration of the twenty days above mentioned, file with the County Clerk of Nye County a statement consenting or requesting that the suit to which they are parties may be determined in said District Court in Nye County, then, and not otherwise, said suit or suits shall not be transferred, as herein provided; and any suit or suits transferred, as herein provided, from the said District Court in and for Nye County to the District Court in and for White Pine County, shall be heard, tried, and determined in all respects as though originally commencing in said last mentioned Court. Sec. 3. The County Recorder of Nye County is hereby authorized and empowered, and it shall be his duty, to transcribe into suitable books, all the records in his custody pertaining or relating to or affecting the title to any property situated within the limits of the territory hereby detached from said Nye County, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage and approval of this Act (and within ninety (90) days after the passage and approval of the same), and, when completed, shall deliver the same to the County Recorder of White Pine County, and they shall thereafter be kept in his office, and shall be, for every purpose, of the same force and effect as other county records. The Recorder of Nye County shall be entitled to receive, as compensation for the services hereby imposed, one half of the fees now allowed by law for recording and indexing written instruments in his office. His claims for said compensation shall be allowed upon presentation, by the County Commissioners of White Pine County, on the completion and delivery of said transcript and index, and be paid as other claims against the county. |
κ1875 Statutes of Nevada, Page 105 (CHAPTER 52)κ
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claims for said compensation shall be allowed upon presentation, by the County Commissioners of White Pine County, on the completion and delivery of said transcript and index, and be paid as other claims against the county. Sec. 4. The taxes levied upon the property situated within the limits of the territory hereby detached from Nye County, for the year A. D. eighteen hundred and seventy-four, shall be collected by Nye County and paid into the Treasury of said county the same as though this Act had not been passed. Sec. 5. White Pine County shall pay to Nye County such proportion of the whole present debt of Nye County as the taxable property in the territory above described bears to the whole taxable property of Nye County on the assessment roll of Nye County for the year A. D. eighteen hundred and seventy-four; said payment to be made, in gold coin, within one year from the approval of this Act, out of a special fund to be created by the Board of County Commissioners of White Pine County for the payment of said debt. Sec. 6. This Act to take effect and be in force from and after its approval. |
Taxes on property in transferred territory.
Payment to Nye County by White Pine County.
Act to take effect. |
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Chap. LIII.An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and the Acts amendatory thereof, and to define the manner of assessing railroads proper in this State.
[Approved February 27, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all cases where a railroad is located and is being or has been constructed in or through one or more counties of this State, the President, Secretary, general Superintendent or managing agent of the corporation, company, or person owning the same, or some managing agent thereof, within the county, shall within a reasonable time after demand by the City Assessor of any county in or through which such road is being or has been constructed, furnish to such Assessor a statement under oath or affirmation, which shall be in writing, duly subscribed and sworn to before some officer authorized by the laws of this State to administer oaths, setting forth the length of said road in such county and the value thereof, with a list of the property, real and personal, (except rolling stock), pertaining thereto, also the whole length of said road within the State, and the number and value of all locomotives and cars commonly known as rolling stock used on said road within this State, and an apportionment of the value of such rolling stock to such county, the same to be estimated according to the proportion which the true portion in said county bears to the whole length of said railroad within the State. |
President, etc., to furnish statement to Assessor.
Statement, what to contain. |
κ1875 Statutes of Nevada, Page 106 (CHAPTER 53)κ
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Rolling stock used on part of road only.
Statement not conclusive.
Railroad defined.
Personal property, etc., how assessed.
Failure to furnish statement, duty of Assessor.
Basis of valuation.
Repeal. |
which the true portion in said county bears to the whole length of said railroad within the State. But in the event that any portion of the rolling stock, or personal property, of a railroad company, operated wholly within this State, shall not be used or employed in all the counties through or into which such railroad runs, then such portion of said rolling stock, or personal property, shall only be assessed in the county or counties where used or employed, and shall not be considered in any apportionment of the value of the rolling stock or personal property of such railroad in counties where not used or employed. The statement, however, shall not be conclusive, nor shall the value therein fixed bind the Assessor; but he shall, notwithstanding, proceed to value and assess said property according to his official judgment. Sec. 2. The word railroad shall be held to include, in addition to the track of said railroad, including the rails, couplings, spikes, ties, bridges, culverts, tunnels, cuts, fills, embankments, and the land owned by the right of way of such railroads, all the structures, fixtures, improvements, and buildings of said railroad owned thereon or used in connection therewith. The personal property belonging to said railroad, or used in connection therewith, and in operating the same, including the rolling stock, furniture, tools, implements, wood, and coal, shall be valued and assessed separately from the track of said road, and shall be listed and entered on the assessment roll under the head of personal property; all buildings and superstructures belonging to or used in connection with said railroad, except such as form a part of the track of said road, including depots, storehouses, woodsheds, machine shops, and roundhouses, shall be assessed separately from the track, and listed as real estate. Sec. 3. If any corporation, company, or person owning such railroad fail, neglect, or refuse, after being notified to furnish a statement for assessment and taxation as provided in this Act, the County Assessor may proceed to make the assessment in the same manner as in other cases, as provided in the Act to which this Act is supplementary, and any person upon whom a demand is made for a statement as in this Act provided, failing, neglecting, or refusing to furnish the statement as required, without legal excuse, shall be subject to the same punishment as in other cases of such failure, neglect, or refusal, as provided in the Act aforesaid. Sec. 4. In ascertaining, assessing, and fixing the value of any railroad for taxation, the Assessor shall assess it the same as other property, and shall consider, treat, and assess the portion thereof at its value within his county as an integral part of a complete, countinuous, and operated line of railroad, and not as so much land covered by the right of way merely, nor as so many miles of track consisting of iron rails, ties, and couplings. Sec. 5. An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, one thousand eight hundred and sixty-five, and the Acts amendatory thereof, approved March sixth, one thousand eight hundred and sixty-nine, and an Act to amend an Act entitled An Act supplementary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, |
κ1875 Statutes of Nevada, Page 107 (CHAPTER 53)κ
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mentary to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, one thousand eight hundred and sixty-five, and the Acts amendatory thereof, approved March sixth, one thousand eight hundred and sixty-nine, approved February twenty-first, one thousand eight hundred and seventy-three, are hereby repealed. |
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Chap. LIV.An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, one thousand eight hundred and sixty-five.
[Approved March 1, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of the Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, one thousand eight hundred and sixty five, is hereby amended so as to read as follows: Section Seven. The Assessor and his sureties shall be and they are hereby made liable for the taxes on all taxable property within the county which is not assessed through the Assessors willful or inexcusable neglect; and proof of the non-assessment of any taxable property within the county shall be prima facie evidence of such neglect. It shall be the duty of the County Auditor and County Treasurer to inform the District Attorney of the county of the nature and value of all property not assessed, together with the owner or owners thereof, whenever they or either of them shall know or have good reason to believe any property within the county has not been assessed according to law. It shall be the duty of the District Attorney of the several counties of this State, on the first Monday of January of each year, to report in writing to the Board of County Commissioners of his county a list of all taxable property, real and personal, in the county unassessed, at which time and place the Assessor of such county may appear and, by testimony under oath or other sworn proof, explain to the Board the reason of such non-assessment. If, after hearing such proofs, the said Board shall be satisfied that such non-assessment was excusable in the Assessor, it shall cause an order to that effect to be entered upon the minutes; and if the said Board shall be satisfied that any non-assessment was not excusable then said Board shall cause an order to that effect to be entered on its minutes, when it shall be the duty of the District Attorney of such county to demand of the Assessor thereof all the State and county taxes due and payable upon such property for the preceding year, and if the same shall not be paid by such Assessor within ten days from such demand, then said District Attorney shall forthwith commence an action in a Court of competent jurisdiction against such Assessor and his sureties, |
Assessor liable for taxes on property not assessed.
Duty of Auditor and Treasurer.
Duty of District Attorney. |
κ1875 Statutes of Nevada, Page 108 (CHAPTER 54)κ
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When Assessor not liable. |
ties, for the collection in one suit of all sums payable by said Assessor as aforesaid; provided, however, if it can be proven that any non-assessment was caused by the refusal of the owner, agent, or claimant of such property, or of the person or persons having it in possession or under his control or charge, to give a list of it to the Assessor, the Assessor shall not be liable; but the person or persons whose refusal to give the Assessor such list, and whose duty it was under the law to give such list, caused the omission, shall pay double the amount of the taxes that would have been imposed upon the property had it been assessed. |
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Real estate defined.
Personal property defined. |
Chap. LV.An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five.
[Approved March 1, 1875.]
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. The term real estate, when used in this Act, shall be deemed and taken to mean and include, and it is hereby declared to mean and include all houses, buildings, fences, ditches, structures, erections, railroads, toll roads, and bridges, or other improvements, built or erected upon any land, whether such land be private property, or property of the State, or of the United States, or of any municipal or other corporation, or of any county, city, or town in the State, the ownership of, or claim to, or possession of, or right of possession to any lands within the State, and the claim by or the possession of any person, firm, or corporation, association, or company to any land, and the same shall be listed under the head of real estate. The term personal property, whenever used in this Act, shall be deemed and taken to mean, and it is hereby declared to mean and include all household and kitchen furniture, all law, medical, and miscellaneous libraries, all goods, wares, and merchandise, all chattles of every kind and description, all money on hand, or on deposit in bank or banks, or with individuals, all moneys at interest, secured by mortgage or otherwise, gold dust, gold and silver bars, bullion, solvent debts, other than those mentioned in this section, when the amount exceeds the same character of indebtedness of the party assessed, stock of goods on hand, horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks, and jennies, and cattle of every description, wagons, carriages, buggies, omnibuses, stages, stage coaches, sulkies, carts, drays, and all other vehicles, whether for use, pleasure, or hire; also, all locomotives, cars, rolling stock, and other personal property used in operating any railroad within the State; all machines and machinery, all works and improvements, |
κ1875 Statutes of Nevada, Page 109 (CHAPTER 55)κ
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works and improvements, all steamers, vessels, and watercraft of every kind and name navigating or used upon the waters of any river or lake within this State, or having a general depot or terminus within this State; all capital loaned, invested, or employed in trade, commerce, or business whatsoever; the capital stock of all corporations (except the capital stock of corporations organized for mining purposes), companies, associations, ferries, or individuals doing business or having an office within this State; the money, property, and effects of every kind, except real estate, of all banks, banking institutions, or firms, bankers, money lenders, and brokers, and all property of whatever kind or nature not included in the term real estate, as said term is defined in this Act; provided, that gold and silver-bearing ores, quartz, or minerals from which gold or silver is extracted, when in the hands of the producers thereof, shall not mean, nor be taken to mean, nor be listed and assessed under the term personal property, as used in this section of this Act, but is [are] specially excepted therefrom, and shall be listed, assessed, and taxed, as provided by law. |
Proviso. |
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Chap. LVI.An Act to provide Fire Wardens in unincorporated cities and villages.
[Approved March 1, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Sheriff of any county in the State of Nevada to appoint one or more policemen for any city, town, or village which is unincorporated, when requested to do so, as provided by an Act entitled An Act to provide policemen in unincorporated cities, towns, and villages, approved March eleventh, eighteen hundred and sixty-five. The policemen so appointed shall be ex officio Fire Wardens of the unincorporated cities, towns, or villages for which they are acting as policemen. Sec. 2. It shall be the duty of the said Fire Wardens to go, in the daytime, and examine all houses, buildings, or superstructures within the city, town, or village where they are acting as said Fire Wardens and policemen, and ascertain, from personal examination, the condition of all the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces, or other articles, or anything used in said house, building, or superstructure, in which to hold fire or to conduct the smoke from any fire; and when any of said articles or the fixtures thereto are found to be so defective, in make or material, or so situated as to endanger any of the property of said city, town, or village, or the property of any of the inhabitants thereof, to loss from fire by or on account of any of said defects, then the said Fire Wardens shall, in writing, notify the owner or occupant of said house, building, |
Policemen in unincorporated towns to be appointed by Sheriff.
Duty of Fire Wardens to make examinations, etc. |
κ1875 Statutes of Nevada, Page 110 (CHAPTER 56)κ
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Notice to owner, etc.
Examination of streets, alleys, etc.
Failure to repair, etc., made misdemeanor.
Penalty.
Failure to remove inflammable material, etc., made misdemeanor.
Penalty.
Removal, etc., by Warden.
Fee of Warden, upon conviction. |
building, or superstructure where such defective chimney, flue, or stovepipe, or other article, is situated, to repair the same, so as to prevent danger from fire to the property in said city, town, or village; and said Fire Wardens shall also direct the manner in which said repairs shall be made; said Fire Wardens shall also, under the direction of the Chief Engineer of the Fire Department, where there is one, and where there is no Chief Engineer of a Fire Department in a city, town, or village, then under the direction of the Sheriff, shall examine streets, alleys, out-lots, and the surrounding of houses and buildings in such city, town, or village, where he is acting as such Fire Warden, and direct the removal, by the owner of the premises, of any inflammable matter or material found thereon; and generally to perform such duties as directed by the Sheriff of the county, or the Chief of the Fire Department in the city, town, or village, to fully protect the property of such city, town, or village from loss by conflagration. Sec. 3. Any person who shall, after being notified by the Fire Wardens to repair any defective chimney, flue, furnace, range, oven, stovepipe, or fixture therewith connected, so as to prevent the same from endangering the property of said city, town, or village from destruction or loss by fire, who shall neglect or refuse for a longer time than twenty-four hours after notice in writing to repair the same to comply with the order and direction of said Fire Wardens, and shall fail or refuse to make the required repairs, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars and not to exceed five hundred dollars, together with the costs of prosecution in the case. Sec. 4. When the said Fire Warden shall order the removal of any dangerous or inflammable material from the premises of any person, a failure to comply or remove the same upon the part of the owner, occupant, or agent of the premises where said dangerous or inflammable material is situated, for the period of forty-eight hours after notice in writing from said Fire Warden to remove the same from the limits of the city, town, or village, so as to prevent danger therefrom, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution, and shall also be directed to remove said dangerous or inflammable article or articles, or that the same shall be removed by the said Fire Warden at the expense of said defendant, in case the defendant neglects to remove the same for one day after being notified by the Justice of the Peace or other officer so to do. Sec. 5. The Fire Warden shall be allowed a fee of five dollars in each conviction, in addition to other costs, to be collected from defendant. |
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κ1875 Statutes of Nevada, Page 111κ
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Chap. LVII.An Act to encourage the mining, milling, smelting, or other reduction of ores in the State of Nevada.
[Approved March 1, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The production and reduction of ores are of vital necessity to the people of this State; are pursuits in which all are interested, and from which all derive a benefit; so the mining, milling, smelting, or other reduction of ores are hereby declared to be for the public use, and the right of eminent domain may be exercised therefor. Sec. 2. Any person, company, or corporation engaged in mining, milling, smelting, or other reduction of ores, may acquire any real estate, or any right, title, interest, estate, or claim therein or thereto necessary for the purposes of any such business, by means of the special proceedings prescribed in this Act. The said special proceedings shall be substantially as follows: There shall be filed in the Clerks office of the District Court in the county where the real estate is situated, a petition verified according to law, stating therein the name of the person, company, or corporation presenting the petition, that they are engaged in the business of mining, milling, smelting, or other reduction of ores as aforesaid, the description by the metes and bounds, or by some accurate designation of the tract or tracts of land desired to be appropriated for the purposes of such business, and that a necessity exists therefor, setting forth the names of those in possession of said lands, and of those claiming any right, title, or interest therein, so far as the same can be ascertained by reasonable diligence. Sec. 3. The persons in occupation of said tract or tracts of land, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the Commissioners herein provided for, and in proceedings subsequent thereto, in the same manner as if they had appeared and answered said petition. Sec. 4. The said Court, or the Judge thereof, either in term or vacation, shall, by order, appoint the time for the hearing said petition, and such hearing may be had, and all orders in said proceedings may be made by the said Court or the Judge thereof, either in term time or vacation. Sec. 5. The petitioner shall cause all the occupants and owners of said tract or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in said county, to be personally notified of the pendency of the said petition at least ten days before the hearing thereof; and if any of said occupants or owners are unknown, or do not reside in said county, and have not been personally notified of the pendency of the said petition, such petitioner shall cause a notice, stating the filing of said petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the hearing of said petition, |
Right of eminent domain.
Lands for such purposes, how acquired.
Verified petition.
Defendants upon petition, who considered.
Hearing upon petition.
Notice of pendency of petition. |
κ1875 Statutes of Nevada, Page 112 (CHAPTER 57)κ
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Hearing upon petition.
Commissioners, how selected, duties, etc.
Meetings of Commissioners, etc.
Powers and duties of Commissioners. |
the hearing of said petition, to be published for four successive weeks, previous to the time of hearing said petition, in a newspaper published in said county, or if none is published in said county, then in a newspaper published nearest to said county. Sec. 6. The defendants to said petition may appear and show cause against said petition on or before the time for the hearing thereof, or such other time as the hearing may be continued to; and upon satisfactory proof being made that the defendants have been duly notified of the pendency of said petition, as herein prescribed; and upon the hearing of the allegations and proofs of the said parties, if the said Court or Judge shall be satisfied that the said lands, or any part thereof, are necessary or proper for any of the purposes mentioned in said petition, then such Court or Judge shall appoint three competent and disinterested persons as Commissioners, one of whom shall be selected from among the persons, if any, named for that purpose by said petitioner, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title, or interest in or to each of said tracts of land, for and in consideration of the appropriation of such land to the use of said petitioner. If any vacancy occur among said Commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more Commissioners may be appointed by said Court or Judge to fill such vacancy, upon notice being given of such vacancy as said Court or Judge may direct. Sec. 7. The said Court or Judge shall appoint the time and place for the first meeting of said Commissioners, and the time for filing their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties. The said Commissioners, or a majority of them, shall meet, at the time and place, as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpoenas for witnesses for either of said parties, and may administer oaths; and said Commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties. Sec. 8. The said Commissioners shall proceed to view the several tracts of land, as ordered by said Court or Judge, and shall hear the allegations and proof of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated to be paid by said petitioner to the person or persons having or holding any right, title, or interest in or to each of the several tracts of land; and such Commissioners shall, on or before the time or times as ordered by said Court or Judge, file in said Clerks office their report, signed by them, or a majority of them, setting forth their proceedings in the premises; and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the Court or Judge shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title, or interest therein thus sought to be appropriated, the parties thus asserting such claim shall present the same by petition to the Court or Judge after the report of the Commissioners shall have been filed, |
κ1875 Statutes of Nevada, Page 113 (CHAPTER 57)κ
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thus asserting such claim shall present the same by petition to the Court or Judge after the report of the Commissioners shall have been filed, and the said Court or Judge shall proceed to hear and determine the same; and in such cases said petitioner may pay the amount of such compensation to the Clerk of said Court, to abide the order of the Court or Judge in said proceedings, and said petitioner shall not be liable for any of the costs caused by the adjudication of such conflicting claims. Sec. 9. The said petitioner, or any of said defendants, if dissatisfied with the report, may, within twenty days after the time of filing said report, and after ten days notice to the parties interested, move to set aside the report, and to have a new trial as to any tract of land, on good cause shown therefor, and the said Court or Judge shall set aside the report as to such tract of land, and may recommit the matter to the same or to other Commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to Commissioners. Sec. 10. Upon the expiration of twenty days after the filing of said report or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given as aforesaid, and if the proceedings of said Commissioners appear to have been correctly and properly done, the said Court or Judge shall confirm each of said reports and certify the same thereon. Sec. 11. Each of said reports and the certificates thereon, upon the compensation therein named being paid, shall be recorded in the Recorders office of said county by said petitioner. The said Court or Judge may make all such orders as may be necessary or proper in the special proceedings provided for in this Act, and shall cause the pleadings and proceedings to be amended, whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such special proceedings shall be taxed by the Clerk at the rates prescribed in the fee bill for said county in civil actions, and also the compensation of the Commissioners which shall be fixed by the Court or Judge, and shall be paid by said petitioner, except in case where a defendant shall move for a new trial, and the compensation assessed by the Commissioners shall not be increased more than ten per cent. upon the previous assessment, in which case such defendant shall pay the costs. Sec. 12. If the title attempted to be acquired by virtue of the provisions of this Act shall be found to be defective from any cause, such petitioner may again institute proceedings to acquire the same, as in this Act prescribed, and at any stage of such new proceedings, or of any proceedings under this Act, the Court or Judge in chambers may rule, or by order in their behalf made, authorize such petitioner, if already in possession, to continue in the use and possession, and if not in possession, to take possession of and use such premises during the pendency of, and until the final conclusion of such proceedings, and may stay all actions and proceedings against such petitioner on account thereof, provided such petitioner shall pay a sufficient sum into Court, or give security, to be approved by such Court or Judge, to pay the compensation in that behalf when ascertained. |
Claims to the compensation assessed, how asserted.
Objections to report, how made and heard.
Report, when to be confirmed.
Reports to be recorded
Orders, etc., by Judge.
Costs, etc.
Defective title, new proceedings thereon.
Petitioner entitled to possession. |
κ1875 Statutes of Nevada, Page 114 (CHAPTER 57)κ
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Petitioner acquires the land, etc., when.
Payment to be made, when.
Realty of incompetent person, how acquired.
Voluntary sale.
Payment to person entitled.
Term person defined. |
on account thereof, provided such petitioner shall pay a sufficient sum into Court, or give security, to be approved by such Court or Judge, to pay the compensation in that behalf when ascertained. Sec. 13. Upon the filing of the report of the Commissioners for record as above provided for, and upon the payment or tender of the compensation and costs as prescribed in this Act, the real estate, or the right, title, or interest therein described in such report, shall become the property of said petitioner for the purpose of the business of mining, milling, smelting, or other reduction of ores as aforesaid, so long as the same shall be continued, and shall be deemed to be acquired for and appropriated to public use. Sec. 14. Such petitioner shall, within thirty days after the final confirmation of the report aforesaid, pay or tender the sum of money ascertained and assessed by said Commissioners as and for the compensation of each tract of land described in said report of which the compensation was ordered by said Court or Judge to be ascertained and assessed as aforesaid; and said payment or tender may be made to the person or persons owning said tract of land, or having or holding any right, title, or interest therein, according to the amount or extent of the right, title, or interest owned or held therein. by such person or persons; or said payment may be made to the said Clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes as if the said sum of money had been personally paid to each and all of the persons entitled thereto. Sec. 15. If it shall become necessary for any of the purposes aforesaid for such petitioner to acquire any real estate, or any right, title, or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator, as the case may be, shall be subject to process, judgment, and decree as herein provided for persons of full age or capable of contracting, or without such process, judgment, or decree, they may sell and convey the property desired to said petitioner; but neither such sale or conveyance shall be valid for any purpose until the same shall have been approved by the Judge of the proper Court, and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall have the same force and effect for the purposes in this section mentioned as if the same had been executed by persons competent to convey lands in their own names. Sec. 16. The said Court or Judge shall, at the time of the payment of any sum of money to the said Clerk under the provisions of this Act, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall upon satisfactory proof appear to be entitled thereto. Sec. 17. In all the proceedings in relation to the sale or appropriation of real estate, and ascertaining and receiving the compensation therefor, for the purposes as prescribed in this Act, the term person shall be deemed to include municipal or other corporations, and the word petitioner to designate any person or number of persons, company, or corporation who may in any case petition as provided in this Act. |
κ1875 Statutes of Nevada, Page 115 (CHAPTER 57)κ
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other corporations, and the word petitioner to designate any person or number of persons, company, or corporation who may in any case petition as provided in this Act. Sec. 18. The minutes of the proceedings had before such Judge shall be entered by said Clerk, in the same manner and with the same force and effect, as if the proceedings were had before said Court in term time. |
Minutes of proceedings. |
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Chap. LVIII.An Act making appropriations for deficiencies in the seventh, eighth, ninth, and tenth fiscal years.
[Approved March 1, 1875.]
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 moneys in the General Fund of this State, not otherwise appropriated by law, or which may come into said General Fund, for the payment of miscellaneous deficiency claims against the State: To Drs. Langdon and Clark, seven hundred and thirty-six dollars and sixty-four cents ($736 64); to E. D Sweeney, six hundred dollars ($600); to Wells, Fargo & Co., three hundred dollars ($300); to Marshall Robinson (assignment of C. A. V. Putnam), seventeen hundred and sixty-seven dollars and thirty-eight cents ($1, 767 38); to L. A. Buckner, two hundred dollars ($200); to John Rosser, three hundred and fourteen dollars and forty-four cents ($314 44); to N. D. Chamberlain, six hundred and twelve dollars and four cents ($612 04); to G. Perasich, fifty-eight dollars and ninety-one cents ($58 91); to A. D. Treadway, eighty-nine dollars and seventy-three cents ($89 73); to J. Rosenstock fifty-five dollars and fifty cents ($55 50); to O. P. Willis, twenty-two dollars and fifty cents ($22 50); to E. B. Rail, thirty-three dollars and twenty-five cents ($33 25); to Carson Post Office, twenty-seven dollars and thirty-four cents ($27 34); to R. F. Brooks, twenty dollars and seventy-five cents ($20 75); to J. M. Benton, fifteen dollars ($15); to Robinson & Mighels, thirteen dollars and fifty cents ($13 50); to Williams and Son, eight hundred and sixteen dollars and sixty-five cents ($816 65); to S. M. Griffith, sixty dollars ($60); to S. H. Hodgkinson; one hundred and twenty-five dollars ($125); to Dr. Davidson, fifty dollars ($50) to Victor Lafleur, one hundred and fifty dollars ($150); to J. M. Massey, sixty dollars ($60); to J. Pierce, six dollars and seventy-eight cents ($6 78); to John G. Fox, sixteen dollars and fifty cents ($16 50); to Kersey & Bowden, eleven dollars and twelve cents ($11 12); to A. Shumaker, seven hundred and ninety-one dollars and eighty-eight cents ($791 88); to P. C. Hyman, sixty-two dollars and ninety-five cents ($62 95); to F. D. Clayton, forty-five dollars ($45). Sec. 2. The Controller of State is hereby directed to draw his warrants in favor of the persons named, with the several amounts specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
Deficiency appropriations.
Claimants. |
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Controller to draw warrants, etc. |
his warrants in favor of the persons named, with the several amounts specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
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Repeal.
Act construed. |
Chap. LIX.An Act to repeal an Act entitled 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 seventh, eighteen hundred and seventy-three.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter Ninety of the laws enacted at the sixth session of the Legislature of the State of Nevada, entitled 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 seventh, eighteen hundred and seventy-three, is hereby repealed. Sec. 2. Nothing in this Act shall in any manner affect the provisions of an Act entitled An Act to redistrict the State of Nevada, approved March seventh, eighteen hundred and seventy-three; but all the provisions of said Act are hereby declared to be in full force and effect, except in so far as they have been modified, superseded, or repealed since the first day of January, eighteen hundred and seventy-five. |
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Moneys received for prison labor, etc., to be paid into Prison Fund. |
Chap. LX.An Act amendatory of and supplementary to An Act to provide for the government of the State Prison of the State of Nevada, approved March seventh, eighteen hundred and seventy-three.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of the Act of which this is amendatory [of] and supplementary to, is hereby amended so as to read as follows: Section Thirteen. 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 Prison 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 on or before the tenth of each month. |
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to the credit of the State Prison Fund; and the Secretary of said Board shall make a report thereof to the Controller on or before the tenth of each month. Sec. 2. On or before the tenth of each month, the Warden shall prepare a statement in duplicate, setting forth in detail the number, value, and description of all articles manufactured for sale at the prison, and the number and value of all articles sold during the preceding month. The original he shall file with the Secretary of the Board of Prison Commissioners, and the duplicate with the State Controller. Sec. 3. The Warden shall also prepare a quarterly statement, which shall be in duplicate, and filed with the Secretary of the Board and the State Controller, setting forth in detail the amount, description, and value of all articles sold during the preceding quarter, the amount of money collected from such sales, the amount outstanding, what for and by whom owed, the amount, description, and value of manufactured and unmanufactured stock on hand, and the amount, description, and value of all tools and machinery on hand connected with the manufacture of articles at the prison. Sec. 4. All Acts and parts of Acts, in reference to the government of the State Prison of Nevada, so far as they conflict with the provisions of this Act, are hereby repealed. |
Monthly statement by Warden, in duplicate.
Quarterly statement of Warden, in duplicate.
Conflicting Acts repealed. |
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Chap. LXI.An Act to amend an Act entitled An Act to regulate proceedings in criminal cases in the Courts of justice in the Territory of Nevada, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and eighty-six of said Act is hereby amended so as to read as follows: Section One Hundred and Eighty-six. No person can take advantage of any objection to the panel or to an individual Grand Juror, in any other mode than by challenge, as prescribed in the preceding section. Sec. 2. Section three hundred and thirty-nine of said Act is hereby amended so as to read as follows: Section Three Hundred and Thirty-nine. The particular cause of challenge is such bias as is presented [presumed] to exist, and which in judgment of law disqualifies the juror when the existence of [a] certain state of facts is ascertained. It is known as implied bias. Sec. 3. Section three hundred and forty of said Act is hereby amended so as to read as follows: Section Three Hundred and Forty. A challenge for implied bias may be taken for all or any of the following causes, and for no other: First, |
Challenge panel or individual Grand Juror.
Implied bias. |
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Causes for challenge for implied bias.
Challenge, how made.
Trial for challenge.
Order of challenges.
Formation of jury in capital cases, etc.
Actual bias. |
for no other: First, consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant; second, standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages; third, being a party adverse to the defendant, in a civil action, or having complained against or been accused by him in a criminal prosecution; fourth, having served on the Grand Jury which found the indictment, or on a Coroners Jury which inquired into the death of a person whose death is the subject of the indictment; fifth, having served on a trial jury which has tried another person for the offense charged in the indictment; sixth, having been one of a jury formerly sworn to try the same indictment, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it; seventh, having served as a juror in a civil action brought against the defendant for the act charged as an offense; eighth, if the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty, in which case he shall neither be permitted nor compelled to serve as a juror. Sec. 4. Section three hundred and forty-two of said Act is hereby amended so as to read as follows: Section Three Hundred and Forty-two. In a challenge for implied bias, one or more of the causes stated in section three hundred and forty must be alleged. The challenge may be oral, but must be entered in the minutes of the Court. Sec. 5. Section three hundred and forty-four of said Act is hereby amended so as to read as follows: Section Three Hundred and Forty-four. If the facts be denied the challenge shall be tried by the Court. Sec. 6. Section three hundred and fifty-three of said Act is hereby amended so as to read as follows: Section Three Hundred and Fifty-three. The challenges of either party need not all be taken at once, but they must be taken separately in the following order, including in each challenge all the causes of challenge belonging to the same class: First, to the panel; second, to an individual juror for a general disqualification; third, to an individual juror for implied bias. Sec. 7. Section three hundred and fifty-four of said Act is hereby amended so as to read as follows: Section Three Hundred and Fifty-four. If the offense charged be punishable with death or imprisonment in the State Prison for life, the examination of jurors shall be continued till thirty-six competent jurors are obtained who are free from any of the objections specified in sections three hundred and thirty-eight and three hundred and forty. These thirty-six jurors may then be examined as to their actual state of feeling towards the defendant, and as to all matters from which a bias against the State or the defendant may be inferred. When such examination is concluded, the State and the defendant shall challenge peremptorily one juror alternately till each has taken twelve peremptory challenges, and the remaining twelve jurors shall be sworn to try the case. |
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peremptorily one juror alternately till each has taken twelve peremptory challenges, and the remaining twelve jurors shall be sworn to try the case. If the defendant shall refuse to take his peremptory challenge in his turn, the Court shall take it for him. The same proceedings shall be had on trials for lesser grades of felony, except that twenty-four jurors in place of thirty-six shall be obtained, and the parties shall be allowed six peremptory challenges each in place of twelve. If, in the process of forming a jury as herein provided, any juror on the panel fails to appear or answer to his name, the Court may, in its discretion, proceed without him, or the proceedings may be suspended till he can be brought into Court. Sec. 8. Section four hundred and thirty of said Act is hereby amended so as to read as follows: Section Four Hundred and Thirty. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or a verdict against the defendant on a plea of former conviction or acquittal. It may be founded on any of the defects of the indictment mentioned in section two hundred and ninety-four. Sec. 9. Section four hundred and seventy-three of said Act is hereby amended so as to read as follows: Section Four Hundred and Seventy-three. An appeal must be taken within twenty days after the judgment is rendered. Sec. 10. Sections two hundred and seventy-six, three hundred and thirty, three hundred and thirty-four, three hundred and thirty-five, three hundred and thirty-six, three hundred and forty-five, three hundred and forty-six, three hundred and fifty, and three hundred and fifty-one, are hereby repealed. |
Peremptory challenges.
Absent juror.
Arrest of judgment, grounds of.
Appeal, when to be taken. Repeal. |
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Chap. LXII.An Act to amend an Act entitled An Act concerning the Courts of justice of this State, and judicial officers, approved January twenty-sixth, eighteen hundred and sixty-five.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nineteen of said Act is amended so as to read as follows: Section Nineteen. The terms of holding these Courts shall be as provided by law in such districts, and such terms shall continue so long as the business may require, or until the day fixed for the commencement of another term in the same district. The Court may adjourn from time to time during the term, and may, when the public convenience requires, adjourn the term over the time fixed by law for the commencement of another term in the same district. Judgments and orders of the District Court may be entered either in term or vacation, in civil cases. |
Terms of District Courts, etc. |
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Bonds, issuance of authorized.
Style and amount of bonds; interest.
Form of bonds.
Sale of bonds.
Redemption of bonds heretofore issued.
Exchange of bonds. |
Chap. LXIII.An Act to authorize the Commissioners of Humboldt County to issue bonds to the amount of fifty-two thousand dollars, for the purpose of redeeming bonds heretofore issued, and to provide for the payment of such bonds.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Humboldt County are hereby authorized and directed to prepare and issue the bonds of said county to the amount of fifty-two thousand dollars, in the form hereinafter specified. Sec. 2. The said bonds shall be of the amount of five hundred dollars each, and 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 ten per cent. per annum, payable semi-annually at the office of the County Treasurer of said county, on the first day of January and the first day of July in each year. The bonds shall be payable to bearer, at the office of the County Treasurer of said county, in twenty years from their date. The bonds shall be prepared in proper form, under the directions of the Board, and shall be signed by the President of the Board, and countersigned by its Clerk, who shall attach thereto the county seal. The coupons for the semi-annual interest shall be signed by the President and the Clerk of the Board. Sec. 3. Except as hereinafter provided, the Board of County Commissioners shall cause said bonds to be negotiated and sold for gold coin as soon as practicable, and to that end are hereby authorized to take such steps as in their judgment the necessities of the case may require; provided, none of the bonds provided for in this Act shall be sold for less than ninety-eight per cent. of their par value, and all moneys realized from the sale of said bonds shall be placed in the County Treasury, and shall be disposed of as in the next section provided. Sec. 4. When at any time there shall be the sum of one thousand dollars or more in the County Treasury under the provisions of the preceding section, the Treasurer of the county shall give notice of his readiness to redeem a specific number of the bonds of said county heretofore issued in November, A. D. eighteen hundred and seventy-three, and January and February, A. D. eighteen hundred and seventy-four, by publication of such notice in a newspaper published nearest the county seat of said county for four successive weeks. Such notice shall explicitly state the number of said bonds to be redeemed, and shall designate them by their numbers. Said bonds shall be redeemed in the order of their issuance, commencing with those first issued. At the expiration of the four weeks aforesaid all interest on said bonds shall cease. Sec. 5. At the option of any holder or holders of any or all of the bonds heretofore issued by the Commissioners of said county, mentioned in the preceding section, the Commissioners of said county are authorized and directed to cause the bonds provided to be issued in this Act, |
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of said county are authorized and directed to cause the bonds provided to be issued in this Act, or any of such bonds, to be delivered to such holder or holders, upon the surrender to said Board by such holder or holders of the bonds heretofore issued, or any of them, in exchange and full redemption thereof. The Board of Commissioners may, before entering any order for the negotiation and sale of the bonds mentioned in section one of this Act, require its Clerk to address a written notice, under the seal of the county, to the holder or holders of the bonds heretofore issued, if the same be known to said Board, which notice shall state to said holder or holders of the bonds aforesaid the readiness of the Board to redeem and take up such bonds, as provided in this section. Sec. 6. The said Board of County Commissioners are hereby authorized and required to levy and cause to be collected annually hereafter, and until all of the bonds issued under the provisions of this Act and the interest thereon shall have been fully paid or provided for, a tax of thirty cents on each one hundred dollars of the taxable property of the county of Humboldt, to be applied exclusively to the payment of the principal and interest of said bonds. Sec. 7. All moneys collected under the provisions of the preceding section shall be placed in a separate fund, to be known as the Court House Interest and Sinking Fund, and shall be applied: First, to the payment of the semi-annual interest as above directed, and, second, to the redemption of said bonds as provided in the next section. Sec. 8. Whenever all interest due on said bonds shall have been fully paid, and there shall be in said fund a surplus, which upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same to be made and filed with the Clerk of said Board on or before a day certain therein named. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of the said bonds; and, provided further, that in case no proposals are filed as herein provided, the Board shall transfer the surplus moneys remaining in said fund, except so much thereof as may be required for the payment of interest as aforesaid, into the other county funds, apportioning such moneys into the different funds in the same way that taxes levied and collected for county purposes are apportioned. |
Notice to holders of prior bonds
Levy of tax authorized.
Court House Interest and Sinking Fund.
Purchase of bonds authorized.
Opening of proposals.
Transfer of surplus. |
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Liens, who entitled.
Agents of owners, who deemed.
Liens to laborers on city lots.
Lands occupied by buildings, etc., subject to lien.
Preference of lien.
Statement to be filed. |
Chap. LXIV.An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto.
[Approved March 2, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person performing labor upon or furnishing material of the value of twenty-five dollars, to be used in the construction, alteration, or repairs of any building or other superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, building, bridge, fence, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done, or materials furnished, by each respectively, whether done or furnished at the instance of the owners of the building or other improvement, or his agent; and every contractor, sub-contractor, architect, builder, or other persons having charge of any mining claim, or of the construction, alteration, or repairs, either in whole or in part, of any building or other improvement as aforesaid, shall be held to be the agent of the owner for the purpose of this Chapter. Sec. 2. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in, or otherwise improves the same, or the street in front of or adjoining the same, has a lien upon such lot for his work done and materials furnished. Sec. 3. The land occupied by any building or other superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, bridge, or fence, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the Court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing of the materials for the same, the land belonged to the person who caused said building, improvement, or structure to be constructed, altered, or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. Sec. 4. The liens provided for in this Chapter are preferred to any lien, mortgage, or other incumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished; also, to any lien, mortgage, or other incumbrance, of which the lien-holder had no notice, and which was unrecorded at the time the building, improvement, or structure was commenced, work done, or the materials were commenced to be furnished. Sec. 5. Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this Chapter, must, within thirty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, |
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tion or repair thereof, or performance of any labor in a mining claim, file for record with the County Recorder of the county in which the property, or some part thereof, is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person. Sec. 6. In every case in which one claim is filed against two or more buildings, mining claims, or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mining claims, or other improvements, otherwise the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated, as against other creditors having liens by judgment or otherwise, upon either of such building or other improvements, or upon the land upon which the same are constructed. Sec. 7. The Recorder must record the claim in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments. Sec. 8. No lien provided for in this Chapter binds any building, mining claim, improvement, or structure for a longer period than six months after the same has been filed, unless proceedings be commenced in a proper Court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit; provided, nevertheless, that if there are other claims outstanding against the property, no time or credit shall be given upon the lien after the expiration of the six months in which proceedings are required to be commenced which will tend to delay or postpone the collection of other claims or incumbrances against the property; but no lien continues in force for a longer time than two years from the time the work is completed by any agreement to give credit. Sec. 9. Every building or other improvement mentioned in section one of this Act, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this Chapter, unless such owner or person having or claiming an interest therein shall, within three days after he shall have obtained knowledge of the construction, alteration, or repair, or the intended construction, alteration, or repair, give notice that he will not be responsible for the same, by posting a notice in writing to that effect in some conspicuous place upon said land, or upon the building or other improvement situate thereon. Sec. 10. The contractor shall be entitled to recover, upon a lien filed by him, |
Verification of statement. Liens upon separate buildings, etc.
Record of claim of lien.
Limitation of lien.
Construction of building, etc, with knowledge of owner of land, warrants lien on land, when. |
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Recovery upon lien.
Rank or order of liens.
Consolidation of liens, etc.
Materials, etc., exempted from attachment, etc.
Personal action.
Action on lien. |
lien filed by him, only such amount as may be due to him according to the terms of his contract, after deducting all claims of other parties, for work done and material furnished, as aforesaid; and in all cases where a lien shall be filed under this Chapter, for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action the owner may withhold from the contractor the amount of money for which such lien is filed; and in case of judgment against the owner or his property upon the lien, the said owner shall be entitled to deduct, from any amount due or to become due by him to the contractor, the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor, he shall be entitled to recover back from the contractor any amount so paid by him, the said owner, in excess of the contract price, and for which the contractor was originally the party liable. Sec. 11. In every case in which different liens are asserted against any property, the Court, in the judgment, must declare the rank of each lien or class of liens, which shall be in the following order, viz: First-All persons other than the original contractors and sub-contractors. Second-The sub-contractors. Third-The original contractors. And the proceeds of the sale of the property must be applied to each lien or class of liens in the order of its rank. Sec. 12. Any number of persons claiming liens may join in the same action; and when separate actions are commenced the Court may consolidate them. The Court may also allow, as part of the costs, the moneys paid for filing and recording the lien. Sec. 13. Whenever materials shall have been furnished for use in the construction, alteration, or repair of any building, or other improvement, such materials shall not be subject to attachment, execution, or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement. Sec. 14. Nothing contained in this Chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished, to maintain a personal action to recover such debt against the person liable therefor. Sec. 15. Said liens may be enforced by an action in any Court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien; and at the time of filing the complaint and issuing the summons the plaintiff shall cause a notice to be published at least once a week, for three successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the Court may determine, notifying all persons holding or claiming liens under the provisions of this Act on said premises, to be and appear before said Court, on a day specified therein, and during a regular term of such Court, and to exhibit then and there the proof of their said liens. |
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during a regular term of such Court, and to exhibit then and there the proof of their said liens. On the day appointed, the Court shall enter judgment according to the right of the parties, and shall, by deecre, proceed to hear and determine the said claims in a summary way, or may refer the same to a referee to ascertain and report upon said liens and the amount justly due thereon; and all liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited. On ascertaining the whole amount of said liens with which the said premises are justly chargeable, as hereinbefore provided, the Court shall cause said premises to be sold in satisfaction of said liens and costs, including costs of suit; and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any District Court, for the sale of real estate; and if the proceeds of sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then such proceeds shall be apportioned according to the right of the several parties. In case the proceeds of such sale amount to more than the sum of said liens and the cost of sale, then the remainder shall be paid over to the owner of said property; and each party whose claim is not satisfied in the manner hereinbefore provided for, shall have personal judgment for the residue against the party legally liable for the same; provided, such person has been personally summoned or has appeared in the action. Sec. 16. The claimant of any such lien filed as aforesaid, on the payment of the amount thereof, together with the costs incurred and the acknowledgment of satisfaction, shall, at the request of any person interested in the property charged therewith, enter or cause to be entered an acknowledgment of satisfaction of the same [of] record within ten days from the request, and for failure of the claimant to enter satisfaction within the time, shall forfeit and pay to the person making the request the sum of twenty dollars per day until the same shall be entered, to be recovered in the same manner as other debts. Sec. 17. Two or more creditors of the same class may assign their claims, duly verified, to any other creditor or person of the same class, and the assignee may commence and prosecute the action upon them all in his own name. All liens under this Act shall be assignable as any other chose in action. Sec. 18. All persons who shall perform work or labor upon any tract or tracts of lands, by cutting and cording the wood or timber growing or being thereon, pursuant to a contract therefor with the person or persons owning such tract or tracts of land, or in possession of the same under a bona fide claim or title thereto, shall have and may each respectively claim and hold a lien upon the wood or timber so cut and corded for the amount in value of the work or labor so performed, by retaining possession of the same until the whole amount due for such work or labor shall have been paid; provided, that any lien claimed and held as aforesaid shall be deemed to be waived unless an action be brought in some Court of competent jurisdiction for the recovery of the amount for which such lien is claimed as security within thirty days after such wood or timber shall have been taken in possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood or timber retained in possession by the claimant. |
Trial of liens.
Sale of premises.
Satisfaction and discharge of lien, etc.
Lien claims made assignable.
Liens for cutting wood and timber.
Action to be brought, etc. |
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Judgment, how satisfied.
Foundrymen, boilermakers, etc., liens of.
Repeal. |
have been taken in possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood or timber retained in possession by the claimant. If the judgment be for the plaintiff in such action, the execution shall direct the same, with costs, to be satisfied out of the wood or timber so retained, if the same shall be sufficient; if not, then the balance to be satisfied out of any other property of the defendant in the same manner provided by law. Justices of the Peace shall have jurisdiction of all actions under the provisions of this Act, when the amount claimed does not exceed three hundred dollars. Sec. 19. All foundrymen and boilermakers, and all persons performing labor, or furnishing machinery, or boilers, or castings, or other materials for the construction, or repairing, or carrying on of any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory, or hoisting works, for such work or labor done on such machinery, or boiler, or castings, or other material furnished by each respectively; and all the provisions of this Act respecting the mode of filing, recording, securing, and enforcing the liens of contractors, sub-contractors, journeymen, laborers, and others, and the word superstructure, wherever it occurs in this Act, shall be applicable to the provisions of this section of this Act. Sec. 20. An Act of the Legislature entitled An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto, approved March fourth, eighteen hundred and seventy-one, and all other Acts and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed. |
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Salaries of Justices of Supreme Court and State officers, how paid.
Repeal. |
Chap. LXV.An Act providing for the monthly payment of the salaries of the Justices of the Supreme Court and State officers.
[Approved March 4, 1875.]
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 annual salaries of the Justices of the Supreme Court and State officers shall be paid in twelve equal installments; and on the first Monday of each month the State Controller shall draw his warrants for the payment of said salaries for the preceding month. Sec. 2. All Acts and parts of Acts, relating to the payment of the salaries of the Justices of the Supreme Court and State officers, so far as they conflict with the provisions of this Act, are hereby repealed. |
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Chap. LXVI.An Act for the payment of the claim of Ormsby County.
[Approved March 4, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand forty-one and sixty-six one hundredths dollars is hereby appropriated out of any moneys in the General Fund, not otherwise specifically appropriated, for the purpose of paying the claim of Ormsby County for a judgment obtained by said county against the State of Nevada, in the District Court, Second Judicial District, in and for the County of Ormsby, State of Nevada, on the twenty-fifth day of January, A. D. eighteen hundred and seventy, and for the balance due to the said county from the State of Nevada, for rent of said county buildings in the years eighteen hundred and seventy and eighteen hundred and seventy-one; and the Controller of State is hereby authorized and required to draw his warrant upon the Treasurer in favor of said Ormsby County for said amount, and the Treasurer is hereby required to pay the same. Sec. 2. This Act shall be in force and take effect on and after its passage. |
Appropriation.
Controller to draw warrant. Act to take effect. |
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Chap. LXVII.An Act defining misdemeanors in certain cases and prescribing penalties therefor.
[Approved March 4, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall willfully deface, break down, or destroy any fence upon or surrounding the State Capitol grounds of this State, or who shall erect any bulletin board, or other advertising device, or deposit any garbage, cord-wood, empty boxes, or other debris or obstruction, within twenty feet of said fence, or who shall injure, break down, or destroy any tree, shrub, or other thing upon said grounds, belonging to the State, shall be deemed guilty of a misdemeanor, and, upon due conviction thereof, shall be punished by a fine in any sum not exceeding five hundred dollars, or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court; provided, that the provisions of this Act shall not apply to the Commissioners authorized by law to improve the grounds surrounding the Capitol building. |
Defacement or obstruction of capitol premises made misdemeanor.
Exemption from provisions of Act. |
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Gaming without license made misdemeanor.
Amount to be paid for license.
Licensed gaming, where may be carried on, etc.
No sign or advertising device allowed.
Punishment. |
Chap. LXVIII.An Act to amend An Act to restrict gaming, passed March fourth, eighteen hundred and sixty-nine, and all Acts amendatory thereof.
[Approved March 4, 1875.]
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. Each and every person who shall deal, play, carry on, open, or cause to be opened, or who shall conduct, either as owner or employe, whether for hire or not, except under a license, as hereinafter provided, any game of faro, monte, roulette, lansquenette, rouge et noir, rondo, keno, fantan, twenty-one, red white and blue, red and black, or diana, or any banking game played with cars, dice, or any other device, whether the same be played for money, checks, credit, or any other valuable thing, or representative of value, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than one thousand nor more than three thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both such fine and imprisonment. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. The amount to be paid the Sheriffs, as a quarterly license, shall be four hundred dollars; and such license shall be paid for, actually and not constructively, quarterly, in advance. Sec. 3. Section seven of said Act is hereby amended so as to read as follows: Section Seven. None of the above mentioned games shall be carried on, nor shall any license issue to carry on the same, in any front room of the first or ground floor of any building, and if any persons carrying on any of said games shall knowingly permit to enter or remain in any licensed room any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties as are prescribed in section one of this Act for violation of its provisions. Sec. 4. No sign, notice, or device of any description shall be exhibited anywhere outside of a room in which a game is licensed to be played, or published in a newspaper, or printed or written card, handbill, or poster, whereby the character of the business carried on in a room licensed for gambling shall be indicated. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the County Jail not less than one hundred days nor more than six months, or by both such fine and imprisonment; and it is hereby made the duty of any Sheriff, Marshal, |
κ1875 Statutes of Nevada, Page 129 (CHAPTER 68)κ
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Marshal, Constable, or police officer to complain of any violation within his knowledge of any of the provisions of this section, and a failure to do so shall be deemed a misdemeanor, and upon conviction thereof said officers shall be subject to a fine of not more than one hundred dollars nor less than fifty dollars, or by imprisonment in the County Jail not less than twenty days nor more than fifty days, or by both such fine and imprisonment. Sec. 5. All Acts or parts of Acts, in so far as they conflict with this Act, are hereby repealed. |
Duty of Sheriff, etc.
Repeal. |
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Chap. LXIX.An Act to provide for the payment of the floating indebtedness of Lincoln County, Nevada.
[Approved March 4, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be unlawful for the Treasurer of Lincoln County to pay any certificate of indebtedness drawn on the Treasurer of said county prior to the first day of April, A. D. eighteen hundred and seventy-five, except in the manner hereinafter provided. Sec. 2. The Board of County Commissioners of Lincoln County are hereby authorized and directed, from and after the said first day of April, to create in the County Treasury of said county a fund, to be known as the Redemption Fund of said county. Immediately after the said first day of April, they shall cause to be levied a special tax of thirty-five cents on the hundred dollars valuation of all property, real and personal and mixed, of said county, for the fiscal year of A. D. eighteen hundred and seventy-five, and for each and every year thereafter, until the said outstanding floating indebtedness of said county is liquidated, to be placed in said Redemption Fund as soon as paid into said Treasury, and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said revenue, except as hereinafter provided. Sec. 3. Whenever, at any time, there shall be in said Redemption Fund the sum of one thousand dollars or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice, by publication in some newspaper published at the county seat of said county, that sealed proposals directed to him will be received for the surrender of certificates of indebtedness issued prior to the said first day of April; and that said proposals will be received by him until the first Saturday following the expiration of said fifteen days notice. Sec. 4. On the first Saturday following the expiration of said fifteen days notice, the Board of County Commissioners shall, together with the County Treasurer and the Auditor, |
Lincoln County indebtedness, unlawful to pay certain.
Redemption Fund authorized.
Redemption of indebtedness, etc.
Opening of bids. |
κ1875 Statutes of Nevada, Page 130 (CHAPTER 69)κ
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Acceptance of bids, proceedings upon, etc.
Redemption Fund account.
Outstanding indebtedness of county classified, etc.
Lawful indebtedness only to be redeemed.
Construction of Act. |
together with the County Treasurer and the Auditor, attend at the office of the latter, and then and there open all the sealed proposals, and accept the lowest bid for the surrender of certificates of indebtedness specified in the previous section; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied by the certificates of indebtedness proposed to be surrendered. Sec. 5. When any bids are accepted the County Auditor and County Treasurer shall each take a description of the certificates of indebtedness to be redeemed, specifying the amount to be paid for each certificate, the date, number, and the amount thereof, and make a record thereof, in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the certificates designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid; and all certificates so redeemed shall be canceled, by the County Treasurer, by writing across the face thereof, in red ink, the words Purchased and redeemed, adding thereunto the time when and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal preference shall be given to the smallest amount. That shall be deemed the lowest bid that shall offer the largest amount of certificates of indebtedness, in par value, for the least sum of money. The County Treasurer shall return all unaccepted bids, together with the certificates of indebtedness therein contained, to the owners, on demand. The County Treasurer shall keep a separate account, under the heading of Redemption Fund, of all certificates received in the said fund, and all moneys paid out of said fund, and to whom paid. He shall, also, on the Register of county certificates of indebtedness kept by him, write opposite each certificate redeemed under the provisions of this Act the word Purchased, and shall state the amount of money paid therefor. Sec. 6. All said outstanding certificates of said county are hereby divided into two classes; all certificates issued prior to April first, A. D. eighteen hundred and seventy-four, shall be deemed the first class, and all issued subsequent to that date shall be deemed the second class. In the consideration of bid or bids made in pursuance of the provisions of this Act, the County Commissioners shall give a preference of fifteen per cent. to certificates of the first class, over and above the second class. Sec. 7. No county certificates shall be purchased or redeemed under the provisions of this Act, unless the same shall have been issued according to law, and it is hereby made the duty of the Commissioners to pass upon the legality of the same. A unanimous decision of the Board shall be required as to such legality before the same shall be purchased or redeemed. Sec. 8. The provisions of this Act shall be construed to embrace all indebtedness incurred by said county prior to the first day of April, A. D. eighteen hundred and seventy-five, except the bonded debt provided for by an Act to consolidate and fund the indebtedness of Lincoln County, approved February the seventeenth, A. |
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the bonded debt provided for by an Act to consolidate and fund the indebtedness of Lincoln County, approved February the seventeenth, A. D. eighteen hundred and seventy-three. Sec. 9. This Act shall take effect on and after the first day of April, A. D. eighteen hundred and seventy-five. |
Act to take effect. |
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Chap. LXX.An Act to amend section six of an Act of the Legislature of the State of Nevada entitled 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 the Acts amendatory thereof, approved March sixth, eighteen hundred and sixty-nine.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of an Act of the Legislature of the State of Nevada entitled 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 the Acts amendatory thereof, approved March sixth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows: Section Twenty-three. If the qualified electors of any school district shall fail to elect School Trustees at the time and in the manner prescribed by law, or if for any cause a vacancy or vacancies shall at any time occur or shall have occurred in the Board of Trustees of any school district, the Board of County Commissioners of the county wherein such school district is situate, shall fill the same by the appointment of a competent person or persons, who shall hold such office or offices until the election of a successor or successors at the time and in the manner provided by law. Sec. 2. This Act shall be in force from and after its passage.
C. C. STEVENSON, President pro tem. of the Senate. C. N. Noteware, Secretary of the Senate. H. H. BECK, Speaker pro tem. of the Assembly. A. Whitford, Clerk of the Assembly. ___
The following is a true extract from Senate Journal of February twenty-sixth, A. D. eighteen hundred and seventy-five:
Mr. PRESIDENT: Your Committee on Enrollment report that Senate Bill No. 98-An Act to amend section six (6) of an Act of the Legislature of the State of Nevada entitled 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 the Acts amendatory thereof, approved March sixth, eighteen hundred and sixty-nine-has been carefully compared with the engrossed bill, found correctly enrolled, and has this day been handed to the Governor for his approval. |
Vacancies in Board of Trustees, how filled, etc.
Act to take effect.
Extract from Senate Journal. |
κ1875 Statutes of Nevada, Page 132 (CHAPTER 70)κ
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Extract from Senate Journal. |
compared with the engrossed bill, found correctly enrolled, and has this day been handed to the Governor for his approval. A. J. LOCKWOOD.
C. C. STEVENSON, President pro tem. of the Senate. C. N. Noteware, Secretary of the Senate.
Mr. PRESIDENT: Your Standing Committee on Enrollment report that, in accordance with instructions, we presented Senate Bill No. 98, correctly enrolled and signed, to His Excellency, the acting Governor of the State of Nevada, at ten oclock p. m. We further report that His Excellency positively refused to receive the same; also, that the Janitor of the Capitol building refused to admit us into the Governors office, saying that he had received instructions from the acting Governor to allow no one to enter his office, and to receive no papers from any one for him. S. W. CHUBBUCK, W. R. KING, R. S. CLAPP. Dated February 26, 1875. C. C. STEVENSON, President pro tem. of the Senate. C. N. Noteware, Secretary of the Senate.
Received of S. W. Chubbuck and filed March fifth, eighteen hundred and seventy-five. J. D. MINOR, Secretary of State. |
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Nevada Reports for use of Legislature
Receipt to be given.
Return of copies, when to be made, etc.
Sale of Nevada Reports, etc. |
Chap. LXXI.An Act to provide for the preservation and sale of certain Nevada Reports.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State shall keep on hand, for the exclusive use of the Legislature, when in session, fifty copies of each volume of the Nevada Reports heretofore published. Sec. 2. No copy of any such volumes shall be taken from said Secretarys office until the person desiring the use of the same shall have deposited with said Secretary his written receipt therefor. Sec. 3. All copies of said Reports so taken from said Secretarys office shall be returned thereto on or before the last day of any regular or special session of the Legislature; and any person so failing to return said Reports shall be liable for the value thereof, in any sum not less than ten dollars nor exceeding twenty-five dollars per volume, together with the costs of suit, to be recovered by suit, in the name of the State of Nevada, in any Court of competent jurisdiction. Sec. 4. Said Secretary of State is hereby authorized to sell all volumes of said Reports heretofore published, in excess of said fifty copies, at a price not exceeding seven dollars and a half nor less than five dollars per volume; and proceeds of such sales shall be paid to the Treasurer of State, and become a part of the Library Fund; provided, that not more than two copies of each volume of Reports shall be sold to any one person or firm. |
κ1875 Statutes of Nevada, Page 133 (CHAPTER 71)κ
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of the Library Fund; provided, that not more than two copies of each volume of Reports shall be sold to any one person or firm. |
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Chap. LXXII.An Act for the relief of C. A. V. Putnam.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of ninety-one dollars and fifty cents ($91 50) is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, or which may hereafter come into said General Fund, to pay the claim of C. A. V. Putnam for the State printing; and the Controller of State is hereby directed to draw his warrant for the above named sum in favor of the said Putnam, and the State Treasurer is hereby directed to pay the same. |
Appropriation. |
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Chap. LXXIII.An Act to reimburse John Carling.
[Approved March 5, 1875.]
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 John Carling, of Lyon County, State of Nevada, for the sum of fifty (50) dollars in legal tender notes of the United States, payable out of the State Prison Fund, and the Treasurer is hereby directed to pay said warrant out of said fund as above stated. Sec. 2. Said John Carling having paid into the Treasury of the State of Nevada said sum of money for lands which the said State could not acquire or give a title to the same. |
Controller to draw warrant.
Nature of claim. |
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Appropriation.
Controller to draw warrant, etc. |
Chap. LXXIV.An Act for the relief of the heirs of William F. Wilson.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of nine hundred and twelve dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to pay the claim of the heirs of William F. Wilson, for expenses incurred and losses sustained on account of the taking and killing by escaped State Prison convicts of the pony driver carrying the United States mails from Aurora to Carson City, in the State of Nevada, on or about the nineteenth day of September, in the year eighteen hundred and seventy-one. Sec. 2. The State Controller is hereby authorized and required to draw his warrant upon the State Treasurer for the sum of nine hundred and twelve dollars in favor of Nancy H. Wilson, and the State Treasurer is required to pay the same. |
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Apportionment of members of Legislature.
Present terms not disturbed.
Eureka County. |
Chap. LXXV.An Act for the reapportionment of Senators and Assemblymen in the several counties of this State.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The apportionment of Senators and Assemblymen in the several counties of this State shall be as follows: Storey County, four Senators and fourteen Assemblymen; Douglas County, one Senator and two Assemblymen; Eureka County, two Senators and four Assemblymen; Lander County, one Senator and three Assemblymen; Nye County, one Senator and two Assemblymen; Esmeralda County, one Senator and two Assemblymen; White Pine County, two Senators and four Assemblymen; Lincoln County, two Senators and three Assemblymen; Churchill County, one Senator and one Assemblyman; Lyon County, two Senators and three Assemblymen; Ormsby County, two Senators and three Assemblymen; Elko County, two Senators and three Assemblymen; Washoe County, two Senators and three Assemblymen; Humboldt County, two Senators and three Assemblymen. Sec. 2. Nothing in this Act shall be so construed as to disturb Senatorial terms (long or short), as they now exist by law in the several counties in this State; provided, that at the next general election, to wit: In A. D. eighteen hundred and seventy-six, the County of Eureka shall elect one Senator to hold office for the term of four years, and one Senator to hold office for the term of two years; and, provided further, that the County of Esmeralda shall not elect a Senator until the general election in A. |
κ1875 Statutes of Nevada, Page 135 (CHAPTER 75)κ
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for the term of four years, and one Senator to hold office for the term of two years; and, provided further, that the County of Esmeralda shall not elect a Senator until the general election in A. D. eighteen hundred and seventy-eight, unless a vacancy shall occur by death, resignation, or otherwise, in the office now filled by the Hon. A. Garrard, from said county, prior to that time. Sec. 3. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
Esmeralda County.
Conflicting Acts repealed. |
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Chap. LXXVI.An Act more fully defining the powers of and duties of the State Board of Regents in connection with the State University.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the powers conferred upon the Board of Regents in section three of An Act to locate the State University, and to provide for the control and maintenance of the same, approved March seventh, eighteen hundred and seventy-three, they shall have full power over the buildings and grounds belonging to or connected with said University, to make all improvements of such buildings and grounds that they shall deem for the interest of said University; and they shall have full power to make all expenditures that they may deem necessary for the benefit and improvement of the institution under their charge, and the same shall be paid out of the appropriation for the maintenance of the State University. Sec. 2. The Board of Regents shall have power to employ at least one duly qualified teacher, at an annual salary not to exceed three thousand dollars; said teacher shall serve as principal of the preparatory department of the University. Sec. 3. All Acts and parts of Acts relating to the University, so far as they conflict with the provisions of this Act, are hereby repealed. |
Powers of Board of Regents.
Teacher may be employed, compensation of. Conflicting Acts repealed. |
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Undertaking on appeal, etc. |
Chap. LXXVII.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and forty-one of said Act is amended so as to read as follows: Section Three Hundred and Forty-one. To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars; or that sum shall be deposited with the Clerk with whom the judgment or order was entered, to abide the event of the appeal. Such undertaking shall be filed, or such deposit made with the Clerk, within five days after the notice of appeal is filed; provided, that when a county is the appellant no undertaking on appeal nor deposit shall be required to be executed or made, as above set forth. |
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Controller to draw warrants, etc. |
Chap. LXXVIII.An Act for the relief of C. L. Phippeny, of Humboldt County, and Willett Gates, of Lyon County.
[Approved March 5, 1875.]
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 warrants upon the Treasurer of said State as follows: In favor of C. L. Phippeny, of Humboldt County, State of Nevada, for the sum of eighty dollars, in legal tender notes of the United States, payable out of the School Fund of said State; and in favor of Willett Gates, of Lyon County, State of Nevada, for the sum of seventy-nine and ninety-eight one hundredths dollars, legal tender notes of the United States, payable out of the State Prison Fund of said State; and the said Treasurer is hereby authorized and directed to pay said warrants out of said funds, as herein stated. Said persons having paid into the State Treasury of Nevada said sums of money for lands, which the said State could not acquire or give a title to. |
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κ1875 Statutes of Nevada, Page 137κ
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Chap. LXXIX.An Act to amend an Act entitled An Act for the government and maintenance of the State Orphans Home.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section Four. The salary of the Superintendent and Matron shall be three thousand dollars per annum, for the services of both; and the salary of the teacher shall not exceed one thousand dollars per annum, nor that of the Secretary three hundred dollars per annum. |
Salaries. |
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Chap. LXXX.An Act to amend section one of an Act entitled An Act providing for the location and taxation of borax and soda mines, approved March seventh, eighteen hundred and seventy-three.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one is hereby amended so as to read as follows: Section One. Where borax and soda mines and claims are being worked for borate of soda, borate of lime, boracic acid, or carbonate of soda, the net proceeds thereof shall be taxed in the manner prescribed by law for taxing the net proceeds of mines. |
Proceeds of borax and soda mines, taxation of. |
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Chap. LXXXI.An Act amendatory of an Act entitled An Act concerning jurors [juries], approved March fifth, eighteen hundred and seventy-three.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is hereby amended so as to read as follows: Section Nine. Upon satisfactory proof made by affidavit or otherwise, the following named persons and no others may be exempted from serving as grand or trial jurors: Any Judge, |
Exemptions from jury service |
κ1875 Statutes of Nevada, Page 138 (CHAPTER 81)κ
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Bounds may be established, etc.
Jury Fund, how applied.
Clerk to keep account of fund, attendance, etc.
Jurors, how paid. |
exempted from serving as grand or trial jurors: Any Judge, Justice of the Peace, County Clerk, Sheriff, Assessor, Constable, practicing attorney, physician, telegraph operators, and one half of all members of each regularly enrolled fire company in this State-said half to be determined by the several fire companies, respectively-and all officers of such fire companies, no exceeding ten in number for each company. The Judges of the several District Courts may, by an order entered upon the minutes of their Courts, prescribe bounds in their several counties, and all persons residing without said bounds may be exempted from serving on juries in the manner hereinafter prescribed. Any person residing without such bounds may present his affidavit showing his exemption to the Court or Judge, and if the Judge shall be satisfied therefrom that he is one of the persons entitled to be exempt under the provisions of this Act, he shall indorse thereon an order to the Clerk to make an entry on the jury list opposite the name of the applicant, showing that he is exempted from jury service till the first Monday of January next ensuing. Upon presentation of this order to the Clerk, and upon payment to him of the sum of twenty-five dollars in gold coin, it shall be the duty of the Clerk to grant him a certificate showing the payment of said sum, and specifying that he is exempted from jury service until the first Monday of January next ensuing. The Clerk shall also file the affidavit and order, and make the proper entry on the jury list. The moneys coming into the hands of the Clerk under the operation of this law shall constitute a Jury Fund, for the safe keeping and due application of which the Clerk and his bondsmen shall be responsible on his official bond. It shall be applied, first, to the payment to the Clerk of fifty cents for each juror exempted, for his services in filing the affidavit and order and issuing the certificate herein provided for, and two per cent. of the whole sum collected for all other services rendered in pursuance of this Act. The balance of the fund shall be applied to the payment of the compensation of the jurors who served on trial juries. It shall be the duty of the Clerk to keep an accurate account of all moneys received and disbursed under the provisions of this section, and to submit the same to the inspection of the Court whenever it is so ordered; and it shall be the duty of the Judge to inspect and verify said account at the close of each term of the Court. It shall also be the duty of the Clerk to keep an accurate account of the attendance of each juror during the term of the Court, and at the close of the term to ascertain the amount due each juror for mileage and attendance, after deducting the amount received by him as fees in civil cases. If there is money enough in the Jury Fund to pay the jurors in full, they shall be paid therefrom. If the amount in the Jury Fund is insufficient to pay the jurors in full, said jurors shall be paid from said fund in the order of their claims until the fund is exhausted; the balance of the jurors, if any, shall be paid from the General Fund of the county. |
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κ1875 Statutes of Nevada, Page 139κ
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Chap. LXXXII.An Act amendatory of and supplementary to an Act entitled An Act concerning juries, approved March fifth, eighteen hundred and seventy-three.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When at any time there shall be a larger number of trial jurors in attendance upon any Court than are required for the business of the term, or for the time being, the Court may excuse, temporarily, or discharge for the term, a sufficient number of those who have served longest, to reduce the panel to the number required. |
Discharge of trial jurors. |
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Chap. LXXXIII.An Act in relation to sending mineralogical specimens to the Centennial Exhibition, at Philadelphia, in eighteen hundred and seventy-six.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty thousand dollars in United States gold coin, out of any money in the General Fund of the State Treasury, or which may hereafter be therein, is hereby taken out of said General Fund and made into one to be known as the Centennial Fund, and said fund shall be drawn upon for purposes in this Act specified, and none other. Expenditures of money from said fund shall be under the direction and control of the State Board of Centennial Commissioners of this State, and shall be made for the securing, labeling, classifying, packing, and transportation of appropriate mineralogical specimens from this State, for exhibition in the Centennial Exhibition, at Philadelphia, in eighteen hundred and seventy-six. Sec. 2. Said fund hereby created may be drawn upon by said State Board of Centennial Commissioners in advance of actual expenditure, when made to appear to be necessary, upon application to, and approval by, the State Board of Examiners of this State, properly certified by said Board of Examiners, to the State Controller, who shall thereupon draw his warrant for the amount on the State Treasurer, payable out of the Centennial Fund, in favor of the State Board of Centennial Commissioners, and the Treasurer shall pay the same; provided, that the State Board of Examiners shall, before certifying any such application, require of the State Board of Centennial Commissioners a good and sufficient bond, to be approved by said State Board of Examiners, for the faithful expenditure and accounting for, or the return to the State Treasury of this State, of all money so advanced therefrom. |
Centennial Fund created.
Expenditures from fund, how made.
Drafts on fund in advance of actual expenditures.
Bond. |
κ1875 Statutes of Nevada, Page 140 (CHAPTER 83)κ
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Claims against fund to be certified.
Advances, how charged.
Claims, how paid.
Quartz mill may be erected.
Donation of mineralogical specimens.
Report of Commissioners.
Unexpended surplus to revert to General Fund. Compensation to State officers forbidden. |
the return to the State Treasury of this State, of all money so advanced therefrom. Sec. 3. All claims against this State for expenditures of moneys under the provisions of this Act, shall be certified by the Executive Committee of the said State Board of Centennial Commissioners to the State Board of Examiners; and the latter Board, if it approve, shall certify said claim or claims to the Controller of State. Sec. 4. When any advance is made, as in this Act provided for, the Controller of State shall charge the amount thereof to the State Board of Centennial Commissioners aforesaid. Sec. 5. When any claim against the State shall be presented, under the provisions of this Act, to the State Board of Examiners, it shall be specified thereon whether or not the same has been paid out of a previous advance of money made by the State pursuant to this Act; and if it be a claim so paid, the Controller of State shall credit it against the previous charge or charges made, as provided in section four of this Act; and if it be a claim not so paid, he shall draw his warrant for the amount thereof, in favor of the claimant, on the State Treasurer, payable out of the Centennial Fund, and the Treasurer shall pay the same. Sec. 6. The said State Board of Centennial Commissioners may apply moneys appropriated by this Act, for the purpose of erecting and having at said Centennial Exhibition a quartz mill, to be operated at least one day in each week during said Centennial Exhibition, in the reduction of such ores as may be furnished by citizens of this State for that purpose. Sec. 7. Such mineralogical specimens as shall be exhibited from this State, pursuant to this Act, shall be donated by said Board of Centennial Commissioners, on behalf of this State, to the National Cabinet, at Philadelphia, at the close of said Centennial Exhibition. Sec. 8. Said Board of Centennial Commissioners shall make a full and detailed report and statement of their proceedings and expenditures, pursuant to this Act, to the Governor of this State, who shall transmit the same to the Legislature at the next regular session thereof. Sec. 9. Any part of the Centennial Fund created by this Act, not expended as herein provided, shall revert to the General Fund of the State. Sec. 10. No officer of this State shall receive from the State any compensation for any service rendered or labor performed under the provisions of this Act. |
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κ1875 Statutes of Nevada, Page 141κ
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Chap. LXXXIV.An Act supplementary to an Act entitled An Act for the government and maintenance of the State Orphans Home.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Directors of the State Orphans Home are hereby authorized and directed to cause a convenient and easily accessible fire escape to be constructed and attached to the State Orphans Home building; and, also, to cause to be erected, out-buildings and necessaries, and to make such improvements in and about said building as the necessities of the case may require; provided, the expense of so doing shall not exceed the sum of one thousand dollars. |
Fire escape, etc., at Orphans Home.
Limit of outlay. |
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Chap. LXXXV.An Act to amend an Act entitled An Act to provide for the destruction of noxious animals within this State, approved March seventh, eighteen hundred and seventy-three.
[Approved March 5, 1875.]
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 animal or animals shall have been taken, the following bounties, to wit: For every coyote or prairie wolf, one dollar and fifty cents; for every lynx or wild cat, three dollars; for every California lion, three 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. |
Bounties for destruction of noxious animals.
Scalps or skins to be produced.
Oath and examination.
Justice of the Peace, duties of. |
κ1875 Statutes of Nevada, Page 142 (CHAPTER 85)κ
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County Commissioners to allow claims.
Repeal. |
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. Sec. 6. An Act entitled An Act to provide for the destruction of noxious animals within this State, approved March seventh, eighteen hundred and seventy-three, is hereby repealed. |
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Compensation of attorney appointed to defend, etc.
How paid.
Enlarged fee in certain cases.
Act to take effect. |
Chap. LXXXVI.An Act to provide for the payment of attorneys in certain cases.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An attorney appointed by a Court to defend a person indicted for any offense, is entitled to receive from the County Treasury the following fees: For a case of murder, such fee as the Court may fix, not to exceed fifty dollars; for felony, such fee as the Court may fix, not to exceed fifty dollars; for misdemeanor, such fee as the Court may fix, not to exceed fifty dollars. Such compensation shall be paid by the County Treasurer out of any moneys in the Treasury, not otherwise appropriated, upon the certificate of the Judge of the Court that such attorney has performed the services required. Sec. 2. An attorney cannot, in such case, be compelled to follow a case to another county or into the Supreme Court, and if he does so, may recover an enlarged compensation, to be graduated on a scale corresponding to the prices allowed. Sec. 3. This Act shall take effect from and after its passage. |
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Chap. LXXXVII.An Act to amend an Act entitled An Act to amend an Act entitled An Act relative to attorneys and counselors at law, approved March fourth, A. D. eighteen hundred and seventy-one.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act to which this Act is amendatory is hereby amended so as to read as follows: |
κ1875 Statutes of Nevada, Page 143 (CHAPTER 87)κ
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Section One. Every applicant for admission as attorney and counselor at law shall produce satisfactory testimonials of good moral character, and undergo such examination, as to his qualification, as the Supreme Court may direct; provided, that such examinations and testimonials may be dispensed with at the discretion of said Court; and it is hereby made the duty of the Supreme Court, upon application of the District Judge of any Judicial District within this State, to appoint a committee to examine persons applying for admission as attorneys and counselors at law, under such rules and regulations as the Supreme Court may prescribe, which committee shall consist of the District Judge of the District, and at least two attorneys at law of the district in which the committee is appointed. And it shall be the duty of the committee so appointed to examine persons applying for admission to practice law, and report to said Supreme Court the result of such examination, with recommendation that the person or persons so examined be or be not admitted to practice law. Upon the filing and approval by said Supreme Court of the report of any committee so appointed, the Supreme Court may order the Clerk of said Supreme Court to issue to the person or persons so recommended a license, authorizing such person or persons to practice as attorneys and counselors at law in all the State Courts within this State; but no license shall be issued, under the provisions of this Act, until the person to whom the same may issue shall have filed with the Clerk of the Supreme Court his official oath, and paid over to the State Treasurer the sum of twenty-five dollars, as now provided by law. |
Attorneys and counselors at law, admission of.
Examining committee to be appointed when.
Duty of committee.
Admission of person examined by committee.
Attorneys oath and fee. |
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Chap. LXXXVIII.An Act to provide for taking the census of the State of Nevada in the year eighteen hundred and seventy-five.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An enumeration of the inhabitants of the State of Nevada shall be made during the year eighteen hundred and seventy-five, pursuant to the provisions of the thirteenth section of Article Fifteen of the Constitution. Sec. 2. Said census shall be taken in the same manner the census was taken of said State in eighteen hundred and seventy, under the authority of the Congress of the United States. Sec. 3. Said enumeration of the inhabitants of this State shall be made in each county thereof, by the County Assessor of such county, during the time of and while assessing the property of such county for purposes of taxation, for the fiscal year eighteen hundred and seventy-five. Sec. 4. When completed, each County Assessor shall officially certify the enumeration made by him of the inhabitants of his county to the Governor of this State, who shall lay the same before the Legislature at the next regular session thereof. |
Census to be taken.
Census, how taken.
Enumeration to be made by County Assessor.
Assessor to certify enumeration. |
κ1875 Statutes of Nevada, Page 144 (CHAPTER 88)κ
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Oath to be taken.
Compensation of County Assessors.
Blanks, etc. |
before the Legislature at the next regular session thereof. Before entering upon the discharge of the duties imposed by this Act, each County Assessor shall take and subscribe an oath, to the effect that he will fully, fairly, and honestly discharge said duties; and deputies shall take and subscribe a like oath. The official oaths herein provided for shall be taken and filed as required by law in regard to other official oaths. Sec. 5. For the services herein required of County Assessors they shall be allowed two dollars per day, which shall be allowed and paid in the same manner as is their compensation for assessing property for purposes of taxation; provided, such payment shall be made wholly out of State funds, and such allowance and payment shall be certified to the Controller of State, in the same manner and at the same time as provided in section seventy-seven of the general revenue law of this State. Sec. 6. Blanks shall be procured by the Controller and forwarded to each County Assessor in the State, on or before the second Monday in April of this year, for taking said census. |
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Transfer from Special Land Fund to State School Fund directed. |
Chap. LXXXIX.An Act authorizing the transfer of certain moneys from the Special Land Fund to the State School Fund.
[Approved March 5, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller and State Treasurer are hereby authorized and directed to transfer seventeen hundred and eighty-two dollars and seventy cents from the Special Land Fund to the State School Fund. |
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Licenses. |
Chap. XC.An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five.
[Approved March 6, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty-nine of above entitled Act is hereby amended so as to read as follows: Section Fifty-nine. License shall be obtained by any person or persons, private association, or corporation, doing business in this State, engaged in one or more of the following occupations, to wit: In buying foreign or inland bills of exchange, or sight checks, |
κ1875 Statutes of Nevada, Page 145 (CHAPTER 90)κ
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checks, or drafts, or in loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons, for [or] State, county, or city stocks or indebtedness, or stock of incorporated or unincorporated companies or person or persons, or in buying or selling gold dust, gold or silver bullion, gold or silver coin, or engaged as keeper of savings banks, or engaged in receiving general or special deposits of gold dust, gold or silver coin, or bullion, for profit. All such persons, companies, and corporations are hereby declared to be bankers within the meaning of this Act; provided, that checks used in the transaction of business, which are drawn and payable within this State, shall not be included as being liable to the provisions of this Act in regard to licenses. Licenses shall also be obtained by any person or persons, private associations, or corporations, doing business in this State, and engaged in transmitting gold dust, gold or silver coin, or bullion, from any place in this State to any place without this State, or from one place to another place within this State, for profit, and the same shall be taken to be a common carrier within the meaning of this Act. Sec. 2. Section sixty-one of the above entitled Act is hereby amended so as to read as follows: Section Sixty-one. Bankers, as defined in section fifty-nine of this Act, shall be divided into six classes, as follows: Those doing business in the aggregate to the amount of five hundred thousand dollars or more per month, shall constitute the first class; those doing business in the aggregate to the amount of three hundred thousand dollars and less than five hundred thousand dollars per month, shall constitute the second class; those doing business to the amount of two hundred thousand dollars and less than three hundred thousand dollars per month, shall constitute the third class; those doing business to the amount of one hundred thousand dollars and less than two hundred thousand dollars per month, shall constitute the fourth class; those doing business to the amount of fifty thousand dollars and less than-one hundred thousand dollars per month, shall constitute the fifth class; and those doing business in any amount less than fifty thousand dollars per month, shall constitute the sixth class. The license for the first class shall be given upon the payment of two hundred dollars per month; for the second class, upon the payment of one hundred and fifty dollars per month; for the third class, upon the payment of one hundred dollars per month; for the fourth class, upon the payment of seventy-five dollars per month; for the fifth class, upon the payment of fifty dollars per month; and for the sixth class, upon the payment of twenty-five dollars per month; and a separate license shall be obtained for each establishment or separate house of such business located in the same county. Common carriers, as defined in section fifty-nine of this Act, shall be liable to an annual license of one hundred and fifty dollars, payable quarterly; provided, that but one license shall be required from the same person, company, or corporation, in the same county. |
Bankers defined.
Proviso.
License required.
Common carrier defined.
Bankers classified.
Banking licenses, amount of.
Common carrier, license of. |
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κ1875 Statutes of Nevada, Page 146κ
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Animals trespassing, etc. |
Chap. XCI.An Act to amend An Act entitled an Act concerning unlawful stock, approved April tenth, eighteen hundred and sixty-two.
[Approved March 6, 1875.]
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. Any hog or hogs, goat or goats, found trespassing upon the premises of any person or persons in this State, may be taken up by the owner or owners of such premises, and safely kept at the expense of the owner or owners of the hog or hogs, goat or goats, so found trespassing. |
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Partition fences, etc.
Fence Viewers to be appointed; report of. |
Chap. XCII.An Act to provide for the erection and maintenance of partition fences.
[Approved March 6, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Partition fences, between improved lands in this State, may be erected and repaired at the joint expense of the occupants, as hereinafter provided. If any person makes a fence, a partition fence, by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used. Sec. 2. If the parties cannot agree, on application, by either, to a Justice of the election precinct in which such fence is, such Justice must issue his order to three (3) disinterested freeholders of such precinct, not related to either of the parties, to examine such fence and to ascertain the amount to be paid to the owner erecting the same; and such freeholders, on a day to be by them appointed, within ten days after the issuance of the order, of which both parties must have notice, must examine such fence, and report to the Justice who issued the order the proportionate amount to be paid to the person erecting the fence; and if such amount is not paid within thirty (30) days after such report, the Justice, on request of the person erecting such fence must issue execution for such amount, with costs, as provided in the following section, to be collected and returned as other executions. If the fence viewers report that the party making the application is not entitled to any amount to be paid him, then the cost of the application shall be taxed against him, and execution shall be issued therefor. Sec. 3. The Justice is entitled to one dollar for issuing the order, and the fence viewers to two dollars and fifty cents each, one half of which is to be paid by each party; and not being paid within thirty days after the report, execution must issue therefor, with costs for issuing and serving such execution. |
κ1875 Statutes of Nevada, Page 147 (CHAPTER 92)κ
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order, and the fence viewers to two dollars and fifty cents each, one half of which is to be paid by each party; and not being paid within thirty days after the report, execution must issue therefor, with costs for issuing and serving such execution. Sec. 4. The fence viewers, before proceeding to act, must take an oath, which may be administered by one to the other, to discharge their duties fairly and impartially. Sec. 5. Partition fences, within the meaning of this Act, are fences erected on the line between lands owned or occupied by different persons; and improved lands, within the meaning of this Act, are lands cultivated in grain or vegetables, or set in grass, clover, or alfalfa, from which hay is cut, and town lots. Sec. 6. This Act shall be in force from and after its passage. |
Fees.
Oath of Fence Viewers.
Partition fences defined. Improved lands defined.
Act to take effect. |
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Chap. XCIII.An Act to amend an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five.
[Approved March 6, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act is so amended as to read as follows: Section Five. The fees allowed to Sheriffs in the counties of this State shall be as follows: For serving a summons or complaint, or any other process by which an action or proceeding is commenced, on every defendant, two dollars. For traveling in making such service, per mile, in going only, to be computed in all cases from the Court House of the county, fifty cents for the first ten miles, and for each and every additional mile, forty cents; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction, one mileage only shall be charged. For taking bond, or undertaking in any case in which he is authorized to take the same, one dollar and fifty cents. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents. For serving every notice, rule, or order, one dollar. For serving a subpoena, for each witness summoned, fifty cents. For traveling, per mile, in serving such subpoena or venire, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, three dollars, together with traveling fees, as in cases of summons. |
Sheriffs fees. |
κ1875 Statutes of Nevada, Page 148 (CHAPTER 93)κ
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Sheriffs fees. |
personal property, three dollars, together with traveling fees, as in cases of summons. For serving an attachment on any ship, boat, or vessel, in proceedings to enforce any lien thereof created by law, five dollars. For making and posting notices and advertising for sale on execution, or under any judgment or order of sale, not to include the cost of publication in a newspaper, two dollars. For commissions for receiving and paying over money on execution or process, where lands or personal property has been levied on, advertised, and sold, on the first five hundred dollars, four per cent.; not exceeding one thousand dollars but over five hundred dollars, two per cent.; on all over one thousand dollars and not exceeding fifteen hundred dollars, and on all sums above that amount, one per cent. For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first thousand dollars, one per cent.; on all over that sum one half per cent. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made. For drawing and executing every Sheriffs deed to be paid by the grantee, who shall in addition pay for the acknowledgment thereof, five dollars. For serving a writ of possession or restitution, putting any person into possession entitled thereto, five dollars. For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents. For attending, when required, on any Court, in person or by deputy, for each day, to be paid out of the County Treasury, five dollars. For bringing up a prisoner on habeas corpus to testify or answer to any Court, or for examination as to the cause of his arrest and detention, or to give bail, two dollars; he shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the Court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest or trial of right of property, when required, to include all services in the matter except mileage, ten dollars. For attending on the Supreme Court, either in person or [by] deputy, to be paid out of the State Treasury as other claims, for each day, eight dollars. For every arrest in a criminal proceeding, three dollars. For serving each subpoena in criminal cases, fifty cents. For executing every sentence of death, fifty dollars. For summoning a Grand Jury of twenty-four persons, fifteen dollars. |
κ1875 Statutes of Nevada, Page 149 (CHAPTER 93)κ
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For summoning each trial jury of twelve persons, six dollars; for each additional juror, fifty cents. For service of any process in [a] criminal case, the same mileage as in civil cases. In serving subpoenas or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction. For all services in Justices Courts, the same fees as are allowed to Constables. Sec. 2. Section seven of said Act is so amended as to read as follows: Section Seven. The following fees shall be allowed to Constables: For serving summons or other process by which suit is commenced in civil cases, one dollar. For summoning a jury before a Justice of the Peace, two dollars. For taking a bond or undertaking, one dollar. For serving an attachment against the property of [a] defendant, two dollars. For serving subpoenas, for each witness, twenty-five cents. For summoning and swearing a jury to try the rights of property, and taking the verdict, two dollars. For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the Justice who issued the execution, upon the affidavit of the Constable that such charges are correct, and the expenses necessarily incurred. For [a] copy of any writ, process, or other paper, when demanded or required by law, per folio, thirty cents. For drawing and executing every Constables deed, to be paid by the grantee, who shall also pay the acknowledgment thereof, five dollars. For each certificate of sale of real estate under execution, one dollar. For collecting all sums on execution, to be charged against the defendant in execution, two per cent. In levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property, with traveling fees as for summons, two dollars. For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper, two dollars. For mileage in serving summons, attachment, execution, order, venire, subpoena, or other process, in civil cases, for each mile necessarily traveled, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction. For service and travel in criminal cases, the same fees as are allowed Sheriffs for like services. For all other services, except for attending Court, the same fees as are allowed to Sheriffs for similar services. |
Sheriffs fees.
Constables fees. |
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κ1875 Statutes of Nevada, Page 150κ
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Board of Directors of State Library constituted. Powers of Board. |
Chap. XCIV.An Act to amend an Act entitled An Act in relation to the State Library, approved February fourteenth, eighteen hundred and sixty-five.
[Approved March 6, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of the above entitled Act is hereby amended so as to read as follows: Section Nine. The Chief Justice and Associate Justices of the Supreme Court shall constitute the Board of Directors of the State Library, any two of whom shall have power to act. They shall have power to draw from the State Treasury, at such times as they may deem proper, any money therein belonging to the State Library Fund, and expend the same in the purchase of suitable furniture, books, maps, and charts, and for the binding of laws, journals, reports, pamphlets, and other documents, when requiring such binding, for said State Library. In the purchase of books, regard shall be had to the procurement first, of such works on law and reports on judicial decisions as the said Directors shall believe to be best adapted to the wants of the Supreme Court. |
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Sale and conveyance of certain lands belonging to State. |
Chap. XCV.An Act to authorize the Controller of State to sell and convey certain lands belonging to the State of Nevada.
[Approved March 6, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State is hereby authorized to bargain, sell, and convey to T. K. Hymers the following lands and tenements, to wit: That certain piece or parcel of land situate in Washoe County, Nevada, beginning at a point the northwest corner of the northwest quarter of section seven, in township nineteen north, [of] range twenty east, Monte Diablo base and meridian, and running thence east eighty rods along the north line of said section seven, to a point where the northerly line of the Central Pacific Railroad crosses said section line; thence westerly along the northerly line of said Central Pacific Railroad to a point on the west line of said section seven, about twenty rods south of the northwest corner of said section seven; thence north along said west line of said section seven, to the place of beginning; containing five acres of land, more or less, and being that portion of said northwest quarter of section seven, township number nineteen north, of range number twenty east, lying north of the Central Pacific Railroad, and within the inclosure of said T. K. Hymers. |
κ1875 Statutes of Nevada, Page 151 (CHAPTER 95)κ
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Sec. 2. Upon the payment by said T. K. Hymers, into the State Treasury, of a sum of money to be agreed upon between the Controller and said T. K. Hymers, the Controller of State shall make, execute, and deliver to said Hymers a good and sufficient deed, conveying to said Hymers all and singular the right, title, and interest of the State of Nevada of, in, and to the land and premises mentioned and described in section one of this Act. |
State Controller to make conveyance, when. |
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Chap. XCVI.An Act making appropriations for the support of the civil government of the State of Nevada for the eleventh and twelfth fiscal years.
[Approved March 9, 1875.]
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 for the objects hereinafter expressed, and for the support of the government of the State of Nevada for the eleventh and twelfth fiscal years: For salary of Governor, twelve thousand dollars. For salary of Lieutenant Governor, as ex officio Adjutant General and State Librarian, seven thousand two hundred dollars. For salary of Secretary of State, seven thousand two hundred dollars. For salary of [State] Controller, seven thousand two hundred dollars. For salary of State Treasurer, seven thousand two hundred dollars. For salary of Surveyor General and Register, seven thousand two hundred dollars. For salary of State Mineralogist, seven thousand two hundred dollars. For salary of Attorney General, seven thousand two hundred dollars. For salary of Superintendent of Public Instruction, four thousand dollars. For salary of Justices of the Supreme Court, forty-two thousand dollars. For salary of Clerk of the Supreme Court, seven thousand two hundred dollars. For the purchase of the Nevada Supreme Court Reports, thirty-six hundred dollars. For preparation of Nevada Reports, for publication and advertising, fifteen hundred dollars. For furnishing fuel, lights, preparing legislative halls, and preparing furniture for the eighth session of the State Legislature, fifteen hundred dollars. |
Appropriations for support of the State Government, for eleventh and twelfth fiscal years. |
κ1875 Statutes of Nevada, Page 152 (CHAPTER 96)κ
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Appropriations for support of the State Government, for eleventh and twelfth fiscal years. |
For salary of Governors Private Secretary, four thousand eight hundred dollars. For salary of Deputy Secretary of State, six thousand dollars. For salary of Deputy Controller, six thousand dollars. For salary of Deputy Treasurer, six thousand dollars. For pay of attorneys and agents for the State at Washington, three thousand dollars. For pay of Bailiff of the Supreme Court, one thousand dollars. For the transportation, care, and support of the indigent insane of the State, to be expended under the direction of the Board of Directors, sixty-five thousand dollars. For payment of rewards offered by the Governor, five thousand dollars. For copying and indexing laws by the Secretary of State, seven hundred and fifty dollars. For copying and indexing Journals of the seventh session, seven hundred and ninety dollars. For transportation of books and documents, five hundred and fifty dollars. For stationery, fuel, lights, for State officers and the State Capitol building, to be expended under the direction of the Lieutenant Governor, State Controller, and Secretary of State, seven thousand dollars. For pay of two Porters and one Night Watchman of State Capitol, to be expended under the direction of the Lieutenant Governor, State Controller, and Secretary of State, seven thousand dollars. For prosecuting delinquents for infraction of revenue law, and enforcing the collection of revenue, to be expended under the direction of the Controller, three thousand dollars. For extra clerical services in the office of the 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 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 extra clerical services in office of Secretary of State, two thousand dollars. For insurance of State Library and Capitol building, three 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 the support of and conducting the Orphans Home, to be expended under the direction of the Board of Directors, twenty-six thousand dollars. For the support and education of the deaf, dumb, and blind, and their transmission to and from the institution, three thousand dollars. |
κ1875 Statutes of Nevada, Page 153 (CHAPTER 96)κ
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For care, storage, and transportation of State property, five hundred dollars. For traveling expenses of State Mineralogist, two thousand dollars. For traveling expenses of Superintendent of Public Instruction, sixteen hundred dollars. For a current expense appropriation, to defray the telegraphic, postage, and contingent expenses of the several State officers, Supreme Court, and State Library, to be expended under the direction of the Lieutenant Governor, State Controller, and Secretary of State, ten thousand dollars. For support of Nevada State Prison, including salary of Warden, Deputy Warden, and payment of transportation of convicts, one hundred and fifty thousand dollars. For services for Chaplain of State Prison, to be expended under the direction of the Board of State Prison Commissioners, five hundred dollars. For pay of clerk in Surveyor Generals office, for the month of January and February, A. D. eighteen hundred and seventy-five, three hundred dollars. For pay of Deputy Register, draftsman, purchase of maps and charts, and expense of selecting lands in State Registers office, twelve thousand dollars, to be paid out of State School Fund. For contingent expenses of Board of Examiners, twelve hundred dollars. For support of State University, to be expended under the direction of the Board of Regents, twenty 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, and that all such expenses were actually and necessarily incurred; 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 for support of the State Government, for eleventh and twelfth fiscal years.
Sworn statements of expenditures to be made.
Not to apply to specific appropriations. |
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κ1875 Statutes of Nevada, Page 154κ
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Town of Hamilton disincorporated.
County Commissioners constituted Board of Trustees. Debt of Hamilton, provision for.
Special tax authorized.
Continuance of tax.
Clerk of Board of Trustees. Debt, how paid.
Notice to be given, when. |
Chap. XCVII.An Act to disincorporate the Town of Hamilton, in White Pine County.
[Approved March 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Town of Hamilton, in White Pine County, in this State, is hereby disincorporated, but this Act shall not affect or invalidate any debt due by or to said town, or any penalty or forfeiture accrued to or by said corporation, or affect any contract or liability entered into or imposed upon said corporation. Sec. 2. The Board of Commissioners of White Pine County aforesaid, are hereby constituted a Board of Trustees, with the powers and to perform the duties hereinafter set forth. Sec. 3. The present indebtedness of said Town of Hamilton shall be fully paid. For the purpose of providing for and making such payment, a fund is hereby created in the Treasury of White Pine County aforesaid, to be known as the Hamilton Debt Fund. Sec. 4. At the time of levying State and county taxes in said County of White Pine, the Board of County Commissioners thereof shall levy a special tax of not exceeding fifty (50) cents on each one hundred dollars of taxable property within the limits of what has heretofore been the corporation aforesaid; which special tax shall be assessed and collected at the same time and in the same manner that State and county taxes are assessed and collected in said county, and shall at like time and in like manner be paid over to the Treasurer of White Pine County, who shall place the same in the fund created by section three of this Act. Said special tax shall be levied, assessed, and collected annually, until all the liabilities and indebtedness of said Town of Hamilton, made and contracted while the same was a corporation, shall have been fully discharged and paid. Sec. 5. The Clerk of the Board of Commissioners of White Pine County shall be Clerk of the Board of Trustees created by section two of this Act. Sec. 6. Whenever there shall be the sum of five hundred dollars or more in the fund created by the third section of this Act, the Treasurer of said White Pine County shall (unless warrants shall be presented without such notice in the order of their registry by him) give notice by publication in a newspaper published in or nearest to said Town of Hamilton, once a week for five successive weeks (unless the warrants be sooner presented), that a given amount of money is in said fund, and that the same will be applied to the payment of warrants on said fund oldest in order of registration, specifying their date of registration, their amount, and numbers, if presented within thirty days after the expiration of such notice, and that if not so presented, the money will be applied to the payment of the next warrants in their order of registration. Sec. 7. When any warrant shall be issued, as provided in section five of this Act, |
κ1875 Statutes of Nevada, Page 155 (CHAPTER 97)κ
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section five of this Act, the holder thereof shall present the same to the Treasurer of White Pine County, who shall pay the same, if there be funds applicable for that purpose; if not, he shall write on the back thereof, Not paid for want of funds, and date and sign the same, and register such warrant in a book kept by him for that purpose, stating therein the date of such warrant, its number and amount, and when presented to him. Sec. 8. All moneys in the Treasury of said Town of Hamilton when this Act takes effect, shall then be paid over into the Hamilton Debt Fund created by this Act, by the Treasurer of said town, who shall take duplicate receipts therefor from the Treasurer, one of which he shall deliver to the Auditor, who shall thereupon charge said Treasurer with the amount so paid to him; and any moneys which would after the taking effect of this Act be paid into the Treasury of said town, shall be paid into said fund created by this Act, and receipted for by and charged to said County Treasurer, as in this section provided. Sec. 9. When any warrant, issued as provided by law, shall be paid by the Treasurer of said county, he shall immediately note on the Registry thereof the time of such payment, and cancel such warrant in the same manner he cancels other warrants when paid by him. Sec. 10. The Board of Trustees, created by the second section of this Act, shall have power and is hereby authorized to begin and prosecute any action which said Town of Hamilton, or the corporate authorities thereof, have or would have a right to begin and prosecute, and shall defend any action brought against said town, or against the said Board, as the legal representative thereof. Any costs and expenses necessarily incurred by said Board, in or about any such litigation, shall be paid out of said Hamilton Debt Fund. Sec. 11. When all liabilities and debts of said Town of Hamilton shall have been fully discharged and paid, as in this Act provided, any money remaining in said Hamilton Debt Fund shall be transferred, by order of the Board of Commissioners of said county, to the Hamilton School Fund thereof. Sec. 12. This Act shall take effect on the twenty-second day of March, A. D. eighteen hundred and seventy-five. |
Payment of warrants under Act, etc.
Transfer of moneys from Town to Hamilton Debt Fund.
Cancellation of paid warrants.
Actions in right of town; powers of Trustees with respect to.
Balance in Hamilton Debt Fund, transfer of.
Act to take effect, when. |
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κ1875 Statutes of Nevada, Page 156κ
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Running toll gate, etc., made misdemeanor.
Punishment.
Fines under Act, how disposed of. Costs, etc.
Expired and forfeited franchise to vest in county.
County Commissioners, powers of. |
Chap. XCVIII.An Act to amend sections five and seven of an Act of the Legislature of the State of Nevada entitled An Act to provide for constructing and maintaining toll roads and bridges in the State of Nevada, approved March eighth, eighteen hundred and sixty-five.
[Approved March 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of an Act of the Legislature of the State of Nevada entitled An Act to provide for constructing and maintaining toll roads and bridges in the State of Nevada, approved March eighth, eighteen hundred and sixty-five, is hereby amended so as to read as follows: Section Five. If any person, liable to pay toll therefor, traveling upon any toll road within this State, shall run by, or go around, or attempt to run by any toll gate lawfully established on such road, without first paying or tendering the amount of toll demanded therefor by the proprietor thereof, with the intent to avoid the payment of such toll, he shall be deemed guilty of a misdemeanor, and on conviction thereof before any Court of competent jurisdiction, shall, for each offense, be punished by fine in any sum not exceeding fifty dollars, or imprisonment in the County Jail not exceeding five days, or both, at the discretion of the Court. All fines collected under the provisions of this section of this.Act shall be paid into the Treasury of the county wherein such conviction shall have been had, for the benefit of the School Fund; but in no case shall the county be responsible for the costs of any prosecution under this section. Sec. 2. Section seven of said Act, to which this Act is amendatory, is hereby amended so as to read as follows: Section Seven. Upon the expiration of forfeiture of any toll road franchise, granted under the provisions of this Act, or any other Act, the ownership of said road, with all the rights and privileges theretofore belonging to the same, shall vest in the county or counties in which said road shall be located; and whenever the same shall have happened, or shall happen, the County Commissioners of the proper county may declare so much thereof as is within their county a free highway, or may collect tolls thereon, to be used in keeping it in repair, or may, by resolution, extend the term of said franchise to the former proprietor of said road, or to his successors or assigns, for the term of five years from the date of such extension, with all the rights and privileges theretofore at any time belonging thereto, subject, however, to the general provisions of this Act. |
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κ1875 Statutes of Nevada, Page 157κ
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Chap. XCIX.An Act to reimburse Daniel G. Corbett and William H. Corbett for moneys expended by them on the State Capitol.
[Approved March 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven hundred and thirty dollars, in gold coin of the United States, is hereby appropriated out of any moneys in the State Treasury not otherwise specifically appropriated, to reimburse Daniel G. Corbett and William H. Corbett, as Corbett Brothers, for moneys expended by them in the erection of the State Capitol. Sec. 2. The Controller shall draw his warrant, in favor of said Daniel G. Corbett and William H. Corbett, on the State Treasurer, for said sum of seven hundred and thirty dollars, and the Treasurer shall pay the same; and such payment shall be in full of all demands of said Corbetts against the State of Nevada to the date of the passage of this Act. |
Appropriation.
Controller to draw warrant, etc. |
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Chap. C.An Act to encourage the construction of cheap transportation lines.
[Approved March 10, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any number of persons, not less than three, in this State or the United States, being subscribers to the stock of any contemplated transportation company, may form themselves into a corporation for the purpose of constructing, owning, operating, and maintaining transportation lines, consisting of railroads, canals, and flumes, or either of them, by complying with the following requirements: Whenever stock to the amount of at least two hundred dollars for each and every mile of such proposed railroad, and stock to the amount of at least one hundred dollars for each and every mile of such proposed canal or flume, shall have been subscribed, and ten per cent. in cash of the amount so required to be subscribed shall have been actually and in good faith paid to a Treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days notice from said Treasurer of a meeting of said subscribers for the purpose, may adopt articles of association, and may elect from among the subscribers to said articles or not less than three nor more than five Directors; and by complying with the provisions of an Act entitled An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, |
Corporations for transportation purposes authorized; formation of. |
κ1875 Statutes of Nevada, Page 158 (CHAPTER 100)κ
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Benefits of general law.
Right of way, etc.
Powers of such corporations.
Sketch map and description of route to be filed.
Final survey, etc.
Operation of transportation lines formed under Act.
Application of provisions of Act. |
management of the affairs thereof, and other matters relating thereto, approved March twenty-second, one thousand eight hundred and sixty-five, and amendments thereto, approved, severally, February twenty-seventh, one thousand eight hundred and sixty-nine, February ninth, one thousand eight hundred and seventy-one, and February twenty-first, one thousand eight hundred and seventy-one, except as otherwise provided in this Act, they, their associates, and assigns, shall be entitled to all the rights, privileges, and franchises relating to right of way, depots, acquiring and using property, and other rights which are granted to railroad corporations in said railroad Act, approved March twenty-second, one thousand eight hundred and sixty-five, and the several amendments thereto, above mentioned, except as herein provided. Sec. 2. Every corporation so formed shall have power to construct, own, operate, and maintain flumes, canals, and railroads for the transportation of wood, lumber, and other freight adapted to the respective lines of transportation, and may construct said railroads with a single track, or with gauge, and of such materials, and may operate such roads with such motive power, as such corporations may determine. Sec. 3. Persons entitled and desiring to incorporate under the provisions of this Act, for the purpose of constructing such transportation lines between two or more points in this State, may file a sketch-map and general description of the proposed route or routes, in the office of the County Recorder of the counties within or through which such routes may run, and such filing shall confer upon such persons so filing, their associates and assigns, the right to such routes thus designated; provided, that such persons, their associates and assigns, shall, within thirty days from such filing, proceed to make and complete, without unreasonable delay, an accurate final or locating survey of such routes, and shall file a map and profile of the same, as required by the aforementioned Act approved March twenty-second, one thousand eight hundred and sixty-five, and the several amendments thereto. Sec. 4. Corporations owning or operating flumes, canals, or railroads under this Act, in the mountains, or depending almost wholly on the mountains for freight, shall not be required to operate the same more than six months per year, nor shall they be obliged to carry passengers. Sec. 5. The provisions of this Act, as to the amount of stock to be subscribed, and the amount of cash to be paid in, shall not apply to railroads of a wider gauge than three feet. |
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κ1875 Statutes of Nevada, Page 159κ
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Chap. CI.An Act entitled an Act in relation to public highways.
[Approved March 15, 1875.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a majority of the taxpayers of any township in any county of this State, whose names shall appear on the last previous assessment roll, shall petition the Board of County Commissioners of such county to divide such township into a road district or road districts, it shall be the duty of said County Commissioners to so divide such township, and to create such road district or districts (fixing the boundary thereof, and having the same recorded), and to appoint a Road Supervisor for each district, to serve until the next general election, when said Supervisors shall be elected by the people of their districts (in the same manner that other township officers are elected), to serve for two years, and until their successors are elected and qualified. When such road district or districts shall once be created, they shall remain the same, and have the rights and be subject to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same, when it shall be the duty of such Board to disorganize said district. Sec. 2. The County Clerk of the county in which such district or districts may be created, shall immediately after their election or appointment, notify all Road Supervisors so elected or appointed, who shall qualify within thirty days after their appointment or election, as provided in section three of this Act; and whenever a vacancy occurs in said office of Road Supervisor, either from a failure to qualify or from any other cause, the County Commissioners of such county shall appoint a resident of such district to fill said vacancy, who shall serve until his successor elected at the next general election shall be qualified. Sec. 3. Any person elected or appointed Road Supervisor shall, before entering upon the discharge of his official duties, take and subscribe to the official oath of the State, and shall execute and deliver a good and sufficient bond, with securities to be approved by the Board of County Commissioners of his county, in a penal sum to be fixed by such Board, of not less than five hundred dollars, conditioned for the faithful performance of the duties of his office in Road District No. _____, County of _____, Nevada, in pursuance of the provisions of this Act, which said oath shall be filed, and said bond be filed and recorded in the office of the County Clerk of said county. Said bond shall be given to the State of Nevada, and actions for the benefit of any party aggrieved may be brought thereon in any Court of competent jurisdiction, in the same manner and with the same effect as upon other official bonds. Sec. 4. It shall be the duty of each Road Supervisor faithfully to collect all road taxes lawfully imposed and required to be paid, |
County Commissioners to establish road districts.
Road Supervisor.
Road district, when disorganized.
County Clerk to notify Road Supervisors.
Vacancy, how filled.
Oath and bond of Road Supervisor.
Action on bond.
Road Supervisor, duties of. |
κ1875 Statutes of Nevada, Page 160 (CHAPTER 101)κ
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Supervisor to file list and statement.
To pay over moneys.
Proviso.
Transfer of moneys from Road Fund to School Fund, when to be made.
Compensation of Road Supervisor.
Proviso.
Road Fund, how used.
Road Fund, how created. |
be paid, and judiciously and economically to expend the same, together with all other sums belonging to the Road Fund of his district, or such part thereof as in his judgment may be required upon the public highways of his district; to superintend all labor upon such highways, and to see that the same is faithfully performed. Such labor may be performed at such times as in the judgment of the Supervisors it will be most beneficial. The Supervisor of each district shall, on the first Monday in January and the first Monday in July of each year, file with the County Clerk of his county a list of the names of all persons in his district who have been residents thereof thirty days, designating those who have paid poll taxes, and at the same time and place shall file a full [and] concise statement of all labor performed, including his own, and all moneys received and paid out. Any surplus of money remaining after payment of all road dues, not including his own wages, he shall pay over to the County Treasurer of his county, and take his receipt therefor. The County Treasurer shall place the same to the credit of the Road Fund, to be used for the benefit of such road district, which said Road Fund the several Boards of County Commissioners of this State are hereby authorized and directed to create and maintain; provided, such fund may not be created or maintained in any county which has not or shall not have any road district. Sec. 5. All moneys remaining in the Road Fund belonging to any road district at the end of every year, or belonging to any district that may disorganize, as provided by this Act, may, on petition of a majority of the taxpayers therein, be applied by the County Commissioners to the building of any bridge or special improvement of any highway in said district, or the county in which said district is situated, or upon such petition, said moneys may be transferred to the School Fund, and applied to the public school or schools of said district. Sec. 6. The compensation of each Road Supervisor shall be fixed by the Board of County Commissioners, payable out of the Road Fund. Such compensation shall not exceed five dollars per day for each days work actually performed by him as Supervisor while actually engaged in work or superintending work upon the highways, and six per cent. for collecting and disbursing all road taxes; provided, the Supervisors shall receive no compensation for such collections and disbursements, or for notifying men to work on the roads, other than the said six per cent. Sec. 7. The moneys constituting the fund of said road districts shall first be used in the payment of the bills allowed in favor of such Supervisor for his labor; any surplus may be used in payment of other demands allowed on said Road Fund by the Board of County Commissioners, including building and repairing bridges, aqueducts, and highways of the district to which said fund belongs. And no money shall be drawn from the Road Fund without the order and approval of said Board of County Commissioners. Sec. 8. To create a Road Fund for the districts hereby authorized to be created, the said County Commissioners are required to set off to said fund fifty per cent. of the net proceeds of all poll taxes collected from citizens residing in such road districts; |
κ1875 Statutes of Nevada, Page 161 (CHAPTER 101)κ
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of all poll taxes collected from citizens residing in such road districts; also, when a majority of the property holders of such district shall petition the County Commissioners in favor of a property tax, said Commissioners shall levy a tax on all property within such district, at a rate not to exceed three dollars upon each one thousand dollars valuation, which tax shall be collected by the Supervisor as hereinbefore provided, and paid into the Treasury for such Road Fund; provided, that any person owing such property tax may pay all or part of the same by labor on the roads of the district, under the direction of the Supervisor, at the rate of three dollars for each full days work and implements of labor; for team of two animals, four dollars per day; and each additional animal, one dollar per day. Sec. 9. To enforce the collection of road taxes as provided in this Act, the Supervisor shall demand of each taxpayer the amount of road taxes due, and upon refusal or neglect to pay the same for the space of twenty days, he may seize so much of any and every species of personal property whatsoever owned by said person owing and refusing to pay said road tax, and shall, after posting notices in three conspicuous places in such district, giving ten days notice, proceed to sell to the highest bidder so much thereof as will be sufficient to pay said road tax and costs of seizure and sale, which costs shall not exceed four dollars in each case. Sec. 10. At any time when a majority of the residents of a road district shall petition the County Commissioners of their respective counties for the location, opening for public use, establishment, change, or vacation of any public road or highway,or road to connect with any highway heretofore established, any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course, and termination of such road or highway, street, or alley proposed to be located and opened to public use, reestablished, changed, or vacated, together with the names of the owner or owners of the lands through which the same may pass, the County Clerk of said county shall lay said petition before the Board of County Commissioners, at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, reestablish, change, or vacate such road or highway, street, or alley. Before opening any new road, street, or alley, through private property, such property shall be condemned for public use as follows: The Board of County Commissioners shall appoint one disinterested person, and the owners or agents of the lands through which such highway may run, shall select one person; and the two shall proceed to view out such road, street, or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed, or vacated, after deducting any advantages arising from such road, street, or alley, to the owner or owners of such property. If the two persons views cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as Road Viewers shall be authorized to administer oaths and compel the attendance of witnesses, |
Property tax authorized.
Payment of tax by labor.
Enforcement of collection of road tax. Seizure of property.
Establishment, etc., of public road, upon petition.
Condemnation of property, etc. Appointment of Viewers.
Third Viewer to be appointed, in case of disagreement. |
κ1875 Statutes of Nevada, Page 162 (CHAPTER 101)κ
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Action to set aside avowal. Damages, how paid.
Proviso.
Repeal. |
administer oaths and compel the attendance of witnesses, as Road Viewers, and the decision of the Road Viewers shall be final; provided, the parties aggrieved by the decision of such Road Viewers shall commence action in the District Court, within twenty days from the date of such decision, to set aside such avowal; and upon the final award and decision of such damages, the Board of County Commissioners shall order the payment of the same out of any moneys belonging to said Road District Fund; and thereupon said Board of County Commissioners shall order the Road Supervisor of the district to open, change, or vacate, as the case may be, such road, street, or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot, so as to greatly impair it in shape, without the consent of the owner or owners thereof; and in all cases they shall follow legal or subdivisional lines of the Government survey, or subdivisions of town plats, where the same is practicable. Sec. 11. An Act entitled An Act in relation to public highways, approved March fifth, eighteen hundred and seventy-three, and all Acts and parts of Acts, in conflict with this Act, are hereby repealed. |