[Rev. 5/3/2022 8:38:46 PM]
κ1877 Statutes of Nevada, Page 45κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
EIGHTH SESSION OF THE LEGISLATURE, 1877.
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Chapter IAn Act to create a State Legislative Fund.
[Approved January 5, 1877.]
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 allowance, 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 operations 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 remain[s] 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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Treasurer to pay interest from Interest Fund.
Treasurer must give certificates if Interest Fund is exhausted
Money to be set aside.
Advertisement.
County Commissioners may transfer money to Sinking Fund. Proviso.
Acts repealed. Act to take effect |
Chap. II.An Act to amend an Act entitled An Act to consolidate and fund the indebtedness of Lincoln County, approved February seventeenth, eighteen hundred and seventy-three.
[Approved January 18, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act of which this amendatory is hereby amended so as to read as follows: Section Nine. It shall be the duty of the County Treasurer of Lincoln County, whenever the interest on said bonds becomes due and the same is presented to him for payment, as provided in section two of said Act, to pay the same from the Interest Fund provided for in section eight of said Act. Such payment be made in the order of presentation, and if the money in said Interest Fund be exhausted before the interest on all of said bonds so presented shall be paid, then the said Treasurer shall give to the holders of said bonds respectively, on which the interest cannot be paid, a certificate or certificates of the amount of interest due on each of said bonds, together with the reason why the same is not paid. Such certificate or certificates shall be indorsed on, or attached to coupons presented for payment, and it shall then be the duty of said Treasurer to set aside from the first money subsequently coming into said Interest Fund sufficient to pay said certified coupons in the order of their first presentation, and shall immediately notify the holders of said certified coupons if the same can be conveniently done, and if not, shall, when there is sufficient money so set aside from said Interest Fund to pay all of said certified coupons, advertise said fact in a newspaper published in said county, if there be one, for the period of one month; provided, any of said certified coupons are not presented within one year, then the amount set aside for the payment of the same, as above, shall be used in the payment of any unpaid certified coupons. Sec. 2. Section twenty-one of said Act is hereby amended so as to read as follows: Section Twenty-one. At the first meeting in December in each year of the Board of County Commissioners of said county, they may transfer any surplus money there may be in the General Fund of said county to the Sinking Fund created by this Act; provided, there shall be left in the Treasury a sufficient amount to defray the current expenses of said county for the twelve months next ensuing. Sec. 3. All Acts or parts of Acts in conflict with this Act are hereby repealed. Sec. 4. This Act shall be in force from and after its passage. |
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Chap. III.An Act to repeal 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 fifth, eighteen hundred and seventy-five, and the Act of which the same is amendatory.
[Approved January 18, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 fifth, eighteen hundred and seventy-five, and the Act entitled an Act to provide for the destruction of noxious animals within this State, approved March seventh, eighteen hundred and seventy-three, are severally hereby repealed. |
Act repealed. |
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Chap. IV.Repealed. See Chapter XIV. |
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Chap. V.An
SECOND PARALLEL SECTION
[Approved January 19, 1877.]
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 sixteen thousand dollars. No 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 fourteen per cent. per annum, and shall be redeemed in the following manner: Said bonds shall be payable at the office of the County Treasurer of Eureka County on the first Monday of July, A. D. eighteen hundred and seventy-nine. The interest on said bonds shall be payable semi-annually, at the office of the County Treasurer, in Eureka County, Nevada. Of the first moneys coming into the County Treasury each year, after the issuance of said bonds, and after the apportionment shall have been made for State purposes, and to the District Judges Salary Fund, the County Auditor shall set apart a sufficient sum to pay the interest on said bonds; and during the year A. D. eighteen hundred and seventy-eight, |
County Commissioners authorized to issue bonds, etc. |
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Commissioners to issue bonds when necessary.
Form of bonds. |
pay the interest on said bonds; and during the year A. D. eighteen hundred and seventy-eight, and up to the first Monday in July, A. D. eighteen hundred and seventy-nine, a sufficient sum shall be set apart to pay in full said bonds and the remaining interest thereon. Sec. 2. Whenever in the opinion of the Board of County Commissioners, the issuance of said bonds is necessary for the best interests of Eureka County, the County Treasurer shall sell, at par, the whole amount herein provided for, or any part thereof, as said Commissioners by order may direct; and the proceeds of such sale shall be placed in the County Treasury as a fund for the liquidation of the present bonded debt of Eureka County, and shall be applicable to no other purpose. Sec. 3. The County Commissioners are hereby authorized and empowered to have said bonds printed in form and manner to carry out the provisions of this Act. |
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Contracts of certain dates legalized.
Bonds legalized.
Bonds authorized.
Proviso. |
Chap. VI.An Act to legalize certain contracts made by the Mayor and Board of Aldermen of the City of Virginia, Storey County, State of Nevada, and the Virginia and Gold Hill Water Company, of the same place, and for the issuance and sale of bonds for the payment of said indebtedness thereby incurred.
[Approved January 22, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That all contracts made by the Mayor and Board of Aldermen of the City of Virginia, with the Virginia and Gold Hill Water Company, both of the County of Storey, State of Nevada, dated on the eighth day of December, eighteen hundred and seventy-five, and on the eighth day of June, eighteen hundred and seventy-six, are hereby legalized, confirmed, and declared valid, to all intents and purposes, and all bonds that may be issued by the Mayor and Board of Aldermen of the City of Virginia for the purpose of providing money for the payment of the indebtedness incurred by said contracts, are hereby declared to be legal and valid obligations of and against said city, and the faith and credit of said city are hereby pledged for the prompt payment of the same. Sec. 2. The Mayor and Board of Aldermen of the City of Virginia are hereby authorized at their first meeting after the passage of this Act, or so soon thereafter as it shall be convenient, to issue bonds of said city, to the amount of two hundred and twenty-four thousand dollars, payable in gold coin of the United States, in such amounts or sums as the said Mayor and Board of Aldermen may deem advisable; provided, that no single bond shall exceed in amount the sum of one thousand dollars. The said bonds shall be numbered consecutively, and made payable as follows: The sum of fifty-six thousand dollars shall become due and payable on the first day of February, |
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shall become due and payable on the first day of February, eighteen hundred and seventy-eight; the sum of fifty-six thousand dollars shall become due and payable on the first day of February, eighteen hundred and seventy-nine; the sum of fifty-six thousand dollars shall become due and payable on the first day of February, eighteen hundred and eighty; and the sum of fifty-six thousand dollars shall become due and payable on the first day February, eighteen hundred and eighty-one. Sec. 3. The said bonds shall be dated when issued, and shall bear interest at the rate of twelve per cent per annum. Said interest shall be payable semi-annually in gold coin of the United States, at the office of the City Treasurer of the said City of Virginia. Sec. 4. The bonds to be issued pursuant to the provisions of this Act, shall be signed by the Mayor of the said City of Virginia, countersigned by the Clerk of the said City of Virginia, and indorsed by the Treasurer of the City of Virginia, and shall be authenticated with the seal of the said City of Virginia. Coupons for the payment of the interest thereon shall be so attached that they can be removed without injury to the bonds. Such coupons shall be signed by the Mayor of the said City of Virginia. Sec. 5. The Mayor and Board of Aldermen of the said City of Virginia are hereby authorized and directed to negotiate the sale of the bonds herein provided to be issued, by private sale; provided, that none of said bonds shall be sold or disposed of below their par value; and the said Mayor and Board of Aldermen are hereby directed, unless such bonds have been sold by private sale, to advertise for bids for the sale of said bonds, for the space of ten days, in one of the newspapers in the City of Virginia, and also in one of the leading commercial newspapers of the City and County of San Francisco, California; but such bonds shall not be sold for less than ninety-five per cent. of their par value. The Clerk of said City of Virginia shall keep a record of the amount, number, and date of each bond issued pursuant to the authority herein given, and report the same to the Mayor and Board of Aldermen, and the proceeds of all bonds sold shall forthwith be paid into the Treasury of said City of Virginia. The said bonds shall be made payable to the parties, or bearer, to whom issued, payable in gold coin of the United States, principal and interest. The Treasurer of the City of Virginia shall pay the interest on any bonds issued pursuant to the provisions of this Act, whenever the same become due. No bonds so issued and sold, shall be sold for, or redeemed, in any currency except gold coin of the United States. Sec. 6. The Mayor and Board of Aldermen of the said City of Virginia, for the purpose of paying the said bonds and interest, shall levy and cause to be collected for the fiscal year commencing January the first, A. D. eighteen hundred and seventy-seven, and annually thereafter, until all of the bonds and interest issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax not to exceed one dollar and fifty cents on each one hundred dollars of all the taxable property, |
Payment of bonds.
Interest.
Bonds, by whom signed.
Coupons.
How the bonds are to be sold.
City Clerk to keep a record.
Treasurer to pay interest. Gold coin.
Tax authorized. |
κ1877 Statutes of Nevada, Page 50 (CHAPTER 6)κ
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Special Fund.
Surplus.
Expense of bonds.
Redemption.
Advertisement.
Interest estopped. Surrender of bonds not due
Advertisement. |
not to exceed one dollar and fifty cents on each one hundred dollars of all the taxable property, real, personal, and mixed, subject to taxation for other purposes, within the said City of Virginia; and the said tax so levied shall become due and payable the same as other city taxes; and the special tax levied shall be collected by the City Tax Collector, and by him paid to the City Treasurer of said city, and shall be set apart as a special fund to be known as the Water Bond Redemption Fund, and the said fund is hereby set apart, appropriated, and pledged, as well as the faith and credit of the said City of Virginia, for and to the payment of both principal and interest of all bonds of said City of Virginia, issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax heretofore levied shall be paid out, or in any way diverted from the City Treasury, for any other purpose than the payment of said bonds, principal and interest, unless, when said bonds and interest are all fully paid, there should remain a surplus in said fund, which surplus, if any, may be transferred by the Mayor and Board of Aldermen to the General Fund of the city. The sum of two thousand dollars, or so much thereof as may be necessary, shall be taken from the proceeds of the sale of said bonds, and is hereby appropriated to pay the expense of procuring said bonds, selling them, and placing the proceeds in the City Treasury. Sec. 7. Whenever there shall be sufficient money in said Water Bond Redemption Fund to pay off and redeem any of the bonds mentioned in this Act, at the time they may become due as herein provided, the City Treasurer shall give notice in some newspaper published in the City of Virginia, and also in one of the leading commercial newspapers of the City and County of San Francisco, California, for the period of ten days, which notice shall give the amounts and number or numbers of the bonds to be redeemed, when the same become due, and that the Treasurer of said city will on that day be prepared, and will pay and redeem the same on presentation at his office at the City of Virginia, Nevada; and in case said bond or bonds be not so presented for payment the same shall not draw interest thereafter. Sec. 8. Whenever at any time there shall be in said Water Bond Redemption Fund the sum of ten thousand dollars, over and above the amount required to redeem the principal and interest of the bonds specified in the published notices of the City Treasurer, provided for in the last preceding section of this Act, the Mayor and Board of Aldermen of the City of Virginia may direct the City Treasurer to give ten days notice, by publication in some newspaper published in said city; also, in one of the leading commercial newspapers of the City and County of San Francisco, California, that sealed proposals directed to him will be received for the surrender of any of the bonds issued under the provisions of this Act other than those specified in said published notices of the City Treasurer, and that said sealed proposals will be received by him until the next regular meeting of the Mayor and Board of Aldermen thereafter. Sec. 9. At the time of the first regular meeting of said Mayor and Board of Aldermen thereafter, |
κ1877 Statutes of Nevada, Page 51 (CHAPTER 6)κ
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Mayor and Board of Aldermen thereafter, they, together with the City Clerk and Treasurer, shall attend at the meeting room of such Board, and then and there all sealed proposals shall be opened, and they shall accept the lowest bids for the surrender of any such bonds. No bid for more than par value shall be so accepted, and must be accompanied by the bond or bonds proposed to be surrendered. Sec. 10. When any bids are accepted, the City Clerk and City Treasurer shall each take a description of the bonds to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respective offices, and thereupon the Mayor and Board of Aldermen shall by order direct the City Treasurer to purchase the bonds designated in the accepted bid or bids, and pay for the same out of said Water Bond Redemption Fund; and all bonds so redeemed shall be canceled by the City Treasurer, by writing across the face thereof, in red ink, the words, Purchased and redeemed, adding thereto the time when the same was or were so redeemed, and the amount paid therefor, and signing the same officially. The order of the Mayor and Board of Aldermen, together with the record made by the City Clerk, as herein required, shall be sufficient voucher for the City Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of bonds in par value for the smallest amount of money. The bid and amount of bonds being equal, taking into consideration both principal and interest, each shall be accepted pro rata as near as possible. The City Treasurer shall return all unaccepted bids, together with the bonds therein contained, to the owners, on demand. The City Treasurer shall keep a separate account, under the heading of Water Bond Redemption Fund, of all moneys received into said fund, and all moneys paid out of said fund, and to whom paid. He shall also on the register of bonds kept by him, write opposite each bond redeemed by him under the provisions of this Act, the word Purchased, together with the amount paid therefor. Sec. 11. All the taxes provided for in this Act, after the same shall have been levied and assessed, shall be and become a lien upon all such property so assessed; and all of said taxes provided herein shall be levied at the same time, and become due and payable, and be collected and paid over at the same time as other taxes for city purposes, and the same percentage shall be added to all delinquent taxes returned, and the same percentage allowed to the City Attorney for collecting the same, as is now provided by law for the collection of city taxes. Sec. 12. The City Tax Collector shall receive for his services in collecting the taxes herein provided, a percentage to be fixed by the Mayor and Board of Aldermen, not to exceed one and one half per cent on the amount of taxes collected by him, and shall return all uncollected taxes as delinquent, which delinquent taxes shall be collected by the City Attorney as other delinquent taxes are now by law collected. Sec. 13. When a sufficient amount has been realized from the sale of the bonds provided for in this Act to satisfy and discharge all of the indebtedness due from the City of Virginia to the said Virginia and Gold Hill Water Company, |
Lowest bid to be accepted.
Par value.
Duties of Clerk and Treasurer
Cancellation.
Vouchers.
Smallest amount. Bid and amount being equal. Bonds returned.
Treasurers account.
Tax becomes lien.
Tax, when levied and collected.
Percentage of Tax Collector.
Delinquent taxes. |
κ1877 Statutes of Nevada, Page 52 (CHAPTER 6)κ
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Final redemption.
Water Company to deliver property.
Water Company to furnish a full supply of water.
Payment as per agreement. |
the sale of the bonds provided for in this Act to satisfy and discharge all of the indebtedness due from the City of Virginia to the said Virginia and Gold Hill Water Company, under the contracts mentioned in the first section of this Act, the Mayor and Board of Aldermen shall order a warrant to be drawn in favor of said Virginia and Gold Hill Water Company, signed by the Mayor and City Clerk, for the full amount of said indebtedness, including interest at the rate specified in said contracts, up to the date of said warrant, which warrant shall be delivered to said Virginia and Gold Hill Water Company upon said water company receipting to said city for said indebtedness, and upon the delivery by the said water company to said city of all the reservoirs, pipes, and hydrants now in the City of Virginia, constructed by said water company for the protection of said city from fire; and the said reservoirs, pipes, and hydrants shall thenceforth be, and the same are hereby declared to be the property of the said City of Virginia, and the City Treasurer is hereby authorized and directed to pay said warrant, upon presentation to him at his office, out of the proceeds of the sale of said bonds. Sec. 14. That from and after the payment of said indebtedness to the said Virginia and Gold Hill Water Company the said water company and its assigns and successors, during the existence of the contracts with the city therefor, as hereinafter mentioned, shall keep all the said reservoirs, pipes, and hydrants well supplied with water for the purposes for which they were constructed; and the said City of Virginia shall, at any and all times, have the right to use the said water for the extinguishment of fire, and for the protection of said city from damage by fire; and upon the execution and delivery by said water company to said city of an agreement in writing, binding itself, its successors and assigns, to keep said reservoirs, pipes, and hydrants well supplied with water as aforesaid, the said city shall pay to said water company, or its successors or assigns, a sum, to be fixed by agreement between said company and said city, not to exceed the sum of five hundred dollars per month, in United States gold coin. |
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Chap. VII.An Act to amend an Act entitled 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 second, eighteen hundred and seventy-five.
[Approved January 23, 1877.]
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: |
κ1877 Statutes of Nevada, Page 53 (CHAPTER 7)κ
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Section Nine. Section four hundred and seventy-three of said Act is hereby amended to read as follows: Section Four Hundred and Seventy-three. An appeal must be taken within three months after the judgment is rendered. |
Appeal, when taken. |
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Chap. VIII.An Act to amend an Act 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, and to authorize said county to issue its bonds for two hundred thousand dollars to aid the same, passed February ninth, eighteen hundred and seventy-five.
[Approved January 23, 1877.]
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. 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, 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. 2. Section ten of said Act is hereby amended so as to read as follows: Section Ten. 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 shall within five 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 herein-before stated. |
Duty of County Commissioners when ten miles of railroad are completed.
Each succeeding ten miles.
Time of completion. |
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County Commissioners empowered. |
Chap. IX.An Act to authorize the Commissioners of Eureka County to change the apportionment of county revenues to certain funds in said Eureka County.
[Approved January 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Eureka County are hereby empowered to apportion to the General Fund and Current Expense Fund of said county, as nearly equal as may be deemed necessary, all moneys coming into the County Treasury and by law directed to be apportioned to the Contingent Fund and Indigent Sick Fund. |
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Payment estopped.
Treasurer shall advertise for proposals.
The lowest bid to be accepted. Proviso. |
Chap. X.An Act to provide for the payment of the indebtedness of White Pine County known as the Hamilton debt.
[Approved January 26, 1877.]
The People of the State of Nevada, represented in Senate and Assemby, do enact as follows:
Section 1. From and after the passage of this Act, it shall not be lawful for the Treasurer of White Pine County to pay any warrant drawn on the Hamilton Debt Fund of said county prior to the passage of this Act, except in the manner hereinafter provided. Sec. 2. Whenever at any time there shall be in said Hamilton Debt Fund the sum of five hundred dollars or more it shall be the duty of the County Treasurer of said county to give at least ten days notice, by publication in some newspaper published in the county. If there be no newspaper published in said county, or if the publisher of such paper shall fail or refuse to publish such notice, for any cause whatever, then in that case the Treasurer of said county shall cause said notice to be posted upon the Court House door, that sealed proposals directed to him will be received for the surrender of county indebtedness audited and allowed by the Board of County Commissioners and payable out of the Hamilton Debt Fund of said county. Sec. 3. On the first day of such regular meetings of said Board of County Commissioners they, together with the County Auditor and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of legal evidence of county indebtedness against said Hamilton Debt Fund audited; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied with the legal evidence of indebtedness proposed to be surrendered. |
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with the legal evidence of indebtedness proposed to be surrendered. Sec. 4. When any bid or bids are accepted the County Auditor shall take a description of the indebtedness to be surrendered, specifying the amount to be paid for each, the date, number, and amount thereof, and make a record thereof, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants of indebtedness designated in the accepted bid or bids, and pay for the same out of the Hamilton Debt Fund aforesaid; and all warrants so surrendered shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, Purchased and redeemed, adding thereunto the time when, and the amount paid therefor, signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount for the least sum of money. The bids and amount of indebtedness being equal, each shall be accepted pro rata, as near as possible. The County Treasurer shall return all unaccepted bids to the owners, on demand. The County Treasurer shall keep a separate account of all moneys received into said fund, and of all moneys paid out of said fund, and to whom paid. He shall also, in the register of Hamilton debt warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word Purchased, and the amount paid therefor. Sec. 5. All those parts of an Act entitled an Act to disincorporate the Town of Hamilton, in White Pine County, so far as they conflict with the provisions of this Act, are hereby repealed. |
Purchase to be made.
Cancellation.
Vouchers Equal Bids.
Bids returned. Separate account.
Act repealed. |
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Chap. XI.An Act to amend an Act entitled An Act to prevent the destruction of fish in the waters of the State of Nevada, approved March second, eighteen hundred and seventy-one.
[Approved January 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above entitled Act is hereby amended so as to read as follows: Section Two. All persons, firms, or corporations who have erected mill dams, water weirs, or other obstruction on rivers or streams within the waters of this State, shall, within thirty days after the passage of this Act, construct fish ways, or fish ladders, at such mill dams, water weirs, or obstructions, so that, at all seasons of the year, fish may ascend above such dam, weir, or obstruction, to deposit their spawn. |
Fish ladders must be built over all dams. |
κ1877 Statutes of Nevada, Page 56 (CHAPTER 11)κ
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Penalty for failing to comply with this Act.
Acts repealed.
When to take effect |
ladders, at such mill dams, water weirs, or obstructions, so that, at all seasons of the year, fish may ascend above such dam, weir, or obstruction, to deposit their spawn. Any person, firm, or corporation owning such mill dam or obstruction, who shall fail to construct or keep in repair such fish way, or fish ladder, shall be deemed guilty of a misdemeanor, and shall be punished by a fine, upon conviction thereof, not exceeding three hundred dollars. All other Acts or parts of Acts conflicting with section one of this Act are hereby repealed. Sec. 2. This Act shall take effect and be in force from and after its passage. |
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Chap. XII.Repealed. See Chapter LXXII. |
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Paper to be as legal as though signed by two witnesses.
Issue of fact not determined.
May be contested. |
Chap. XIII.An Act to admit to probate a certain paper purporting to be the last will and testament of Rufus Adams.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The paper purporting to be the last will and testament of Rufus Adams, deceased, is hereby declared to be as legal and valid as though the signature of the testator to the same was attested by two subscribing witnesses, and the executor of said estate is hereby authorized to offer said paper for probate as the last will of said deceased, before the proper Court, and the signature of the testator to said will may be established with legal evidence other than subscribing witnesses. Sec. 2. Nothing in this Act shall be construed as determining the issue of fact whether said paper is the last will and testament of said deceased, but said issue shall be submitted to and determined by the Court. Sec. 3. Nothing in this Act shall be so construed as to prevent heirs at law, or other parties interested in said estate, from contesting the validity of said paper as the last will of deceased. |
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This bill having remained with the Governor five days (Sunday excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of His Excellency the Governor, this thirtieth day of January, A. D. eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Chap. XIV.An Act to repeal an Act entitled An Act to legalize certain contracts made by the Mayor and Board of Aldermen of the City of Virginia, Storey County, State of Nevada, and the Virginia and Gold Hill Water Company, of the same place, and for the issuance and sale of bonds for the payment of certain indebtedness thereby incurred, approved January nineteenth, eighteen hundred and seventy-seven.
[Approved January 30, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act to legalize certain contracts made by the Mayor and Board of Aldermen of the City of Virginia, Storey County, State of Nevada, and the Virginia and Gold Hill Water Company, of the same place, and for the issuance and sale of bonds for the payment of certain indebtedness thereby incurred, approved January nineteenth, eighteen hundred and seventy-seven, is hereby repealed. Sec. 2. The Secretary of State is hereby directed and required to exclude from publication, in the volume of laws to be published of the eighth session of the Nevada Legislature, the Act hereby repealed. |
Act repealed.
Act repealed not to be published. |
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Chap. XV.An Act to amend an Act entitled An Act to require foreign corporations to furnish evidence of their incorporation and corporate name, approved March third, eighteen hundred and sixty-nine.
[Approved January 30, 1877.]
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. Every incorporated company or association created and existing under the laws of any other State, or of any foreign Government, shall file in the office of the County Recorder of each county of this State, wherein such corporation is engaged in carrying on business of any character, a properly authenticated copy of their certificate of incorporation, or of the Act or law by which such corporation was created, with a proper certificate of the officers of the corporation as to the genuineness of the same; and to each of such certificates shall be appended a duly certified list of the officers of such corporation, which said list, with the proper supplemental certificate, shall be corrected as often as a change in such officers occurs; and a copy of such certificate, duly certified to by the County Recorder wherein such certificate is filed, may be introduced in evidence to prove the fact of the existence of such corporation, without further proof. |
Every company incorporated in any other State must file certificate
List of Officers to be appended. Must be corrected from time to time. |
κ1877 Statutes of Nevada, Page 58 (CHAPTER 15)κ
|
May be introduced in evidence.
Penalty.
Proviso. |
wherein such certificate is filed, may be introduced in evidence to prove the fact of the existence of such corporation, without further proof. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section Two. Any person or persons who shall act as the Managing Agent or Superintendent of any such corporation, in conducting or carrying on any business of such corporation, in any of the counties of this State, without any such certificate having been filed as required by section one of this Act, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than fifty nor more than five hundred dollars, to which may be added imprisonment in the county jail for any period not exceeding six months; provided, that in all actions against such corporations, associations, or companies which have neglected to file the proper certificate or Act of their incorporation, as heretofore provided, it shall be sufficient to establish the legal existence of such corporation by the proof of their acting as such. |
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Appropriation.
Controller required to draw warrant, Treasurer to pay same. |
Chap. XVI.An Act for the relief of Jacob Kline.
[Approved January 30, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand and fifty-one dollars and forty cents ($1,051 40/100) is hereby appropriated out of any moneys in the General Fund not otherwise appropriated by law, or which may hereafter come into said General Fund, in favor of Jacob Kline, for supplies furnished to the State Prison. Sec. 2. The Controller is hereby directed to draw his warrant in favor of the said Jacob Kline for the above specified sum, and the Treasurer of State is hereby directed to pay the same. |
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Controller authorized to draw warrant. |
Chap. XVII.An Act for the relief of Harry A. Harville, late Assessor of Elko County, Nevada.
[Approved February 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby authorized and directed to draw his warrant on the General Fund of the State, in favor of Harry A. Harville, in the sum of forty-five dollars, for tax receipts returned to State Controller for the year A. D. eighteen hundred and seventy-four. |
κ1877 Statutes of Nevada, Page 59 (CHAPTER 17)κ
|
for tax receipts returned to State Controller for the year A. D. eighteen hundred and seventy-four. Sec. 2. The State Treasurer is hereby directed and required to pay said warrant on the State Treasury upon the presentation thereof, out of any money in the said General Fund not otherwise specifically appropriated. Sec. 3. This Act shall take effect and be in force from and after its passage. |
Treasurer to pay.
Act to take effect |
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Chap. XVIII.An Act to authorize the Board of County Commissioners of Nye County to draw money from the County Treasury for certain purposes.
[Approved February 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of the County of Nye are hereby authorized and empowered to allow from the Contingent Fund of the county a sum not exceeding one thousand dollars, for the purpose of building a jail at Tybo, in said county. Sec. 2. The County Auditor is hereby directed to draw his warrant on the County Treasurer for such sum as may be allowed by the County Commissioners, upon receiving and filing a certified copy of the order of said Board making said allowance. Sec. 3. This Act shall take effect from and after its passage. |
Appropriation made.
Auditor to draw warrant.
Act to take effect |
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Chap. XIX.An Act to abolish the office of State Mineralogist, and provide for the care and preservation of the State Museum.
[Approved February 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of State Mineralogist of the State of Nevada is hereby abolished. Sec. 2. On and after the first day of January, A. D. one thousand eight hundred and seventy-nine, the Superintendent of Public Instruction shall be ex officio Curator of the State Museum of mineralogical, geological, and other specimens. Sec. 3. The Curator, when visiting the several school districts in this State, in his capacity as Superintendent of Public Instruction, as is required by law, shall make inquiry so far as is practicable into the resources of the mines situated in the respective districts, |
The office abolished.
Superintendent of Public Instruction shall be Curator of the Museum.
Duties of the Curator. |
κ1877 Statutes of Nevada, Page 60 (CHAPTER 19)κ
|
Report.
Salary of Curator.
May employ others.
Compensation.
Board of Examiners to allow bills
Act repealed.
Act repealed.
Act to take effect |
respective districts, and inspect the same; collect specimens of ores, ascertain their value, catalogue, and place them in the State Museum, and prepare for publication in the appendix of his biennial report as Superintendent of Public Instruction, a report as Curator of the State Museum in detail of his acts performed and information obtained under the provisions of this Act. Sec. 4. For the services rendered and expenses incurred by the State Superintendent of Public Instruction as Curator of the State Museum as aforesaid, he shall be allowed a sum of not exceeding five hundred (500) dollars per annum, and he shall have further power to engage the services of one or more employes at such times as he may deem necessary, to clean, rearrange, and catalogue all specimens that are now or that may hereafter be placed in said State Museum, who shall be paid a compensation, subject to the approval of the Board of State Examiners, and on the certificate of the said Curator, of a sum not exceeding five hundred dollars per annum. Sec. 5. All claims for services rendered, as is provided in section four of this Act, shall be allowed by the Board of State Examiners, and paid by the State Treasurer out of any moneys not otherwise appropriated, on the warrant of the State Controller. Sec. 6. An Act entitled An Act to provide for establishing and maintaining a Mining School, and to create the office of State Mineralogist, approved March ninth, one thousand eight hundred and sixty-six, is hereby repealed. Sec. 7. An Act entitled An Act to create the office of State Mineralogist and define the duties of such officer, approved March first, one thousand eight hundred and sixty-nine, is hereby repealed. Sec. 8. This Act shall not take effect and be in force until on and after the first Monday in January, A. D. one thousand eight hundred and seventy-nine. |
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Controller directed to draw warrant. |
Chap. XX.An Act for the relief of the First Nevada Artillery Company.
[Approved February 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of the State of Nevada is hereby authorized and directed to draw his warrant upon the State Treasurer, in favor of the First Nevada Artillery Company, for the sum of three hundred and fifty-three dollars, payable out of any moneys in the General Fund of said State not otherwise specially appropriated, and the Treasurer of said State shall pay said warrant out of said funds upon presentation of the same, which said amount shall be paid to said company and received by it in full payment and discharge of any and all claims or demands had, |
κ1877 Statutes of Nevada, Page 61 (CHAPTER 20)κ
|
received by it in full payment and discharge of any and all claims or demands had, held, or asserted by said company against the State of Nevada, for moneys expended in repairing and putting in effective order the guns, accouterments, and equipments of said company. |
Treasurer to pay same. |
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Chap. XXI.An Act to authorize the payment of certain claims against Storey County.
[Approved February 3, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of the County of Storey are hereby authorized and directed to pay, out of the General Fund of the Treasury of said county, the following named sums of money, in gold coin, to the following named persons: James Donavan, fifteen dollars; John A. Robertson, seventy-five dollars; James H. Pomeroy, forty dollars; John Kelly, five dollars; Miles Finlan, five dollars; Wm. N. Smith, five dollars; John M. Thaxton, thirty dollars; Duncan McNaught, ten dollars; Neil Loynachan, seventy dollars; Wm. E. Box, forty-five dollars; Michael J. Burke, five dollars; James Flannagan, five dollars; James Murphy, ten dollars; Patrick McManard, Five dollars; Michael Collins, thirty dollars; Charles Swain, five dollars; John Banfield, seventy-five dollars; William Harper, ten dollars; Peter P. Hearn, five dollars; Edward Walsh, thirty dollars; S. Sternberg, seventy-five dollars; Patrick Kelly, ten dollars; Patrick E. Hannan, fifty dollars; C. D. Fitch, ten dollars; C. A. Lyford, ten dollars; J. Reed, ten dollars; Henry Argall, ten dollars; Augustin Joseph, five dollars; Jerry Anglon, forty dollars; Timothy Brassell, five dollars; Thomas Byrne, five dollars; James Breen, five dollars; William Bennetts, five dollars; John C. Brain, five dollars; Benjamin Bartlett, ten dollars; L. H. Briggs, ten dollars; B. Boone, five dollars; J. Boelin, ten dollars; Thomas M. Carson, twenty dollars; Thomas Clark, seventy-five dollars; William H. Curnow, ten dollars; Mathew Connelly, five dollars; Martin Callahan, fifteen dollars; J. Collins, thirty-five dollars; Joseph E. Casey, five dollars; James Chatam, ten dollars; William Chapman, five dollars; R. Currigan, ten dollars; J. Currigan, ten dollars; A. G. Cohen, ten dollars; Marion N. Davidson, twenty dollars; Robert Dwyer, five dollars; John T. Donahue, fifty dollars; Charles Dougherty, fifteen dollars; George Elston, seventy-five dollars; Joseph Elery, ten dollars; John Flood, five dollars; Michael A. Feeney, five dollars; John Ferris, five dollars; Lawrence Fitzgerald, five dollars; Patrick Fogarty, forty dollars; James Gates, ten dollars; Charles Gladding, fifty dollars; Hugh Galligher, forty dollars; John Gullican, five dollars; William Griffin, fifteen dollars; E. Greenhalf, ten dollars; W. H. Gitlow, five dollars; |
County Commissioners directed to pay certain persons certain sums. |
κ1877 Statutes of Nevada, Page 62 (CHAPTER 21)κ
|
Same. |
A. Hamilton, fifteen dollars; L. Herty, ten dollars; Shannon Heffinfinger, fifteen dollars; F. Holland, five dollars; Nelson Hutchinson, sixty dollars; J. S. Hardwick, five dollars; John Hunt, ten dollars; Richard Hennesey, five dollars; Stephen Hughes, thirty dollars; Jerry Hurley, five dollars; Joseph Hawks, five dollars; J. Hurley, thirty-five dollars; L. Hurley, thirty dollars; Lawrence Healy, twenty dollars; Thomas Joyce, five dollars; Sylvester Knight, ten dollars; John Kelly, ten dollars; Edward Kennedy, five dollars; Edward Kerrigan, five dollars; William Kearney, twenty dollars; Alexander Kelly, five dollars; Thomas Keating, thirty-five dollars; Timothy Keating, five dollars; Roger Kerrigan, five dollars; James Loynachan, five dollars; John Landy, five dollars; William A. Lloyd, five dollars; Dennis Lucy, five dollars; John Lannigan, five dollars; Michael Laven, ten dollars; Frank A. Mayer, twenty-five dollars; Charles McCarty, twenty-five dollars; Thomas A. Menery, thirty-five dollars; John Menhennett, twenty dollars; John Merrick, fifty-five dollars; Thomas Mitchel, ten dollars; Dennis J. Mahoney, fifteen dollars; James Murphy, ten dollars; J. L. Moore, five dollars; James Moore, five dollars; Timothy McCarthy, thirty dollars; Lawrence Manning, five dollars; Francis Monahan, five dollars; John McAlester, five dollars; John McGannigan, five dollars; Robert Merrill, twenty-five dollars; John McCarthy, ten dollars; John McGaigan, fifteen dollars; Thomas Manley, fifteen dollars; Thomas McGrath, thirty five dollars; Henry Niles, seventy-five dollars; Joel Nissvender, seventy dollars; William Noonan, five dollars; Daniel ONeil, five dollars; Patrick OConner, ten dollars; Thomas OBrien, five dollars; Henry Paty, seventy-five dollars; Henry A. Piper, ten dollars; Charles Priest, twenty-five dollars; David Powers, thirty dollars; Michael Price, five dollars; Nicholas Pierce, sixty-five dollars; William Pillow, fifteen dollars; William Perry, five dollars; William Prince, twenty dollars; T. J. Quinn, five dollars; William Quinn, twenty-five dollars; John Robinson, forty-five dollars; Daniel Regan, five dollars; Patrick Rodgers, five dollars; Daniel Ready, five dollars; Peter Spadier, ten dollars; Cornelius Shea, fifteen dollars; Patrick Sullivan, forty dollars; J. Sullivan, fifteen dollars; Thomas Smith, five dollars; Eugene Sweeney, ten dollars; Mathew Skewers, five dollars; Thomas Symonds, ten dollars; John Stack, twenty dollars; G. Salter, twenty dollars; M. N. Stearns, five dollars; Miles Tiffen, five dollars; Charles Thompson, ten dollars; A. Torini, fifteen dollars; Thomas Thornton, ten dollars; Richard Tobin, five dollars; Thomas Trainer, fifteen dollars; Richard Terver, ten dollars; William Thompson, twenty dollars; John Thornton, five dollars; John H. Thomas, forty-five dollars; William Wallace, twenty-five dollars; John Williams, ten dollars; James Willite, five dollars; M. Wilson, five dollars; James Keyes, seventy-five dollars; Arthur Hill, seventy-five dollars; which said amounts of money shall be paid to said persons, and received by them respectively, in full payment and discharge of any and all claims or demands had, held, or asserted by them, or any of them, against the State of Nevada, the County of Storey, or the City of Virginia, for services rendered by them in the preservation of the peace, |
κ1877 Statutes of Nevada, Page 63 (CHAPTER 21)κ
|
them in the preservation of the peace, and the maintenance of the law, order, and quiet of the City of Virginia, and the protection of the lives and property of the citizens thereof, subsequent to and immediately following the conflagration in said city, on the twenty-sixth day of October, A. D. eighteen hundred and seventy-five. Sec. 2. This Act shall take effect from and after its passage. |
Reason of payment.
Act to take effect |
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Chap. XXII.An Act to amend an Act entitled An Act to provide for the payment of the outstanding indebtedness of Churchill County, approved March fourth, eighteen hundred and seventy-one.
[Approved February 3, 1877.]
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. On the first day of such regular meeting, or at any special meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county indebtedness specified in the preceding section; provided, that no bid for more than par value be accepted by them, nor any bid unless accompanied by the certificate or certificates issued for the indebtedness proposed to be surrendered; and, provided further, that when sealed proposals are opened as above prescribed, if there be not a sufficient amount of obligations of said county offered at not exceeding of the amount of the principal and interest then due thereon, to exhaust the money then in said Redemption Fund of said county, the Treasurer of said county shall immediately give notice for ten days, as required for sealed proposals, of the amount of money remaining in said fund, and that the same will be applied to the payment of the then oldest outstanding obligations of said county (specifying them), payable out of said fund at par, of principal and interest then due thereon; and shall state in such notice that the obligations specified in the notice will-if not presented and paid-cease to bear interest from and after the expiration of said notice; and the money so specified for their payment shall be reserved in the said fund for that purpose until called for under such notice; provided, it be called within one year, and if not so called for within one year after such notice, such money shall then be applied to the payment of other obligations of said county, payable out of said Redemption Fund, if there be any such, and if none, then said money shall be placed in the General Fund of said county. Sec. 2. Section eight of said Act is hereby amended so as to read as follows: |
County Commissioners shall open proposals.
Par value.
Proviso.
Treasurer to give notice.
Money reserved. If not called for in one year. |
κ1877 Statutes of Nevada, Page 64 (CHAPTER 22)κ
|
County Commissioners may transfer. |
Section Eight. At the first meeting in January of each year, or at any regular or special meeting of the Board of County Commissioners of said county, they may transfer any surplus money there may be in the General Fund, Indigent Sick Fund, and Contingent Fund of said county to the fund created by the Act of which this [is] amendatory. |
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Appropriation.
Controller to draw warrant, etc.
|
Chap. XXIII.An Act to provide for the payment of services of the Clerk in State Library for the years eighteen hundred and seventy-five and eighteen hundred and seventy-six.
[Approved February 3, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-six hundred ($3,600) dollars is hereby appropriated out of any moneys in the State Treasury of this State not otherwise appropriated by law, or which may come into said State Treasury, for the payment of services of Clerk in Library for the years eighteen hundred and seventy-five and eighteen hundred and seventy six. Sec. 2. The Controller of State is hereby directed to draw his warrant in favor of said Library Clerk for said amount, and the State Treasurer is hereby directed to pay the same. |
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Territory detached from Elko County and attached to Eureka County. |
Chap. XXIV.An Act to detach a portion of the territory of Elko County from said county, and to attach the same to Eureka County.
[Approved February 7, 1877.]
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 Elko County, Nevada, is hereby detached from said Elko County, and is hereby attached to and made a part of Eureka County, Nevada, to wit: All that territory embraced within the following boundaries: Commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the one hundred and sixteenth (116) meridian crosses the east and west line between Eureka and Elko Counties; thence westerly along said east and west line to the southwest corner of Elko County; thence northerly along the present dividing line between Eureka and Elko Counties, to the place of beginning; the same embracing and transferring from Elko County to Eureka County all that portion of territory commonly known as the Mineral Hill Strip, |
κ1877 Statutes of Nevada, Page 65 (CHAPTER 24)κ
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County all that portion of territory commonly known as the Mineral Hill Strip, and the line surveyed by the County Surveyor of Eureka County during the year A. D. eighteen hundred and seventy-five, commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the one hundred and sixteenth (116) meridian crosses the east and west line between Eureka and Elko Counties, is hereby fixed and established as the boundary line between said counties. In consideration of this cession of territory by Elko County to Eureka County, the latter shall, within one year from the date of the passage and approval of this Act, pay to the former the sum of twelve hundred dollars, gold coin of the United States. Sec. 2. All suits now pending in the District Court in and for Elko County, which in any way appertain to property, real, personal, or mixed, situate within the territory hereby detached from said Elko County and attached to Eureka County, and all actions for the recovery of any debt between citizens now living within the boundaries of the said territory detached from Elko County shall within forty days from the date of the approval of this Act, be by the County Clerk of said Elko County duly and legally transferred and certified to the Clerk of Eureka County, together with all papers and documents pertaining to the same, which shall be by said Clerk of Eureka County filed in his office and entered in the calendar of the District Court in and for Eureka 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 said territory hereby detached from Elko County, pending in the District Court in and for Elko County, shall file with the County Clerk of Elko County, prior to the expiration of the forty days above mentioned, a statement consenting or requesting that the suit to which they are parties may be determined in said District Court in Elko 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 Elko County to the District Court in and for Eureka 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 Elko County is hereby authorized and empowered, and it shall be his duty, to transcribe into suitable books all 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 Elko 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 days after the approval of the same-and when completed, shall deliver the same to the County Recorder of Eureka 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. |
Payment to be made to Elko County.
Duty of County Clerk of Elko County to transfer and certify suits, papers, etc., to Eureka County.
Proviso.
Duty of County Recorder of Elko County to transcribe records. |
κ1877 Statutes of Nevada, Page 66 (CHAPTER 24)κ
|
Compensation. |
records. The Recorder of Elko 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 Eureka County, on the completion and delivery of said transcripts and index, and be paid as other claims against said county. |
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Prison Commissioners to have full control of grounds, labor, etc.
Duty of Secretary.
Legislature to elect a Warden. |
Chap. XXV.An Act to amend sections one, three, four, five, and twenty-two of an Act entitled 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 February 8, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of an Act of the Legislature entitled An Act to provide for the government of the State Prison of the State of Nevada, approved March seventh, eighteen hundred and seventy-three, is hereby amended to read as follows: Section One. The Board of State Prison Commissioners, as named in section twenty-one of Article V of the Constitution, shall have such supervision of all matters connected with the State Prison as is provided for, as follows: They shall have full control of all the State Prison grounds, buildings, prison labor, prison property; shall purchase, or cause to be purchased, all needed commissary supplies, all raw material and tools necessary for any manufacturing purposes carried on at said prison; shall sell all manufactured articles and stone, and collect the money for the same; shall rent, or hire out, any or all of the labor of the convicts, and collect the money therefor. Sec. 2. Section three of said Act is hereby amended to read as follows: Section Three. It shall be the duty of the Secretary to keep, or cause to be kept, a full and complete account, in a book or books to be kept for that purpose, of all the transactions and proceedings of the Board. Sec. 3. Section four of said Act is hereby amended to read as follows: Section Four. On the second Monday in February, eighteen hundred and seventy-seven, and on the first Monday of February of each regular session of the Legislature thereafter, the Senate and Assembly shall convene in the Assembly Chamber, and by joint vote shall elect a Warden of the State Prison for the term of two years, and until his successor is duly elected. The Warden so elected shall be the chief executive officer of the prison, at a salary of three thousand dollars per annum, and shall reside at the prison. The Deputy Warden, in the absence of the Warden, shall perform all the duties of the Warden, shall reside at the prison, and shall receive a salary of eighteen hundred dollars per annum. |
κ1877 Statutes of Nevada, Page 67 (CHAPTER 25)κ
|
absence of the Warden, shall perform all the duties of the Warden, shall reside at the prison, and shall receive a salary of eighteen hundred dollars per annum. Sec. 4. Section five of said Act is hereby amended to read as follows: Section Five. The Warden shall appoint a Deputy Warden, and have power to remove the same, also all necessary help; shall have the general superintendence of prison discipline and prison labor; shall keep, or cause to be kept, a book wherein shall be recorded the name, age, sex, occupation, place of birth, where sent from, the crime charged, date of incarceration and expiration of the term for which the prisoners therein confined were sentenced, and shall make out a correct monthly report of the same, and file such report with the Secretary of the Board; and shall securely and carefully file in his office all commitments of prisoners that may be sent to the State Prison, and keep, or cause to be kept, a correct account, and certify any mileage that may be due to any Sheriff or Deputy Sheriff for conveying prisoners to the State Prison. Sec. 5. Section twenty-two of said Act is hereby amended to read as follows: Section Twenty-two. The Warden, before entering upon the discharge of his duties, shall execute a bond in such sum as the Board of Commissioners shall designate, not exceeding twenty thousand dollars, for the faithful discharge of his duties, which bond shall be given to the State of Nevada, approved by the Chief Justice of the Supreme Court, and filed with the Secretary of State. Sec. 6. In the event of the death or resignation of the Warden so elected, the Vacancy shall be filled by the Board of State Prison Commissioners. Sec. 7. This Act shall take effect on and after its final passage and approval by the Governor, and all Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
Duties of the Warden.
Warden to execute a bond.
Vacancy, how filled.
Act to take effect, etc. |
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Chap. XXVI.An Act to authorize the Mayor and Board of Aldermen of the City of Virginia to pay the claim of William Cook.
[Approved February 8, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Mayor and Board of Aldermen of the City of Virginia shall, upon the passage of this Act, proceed to examine into and ascertain the validity of the claim of William Cook, or his assigns, against said city, based upon a warrant issued upon the twenty-sixth day of February, A. D. eighteen hundred and sixty-three, in favor of George F. Jones & Co., or bearer, for the sum of four thousand dollars, in gold coin of the United States, payable in one year from date, with interest at the rate of four per cent. |
Mayor and Board of Aldermen to ascertain validity of claim. |
κ1877 Statutes of Nevada, Page 68 (CHAPTER 26)κ
|
Bonds to be issued and delivered.
Bonds not to exceed, etc. |
the rate of four per cent. per month until paid, which said warrant is numbered eight hundred and seventy-seven; and said Mayor and Board shall further ascertain the amount which was due and owing upon said warrant upon the first day of July, A. D. eighteen hundred and seventy-one. Sec. 2. After having made such examination, and being satisfied of the validity of said claim, and having ascertained the amount due thereon, as hereinbefore provided, the Mayor and Board of Aldermen of the City of Virginia shall prepare, issue, and deliver to William Cook, or his assigns, the bonds of the City of Virginia in payment of any sum which they may find was due and owing by the said city, upon the warrant aforesaid, upon the first day of July, A. D. eighteen hundred and seventy-one; but the whole amount of said bonds shall not exceed the sum of eighteen thousand five hundred and sixty dollars; which bonds shall be received and accepted in full payment and satisfaction of said claim, and shall only be delivered upon the surrender of said warrant for cancellation. Sec. 3. Said bonds shall be for the sum of not more than five hundred dollars each, 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. The bonds shall be payable to William Cook, or bearer, at the office of the City Treasurer of said city, in ten years from their date. The bonds shall be prepared in proper form, under the direction of said Mayor and Board, and shall be signed by the Mayor and countersigned by the Clerk of said Board, who shall attach thereto the seal of said city. The coupons for semi-annual interest shall be signed by the Mayor. Sec. 4. The Mayor and Board of Aldermen of the said City of Virginia are hereby authorized and directed, from and after the issuance of the bonds hereinbefore provided for, to create in the City Treasury of said city a fund, to be known as the Redemption Fund for the bonds of eighteen hundred and seventy-seven; and thereafter and until the full payment of the principal and interest of said bonds, the said Mayor and Board of Aldermen shall cause to be appropriated out of any funds coming to said Treasury, of said fund annually, a sufficient sum to pay the semi-annual interest, and to redeem one tenth of said bonds. Sec. 5. Whenever at any time there shall be in said Redemption Fund the sum of one thousand dollars, or over, it shall be the duty of the City Treasurer to give ten days notice by publication in some newspaper published in said city, that sealed proposals directed to him will be received for the surrender of said bonds; and that sealed proposals will be received by him until the next regular meeting of the Board of Aldermen thereafter. Sec. 6. At the time for the first regular meeting of the Board of Aldermen thereafter, such Board, with the City Clerk and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals and accept the lowest bids for the said bonds specified in the preceding section. |
κ1877 Statutes of Nevada, Page 69 (CHAPTER 26)κ
|
No bid for more than par value shall be so accepted, nor unless accompanied with the bond or bonds proposed to be surrendered. Sec. 7. When any bids are accepted, the City Clerk and City Treasurer shall each take a description of the bond or bonds to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respective offices; and thereupon the Board of Aldermen shall, by order, direct the City Treasurer to purchase the bond or bonds designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid; and all bonds so redeemed shall be canceled by the City Treasurer, by writing across the face thereof, in red ink, the words Purchased and redeemed, adding thereto the time when the same was so redeemed, and the amount paid therefor, and signing the same officially. The order of the Board of Aldermen aforesaid, together with the record made by the City Clerk, as herein required, shall be sufficient vouchers for the City Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of bonds in par value for the smallest amount of money. The bids and amounts of bonds being equal-taking into consideration both principal and interest-each shall be accepted pro rata, as near as possible. The City Treasurer shall return all unaccepted bids, together with the bond or bonds therein contained, to the owners, on demand. The City Treasurer shall keep a separate account, under the heading of Redemption Fund, of all moneys received into said fund, and of all moneys paid out of said fund, and to whom paid. He shall also, on the register of said bonds kept by him, write opposite each bond redeemed by him under the provisions of this Act, the word Purchased, together with the amount paid therefor. |
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Chap. XXVII.An Act to regulate the sale or disposal of opium, and to prohibit the keeping of places of resort for smoking, or otherwise using that drug.
[Approved February 9, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the last day of March, A. D. eighteen hundred and seventy-seven, it shall be unlawful for any person or persons, as principals or agents, to sell, give away, or otherwise dispose of any opium in this State, except druggists and apothecaries; and druggists and apothecaries shall sell it only on the prescription of legally practicing physicians. |
nlawful to sell, etc. opium. |
κ1877 Statutes of Nevada, Page 70 (CHAPTER 27)κ
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Misdemeanor, punishment for.
Fees of District Attorney and informer.
Misdemeanor to keep house, etc. for use of opium.
Term person and agent, etc. what to include. |
Sec. 2. Any person or persons who shall be found guilty of violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a time not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court. Sec. 3. In all cases when fines and costs shall be paid by the defendant under the provisions of this Act, the fee of the District Attorney shall be twenty-five dollars, and the fee of the informer shall be fifteen dollars; but neither of said fees shall in any case under the provisions of this Act be a charge against or be paid by the county in which the offense was committed, or in which the defendant was convicted of the crime. Sec. 4. Any person or persons who shall keep a house, room, or apartment that is used as a place of resort by persons for the purpose of indulging in the use of opium, either by smoking or otherwise, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section two of this Act. Sec. 5. The term person or persons, as used in this Act, shall include copartnerships and associations, and the term agents, as used in this Act, in addition to its usual meaning, shall include all persons who act for another, or other person or persons, or for corporations, either domestic or foreign. |
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School moneys not to be used for sectarian purposes. |
Chap. XXVIII.An Act to amend an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March twentieth, eighteen hundred and sixty-five, as amended March eighth, eighteen hundred and sixty-seven. [Approved February 12, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-three of said Act, as amended March eighth, eighteen hundred and sixty-seven, is hereby amended so as to read as follows: Section Forty-three. No portion of the public school funds, nor of money raised by State tax, or specially appropriated for the support of public schools, shall be devoted to any other object or purpose; nor shall any portion of the public school funds, nor of money raised by State tax for the support of public schools, be in any way segregated, divided, or set apart for the use or benefit of any sectarian or secular society or association. |
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κ1877 Statutes of Nevada, Page 71κ
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Chap. XXIX.An Act to authorize the County Commissioners of Washoe County to issue bonds for the construction of a county bridge across the Truckee River at Reno, in said county, and to provide for the payment of the same.
[Approved February 12, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe County are hereby authorized and empowered to issue bonds in the name of the county, to the extent of sixteen thousand dollars, and to pledge the good faith and credit of said county for the payment of both principal and interest thereof, for the purpose of constructing a bridge across the Truckee River, in the Town of Reno, at the intersection of Virginia street with said river. Said bridge shall be constructed of wood or iron, or both, as said County Commissioners may determine, and shall be of sufficient width for two wagons to pass each other on the carriage way, with sidewalks on each side, separated from the carriage way by a substantial railing. Sec. 2. The Commissioners shall cause said 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 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 a fund to be known as the Reno Bridge Fund, for the purposes mentioned in section one of this Act. Sec. 5. The bonds shall be of the denomination of five hundred dollars each; they shall be numbered from one to thirty-two; the interest shall not exceed ten per cent per annum, payable annually, and in no case shall any of such bonds issued by virtue of this Act run a longer term than sixteen years from the date of issue; nor shall a greater amount than one thousand dollars of the principal of said bonds be made payable in one year. Sec. 6. For the purpose of creating a fund for the payment of the bonds hereby authorized, and the interest thereon, the Board of County Commissioners of Washoe County is hereby authorized and empowered to levy and collect, annually, a tax of one tenth of one per cent upon the assessed value of all the property, real and personal, within the boundaries of said Washoe County, until such bonds and the interest thereon shall have been fully paid. Such tax shall be assessed and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in the Reno Bridge Fund. |
Bonds to be issued.
Place. Method of construction.
Bonds, how prepared.
Gold coin, etc.
How sold, etc.
Denomination, interest, etc.
Tax authorized. |
κ1877 Statutes of Nevada, Page 72 (CHAPTER 29)κ
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Redemption.
Act to take effect |
collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in the Reno Bridge Fund. Sec. 7. The Board of County Commissioners shall, when necessary, 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. Sec. 8. This Act to take effect and be in force from and after its approval. |
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Hides to be kept.
Penalty. |
Chap. XXX.An Act requiring persons slaughtering horned cattle to keep the hides and ears ten days, and punishing a failure so to do.
[Approved February 12, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person slaughtering any horned cattle shall keep, for the period of ten days, in some place where the same may be seen, the hide intact, with the ears on, and shall, on demand of any person or persons, be required to produce said hide, with the said ears on, for the said period of ten days. Sec. 2. Any person violating the provisions of this Act shall be guilty of misdemeanor, and on conviction shall be fined not exceeding five hundred dollars, or imprisoned in the county jail for a period not more than six months. |
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County Commissioners authorized to set apart a certain sum. |
Chap. XXXI.An Act authorizing the Board of County Commissioners of Lyon County, Nevada, to build a jail at Silver City, in said county, and to appropriate money for the same.
[Approved February 12, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Lyon County, Nevada, are hereby authorized to appropriate out of any money in the Treasury of said county not otherwise specially appropriated, a sum not exceeding fifteen hundred dollars, for the purpose of building a jail at Silver City, in said county. |
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κ1877 Statutes of Nevada, Page 73κ
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Chap. XXXII.An Act to prohibit certain advertisements tending to promote licentiousness and crime.
[Approved February 13, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall not be lawful for any person to advertise or publish, or cause to be advertised or published in a newspaper, pamphlet, handbill, book, or otherwise, within the State of Nevada, any medicine, nostrum, drug, substance, or device for the prevention of human propagation, or which purports to be, or is represented to be, a preventive of conception or pregnancy in women. Sec. 2. It shall not be lawful for any person to advertise or publish, or cause to be advertised or published in the manner mentioned in section one, or otherwise, any medicine, nostrum, drug, substance, instrument, or device, to produce the miscarriage or premature delivery of a woman pregnant with child, or which purports to be, or is represented to be, productive of such miscarriage or premature delivery, nor to advertise in any manner his or her services, aid, assistance, or advice, or the services, assistance, or advice of any other person, in the procurement of such miscarriage or premature delivery. Sec. 3. Every person who shall violate the provisions of section one or section two of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine of not less than one thousand dollars nor more than three thousand dollars, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the Court. Sec. 4. The proprietor or proprietors and the manager or managers of any newspaper, periodical, or other printed sheet published or printed within the State of Nevada, which shall contain any advertisement prohibited by sections one and two of this Act, shall, for each publication of such advertisement, be deemed guilty of a misdemeanor, and on conviction thereof be punished in the same manner as is provided in section three of this Act. Sec. 5. Every person who shall knowingly sell, distribute, give away, or in any manner dispose of or exhibit to another person any newspaper, pamphlet, book, periodical, handbill, printed slip, or writing, or cause the same to be so sold, distributed, disposed of, or exhibited, containing any advertisement prohibited in sections one or two of this Act, or containing any description or notice of, or reference to, or information concerning, or direction how or where to procure any medicine, drug, nostrum, substance, device, instrument, or service, the advertisement of which is herein prohibited or declared to the be unlawful, shall, on conviction thereof, be liable to the same punishment as prescribed in section three of this Act; provided, that nothing in this Act shall be construed to interfere with or apply to legally licensed physicians in the legitimate practice of their profession. |
Certain advertisements to be unlawful.
Penalty for the advertiser
Penalty for the Publisher.
The circulation of such papers forbidden
Penalty. |
κ1877 Statutes of Nevada, Page 74 (CHAPTER 32)κ
|
Proviso.
Act to take effect |
that nothing in this Act shall be construed to interfere with or apply to legally licensed physicians in the legitimate practice of their profession. Sec. 6. This Act to take effect and be in force from and after the first day of May, eighteen hundred and seventy-seven. |
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County to own toll roads on expiration of charters.
Proviso.
Acts repealed. |
Chap. XXXIII.An Act to amend section two of an Act entitled 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 toll roads and bridges in the State of Nevada, approved March tenth, eighteen hundred and seventy-five.
[Approved February 13, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Two. Section seven of said Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Seven. Upon the expiration or forfeiture of any toll road franchise granted under the provisions of this Act, and in case of the expiration or forfeiture of any toll road franchise granted under the provisions of any other Act, whether the same shall have already happened or may hereafter happen, 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 may hereafter happen, the County Commissioners of the proper county may declare so much thereof as is within their county a free highway; provided, that in all cases falling within this section, the County Commissioners of the proper county may give a lease at a nominal rental of any such road whereon tolls are now collected, either under the provisions of any Act of the Legislature of this State, or by and with the consent of the County Commissioners aforesaid, to the proprietors, their successors or assignees of such road, for a term of not to exceed five years, giving to such lessee the right to collect tolls on such road, subject, however, to all the provisions of this Act; and upon the expiration or forfeiture of any such lease, and whenever and as often as the same shall happen, the County Commissioners of the proper county, if they deem it expedient, may give a new lease of such road upon the like terms and conditions, for a further period of not to exceed five years, to the original or any other lessee, unless said road passes through two or more counties, in which case the original lessee, or his assigns, shall have preference. Sec. 2. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
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κ1877 Statutes of Nevada, Page 75κ
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Chap. XXXIV.An Act to amend an Act concerning crimes and punishments, approved November twenty-sixth, A. D. eighteen hundred and sixty-one.
[Approved February 13, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty-nine of said Act is amended so as to read as follows: Section Thirty-nine. If any person or persons, with or without deadly weapons, upon previous concert and agreement fight one with the other, or give or send, or authorize any other person to give or send a challenge verbally or in writing, to fight any other person, the person or persons giving, sending, or accepting a challenge to fight any other person, with or without weapons, upon conviction thereof shall be punished by imprisonment in the State Prison not less than two years or more than five years; and every person who shall act for another in giving, sending, or accepting either verbally or in writing, a challenge to fight any other person, upon conviction thereof they, or either, or any of them, shall be punished by imprisonment in the State Prison not less than two years or more than five years. Should death ensue to any person in such fight, or should any person die from any injuries received in such fight within one year and one day, the person or persons causing, or having any agency in causing such death, either by fighting, or by giving or sending for himself, or for any other person, or in receiving for himself, or for any other person, such challenge to fight, shall be deemed guilty of manslaughter, and punished accordingly. Sec. 2. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. Sec. 3. This Act to go in effect from and after its passage. |
Penalty for dueling.
Penalty for acting as second.
Death from dueling to be deemed manslaughter.
Acts repealed. Act to take effect. |
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Chap. XXXV.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved February 15, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty-seven of the 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 Fifty-seven. Every person who shall willfully and maliciously burn or cause to be burned any dwelling house or building owned by himself, |
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κ1877 Statutes of Nevada, Page 76 (CHAPTER 35)κ
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Arson, second degree, to burn dwelling house, etc.
Punishment.
When guilty of murder.
Maliciously killing or poisoning cattle, etc.
Punishment. |
maliciously burn or cause to be burned any dwelling house or building owned by himself, or the property of another, in the daytime, or in the night or daytime willfully burn, or cause to be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse, or other building, or stacks or stocks of grain, or stacks or stocks of hay or straw, or cordwood, or lumber, or charcoal of the value of fifty dollars or more, or standing crops, the property of any other person or corporation, or any church, meeting house, school house, State House, Court House, or other public building, or any ship, vessel, boat, or other water craft, or any bridge of the value of fifty dollars or more, erected across any of the waters of this State, such person so offending shall be deemed guilty of arson in the second degree, and upon conviction thereof shall be punished by imprisonment in the State Prison for a term not less than one year nor more than ten years; and should the life or lives of any person or persons be lost in consequence of such burning, as mentioned in this and the preceding section, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly. Sec. 2. Section one hundred and forty-two of said Act is hereby amended so as to read as follows: Section One Hundred and Forty-two. Every person who shall willfully or maliciously wound or kill, with firearms, knives, or other deadly weapon, any cattle or domestic animal belonging to another person, or administer any poison to, or expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle or domestic animal belonging to another person, shall on conviction be punished by imprisonment in the State Prison not less than one year nor exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. |
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Willful killing of animals running at large. Punishment. Felony to sell, etc., hide when brand cut out. |
Chap. XXXVI.An Act to punish the willful and fraudulent killing of stock running at large, and the selling or buying any hide, or carcass, or animal, the brand on which has been cut out or obliterated.
[Approved February 15, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who with intent to defraud, shall willfully kill any animal running at large not his own, shall be guilty of felony, and on conviction shall be fined not more than one thousand dollars, or imprisoned in the State Prison not more than five years nor less than one year. Sec. 2. Any person who shall sell or purchase with intent to defraud, the hide or carcass of any animal the brand or mark on which has been cut out or obliterated, shall be guilty of felony, and on conviction shall be fined not more than one thousand dollars, or imprisoned in the State Prison nor more than five nor less than one year. |
κ1877 Statutes of Nevada, Page 77 (CHAPTER 36)κ
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felony, and on conviction shall be fined not more than one thousand dollars, or imprisoned in the State Prison nor more than five nor less than one year. |
Punishment. |
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Chap. XXXVII.An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals.
[Approved February 16, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all cases when an appeal has been taken from a judgment or order denying an injunction, or dissolving an injunction, the appellant may, at any time after perfecting his appeal, upon filing an affidavit showing good cause therefor, apply to the Supreme Court, or to the Justices thereof, for an order restraining the respondent pending the appeal; and said Court, or a majority of the Justices thereof, may grant such order whenever it shall appear to be necessary in order to prevent irreparable damage to the appellant pending the appeal; provided, such order shall not be granted except upon a sufficient undertaking of at least two sureties, to be approved by the said Court, or two Justices thereof, that the appellant will pay to the respondent all damages, not exceeding the amount specified in the undertaking, which he may sustain by reason of such restraining order, if the order appealed from shall be affirmed in the appellate Court. |
Supreme Court authorized to issue restraining orders on appeal.
Proviso. |
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Chap. XXXVIII.An Act to extend the term granting to Isaac C. Bateman, and his associates and assigns, the right and grant conferred under and by virtue of an Act entitled An Act to supply the Town of Austin with water, approved February sixteenth, eighteen hundred and sixty-four, passed at the third regular session of the Legislative Assembly of the Territory of Nevada.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the right given to Isaac C. Bateman, his associates and assigns, in the Act entitled An Act to supply the Town of Austin with water, approved February sixteenth, eighteen hundred and sixty-four, shall be and the same is hereby extended for the term of fifteen years from the fifteenth day of February, eighteen hundred and seventy-nine, subject, however, to all the conditions, regulations, provisions, and restrictions contained in the said Act above referred to. |
Extension of franchise. |
κ1877 Statutes of Nevada, Page 78 (CHAPTER 38)κ
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ever, to all the conditions, regulations, provisions, and restrictions contained in the said Act above referred to.
This bill having remained with the Governor five days (Sunday excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of his Excellency, the Governor, this seventeenth day of February, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Salaries of the several Treasurers.
How audited and paid.
Proviso.
Further proviso. |
Chap. XXXIX.An Act to amend an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, approved March eleventh, eighteen hundred and sixty-seven, approved March third, eighteen hundred and sixty-nine, approved March fourth, eighteen hundred and seventy-one, approved February twentieth, eighteen hundred and seventy-three.
[Approved February 20, 1877.]
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 amended so as to read as follows: Section One. The Treasurers of the several counties of this State shall be allowed the following named annual salaries, to wit: The Treasurer of Storey County, three thousand dollars; of Ormsby County, fifteen hundred dollars; of Douglas County, eight hundred dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; Esmeralda County, eight hundred dollars; of Lyon County, twelve hundred dollars; of Washoe County, twelve hundred dollars; of Churchill County, six hundred dollars; of Lander County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Humboldt County, one thousand dollars; of White Pine County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Elko County, fifteen hundred dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Lincoln County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Nye County, twelve hundred dollars. Said salaries to be audited by the Board of County Commissioners, and paid at the end of each quarter, out of the Treasurers Salary Fund; provided, that, whenever at the end of any quarter there shall not be sufficient money in said fund to pay said salary, the Board of County Commissioners shall set apart from any moneys in the General Fund, or from the first money that shall come into the said General County Fund not otherwise specially appropriated, an amount sufficient to pay said salary; and, provided further, that, whenever at the end of any year there shall remain any money in the said fund after paying the Treasurers salary, the Board of County Commissioners shall cause the money so remaining to be transferred into the General Fund. |
κ1877 Statutes of Nevada, Page 79 (CHAPTER 39)κ
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there shall remain any money in the said fund after paying the Treasurers salary, the Board of County Commissioners shall cause the money so remaining to be transferred into the General Fund. |
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Chap. XL.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, and amended March fourth, eighteen hundred and seventy-one.
[Approved February 20, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixty-seven of said Act is hereby amended so as to read as follows: Section Sixty-seven. Every traveling merchant, hawker, or peddler who shall carry a pack or vend goods, wares, or merchandise of any kind, and every auctioneer, shall pay for such license the sum of ten dollars per month; and every traveling merchant, hawker, or peddler who shall use a wagon, or one or more animals, for the purpose of vending any goods, wares, or merchandise of any kind, or wines, fermented or spirituous liquors, shall pay for such license twenty-five dollars per month; and every traveling merchant, agent, drummer, or other person selling or offering to sell any goods, wares, or merchandise of any kind, to be delivered at some future time, or carrying samples and selling, or offering to sell goods, wares, or merchandise of any kind similar to said samples, to be delivered at some future time, shall pay for such license twenty-five dollars per month; provided, that nothing in this section be so construed as to apply to the sale of fruits or the agricultural products of this State, or any other State or Territory of the United States. The County Auditor shall issue to the Sheriff of the several counties the licenses contemplated in this section, which licenses so issued shall authorize the holders of the same to vend goods, wares, and merchandise as set forth in said license, within the county wherein such licenses are obtained; and it is hereby made the duty of every Justice of the Peace, Constable, Sheriff, and all peace officers, to demand the license of any such peddler, hawker, agent, drummer, or other person named herein, and if such person be found not to have a license, as directed by law, the person so offering any goods, wares, or merchandise for sale, shall be guilty of a misdemeanor, and on conviction shall be fined in any sum not less than fifty nor more than five hundred dollars. |
Licenses for peddlers and others.
Proviso.
Officer to demand license.
Misdemeanor. |
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κ1877 Statutes of Nevada, Page 80κ
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Stock-holders may examine mines.
Proviso.
Duty of Superintendent.
Book to be kept.
Oaths authorized.
Fee.
Applicant to present stock, etc.
Order to be issued. |
Chap. XLI.An Act to protect the rights of owners of stock shares and other interests in the mineral and metal-yielding mines of this State.
[Approved February 21, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall be the bona fide owner of stock shares representing the value of one per cent of the capital stock of any company incorporated for the purpose of working upon and mining in any lode, ledge, deposit, or bed of the precious metals or useful minerals, in this State; and any number of persons who shall be the bona fide owners of an aggregate number of mining shares amounting to one per cent. of said capital stock standing in their own names on the books of the company at the time application for the permit is made, shall be a duly accredited agent upon a written order from the Clerk or Justice of the Peace of the county in which such lode, ledge, deposit, or bed is located, be entitled to the privilege of fully examining all of the shafts, adits, borings, drifts, stopes, hoisting apparatus, and every and all properties and appurtenances belonging to such mining company; provided, such privilege for examination shall not be permitted except during one day during each calendar month. The Superintendent shall keep posted in some conspicuous place the day of the month the person may be admitted into the mine, under the provisions of this Act. Sec. 2. The County Clerk, or Justice of the Peace, in each of the counties of this State, shall keep in his office a suitable book of registration, in which he shall enter the names of all persons who shall be entitled to the privileges granted by this Act; and the County Clerks or Justices of the Peace of the several counties in this State are hereby authorized to administer an oath or affirmation to each and every applicant for said privileges; and for administering such oath or affirmation, and for registering the name of the applicant, the Clerk or Justice of the Peace shall receive a fee of one dollar, to be paid by the applicant at the time of registration. Sec. 3. Upon making application for the privilege of entering and examining any of the mines, or mining properties mentioned in section one of this Act, the applicant shall present to the County Clerks or Justice of the Peace, certificates of stock shares representing in value one per cent. of the capital stock of the company whose mine he desires to examine; thereupon the applicant shall make oath or affirmation that he is a party in interest in the stock shares of the mines and mining property which he or she desires to examine; that the stock certificates presented by him or her are actually his or her own property, or that such certificates of stock really belong to the parties which he or she is authorized to represent. Sec. 4. Immediately upon complying with the provisions of section three of this Act, it shall be the duty of the County Clerk, or Justice of the Peace, to furnish the applicant with a written order for admission to the mine and mining properties to which he or she may desire to examine. |
κ1877 Statutes of Nevada, Page 81 (CHAPTER 41)κ
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written order for admission to the mine and mining properties to which he or she may desire to examine. Sec. 5. Any mining Superintendent, or mining foreman, or mining Secretary of any incorporated mining company in this State, acting under and for such mining company, who shall fail or refuse to comply with any of the conditions mentioned in section one of this Act, shall for each and every such failure or refusal be deemed guilty of a misdemeanor, and upon conviction in any Court of competent jurisdiction, shall be fined in any sum not less than one hundred ($100) dollars, and not exceeding five hundred ($500) dollars, or by imprisonment in the county jail for a term not less than thirty days and not exceeding six months, or by both such fine and imprisonment. Sec. 6. This Act shall take effect from and after the first day of April, eighteen hundred and seventy-seven. |
Penalty for refusing to admit applicant to mine.
Act to take effect |
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Chap. XLII.An Act in relation to erection and maintenance of bridges.
[Approved February 21, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situated, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the Road Overseers and Board of County Commissioners; the expense of constructing, maintaining, and repairing the same being primarily payable out of [the] Road Fund of the district or districts in the hands of the County Treasurer. Sec. 2. Whenever it appears to the Board of County Commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, they may, in their discretion, cause all or a portion of the aggregate cost or expense to be paid out of the General County Fund, or a portion out of that fund, or out of any other fund in the county, except School and Judges Salary, in which there is a surplus uncalled for; or, they may levy a tax therefor, not to exceed one fourth of one per cent. on the taxable property of the county, annually, till the amount appropriated is raised and paid. Sec. 3. No bridge, the cost of the construction or repair of which will exceed the sum of one hundred dollars, must be constructed or repaired except on an order of the Board of County Commissioners. When ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder, |
Maintenance of bridges, etc.
May be maintained from the General Fund or from special tax.
County Commissioners to supervise. |
κ1877 Statutes of Nevada, Page 82 (CHAPTER 42)κ
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Freeholders may petition.
Advertisement.
Board to examine witnesses, etc. |
bidder, after reasonable notice given by the Board of County Commissioners, by publication at least two weeks in a county newspaper, and if none, then by three posted notices-one at the Court House, one at the point to be bridged, and one at some other neighboring public place. The bids to be sealed, opened, and contract awarded at the time specified in the notice. The contract and bond to perform it must be entered into to the approval of the Board of County Commissioners. Sec. 4. When a bridge, the cost of which will exceed one hundred dollars, is necessary, any five or more freeholders of the road district interested therein, may petition the Board of County Commissioners for the erection of such needed bridge; the Board must thereupon advertise such application, giving the location and other facts, for two weeks, in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the Court House, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the application. Sec. 5. On the day fixed to hear the application, proof of the notice given being made satisfactory, the Board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for. If found to be so, the Board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have the same erected, and provide the payment therefor as herein provided. |
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Post to be erected.
Penalty for beating a woman. |
Chap. XLIII.An Act to prevent cruelty to women in the State of Nevada.
[Approved February 21, 1877.]
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 Board of County Commissioners in each county in this State, to cause to be erected in some public locality at the county seat of the respective counties in this State, a substantial wooden post or stone pillar, the same having the dimensions of eight inches in diameter, and a vertical height of five feet above the ground surface; provided, that such post or pillar shall not be placed where it may interfere with the free passage of vehicles or of pedestrians along any of the streets or sidewalks in said county seat. Sec. 2. Any male person in this State who is more than eighteen years of age, who shall willfully and violently strike, beat, or torture the body of any maiden or woman who is more than sixteen years of age, shall be deemed guilty of a misdemeanor, and upon conviction in any Court of competent jurisdiction, shall be sentenced to be firmly tied or lashed in a standing posture to the post or pillar described in section one of this Act, and shall be kept in such tied and standing posture for a period not less than two hours nor more than ten hours in the daytime of any day, |
κ1877 Statutes of Nevada, Page 83 (CHAPTER 43)κ
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for a period not less than two hours nor more than ten hours in the daytime of any day, except Sunday; and it shall be the duty of the Sheriff, Constable, or other peace officer who shall be detailed to enforce the sentence of the Court, to fasten upon the breast garments of the culprit a placard bearing in large Roman characters the words, Woman beater, or Wife beater, as the case may be; and it shall also be the duty of such peace officer to see that said placard shall not be removed from the person of the culprit at any time during the hours of his legal confinement to said post or pillar. Sec. 3. Any male person in this State who is more than eighteen years of age, who shall a second time commit the offense of woman beating as defined in section two of this Act, shall be deemed guilty of a misdemeanor, and upon conviction by any Court of competent jurisdiction, shall be sentenced to imprisonment in the county jail for a term not less than thirty days nor longer than six months. Sec. 4. Any Sheriff, Constable, or other peace officer in this State, who shall refuse or neglect to comply with any of the provisions of section two of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any Court of competent jurisdiction, shall be sentenced to pay a fine in any sum not less than fifty dollars nor more than five hundred dollars. Sec. 5. This Act shall take effect from and after its passage. |
Placard.
Penalty for second offense.
Penalty for officer refusing.
Act to take effect |
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Chap. XLIV.An Act to amend an Act entitled An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved March eighth, eighteen hundred and sixty-five.
[Approved February 21, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said Act is hereby amended so as to read as follows: Section Thirteen. The Board of County Commissioners shall also act as a Board of Canvassers, and declare election returns, and cause a certificate of election to be given by their clerks to any person who shall be elected to any county or township office within their county; provided, that when the election shall be held for County Commissioners, the District Judge or Judges shall canvass and declare the election returns for such Commissioners, for which purpose all election returns shall be sealed and delivered, according to law, to the County Clerk, and by him opened in the presence of the District Judge or Judges, who shall declare the result as to County Commissioners, and the Clerk shall give to such person elected as County Commissioner a certificate of his election, and the Board of County Commissioners shall then canvass the returns as to other officers; |
Board of Canvassers.
Proviso. |
κ1877 Statutes of Nevada, Page 84 (CHAPTER 44)κ
|
Board to recount in certain cases.
Either party may contest. |
Commissioners shall then canvass the returns as to other officers; and, provided further, that when said Board of County Commissioners shall have canvassed the vote for county and township officers, and it shall appear from such canvass that any county or township officer voted for at such election has received a majority of ten votes, or less, in such a case, upon application of the defeated candidate for such office, setting forth, under oath, that he has reason to believe, and does believe, that a mistake or mistakes have occurred on the part of the Inspectors of Election in any election precinct or precincts in said county, sufficient to change the result of such election so far as said office is concerned, it shall then be the duty of said Board of County Commissioners to immediately proceed to recount the ballots for said office, of any or all the precincts in said county wherein any mistake or mistakes are alleged to have occurred; and shall continue such count from day to day (Sundays excepted), until the votes of all the election precincts wherein any such mistake or mistakes are alleged to have occurred, shall have been counted, and when said count is completed, shall declare the result, and issue the certificate of election to the party entitled thereto, as determined by their said count; but they shall in no case be allowed to throw out any ballot upon any alleged legal defect, if from the face of such ballot it can, upon inspection, be ascertained for whom the elector intended to cast his ballot; and, provided further, that nothing herein contained shall prevent either party to said proceeding to contest the right to said office in the Courts, in the manner now prescribed by law. |
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Felony to obstruct a railroad track maliciously. |
Chap. XLV.An Act supplementary to an Act entitled An Act concerning crimes and punishments, approved November twenty-sixth, eighteen hundred and sixty-one.
[Approved February 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall willfully and maliciously place any obstruction on the track of any railroad in the State, now in operation or which may hereafter be put in operation therein, or shall tear up or remove any part or portion of such railroad, or shall destroy, derange, misplace, or injure any rail, switch, culvert, viaduct, bridge, car, tender, or engine, or willfully and maliciously do attempt to do any or either of said things, or any other act or thing whereby the life and limb of any person may be endangered, shall be deemed guilty of a felony, and shall, upon conviction, be punished with imprisonment in the State Prison for a period not exceeding twenty-one years. |
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κ1877 Statutes of Nevada, Page 85κ
|
Chap. XLVI.An Act to preserve wild game, and to repeal all other Acts in relation thereto.
[Approved February 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, at any time, to kill or injure, or to pursue with such intent, any sparrow, blue bird, blue jay, martin, thrush, mocking bird, swallow, red breast, cat bird, wren, or humming bird, or to disturb the nest or eggs of said birds. Sec. 2. It shall be unlawful for any person or persons, at any time after the first day of April and before the first day of September, in each year, to catch, kill, or destroy, or to pursue with such intent, any prairie chicken, partridge, pheasant, wood cock, grouse, quail, or any wild goose, wood duck, teal, mallard, or other ducks, brant, swan, sandhill crane, plover, curlew, robin, meadow lark, yellow hammer, or bittern, and after the first day of April and before the first day of August, in each year, any sage chicken or snipe, or to have in his or their possession, or to expose to sale, or to purchase from any person or persons whomsoever, either Indians or any other person any of the birds or game mentioned in this section, during the season when the killing, injuring, or pursuing of the same is herein prohibited. Sec. 3. It shall be unlawful for any person or persons, at any time, to trap quail, or to destroy, injure, or disturb the nest or eggs of any of the birds protected by this Act. Sec. 4. It shall be unlawful for any person or persons to catch, kill, or destroy, or to pursue with such intent, within the Counties of Esmeralda, Douglas, Ormsby, Lyon, Storey, Churchill, and Washoe, any prairie chicken, on or before the first day of September, eighteen hundred and seventy-nine. Sec. 5. It Shall be unlawful for any person or persons, at any time after the first day of January and before the first day of July, in each year, to catch, kill, or to destroy, or to pursue with such intent, any deer, antelope, elk, mountain sheep, or goat, or to have in his possession, or to expose to sale, or to purchase any of the wild game or animals mentioned in this section, during the season when the killing, injuring, or pursuing is herein prohibited; provided, that nothing in this Act shall be so construed as to prohibit any person or persons in taking any bird, fowl, fish, or animal, at any time, for scientific purposes. Sec. 6. Every person or persons offending against any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding two hundred dollars, or imprisoned in the county jail of the county in which said conviction is had, for any term not exceeding six months, or by both such fine and imprisonment. |
Unlawful to kill certain birds.
Times when certain birds may not be killed.
Quail and nests.
Prairie chicken.
Deer, antelope, etc.
Proviso.
Penalty. |
κ1877 Statutes of Nevada, Page 86 (CHAPTER 46)κ
|
Acts repealed. |
Sec. 7. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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Appropriation.
Prison deficiencies.
Orphans Home deficiencies. |
Chap. XLVII.An Act making appropriations for deficiencies in the eleventh and twelfth fiscal years.
[Approved February 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-three hundred and forty-four dollars and ninety cents ($2,344 90) is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, for the payment of deficiency claims against the State for the eleventh and twelfth fiscal years, as follows: For the support of the Nevada State Prison, nineteen hundred and twenty-six dollars and thirty-six cents ($1,926 36); for the support of the State Orphans Home, three hundred and six dollars and four cents ($306 04); for the payment of deficiencies on the General Fund, one hundred and twelve dollars and fifty cents ($112 50). Sec. 2. The deficiencies for the support of the Nevada State Prison shall be paid as follows: To Gillson and Barber, ninety-two dollars and seventy-eight cents ($92 78); To A. W. Baldwin, two hundred and twenty-five dollars and eighteen cents ($225 18); to Mason & Co., six hundred and forty-eight dollars and thirteen cents ($648 13); to John Rosser, four hundred and seventeen dollars and ninety-two cents ($417 92); to H. P. Philips, twenty-seven dollars and forty cents ($27 40); to E. D. Sweeney, eighty-nine dollars and nine cents ($89 09); to E. B. Rail, thirty-four dollars and sixty-three cents ($34 63); to J. M. Benton, fifteen dollars ($15); to John G. Fox, eight dollars and seventy-five cents ($8 75); to William Lilienfield, forty-five dollars ($45); to Dunning and Chase, forty dollars ($40); to A. D. Treadway, twenty-nine dollars and ten cents ($29 10); to Robinson and Mighels, sixty dollars ($60); to Shiner and Klauber, ten dollars ($10); to P. C. Hyman, one hundred and thirty-eight dollars and thirty-eight cents ($138 38); to George McFadden, eighteen dollars ($18); to William Elliott, eighteen dollars ($18); to Robert Logan, nine dollars ($9). Sec. 3. The deficiencies for the support of the State Orphans Home shall be paid as follows: To Dr. Herrick, seventeen dollars and fifty cents ($17 50); to Carson Water Co., seventeen dollars and eighty-four cents ($17 84); to John P. Meder, one hundred and fifty-three dollars and twenty-five cents ($153 25); to P. A. Wagner and Co., ten dollars and twenty-eights cents ($10 28); to E. B. Rail, ten dollars and eighty cents ($10 80); to Harris and Bros., seventy-one dollars and fifty cents ($71 50); to W. D. Torreyson, eight dollars ($8); to Dunning and Chase, sixteen dollars ($16). Sec. 4. The deficiencies on the General Fund shall be paid as follows: To the Silver State, |
κ1877 Statutes of Nevada, Page 87 (CHAPTER 47)κ
|
follows: To the Silver State, ten dollars ($10); to the Gold Hill News, ten dollars; to the Virginia Evening Chronicle, twenty dollars ($20); to the Nevada Tribune, fifteen dollars ($15); to the Daily Appeal, fifteen dollars ($15); to the Record Publishing Co., fifteen dollars ($15); to the White Pine News, five dollars ($5); to the Nevada State Journal, five dollars ($5); to the Belmont Courier, ten dollars ($10); to J. C. Ragsdale, seven dollars and fifty cents ($7 50). Sec. 5. The Controller of State is hereby directed to draw his warrants in favor of the persons named, with the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
General Fund deficiencies.
Controller to draw warrant. |
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Chap. XLVIII.An Act to amend an Act entitled An Act entitled an Act to incorporate the Town of Gold Hill, approved February twenty-one, eighteen hundred and seventy-three.
[Approved February 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of said Act is hereby amended so as to read as follows: Section Sixteen. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada. Second-To Levy and collect taxes on all property within the town, both real and personal, made taxable by the laws of this State, for State and county purposes, which are now in force or may hereafter be enacted, which tax shall not exceed in the aggregate one and three fourths per centum per annum upon the assessed value of all such property, with not to exceed ten per centum on the amount of such tax additional thereto as a penalty on all delinquent taxes; provided, that they shall have further power, when in their opinion it may become necessary and expedient, to levy an additional tax not to exceed five cents on each and every one hundred dollars valuation of all property, for the continuous maintenance of the public schools of said town; said tax to be collected at the same time, and in the same manner, as other taxes; provided, further, that taxes on the net proceeds of mines shall be collected at the same time, and in the same manner, as is or may be by law provided for the collection of such tax for State and county purposes. Third-To lay out or extend, open, alter or repair, all streets and alleys, and provide for opening, grading, widening, draining, cleaning, and lighting, or otherwies improving the same; also to provide for the construction, repair, and preservation and cleaning off all sidewalks, crosswalks, bridges, sewers, and drains; to prevent obstructions being erected or placed in or upon any of the streets, |
Power of Trustees.
May levy taxes.
School tax
Taxes on mines.
Control of streets. |
κ1877 Statutes of Nevada, Page 88 (CHAPTER 48)κ
|
May condemn property.
Gunpowder.
Nuisances Police.
Licenses.
Barrooms, etc.
Proviso. |
upon any of the streets, alleys, or sidewalks, and to provide for the removal of such obstructions; to prevent the use of any sewers or drains as cesspools; to compel the owners of lots and property to bear the expense of erecting sidewalks, or improving the roads or streets in front of the same, by special tax or otherwise; to condemn property for the use or benefit of the town, in the following manner: The Board of Trustees shall appoint one referee and the owner or owners of the property to be condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of them, shall be final and binding upon the parties, unless the party aggrieved by the decision of such referees shall appeal from such decision of valuation to the District Court of the First Judicial District, within thirty days after notice of such valuation shall have been served on him or them. Fourth-To provide for the prevention and extinguishment of fires; also, to organize, regulate, establish, locate, or disband fire and hose companies. Fifth-To regulate the storage of gunpowder and other explosive or other combustible material. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To employ policeman, prescribe their duties and compensation, and provide for their regulation and government. Eighth-To fix and collect a license tax on, and regulate all theaters, circuses, shows, billiard tables, bowling alleys, and all other exhibitions and amusements. Ninth-To fix and collect a license tax on barrooms, hurdy gurdy houses, and public dance houses, on auctioneers, hawkers, peddlers, and all dealers in liquors, on all drays, job wagons, or carts, or any other public vehicle running within the limits of the said town for hire; also, to fix and collect a license tax on all trades and business not hereinbefore specified or enumerated, having due regard to the amount of business done by each person or firm so licensed. Tenth-To license, tax and regulate, prohibit and suppress all tippling houses, dramshops, public card tables, raffles, hawkers, peddlers, and pawnbrokers, gambling houses, disorderly houses, and houses of ill fame; provided, however, that nothing in this section of this Act contained shall be construed as granting power to suppress gaming when the same shall have been authorized by license issued by proper authority, pursuant to the provisions of an Act entitled An Act to restrict gaming, passed March fourth, one thousand eight hundred and sixty-nine, or any Act amendatory thereof. Eleventh-To levy and collect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which such tax shall not have been paid; and to prohibit the keeping of hogs or the running at large of goats or cows within the corporate limits of said town. |
κ1877 Statutes of Nevada, Page 89 (CHAPTER 48)κ
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Twelfth-To provide for the issuance of licenses before named, for such terms and in such sums as they may consider best; provided, that the several kinds of business or occupation to be licensed shall be classified by ordinance in two or more classes, with a specific or certain rate of license provided for each class; and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee, shall be printed and numbered. Thirteenth-To provide all necessary buildings for public use of said town. Fourteenth-To establish a Board of Health and define their powers and duties, to prevent the introduction or spread of disease, and to provide for the indigent. Fifteenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct, and to prohibit and suppress the sale of spirituous or malt liquors or wines on any day of municipal, county, or general election. Sixteenth-To fix and prescribe the punishment for the breach of any town ordinance or resolution; but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth-To determine the duties and fix and establish the fees, salaries, compensation, and emoluments of all officers and employes of said town; provided, that the Trustees shall not receive, or be entitled to receive, for their services as such, any sum whatever. Eighteenth-To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause by a vote of four fifths. Nineteenth-To make all necessary contracts and agreements for the benefit of the town, and to contract debts on the faith of the town; but no debt shall be contracted, or liability incurred, except on a cash basis; to issue and sell bonds bearing interest at a rate not to exceed twelve per centum per annum, for the purpose of creating a Contingent Fund for current expenses, or for the purpose of paying, retiring, and canceling any bonds, or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of sixty thousand dollars; and, provided further, that the said Board of Trustees shall not create a debt against the town for printing in a greater sum than five hundred dollars per annum. Sec. 2. Section thirty-one of said Act is hereby amended so as to read as follows: Section Thirty-one. The style of all ordinances shall be: The Board of Trustees of Gold Hill do ordain. All ordinances shall be published for one week in a newspaper published in the County of Storey, prior to going into effect. Printed copies of ordinances purporting to have been made by and published by the authority of the Board of Trustees of said town, shall be admitted by the Courts and officers of this State, on all occasions, as presumptive evidence of such ordinances. |
Manner of issuing licenses.
Board of Health.
Riots, etc.
To fix penalties.
Salaries and fees.
Attendance, etc.
Debt.
Limit of debt.
Ordinances. |
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κ1877 Statutes of Nevada, Page 90κ
|
Penalty.
Notice.
Act to take effect |
Chap. XLIX.An Act to prohibit animals from being ridden or driven over any toll or county bridge in this State, faster than a walk.
[Approved February 23, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That any person or persons riding or driving any animal or animals upon any toll or county bridge in this State faster than a walk, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; provided, that the County Commissioners, or owners of toll roads, shall cause to be placed in a conspicuous place at or near the end of such bridge, a notice warning all persons not to ride or drive animals upon such bridge faster than a walk. Sec. 2. This Act shall take effect from and after its passage. |
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Preferred lien. |
Chap. L.An Act supplementary to an Act entitled An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto, approved March second, eighteen hundred and seventy-five.
[Approved February 24, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Where ore is delivered to a custom mill or reduction works, and either sold to said mill or reduction works, or worked at a percentage, the party or parties so furnishing ore to mill or reduction works shall have a preferred lien upon the bullion product, and upon the ore not reduced, as against attachment and other creditors. |
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Chap. LI.An Act to amend an Act entitled An Act concerning estray animals, approved November eighth, eighteen hundred and sixty-one.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of an Act entitled An Act concerning estray animals, approved November eighth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: |
κ1877 Statutes of Nevada, Page 91 (CHAPTER 51)κ
|
ing estray animals, approved November eighth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: Section One. Every person finding any stray horse, mare, colt, jack, or jenny, or any neat-foot animal, or any number of these animals, upon his farm or premises, or upon the public highway or domain, and shall take the same up for keeping, shall, within ten days, if said animal or animals remain on his farm or premises, or keeping, go before some Justice of the Peace of his township, and give, under oath, a full description of the marks and brands, color, and kind of such animal or animals, also the time, and all necessary information that will lead to the cause of the said animal or animals coming into his keeping, that may have come to his knowledge, and the marks and brands have not been altered since they came to his farm or premises; provided, no animal shall be considered an estray if the owner is known to the person finding it. At the time the taker up appears before the Justice, as aforesaid, the Justice shall, without delay, appoint two disinterested appraisers, who are resident householders of the county, to appraise and describe such animal or animals, and cause a notice of such estray or estrays, with a full description of the same, giving the brands, marks, and colors thereon, to be published once a week for two consecutive months, in a newspaper published at the county seat of the county in which the animal or animals may be taken up, and if there be no newspaper published at the county seat, then the said notice shall be published in the newspaper nearest to the same. The said Justice shall also cause three notices to be posted of such estrays, in conspicuous places, one of which shall be the Justices office, and the others the vicinity of the place where the estray animal or animals may have been taken up. For refusing or neglecting to comply with the provisions of this section of this Act, Justices of the Peace shall be deemed guilty of misdemeanor in office, and the taker up of such estray or estrays shall be deemed guilty of grand or petit larceny, according to the value of the estray animal or animals taken up, and, on conviction thereof, shall be punished as is provided in the law of the State of Nevada entitled An Act concerning crimes and punishments. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. No person shall be allowed or permitted to use, or cause to be used, to profit or otherwise, any animal within his charge or keeping, under the foregoing provisions of this Act; and any person failing or refusing to comply with the requisitions set forth in this section shall be deemed guilty of grand or petit larceny, according to the value of the same, and, on conviction thereof, be punished in accordance with the provisions of the Act concerning crimes and punishments. |
Estrays to be reported to a Justice.
Appraisers.
Notice.
Penalty.
Estrays not to be used. |
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κ1877 Statutes of Nevada, Page 92κ
|
Separate book to be kept.
Publication.
Acts repealed. |
Chap. LII.An Act to amend an Act entitled An Act to regulate the settlement of the estates of deceased persons, approved November twenty-ninth, eighteen hundred and sixty-one.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and eighty-nine of the above Act be so amended to read as follows: Section Two Hundred and Eighty-nine. All orders and decrees made by the Probate Court during its terms shall be entered at length in a separate book of the Court, to be kept for that purpose, and, also, all orders which the Probate Judge is empowered to make out of term time, and which by the Act to which this Act is amendatory, specially required to be so entered. Upon the close of each term the Judge shall sign the minutes of the proceedings. When publication is ordered, such publication shall be made daily, or otherwise as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this Act. The Court or Judge may, however, prescribe a less number of publications during the period prescribed. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Governor directed to offer rewards in certain cases. |
Chap. LIII.An Act to authorize and require the payment of rewards in certain cases.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor shall offer a standing reward of two hundred and fifty dollars for the arrest of each person engaged in the robbery of, or in the attempt to rob, any person or persons upon, or having in charge in whole or in part any stage coach, wagon, railroad train, or other conveyance, engaged at the time in conveying passengers, or any private conveyance within this State, and for the arrest of each person engaged in the robbery of, or in the attempt to rob, any person or persons upon any highway in the State of Nevada, the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested; but no reward shall be paid except after such conviction. |
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κ1877 Statutes of Nevada, Page 93κ
|
Chap. LIV.An Act to admit to probate a certain paper purporting to be the last will and testament of Thomas Sheehan.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The paper purporting to be the last will and testament of Thomas Sheehan, deceased, is hereby declared to be as valid and legal as though the signature of the testator to the same was attested by two subscribing witnesses; and the claimant, George Elliott, is hereby authorized to offer said paper for probate before the proper Court; and the same shall be considered by the Court as if the signature of the testator was attested as required by law. Sec. 2. Nothing in this Act shall be construed as determining the issue of fact, whether said paper is the last will and testament of said deceased, but said issue shall be submitted to and be determined by the proper Court. Sec. 3. Nothing in this Act shall be so construed as to prevent any heir or heirs of said deceased from contesting the validity of the said paper purporting to be the last will and testament of said deceased, within the time allowed by law, should any such contestant or contestants appear. Sec. 4. No claim of George Elliott, or of any other person, to the money or estate of said Thomas Sheehan, deceased, and no action for the recovery of the same by any person, shall be held by any Court to be barred by the statute of limitations or otherwise; provided, such claim shall be set up or such action shall be commenced within three months from the date of the passage of this Act. Sec. 5. All Acts and parts of Acts heretofore passed, so far only as they conflict with the provisions of this Act, are hereby repealed. |
Same as though attested.
Issue not determined.
May be contested.
Limitation.
Proviso.
Acts repealed. |
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Chap. LV.An Act to amend sections two and four of an Act entitled 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, passed February twentieth, A. D. eighteen hundred and seventy-five.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Two. It shall be the duty of the grantors herein named to make and complete the survey of said route before the first day of January, |
|
κ1877 Statutes of Nevada, Page 94 (CHAPTER 55)κ
|
Survey and completion of the road.
May transfer franchise. |
the first day of January, A. D. eighteen hundred and seventy-six, or of such part or parts thereof to which said road shall be extended, and said grantors, 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 four years from the passage of this Act. Sec. 2. Section four of the Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Four. Any time within four years after the passage of this Act, the grantors 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. |
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May erect buildings and lay pipes.
Proviso. |
Chap. LVI.An Act to grant certain privileges to gas companies and others.
[Approved February 26, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, persons, or company desiring to supply the inhabitants of any city or town in this State with illuminating gas, it shall have the license and authority to erect within the limits of such city or town the necessary buildings, works, and machinery for the manufacture or production of such gas; to make the necessary excavations in the public streets of such city or town, for the purpose of laying gas pipes therein; to lay all necessary pipes, and to reopen such excavations at any time for replacement, repair, or examination of the pipes; provided, that no street shall be obstructed to an unnecessary degree, or for an unnecessary period of time, by any work as aforesaid. |
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Chap. LVII.An Act to amend an Act entitled An Act to amend an Act to restrict gaming, passed March fourth, eighteen hundred and sixty-nine, approved March fourth, eighteen hundred and seventy-five.
[Approved February 28, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the Act entitled An Act to restrict gaming, passed March fourth, eighteen hundred and sixty-nine, as amended by section two of the Act entitled An Act to amend an Act to restrict gaming, approved March fourth, eighteen hundred and seventy-five, is hereby amended so as to read as follows: |
κ1877 Statutes of Nevada, Page 95 (CHAPTER 57)κ
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fourth, eighteen hundred and seventy-five, is hereby amended so as to read as follows: Section Four. The amount to be paid to the Sheriffs as a quarterly license shall be as follows: In any county in which, at the general election next preceding the time of application, were polled five hundred votes or more, or in any county created after said general election, four hundred dollars, and in all other counties two hundred and fifty dollars; and such license shall be paid for actually, and not constructively, quarterly in advance. Sec. 2. Section seven of the Act entitled An Act to restrict gaming, passed March fourth, eighteen hundred and sixty-nine, as amended by section three of the Act entitled An Act to amend an Act to restrict gaming, approved March fourth, eighteen hundred and seventy-five, 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 room of the first floor or story of any building; and when any building has two first floors or stories, the other being or fronting on one street and the other being or fronting on another street, then and in such case no license shall issue to carry on any of said games in any room on or in either of said first floors or stories of such building; provided, that in any county in which, at the general election next preceding the time of application, were polled less than fifteen hundred votes, or in any county created after said general election, the licensee shall be entitled to carry on his game in any back room of the first or ground floor of any building; and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of the Act of which this is amendatory. Sec. 3. All Acts or parts of Acts, in so far as they conflict with this Act, are hereby repealed. Sec. 4. This Act shall take effect and be in force on and after the tenth day of April, eighteen hundred and seventy-seven. |
Quarterly license.
Games must not be on the first floor.
Proviso.
Misdemeanor to admit a minor.
Acts repealed.
Act takes effect. |
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Chap. LVIII.An Act to authorize the Board of County Commissioners of Storey County to issue bonds for certain purposes, and to provide for the payment of the same.
[Approved February 28, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying all outstanding indebtedness due by the County of Storey, incurred in the construction, |
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κ1877 Statutes of Nevada, Page 96 (CHAPTER 58)κ
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Loan authorized.
Bonds, how prepared.
Gold coin. Interest.
Coupons.
How Sold.
Fund created.
How applied. |
tion, completion, and furnishing of the Court House at the City of Virginia, in said county, the County Commissioners of Storey County are hereby authorized and empowered to prepare and issue the bonds of said county in the sum of one hundred thousand dollars, payable in gold coin of the United States, and to dispose of the same and use the proceeds arising therefrom in the manner hereinafter provided. Sec. 2. Said bonds shall be of such amounts as shall be deemed most salable and convenient; but no bond shall be for a less amount than one hundred dollars, and none for a greater amount than one thousand dollars. Said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bond and coupons that they are payable in gold coin of the United States; shall bear interest at the rate of ten per cent. per year, payable semi-annually at the office of the County Treasurer of said county, in the City of Virginia. The bonds shall be payable to bearer, at the office of the County Treasurer of said county, in five years from their date, and shall express upon their face that they are subject to redemption pursuant to the provisions of this Act. The bonds shall be prepared in proper form, under the direction of the Board, and shall be signed by the Chairman of the Board, and countersigned by its clerk, who shall attach thereto the county seal. The coupons for semiannual interest shall be signed by the Chairman of the Board, and shall be paid on the first day of January and July in each year, on presentation at the office of the County Treasury of said County of Storey. Sec. 3. The Board of County Commissioners of said county, after said bonds shall have been so prepared and signed, shall appoint some competent and disinterested person; who shall be a member of said Board, to dispose of said bonds, and said bonds shall be delivered to the person so appointed, and he shall be thereupon authorized and directed to dispose of them, or any part thereof; but the rates at which said bonds shall be disposed of shall be fixed by the Board of County Commissioners, and may be changed from time to time, as they may order; but none of said bonds shall be sold at a rate of less than ninety cents of the par value thereof. Sec. 4. There is hereby established in the said County of Storey, and the Treasury thereof, a special fund, to be known as and called the Court House Fund, and all sums of money derived from the sale of any or all of said bonds shall be paid into the County Treasury and credited to said Court House Fund, and from the same shall be paid the outstanding indebtedness accrued and to accrue for the purpose aforesaid; and all moneys derived from the collection of the tax hereinafter authorized shall be paid into said Treasury and credited to said fund, which shall at all times hereafter, and until the full payment of the principal and interest of said bonds, remain inviolate, and shall not be used or appropriated for any other purpose whatsoever; and said fund shall be applied: First, to the payment of the semi-annual interest as above directed; and second, to the redemption of said bonds as herein provided. Sec. 5. The said Board of County Commissioners shall levy and collect annually, until all of said bonds issued under the provisions of this Act shall have been fully paid or provided for, a tax of one fourth of one per cent. |
κ1877 Statutes of Nevada, Page 97 (CHAPTER 58)κ
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provisions of this Act shall have been fully paid or provided for, a tax of one fourth of one per cent. upon all taxable property of Storey County, to be applied exclusively to the payment of the principal and interest of said bonds to be issued as herein provided. Sec. 6. Whenever all interest due upon said bonds at any specified time 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 interests 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 if at any time there shall not be a sufficient amount of bonds presented for redemption to exhaust the sum in said fund to be used for such purpose, then said Board of County Commissioners shall be and they are hereby authorized to determine by lot in some appropriate manner to be by them determined, which of the outstanding bonds shall be redeemed, and shall give ten days notice thereof by an advertisement in at least one newspaper published in the county. Any bonds so declared to be redeemed shall be paid upon presentation at the Treasury at any time, and the interest upon any bond so declared to be redeemed shall cease after the expiration of said ten days. Sec. 7. All loans heretofore made by the County Commissioners of Storey County for the purpose of raising funds to complete and furnish the said Court House, are hereby made legal and binding upon said county, and all evidences of indebtedness issued for such loans under the direction and authority of said Board for said purposes, are hereby declared legal and valid claims against said county for the amount of the principal and interest thereof, as in said evidences of indebtedness expressed. Sec. 8. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for. Sec. 9. All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed. |
Tax to be levied.
Redemption.
Notice.
Lowest bid to be accepted.
Par value.
May determine by lot.
Notice.
Contracts legalized.
Faith pledged.
Acts repealed. |
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κ1877 Statutes of Nevada, Page 98κ
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Fund created.
Tax to be levied.
For what the fund is to be used.
Proviso.
Salaries not to be paid from fund. Surplus to be transferred.
Preference. |
Chap. LIX.An Act to create a Current Expense Fund for Esmeralda County.
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 Esmeralda, 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 Esmeralda County may, and they are hereby authorized and empowered to levy a special tax, not to exceed twenty-five 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 shall go into and from [form] the Current Expense Fund of said Esmeralda 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 Fund of said county prior to sixty days subsequent 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 sixty days after the approval of this Act, shall be allowed against, or paid out of said Current Expense Fund; and, provided further, that neither the fees or 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 are hereby 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 Esmeralda 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. |
κ1877 Statutes of Nevada, Page 99 (CHAPTER 59)κ
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the several funds of said county, as nearly equal, in point of intrinsic or marketable value, as may be practicable. |
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This bill having remained with the Governor five days (Sunday excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of his Excellency, the Governor, this twenty-eighth day of February, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Chap. LX.An Act to incorporate the Town of Eureka.
[Approved March 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose hereinafter mentioned the inhabitants of that portion of Eureka County embraced within the limits hereinafter set forth in this section, shall be a body corporate and politic, by the name and style of the Town of Eureka, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of said incorporate town shall be as follows, viz: commencing at the flagstaff at the center of the crossing of Clark and Main streets, in the Town of Eureka, running thence south three fourths of a mile to a point; thence east one half a mile, thence north one and one quarter miles; thence west one mile; thence south one and one quarter miles; thence east one half of a mile, to the point of beginning, on the exterior boundaries. Sec. 2. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be resident householders of said town. Sec. 3. The officers of said town shall be five Trustees, a Town Clerk, who shall be Clerk of the Board of Trustees, and ex officio Town Assessor; a Town Marshal, who shall be ex officio Town Collector and Chief of Police; a Town Treasurer, a Town Attorney, and such other officers as are hereinafter authorized to be appointed by the Board of Trustees. Sec. 4. No person shall be eligible to the office of Trustee, Clerk, Marshal, Treasurer, or Attorney, who shall not have been an actual resident of said town for six months next preceding his election or appointment. Sec. 5. The five Trustees shall be elected by the qualified electors of said town, and all other officers, except Town Attorney, shall be appointed by the Board of Trustees, and hold their offices until otherwise provided by said Board. Sec. 6. The general election for said town shall be held on the first Monday in May in each year. Sec. 7. No person shall be allowed to vote for any officer who shall not be a qualified voter of the State of Nevada, and shall not have actually resided in said town for thirty days next preceding the day of election. |
Body Corporate.
Boundaries.
Board.
Town officers.
Eligibility.
How chosen.
Election. |
κ1877 Statutes of Nevada, Page 100 (CHAPTER 60)κ
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Qualification of voters.
Election, how conducted.
Oath of office.
President of Board.
Vacancy.
Meetings.
Quorum, etc.
Powers of the Board. |
who shall not be a qualified voter of the State of Nevada, and shall not have actually resided in said town for thirty days next preceding the day of election. Sec. 8. All the provisions of law now in force, and all laws which may be hereafter enacted, regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees for each election, at least three days prior to the same, shall appoint three Judges of Election, who shall appoint two clerks, and shall designate the place for holding the polls. Within two days after each election the Judges and clerks of the same shall make out, sign, and deliver to the persons receiving the highest number of votes for the officers whose election is hereinbefore provided for. Immediately after the votes are counted the said Judges and clerks shall also make out a statement of the number of votes cast for each person severally for the office of Trustee, which statement shall be certified under oath by a majority of said Judges, and they shall cause the same, together with the poll lists and votes, duly sealed up, to be delivered to the Clerk of the Board of Trustees, who shall keep the sealed packages containing the poll lists and ballots for at least thirty days. Sec. 9. The officers chosen at any election shall take the oath of office, and be qualified and enter upon the discharge of their duties within ten days after being notified of their election; and in case any person elected to office shall fail to qualify within said ten days his office shall be deemed vacant. Sec. 10. The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, elect one of their number President, who shall preside at all meetings of the Board, and discharge such other duties as may be prescribed by the Board of Trustees. Sec. 11. When a vacancy shall occur in the office of Trustee or other office, from any cause, the Board of Trustees shall appoint some person to fill such vacancy, and the person so appointed shall hold his office for the residue of the term of his predecessor. Sec. 12. The Board of Trustees shall have regular meetings, as by adjournment or resolution as they may direct, and the President may call special meetings whenever he may deem it necessary. Sec. 13. The majority of the Board of Trustees shall constitute a quorum for the transaction of all business. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their own members. All their meetings shall be public, except when the Board deem that the interests of the town require secrecy. A journal of all their proceedings shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered in the journal upon the passage of any question, at the request of any member. Sec. 14. The Board of Trustees shall have power: First-To make by-laws and ordinances not repugnant to the Constitution or laws of the United States or the State of Nevada. |
κ1877 Statutes of Nevada, Page 101 (CHAPTER 60)κ
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Second-To levy and collect taxes on all property within the town, both real and personal, made taxable by law for State and county purposes, which tax shall not exceed one half of one per cent. per annum upon the assessed value of all such property, and to prescribe by ordinance the manner of levying, assessing, and collecting taxes, and to make all taxes levied by them a lien upon the property assessed, from the time of the assessment thereof. Third-To lay out, alter, and extend the streets and alleys of the said town, provide for the grading, 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. Fourth-To condemn and appropriate to the public use, or to the use of the inhabitants of said town, all real and personal property when they deem the same necessary for the opening of streets or alleys, or for other public purposes. Such property shall be condemned or appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant, 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 upon the valuation of such property or claim, then the two appointed shall select a third referee, and a decision of a majority of such three as to the valuation of the property or claim by them appraised shall be reported by them to the Board of Trustees, and may be by them regarded and held as finally binding; and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his duly authorized agent or attorney, such property or claim shall become the property of said town, which may take full and immediate possession of the same, and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint such referee when required by the Board of Trustees, then the said Board of Trustees shall constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Trustees or referees in the condemnation of property, or any claim, right, or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporated town, of the legality of such assessed claim, right, or title; and whenever the said corporate body shall have become in any manner possessed of any real estate, upon which any improvements shall have been made for the benefit of said town or corporate body, no judgment in ejectment shall be rendered against said town or corporate body, but only judgment for damages in the value of said property, claim, right, or title, at the time of taking the possession of it, may be rendered. Fifth-To provide for the prevention and extinguishment of fires, to provide for a sufficient supply of water for extinguishing fires, for fire purposes, and fire apparatus, to arrange for and contract with persons or water companies for said water; also, to organize, regulate, establish, and disband fire companies, and to provide all apparatus, fixtures, and buildings necessary for the Fire Department and the use of fire companies. |
Streets.
Property, how condemned.
Ejectment.
Fires. |
κ1877 Statutes of Nevada, Page 102 (CHAPTER 60)κ
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Gunpowder. Nuisances
Licenses.
Business.
Dog Tax.
Public buildings. Riots, etc.
Board of Health. Gunpowder.
Wards. Penalties. |
companies. Sixth-To regulate the storage of gunpowder and other combustibles. Seventh-To prevent and remove nuisances, and also to determine what are nuisances. Eighth-To create and establish a town police, prescribe their duties, fix their compensation, and prescribe rules for the regulation and government of the same. Ninth-To fix and collect a license tax on and regulate all theaters and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix and collect a license tax on and regulate all saloons, barrooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages; to fix and collect a license tax on and regulate auctioneers, stock brokers, drays, job wagons, and stage companies or owners whose place of business is in said town, or who shall have an office or agency therein; to fix and collect a license tax on all raffles, hawkers, peddlers, pawnbrokers, hurdy gurdy houses, and public dance houses, and upon 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, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, keno, fan tan, twenty-one, red, white and blue, red and black, or diana, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other valuable thing or representative of value; to fix and collect a license tax on all professions, trades, or business, not hereinbefore specified, having due regard to the amount of business done by each firm or person thus licensed; provided, that no license tax exceeding ten dollars shall be assessed or collected on any one business or calling during any one quarter. Tenth-To provide for the issuance of licenses herein provided for or fixed by the Board, in such sums, and on such terms, as may be prescribed by ordinances. Eleventh-To levy and collect an annual tax on all dogs within the limits of said town, and provide for the extermination of all dogs for which tax shall not have been paid. Twelfth-To provide all necessary public buildings for the use of said town. Thirteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within said town, to close all places of business, or public amusement, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county, or State election. Fourteenth-To establish a Board of Health, to prevent the spread of diseases, and to provide for the indigent sick. Fifteenth-To provide for and regulate or prohibit the using of gunpowder or other combustibles or explosive material, the use of which would be likely to endanger the lives or property of the inhabitants. Sixteenth-To divide the town into two or more wards, define the boundaries thereof, and provide for town elections therein. Seventeenth-To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no imprisonment shall be prescribed for a longer term than six months. Eighteenth-To determine the duties, fix and establish the fees, salaries, and compensation of all officers of said town not herein otherwise provided for, |
κ1877 Statutes of Nevada, Page 103 (CHAPTER 60)κ
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compensation of all officers of said town not herein otherwise provided for, and to alter and change the same whenever they deem it best, and to remove from office any officer appointed by the Board for misconduct, or whenever the interests of the town require such removal. Nineteenth-To fill all vacancies occurring in the Board of Trustees from any cause whatever, and to expel a member of the Board for misconduct by a vote of three fifths of the members elected. Twentieth-To make all necessary contracts and agreements for the benefit of the town, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of ten thousand dollars; to appropriate money for any item of expenditure, and appropriate to the use of the town all fines for the breach of any ordinance made by them under the provisions of this Act. Twenty-first-To make ordinances fixing the penalty for all misdemeanors and willful injury to property now punishable by fine not exceeding five hundred dollars, or six months imprisonment; also, to fix a penalty for all cases of assault, and assault and battery, committed within the town limits, not charged to have been committed upon a public officer in the discharge of his duty, or with intent to murder or do bodily harm. Sec. 15. It shall be the duty of the Board of Trustees to provide for the accountability of all town officers and other persons to whom the receipts or expenditures of any of the funds of said town shall be intrusted, by requiring of them sufficient security for the faithful discharge of their duties; to increase or diminish the amount of security to be given by any town officer or other person, whenever they deem it expedient; and in case of neglect of any officer to furnish such security as the Board of Trustees may require of him, within three days after such requirement they shall declare such office vacant. Sec. 16. It shall be the duty of the Board of Trustees to make out and publish in some newspaper published in said town, in March and September of each year, a full and detailed statement of all receipts and disbursements, from what source received, and for what purpose paid out, during the six months, next preceding such report. Sec. 17. It shall be the duty of every Trustee of said town to attend the regular and special meetings of the Board of Trustees; to act upon committees when appointed thereto by the President; to report to the Board of Trustees any and all town officers whom they may know to be guilty of misconduct in office, or any neglect of duty, and to aid to the extent of their ability in enforcing the ordinances and maintaining the peace and good order of the town. Sec. 18. All taxes and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. The style of ordinances shall be: The Board of Trustees of the Town of Eureka do ordain. All ordinances made by the Board of Trustees shall be signed by the President and the Clerk of the Board, upon the journal of proceedings, where the same shall be written in full, and shall be published in some newspaper published in said town within one week after their passage, and shall be so published for not less than two weeks; and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the Clerk of said Board, who shall also affix the seal of said town thereto. |
Salaries.
Vacancies, etc.
Contracts.
Ordinances.
Sufficient bonds to be given.
Receipts and disbursements.
Duties of Trustees.
Gold coin.
Ordinances, style of, how signed and published. |
κ1877 Statutes of Nevada, Page 104 (CHAPTER 60)κ
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Scrip.
Recorders
Power of Recorders
Duties of the Treasurer
Duties of Clerk. |
all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the Clerk of said Board, who shall also affix the seal of said town thereto. Sec. 19. The Justices of the Peace in said town shall be ex officio Town Recorders of said town, with concurrent jurisdiction; provided, that such Justices file, as ex officio Recorders, such bonds as the Board of Trustees may require of them. Sec. 20. The Justices of the Peace who shall be ex officio Town Recorders shall have jurisdiction of all cases or actions for the violation of any town ordinance, and shall fine, hold to bail, or commit to prison any offender, in accordance with the provisions of such ordinances; and also of all cases of misdemeanor, and willful injury to property, punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment; also of all cases of assault, or assault and battery, committed within the limits of said town, not charged to have been committed on a public officer in the discharge of his duty, or with intent to commit murder, or do great bodily harm. The said Justices of the Peace, as ex officio Town Recorders, shall have such further jurisdiction as is by general statute conferred upon Recorders Courts. Such Recorders shall state separately in their dockets the amount of fine and costs in each case, and all fines imposed by them under the provisions of any town ordinances shall be paid into the Town Treasury at least once a month. Sec. 21. It shall be the duty of the Treasurer to register all warrants in the order of their presentation, to receive and receipt for all moneys that may be paid into the Town Treasury, and to apportion the same as may be required by ordinance, and disburse the same on proper warrants, or orders of the Board of Trustees. He shall at all times keep his books and accounts open for the inspection of the Trustees, citizens, or any taxpayers, and shall, whenever required, furnish said Trustees with a full statement of all receipts and expenditures. He shall pay all warrants in the order of their registration, and perform such other duties and acts as may be prescribed by ordinance or resolution of the said Board of Trustees. Sec. 22. It shall be the duty of the Clerk to keep the corporation seal, papers, books, and documents belonging to the town; to file the papers and documents in his office under appropriate heads; to attend the sittings of the Board of Trustees, and keep a journal of the proceedings and a record of all the by-laws and ordinances; to make out all warrants and orders drawn on the Treasury, specifying therein the services or indebtedness for which each is drawn, and to countersign and affix the seal of the town to all such warrants or orders drawn in pursuance of any resolution of the Board of Trustees; to issue all licenses, countersign the same, and affix the seal of the town thereto; to keep an accurate account, in a suitable book, under appropriate heads, of all warrants drawn on the Treasury; also to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of issuance, and the amount. Sec. 23. It shall be the duty of the Town Clerk, as ex officio Town Assessor, |
κ1877 Statutes of Nevada, Page 105 (CHAPTER 60)κ
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Town Assessor, to make out and return to the Board of Trustees a complete and correct list of all the property within the limit of said town taxable by law; the time and mode of making out such list, and returning the same, shall be as prescribed by ordinance, and he shall also do and perform such other duties as may be required of him by any ordinance or resolution of the Board of Trustees. Sec. 24. It shall be the duty of the President to preside at all meetings of the Board of Trustees, and to sign all warrants or orders drawn on the Treasury, and all licenses issued in pursuance of any ordinance of said town. Sec. 25. It shall be the duty of the Town Attorney to attend to all suits in which the town is interested; to give his advice, in writing, on any question when required by the President or Board of Trustees; to attend to all prosecutions in the Recorders Courts, and do and perform such other duties as may be required of him by the Board of Trustees. Sec. 26. It shall be the duty of the Marshal to execute and return any processes issued by the Recorders, or directed to him by any legal authority in all criminal cases, and attend upon the Recorders Courts, and serve and return all papers issued by said Recorders; to serve and execute all writs, processes, and other papers issued from Justices Courts in town suits, for which he shall be allowed to charge and collect the same fees as are allowed by law to Constables for similar services in civil actions; provided, that such fees shall in no case be a charge against the town. He shall arrest all persons guilty of a breach of the peace, or of any town ordinance, in his presence, and bring them before the Recorders Court for trial and examination, and to perform such police and other duties as the Board of Trustees shall by ordinance or resolution direct. Sec. 27. It shall be the duty of the Marshal, as ex officio Town Collector, to receive and collect all taxes and licenses due the town, and all other revenue due, or to become due, and to pay the same over to the Treasurer; the time and manner of such collections and payments shall be such as the Board of Trustees shall by ordinance or resolution prescribe. Sec. 28. The Marshal, Clerk, Assessors, Treasurer, and Attorney, shall have power and authority, with the consent of the Board of Trustees, to appoint one or more deputies, and remove them at pleasure; the said officers being at all times liable on their official bonds for the acts of such deputies; and such deputies, when appointed, shall have power to perform all or any of the duties of their principals. Sec. 29. Real and personal property may be sold under execution, by the Town Marshal, for taxes or assessments due said town. No property, whether real or personal, which shall be sold for town taxes, shall be subject to redemption, but the property so sold shall immediately vest in the purchaser thereof. The proceedings for the sale of property in cases of non-payment of taxes or assessments, shall be substantially the same as that now prescribed by law for the sale of property for State and county taxes, |
Assessor.
Duties of the President.
Duties of the Attorney.
Duties of Marshal.
To Collect taxes.
Deputies.
Property how sold for taxes. |
κ1877 Statutes of Nevada, Page 106 (CHAPTER 60)κ
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Ordinances to be printed
Office, when vacated.
Fees and compensation of officers. |
for State and county taxes, and the Justices of the Peace shall have the same jurisdiction in all actions for the collection of town taxes as that given them by law in actions for the collection of State and county taxes; and all laws now in force, or which may be hereafter enacted for the purpose of collecting State and county taxes, shall be applicable to proceedings for the collection of taxes for the Town of Eureka, so far as the same are consistent with the provisions of this Act. Upon the sale of real property for taxes, the Marshal shall execute and deliver a deed for such property to the purchaser thereof, and such deed shall be received in any and all Courts of this State as prima facie evidence that the grantee therein named, or his successors in interest, have a good and legal title to the premises therein described; and the possession of such property may be obtained in the manner prescribed by law where the relation of landlord and tenant exists; and the certificate of sale of the Marshal for personal property sold for taxes, shall be prima facie evidence of title thereto in the purchaser named in said certificate. Sec. 30. Any resolution or ordinance providing for the appropriation for any object or purpose, of the sum of three hundred dollars or more, shall lay over and be printed in some newspaper in the town for one week before final action shall be taken thereon. Sec. 31. If any officer of the Town of Eureka shall remove his residence therefrom, or shall absent himself for more than thirty days, without leave of absence from the Board of Trustees, his office shall be declared vacant. Sec. 32. The fees and compensation of the several officers named in this Act shall be as follows: The compensation of the Trustees shall be one hundred dollars each per annum, payable quarterly, at the end of each quarter. The Justices of the Peace, as ex officio Town Recorders, shall receive the same fees as are allowed by law to Justices for similar services in civil and criminal cases; provided, that in no case such fees shall be a charge against the town. The Town Marshal, as such Marshal and Chief of Police, shall receive for his services such salary as the Board of Trustees may allow, not to exceed one thousand dollars per annum, payable monthly, at the end of each month; also, as ex officio Town Collector, not to exceed three per centum on all moneys collected by him and paid over to the Town Treasurer. The Town Treasurer shall receive not to exceed three per centum on all moneys paid into the Town Treasury. The Town Clerk, for his services as Clerk of said Board, and for such other clerical services as may be required of him as such Clerk, shall receive a salary not to exceed twenty-five dollars per month, payable monthly, at the end of each month. He shall also receive for his services as ex officio Town Assessor, such sum as the Board of Trustees may allow, not to exceed five dollars per day for such number of days as he shall actually be employed in his official duties as such ex officio Assessor. The District Attorney of Eureka County shall also be ex officio Town Attorney of the Town of Eureka, and in all criminal prosecutions under the town ordinances, shall be entitled to the same fees as are now provided by law in other criminal cases; |
κ1877 Statutes of Nevada, Page 107 (CHAPTER 60)κ
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but in no case shall such fees be a charge against the town; provided, that in all civil cases prosecuted by the Town of Eureka, by order of the Board of Trustees, the Town Attorney shall be entitled to such compensation as the Board of Trustees shall by resolution allow, which shall not in any one year exceed the sum of five hundred dollars, and such percentage on the collection of delinquent taxes as the Board of Trustees may allow. Sec. 33. The foregoing Act of incorporation shall be submitted to the qualified electors residing within the limits of the town territory hereinbefore defined, at an election to be held on the first Monday of May, A. D. eighteen hundred and seventy-seven. The ballots at such election shall be written or printed as follows: Those in favor of incorporation of said town under the foregoing Act, For incorporation. Those against the incorporation of said town under the foregoing Act, Against incorporation. At the same time the said electors shall vote for five legally qualified electors of said town, to act as the first Board of Trustees under this Act, in case a majority of the votes cast at said election shall be For incorporation. For the purpose of this election, John S. Hinckley, Samuel Goldstone, and J. H. Morrison are hereby constituted a Board of Commissioners to provide for the registration of the duly qualified electors residing within the limits of said town, as hereinbefore prescribed, by furnishing to L. W. Cromer, Esq., or his legally qualified successor, Justice of the Peace of the Township of Eureka, in said County of Eureka (who is hereby required to make such registration, in accordance with the statute of this State now in force), necessary books for such registration, and appoint Judges, Inspectors, and Clerks of such election, and designate two or more places in said town where the polls of such election shall be held; and within three days after said election it shall be their duty to meet and canvass the votes cast at said election, as certified to them by the said Judges, Inspectors, and Clerks, and declare the result; and if the majority of said votes be cast For incorporation, they shall issue certificates of the election to the five persons receiving the highest number of votes for Trustees of said town, who shall, within two days thereafter, duly qualify and enter upon the discharge of the duties of their office, and hold their office until their successors are duly elected and qualified. Sec. 34. The statutes of this State now in force, so far as the same are applicable, shall apply to the election provided for in the foregoing section. Sec. 35. In case a majority of the votes cast at the election provided for in section thirty-three shall be For incorporation, the persons elected thereat as Trustees shall, within two days after receiving their certificates of election, hold a meeting and regularly organize, by the election of a President and Clerk, and shall at the same meeting divide the said town into either two or four wards; and in case they divide the said town into two wards, at the next annual election under this Act two of the Trustees provided for herein shall be elected from one of said wards and two from the other, and one from the town at large; but in case said Trustees divide said town into four wards, then, at the next annual election held under this Act, one of said Trustees shall be elected from each of said wards, and one from the town at large. |
This Act to be submitted to the electors.
Board.
Statutes in force.
Wards and Trustees. |
κ1877 Statutes of Nevada, Page 108 (CHAPTER 60)κ
|
|
into four wards, then, at the next annual election held under this Act, one of said Trustees shall be elected from each of said wards, and one from the town at large. |
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Appropriation made.
Controller to draw warrant. |
Chap. LXI.An Act for the payment of the claim of Doctors Langdon and Clark, for the keeping, maintenance, and support of Mrs. Margaret Mott, an indigent insane person.
[Approved March 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eleven hundred and thirty-five dollars and twenty-eight cents is hereby appropriated out of any money in the General Fund of the State not otherwise appropriated, for the payment of the claim of Doctors Langdon and Clark, for the keeping, maintenance, and support of Mrs. Margaret Mott, an indigent insane person. Sec. 2. That the State Controller is hereby directed to draw his warrant for said sum of eleven hundred and thirty-five dollars and twenty-eight cents in favor of Doctors Langdon and Clark, and the State Treasurer is hereby directed to pay the same out of the appropriation herein made. |
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Claim authorized. |
Chap. LXII.An Act to authorize the County Commissioners of Elko County, Nevada, to pay the claim of James M. Mateer.
[Approved March 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Elko County, in the State of Nevada, are hereby authorized to allow the claim of James M. Mateer, in the sum of two hundred and sixty-five dollars and fifty cents ($265 50), amount claimed by him for witness fees and traveling expenses in the case of the People of the State of Nevada against John W. Nelson; and, upon said allowance by the said County Commissioners, the County Treasurer of said Elko County is hereby authorized to pay the same. |
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κ1877 Statutes of Nevada, Page 109κ
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Chap. LXIII.An Act to repeal an Act entitled An Act to regulate the Fire Department of the City of Virginia, approved February twentieth, eighteen hundred and sixty-four.
[Approved March 1, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act to regulate the Fire Department of the City of Virginia, approved February twentieth, eighteen hundred and sixty-four, is hereby repealed. |
Act repealed. |
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Chap. LXIV.An Act making appropriations for the support of the civil government of the State of Nevada for the thirteenth and fourteenth fiscal years.
[Approved March 1, 1877.]
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 thirteenth and fourteenth 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 the 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 Nevada Supreme Court Reports, six thousand four hundred dollars. |
Appropriations. |
κ1877 Statutes of Nevada, Page 110 (CHAPTER 64)κ
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Same. |
For preparation of Nevada Reports for publication, fourteen hundred dollars. For furnishing fuel, lights, preparing legislative halls, and preparing furniture for the ninth session of the State Legislature, to be expended under the direction of the Board of State Capitol Commissioners, fifteen hundred dollars. 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 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, seventy-five thousand dollars. For payment of rewards offered by the Governor, five thousand dollars. For copying and indexing laws by the Secretary of State, five hundred dollars. For copying and indexing journals of the eighth session, five hundred dollars. For stationery, fuel, lights for State officers and the State Capitol building, to be expended under the direction of the Board of State Capitol Commissioners, seven thousand dollars. For insurance of State Library and Capitol building, to be expended under the direction of the Board of State Capitol Commissioners, two thousand five hundred dollars. For pay of two porters and one night watchman for State Capitol, to be expended under the direction of the Board of State Capitol Commissioners, seven thousand dollars. For improving and keeping up Capitol grounds, to be expended under direction of the Board of State Capitol Commissioners, three thousand dollars. For prosecuting delinquents of infraction of revenue laws and enforcing the collection of the revenue, to be expended under the direction of the State Controller, three thousand dollars. For extra clerical services in the office of State Controller, two thousand dollars; and the Controller is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation. For extra clerical services in the office of State Treasurer, one thousand dollars; and the State 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 the office of the Secretary of State, two thousand dollars; and the Secretary is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation. For State printing, paper, and official advertisements, and pay of the expert, to be expended under the direction of the Board of State Printing Commission, forty thousand dollars. For support and conducting the Orphans Home, to be expended under the direction of the Board of Directors, twenty-six thousand dollars. |
κ1877 Statutes of Nevada, Page 111 (CHAPTER 64)κ
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pended under the direction of the Board of Directors, twenty-six thousand dollars. For building an addition and repairing the Orphans Home, to be expended under the direction of the Board of Directors, thirty-five hundred dollars. For the support and education of the deaf, dumb and blind, and their transmission to and from the institution, four thousand dollars. For storage and transportation of State property, five hundred dollars. For traveling expenses of State Mineralogist, sixteen hundred dollars. For traveling expenses of Superintendent of Public Instruction, sixteen hundred dollars. For current expense appropriation, to defray the telegraphic, postage, and contingent expenses of the several State officers, Supreme Court and State Library, and for transportation of books and documents, to be expended under the direction of the Board of State Capitol Commissioners, ten thousand dollars. For the support of Nevada State Prison, including the salary of Warden, Deputy Warden, payment for services of Chaplain, and for transportation of convicts, and for purchase of material for carrying on industries at the prison, one hundred and seventy-five thousand dollars. For pay of Deputy Register, draftsmen, purchase of maps and charts, and expense of selecting lands in State Registers office, ten thousand dollars, to be paid out of the State School Fund. For contingent expenses of the Board of Examiners, six hundred dollars. For support of State University, to be expended under the direction of the Board of Regents, twelve thousand dollars. For pay of Clerk in State Library, three thousand six hundred dollars. For payment of attorneys at Washington, D. C., for looking after State land interests, one thousand five hundred 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. |
Same.
Sworn statement to be made relative to disbursements.
Not to apply to specific appropriations. |
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κ1877 Statutes of Nevada, Page 112κ
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Reports, by whom and in what manner to be published
Price per volume. |
Chap. LXV.An Act to provide for the republication and stereotyping of certain volumes of the Reports of the decisions of the Supreme Court.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be published, by the publishers of the current volumes of Nevada Supreme Court Reports, from time to time, under the direction and by the approval of the Supreme Court, all volumes of the Reports of the decisions of said Court which shall be out of print, or so nearly so as to make the republication thereof, in the opinion of the Court, advisable; and such republication shall be edited by such person, learned in the law, as shall be selected or approved by said Court, and in such manner, and with such reduction of the number of volumes as said Court shall, by its order, direct; the entire cost of such editing to be paid by the publishers, and the numbers and pages of the present volumes to be preserved in such new edition; and the plates of all such volumes of Reports as shall be republished under this Act shall be stereotyped, and four hundred copies of each volume thereof, the same to be of the same style and quality as to paper and binding as volume ten of Nevada Reports, and to contain seven hundred and fifty pages or more, as the Supreme Court may determine, shall be delivered to the Secretary of State. And upon furnishing to the Secretary of State such copies, and satisfactory proof of having stereotyped the plates of such volumes, the said publishers shall receive from the State the price of two dollars and fifty cents ($2 50) per copy for each volume of Nevada Reports so republished and furnished to the State, to be audited by the State Board of Examiners, and paid by the State Treasurer, on the warrant of the State Controller, out of any money not otherwise appropriated; provided, that when two volumes of said Reports shall be printed and bound in one volume, by direction of the Supreme Court, the price to be paid by the State shall be five dollars ($5) per copy; and, provided further, that the said publishers shall enter into a contract, to be approved by the Justices of the Supreme Court, and filed in the office of the Secretary of State, stipulating that they will faithfully perform all the acts and conditions in this Act required to be performed by them, and particularly will, at all times, keep for sale, and sell to the State of Nevada, and to the residents of the State, copies of the volumes to be so republished, at the rate herein fixed; and said publishers shall give bonds for the fulfillment of said contract, in the sum of ten thousand dollars, which bond shall be filed with the Secretary of State and approved by the Justices of the Supreme Court, or a majority thereof. Sec. 2. The said publishers shall sell said volumes at a price not exceeding two dollars and fifty cents ($2 50) per volume for each and every volume of Nevada Reports so republished, to all residents of this State, and no greater price shall be demanded or received by them, or their agents or assigns, or either of them. |
κ1877 Statutes of Nevada, Page 113 (CHAPTER 65)κ
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demanded or received by them, or their agents or assigns, or either of them. Sec. 3. The Secretary of State is hereby authorized to sell any copies of the volumes to be so republished, which the State may now have on hand exceeding fifty copies of each volume, which he shall retain for the use of the State, at the rate of two dollars and fifty cents ($2 50) per volume. Sec. 4. It shall be the duty of the Secretary of State, upon the republication of these Reports as herein provided, to ascertain to whom the early Reports have been supplied, as per Act of February twentieth, eighteen hundred and seventy-five, and supply, when he finds deficiencies, the following parties, with all the Reports of the Supreme Court of Nevada: To each State and Territory, one copy; to each of the heads of departments at Washington, one copy; to the library of Congress and the Nevada State Library, two copies; to each of the United States Circuit and District Courts in the States of Nevada, California, and Oregon, one copy; to each State officer, Justice of the Supreme Court, Clerk of the Supreme Court, District Judge, District Attorney, County Clerk, and Justice of the Peace in this State, one copy; and to each public library and literary association within this State, one copy. He shall, also, from time to time, distribute said Reports to such literary and scientific institutions, publishers, and authors as, in his opinion, may secure an interchange of works which may be properly 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; provided, that no distribution shall be made to any party or parties outside of the State when there may be less than one hundred copies of any given volume on hand. Sec. 5. 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. 6. All volumes of Reports republished under this Act, except volumes one and two, shall contain a brief citation of the points made and authorities cited by the attorneys. Sec. 7. All Acts and parts of Acts inconsistent with this Act are hereby repealed. |
Secretary of State to supply certain parties with Reports.
Remaining copies.
Reports to be turned over.
Citations.
Acts repealed. |
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κ1877 Statutes of Nevada, Page 114κ
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Actions for the recovery of real property.
Six years.
Four years.
Three years.
Two years |
Chap. LXVI.An Act to amend An Act amendatory of and supplementary to an Act entitled An Act defining the time of commencing civil actions, approved November twenty-first, one thousand eight hundred and sixty-one; and to repeal Acts amendatory of said Act, approved March fifth, one thousand eight hundred and sixty-seven.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act, approved March fifth, one thousand eight hundred and sixty-seven, is hereby amended so as to read as follows: Section Five. Actions other than those for the recovery of real property, can only be commenced as follows: Within six years: First-An action upon a judgment, or decree of any Court of the United States, or of any State or Territory within the United States. Second-An action upon a contract, obligation, or liability, founded upon an instrument in writing, except those mentioned in the preceding section. Within four years: First-An action on an open account for goods, wares, and merchandise sold and delivered. Second-An action for any article charged in a store account. Third-An action upon a contract, obligation, or liability, not founded upon an instrument in writing. Within three years: First-An action upon a liability created by statute, other than a penalty or forfeiture. Second-An action for trespass upon real property. Third-An action for taking, detaining, or injuring any goods or chattles, including actions for the specific recovery of personal property. Fourth-An action for relief on the ground of fraud; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. Within two years: First-An action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. Second-An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or an individual and the State, except when the statute imposing it prescribes a different limitation. Third-An action for libel, slander, assault, battery, or false imprisonment. Fourth-An action upon a statute for a forfeiture or penalty to the State. Fifth-An action against a Sheriff, or other officer, for the escape of a prisoner arrested or imprisoned on civil process. Sec. 2. The time in section one of this Act shall be deemed to date from the last transaction, or the last item charged, or last credit given. |
κ1877 Statutes of Nevada, Page 115 (CHAPTER 66)κ
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to date from the last transaction, or the last item charged, or last credit given. Sec. 3. The provisions of this Act shall not effect [affect] any transactions already barred by the statute, or existing contracts or obligations made and incurred prior to the passage of this Act, but the same shall be governed in accordance with the provisions of law in force at the date they were contracted or incurred. |
Time, how reckoned. Not to affect transactions already barred. |
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Chap. LXVII.An Act to provide for the purchase of certain supplies for State officers and attaches of the Legislature.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Examiners is hereby constituted ex officio a Furnishing Board, with the powers and duties hereinafter specified. Sec. 2. It shall be the duty of said Board, as often as it shall become necessary, to advertise, for thirty days, in one daily newspaper published in Virginia City, one daily newspaper published in Carson City, one daily newspaper published in Reno, Nevada, and one daily newspaper published in San Francisco, California, for sealed proposals to furnish stationery, blank books, and such other articles necessary for the use of said State and legislative officers as are entitled thereto, or any of them; and said Board shall specify in said advertisement the amount and kinds of each article desired, samples or minute descriptions of which shall accompany and be deposited with the sealed proposals for furnishing the same, in the office of the Secretary of State; and all proposals received, as aforesaid, shall be opened and compared by said Board, any two of whom shall constitute a quorum, at the Secretary of States office, at twelve oclock m. of the day specified in the said advertisement; and the said Board shall then and there award the contract for furnishing said supplies, or any of them, to the lowest bidder, whose sealed bid shall be accompanied by a bond, with two or more sureties, in the sum of $____, the sum to be not less than twice the amount of the value of the articles to be supplied, payable to the people of the State of Nevada, conditioned that if the bidder shall receive the award of said contract he will, in twenty days thereafter, deliver the supplies or articles for which he has been awarded the contract; provided, that in their said advertisement said Board may classify said supplies and articles, and may receive bids and award contracts for such separate articles or class of supplies as they shall deem the lowest and best; provided further, that said Board may require any class or articles of said supplies to be delivered in installments; provided further, that any and all bids which shall be deemed too high by said Board may be declined, |
Furnishing Board.
Board to advertise.
Lowest bidder.
Bonds.
Proviso. |
κ1877 Statutes of Nevada, Page 116 (CHAPTER 67)κ
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All bids may be declined. May buy in open market.
Duties of Secretary.
Inventories.
Legislative stationery.
Expenses.
Proviso.
Stationery, how issued to Legislature. |
Board may be declined, in which case said Board shall again advertise for sealed proposals to furnish the classes or articles of supply so declined, and so on for the same cause, as often as it shall occur; and, provided further, that in such case said Board may purchase any articles or supplies for which bids have been rejected as aforesaid, in open market, and in amounts sufficient for immediate necessities, but at prices not exceeding the lowest prices in the bids rejected. Sec. 3. It shall be the duty of the Secretary of State, immediately after the passage of this Act, to take a full and complete inventory of all stationery, blank books, and other articles and supplies aforesaid, then on hand, and enter the same in a set of books to be kept for that purpose, making a separate account for each class of articles; and in like manner he shall enter in said books a detailed and classified account of all purchases of articles and supplies authorized by this Act, showing the amount and cost of each article and class of supplies purchased, the amount and cost of each class issued, amount and cost of each article and class issued to each State officer and attache of the Legislature, and amount and cost of each article and class on hand. He shall issue the supplies aforesaid only upon the requisition of the proper officer, and shall take a receipt for the same upon delivery, which requisition and receipt shall be filed and preserved in his office. Sec. 4. It shall be the duty of said Board, at the end of each fiscal year, and at such other times as they shall deem necessary, to cause an inventory to be taken of all the articles and classes of said supplies on hand and contracted for, and to make an examination of the amounts and vouchers appertaining to the same. Sec. 5. It shall be the duty of said Board, at least one month prior to the assembling of each Legislature, to advertise in accordance with section two of this Act, for a supply of stationery and such other articles as shall be sufficient for the use of the State officers and attaches of the Legislature, or necessary for the public service, and at the commencement of each session said Board shall report to the Legislature a full account of their receipts and expenditures and stock of supplies on hand. Sec. 6. The actual expenses incurred by said Board in executing the powers and discharging the duties prescribed and imposed in this Act, when certified by them, shall be audited by the Controller, and paid by the Treasurer out of any money which shall have been appropriated for that purpose; provided, nothing in this Act shall be construed as allowing salary or compensation to said Furnishing Board for any services performed under the provisions of this Act. Sec. 7. It shall be the duty of the Secretary of the Senate and Chief Clerk of the Assembly, as often as it shall become necessary, to make requisitions upon the Secretary of State for such stationery, etc., as they shall deem necessary for the use of the Legislature and all committees of the same, and for which, upon delivery, they shall give their receipts to the Secretary of State. And it shall be the duty of the Secretary of the Senate and Chief Clerk of the Assembly, to issue all stationery to the several officers of their respective Houses as are entitled thereto, taking their receipts for the same. |
κ1877 Statutes of Nevada, Page 117 (CHAPTER 67)κ
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stationery to the several officers of their respective Houses as are entitled thereto, taking their receipts for the same. Sec. 8. At the close of each session of the Legislature hereafter, it shall be the duty of each attache of the Legislature drawing supplies as above provided, to return to the officer from whom such supplies were drawn, all articles in his possession belonging to the State. The State Controller is hereby required to withhold the last weeks warrant of all attaches until they present a certificate from the Secretary of State to the effect that the property of the State (or so much thereof as has not been necessarily consumed in the discharge of the duties of their office), for which he holds receipts, has been returned to his custody. Sec. 9. All Acts or parts of Acts in conflict with any of the provisions of this Act are hereby repealed. |
Surplus to be returned.
Acts repealed. |
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Chap. LXVIII.An Act to amend an Act entitled An Act to incorporate Carson City, approved February twenty-fifth, eighteen hundred and seventy-five.
[Approved March 2, 1877.]
The People of the [State of] Nevada, represented in Senate [and] Assembly, do enact as follows:
Section 1. Section ten of the above entitled Act is hereby amended so as to read as follows: Section Ten. The Board of Trustees shall have the following powers: First-To institute and maintain any suit or suits of said city in the proper Court or Courts, whenever in their judgment necessary, to enforce or maintain any right or rights of said city; and they may, in like manner, defend all actions brought against said city. Second-They shall annually levy a tax of not less than one quarter of one per cent, and not exceeding one per cent, on all the assessed value of all real and personal property situate in said city, and by law made taxable for State and county purposes. Third-To lay out, extend, and change the streets and alleys in said city, and provide for the grading, draining, cleansing, widening, lighting, or otherwise improving the same; also to provide for the construction, repair, preservation, grade, and width of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets, alleys, sidewalks, drains, and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost, or any part thereof, of improving any street, or repairing or building any sidewalk, to the owner or owners of the property in front of which said street or sidewalk, or proposed sidewalk, is or will be, and may make such cost of building, repairing, or improvement a lien upon such property; |
Powers of the Board. Suits.
Taxes.
Streets.
Proviso. |
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Lien.
Fires.
Gunpowder.
Nuisances.
Licenses.
Issue Licenses.
Police. Property. |
improvement a lien upon such property; provided, further, that said cost of building, repairing, or improving any street or sidewalk which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is or will be, shall not exceed ten per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, or repairing or improving the same, as the case may be. Fourth-To condemn property for the use of said city in the manner hereinafter provided. Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate, and disband fire or hose companies in said city. Sixth-To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city. Seventh-To determine, by ordinance, what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal, and prevention of the same. Eighth-To fix and regulate a license upon, and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix, regulate, and collect a license tax upon, and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, saloons, barrooms, bankers, brokers, gold dust or bullion dealers, manufacturers, livery stables, livery stable keepers, express companies, persons, or corporations engaged in carrying letters or packages, stage companies, or the owners of stages or stage lines having an office, agency, or place of business in said city; to license, tax, and regulate auctioneers and stockbrokers within said city; to license, tax, and regulate or prohibit all tippling houses, dram shops, saloons, and raffles; and license, tax, and regulate, all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of this State), pawnbrokers, refreshment and coffee stands, booths, and sheds within said city; to regulate or prohibit prostitution, houses of ill-fame, unlicensed and disorderly houses, gaming houses and hurdy-gurdy houses, or dance houses, within said city; to levy and collect an annual per capita tax on all dogs in said city, and provide for the destruction of all dogs on which such tax shall not have been paid, and to prevent all other animals from running at large in said city; and to fix and have collected a license tax on all trades, professions, and classes of business carried on in said city and not hereinbefore specified. Ninth-To provide for the issuance of all licenses in this Act specified, or permitted to be issued, and to fix the amount thereof, and the times for which, and the terms upon which the same shall be issued. Tenth-To punish, restrain, and prevent any disorderly conduct within said city. Eleventh-To hold, manage, use, and dispose of, all real and personal property of said city, and enforce the collection of all dues and demands belonging or inuring to said city; but no sale of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value. |
κ1877 Statutes of Nevada, Page 119 (CHAPTER 68)κ
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of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value. Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city, adopted by said Board of Trustees, to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment, after conviction, may be made to work during the term of such imprisonment on any public work of said city; provided, that nothing herein contained shall be so construed as to authorize the formation of a chain-gang in said city. Thirteenth-To adopt or pass all ordinances, resolutions, rules, and orders, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act; and to audit and allow all claims properly payable out of the Treasury of said city; provided, said Board shall not have the power to audit or allow any claim whatsoever, unless there be sufficient funds in the City 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, 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 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 of the city, to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property 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 or 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 the Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is so to be condemned will be of any benefit to the persons owning or claiming the said property or some interest therein; |
Penalties.
Ordinances.
Property, how condemned. |
κ1877 Statutes of Nevada, Page 120 (CHAPTER 68)κ
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Police.
Ordinances. |
to the persons owning or claiming the said property or some interest therein; and if they find the same will be of any 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 the Board of Trustees shall from time to time determine, who shall be under the direction and control of the Marshal, as head of the police force of said city; but such appointment shall be of no validity whatever until the same shall have been approved by said Board of Trustees; and said Board of Trustees shall have power to remove any such policeman from office, at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have been passed upon finally. Sec. 2. Section twenty-five of said Act is hereby amended so as to read as follows: Section Twenty-five. 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. The style of all process shall be The City of Carson. |
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Appropriation made.
Controller to draw warrant. |
Chap. LXIX.An Act to provide for the payment of certain claims against the State of Nevada therein mentioned.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of ten thousand two hundred and sixty-four dollars and twenty cents ($10,264 20), in United States gold coin, is hereby appropriated out of any moneys in the State Treasury not otherwise specifically appropriated, for the payment of the claims of E. B. Rail, A. B. Driesbach, and A. W. Pray, for work and labor done and materials furnished in and about the construction of the State Capitol, and for the payment of the several amounts due and unpaid on the various claims audited and allowed by the State Board of Examiners, under the provisions of an Act entitled An Act to provide for the payment of outstanding and unsatisfied claims for labor performed, money or materials furnished, services rendered, and necessary expenses incurred in and about the construction and completion of the State Capitol, at Carson City, approved March sixth, eighteen hundred and seventy-one. Sec. 2. It shall be the duty of the Controller of State to draw his warrants on the State Treasurer in favor of the said claimants as follows, to wit: E. B. Rail, one thousand two hundred and twenty dollars and ninety-five cents ($1,220 95); A. B. Driesbach, two hundred and thirty-six dollars and sixty-one cents ($236 61); |
κ1877 Statutes of Nevada, Page 121 (CHAPTER 69)κ
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cents ($236 61); A. W. Pray, five hundred and forty-six dollars and eighty-one cents ($546 81). Sec. 3. It shall be the duty of the Clerk of the State Board of Examiners to prepare from the records of the Board, a true and accurate list of the claims against the State of Nevada on account of the construction and completion of the State Capitol, which were audited and allowed by the State Board of Examiners, and paid pro rata under the provisions of the said Act of March sixth, eighteen hundred and seventy-one, mentioned in section one of this Act, as appears in the report of the Controller of the State, in the Appendix to the Senate Journal of the sixth session, showing the name of the claimants, the amount of each claim allowed, the amount paid on each claim, and the amount remaining unpaid on each claim, which said amounts, together with two years interest thereon at the rate of ten per cent. per annum, shall be placed opposite the names of the said claimants respectively, a copy of which list, signed by the State Board of Examiners, and certified by the Clerk to be true and correct, as shown by the records on file, shall be deposited in the offices, each, of the Controller of State and of the State Treasurer. Sec. 4. It shall be the duty of the Controller of State, on the application of any claimant, or his legal representative, whose name appears on the list mentioned in section three of this Act, to draw his warrant on the State Treasurer in favor of such claimant, or his legal representative, for the amount due and unpaid on his claim, with interest thereon at the rate of ten per cent. per annum for the term of two years, as shown by said list. Sec. 5. It shall be the duty of the State Treasurer to pay the warrants in this Act authorized and provided for, in the order of their registry, out of any moneys in the State Treasury not otherwise specifically appropriated. Sec. 6. On the expiration of six months from the passage of this Act, it shall be the duty of the Controller of the State to furnish the State Treasurer a statement in writing of all warrants drawn and issued under the provisions of this Act; and any portion of said ten thousand two hundred and sixty-four dollars and twenty cents ($10,264 20) in this Act appropriated, for which warrants have not been drawn, shall revert to the General Fund in the State Treasury, and thereafter no further warrants shall be drawn under the provisions of this Act, and all claims in this Act provided for shall be forever barred. |
Clerk to prepare list.
Duty of Controller
Duty of Treasurer.
Surplus to revert to General Fund. |
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κ1877 Statutes of Nevada, Page 122κ
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Preamble.
Appropriation made.
Controller to draw warrant.
Money appropriated. |
Chap. LXX.An Act to provide for payment to Peter Cavanaugh, for expenditures of money made by him for the completion of the State Capitol of Nevada.
[Approved March 2, 1877.]
Whereas: By Act of the Legislature of the State of Nevada, entitled An Act to provide for the payment of outstanding and unsatisfied claims for labor performed, money or material furnished, services rendered, and necessary expenses incurred in and about the construction and completion of the State Capitol, at Carson City, approved March sixth, eighteen hundred and seventy-one, it was provided that Peter Cavanaugh should be allowed a sum not exceeding six thousand (6,000) dollars for expenditures incurred by him, for money expended, and services performed by him in the construction and completion of the State Capitol of Nevada; And Whereas: Said Peter Cavanaugh was compelled to expend the said sum of six thousand dollars so appropriated for him, and more, by reason of the failure of the Commissioners to comply with their part of the contract for the erection of said building, and by reason of the numerous and important changes in the original plans of said building, made by the said Commissioners, and for the purpose of completing said building, so as to enable the parties who had furnished labor and material and expended money in and about the construction of said building, to obtain the payment of the same; And Whereas: The said Peter Cavanaugh has not received any benefit from the said Act appropriating said sum of six thousand dollars, for his own use, in consequence of his having to expend said sum, and more, in the construction and completion of the said building, so changed from the original plan as above stated; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That Peter Cavanaugh having expended the sum of six thousand (600[0]) dollars, by reason of changes in the construction of the State Capitol of Nevada, authorized and required by the Board of State Capitol Commissioners, the sum of six thousand (6,000) dollars is hereby appropriated to reimburse him for said ordinary [extraordinary] expenditure. Sec. 2. That the Controller of State is hereby authorized and directed to draw his warrant upon the Treasurer of State, in favor of said Peter Cavanaugh, for the sum of six thousand (6,000) dollars, and the Treasurer of State is hereby directed to pay the sum out of any money in the General Fund not otherwise specifically appropriated. Sec. 3. The sum of six thousand (6,000) dollars is hereby appropriated for the payment of said warrant, out of any money not otherwise specifically appropriated. |
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Chap. LXXI.An Act for the relief of Edward Laban.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six hundred and eighty-five dollars is hereby appropriated to pay Edward Laban for the value of certain horses captured from him by escaped prisoners from the Nevada State Prison at the time of the break in September, eighteen hundred and seventy-one. Sec. 2. The State Controller is hereby directed to draw his warrant upon the General Fund for said sum of six hundred and eighty-five dollars, in favor of said Edward Laban, in full satisfaction for said claim and the value of said horses, and the State Treasurer is required to pay the same. |
Appropriation made.
Controller to draw warrant, etc. |
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Chap. LXXII.An Act authorizing District Judges to appoint Court Commissioners, defining their duties, and providing fees for the same.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The District Judges may appoint for each county of their respective districts, where the voters exceed five thousand, a Commissioner, to be designated as Court Commissioner of the county. Sec. 2. Every such Commissioner has power: First-To hear and determine ex parte motions for orders and writs (except orders or writs of injunction) in the district of the county for which he is appointed. Second-To take proof and report his conclusions thereon, as to any matter of fact (other than an issue of fact raised in the pleadings) upon which information is required by the Court, but any party to the proceedings may except to such report within four days after written notice that the same has been filed, and may argue his exceptions before the Court, on giving notice of motion for that purpose. Sec. 3. To take and approve bonds and undertakings whenever the same may be required in actions or proceedings in such district and county, and to examine the sureties thereon when exception has been taken to their sufficiency, and to administer oaths and affirmations and take affidavits and depositions in any action or proceedings in any of the Courts of this State, or in any matter or proceeding whatever. Sec. 4. Said Court Commissioners shall be entitled to charge and receive for their services the following fees, to wit: For hearing and determining every ex parte motion for an order or writ, five dollars. |
Commissioner may be appointed
Powers and duties.
May administer oaths, etc.
Fees allowed. |
κ1877 Statutes of Nevada, Page 124 (CHAPTER 72)κ
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hearing and determining every ex parte motion for an order or writ, five dollars. For hearing and determining such contested motions or issues of law or fact as may be referred to them, or for taking proof upon or determining any matter of fact upon which information may be required by the Court, five dollars. For every day spent in business of the reference in such case for examining into the qualifications of sureties on bonds or undertakings when an exception has been taken to their sufficiency, five dollars. For taking and certifying every affidavit, and for the approval of every bond or undertaking, one dollar; and for taking and certifying depositions, twenty-five cents per folio. Said fees to be paid by the party by whom or at whose instance the matter may be brought before the said Commissioners, or if referred by the judge of said Court, without motion from either party, or if by the consent of parties, then by the plaintiff, and the fees so paid to be taxed with the costs against the losing party. Such Court Commissioner shall have the right to demand his fees as aforesaid at the time the services are performed, and may retain any and all papers in cases where such fees have not been paid, until the same are paid. |
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Act repealed.
Not to be published |
Chap. LXXIII.An Act to repeal an Act entitled An Act to authorize the Board of County Commissioners of Storey County to issue bonds for certain purposes, and to provide for the payment of the same, approved January twenty-ninth, eighteen hundred and seventy-seven.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act to authorize the Board of County Commissioners of Storey County to issue bonds for certain purposes, and to provide for the payment of the same, approved January twenty-ninth, eighteen hundred and seventy-seven, is hereby repealed. Sec. 2. The Secretary of State is hereby directed and required to exclude from publication in the volume of laws to be published of the eighth session of the Nevada Legislature, the Act hereby repealed. |
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