Chapter I.–An Act to Create a Legislative Fund.

[Approved January 7, 1881.]

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 specially appropriated, the sum of seventy-five thousand dollars, which shall constitute a fund to be nominated the State Legislative Fund.

      Sec. 2.  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 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.

State Legislative Fund created.

How disbursed.

Governor to procure and have engraved a block for Washington monument.

Appropriation.

Chap. II.–An Act to Provide for Procuring a Tablet to Represent the State of Nevada in the Washington Monument.

[Approved January 24, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The Governor of the State of Nevada, John H. Kinkead, is hereby authorized to procure a block of suitable material for presentation to the Washington Monument Association, and have the Coat of Arms of the State of Nevada engraved thereon, and such other embellishments as he may deem necessary to properly represent the State of Nevada, with others, in that portion of the monument set apart for such purpose.

      Sec. 2.  The sum of three hundred dollars is hereby appropriated for that purpose, and the State Controller is hereby directed to draw his warrant in favor of John H. Kinkead for that amount, and the State Treasurer is hereby authorized and instructed to pay the same out of any moneys in the General Fund of this State not otherwise specifically appropriated.

Appropriation for deficiencies.

Care of deaf, dumb and blind.

Orphans’ Home.

Chap. III.–An Act to Pay the Deficiencies in the Appropriations for the Fifteenth and Sixteenth Fiscal Years.

[Approved January 24, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of twenty-eight thousand three hundred and fifty-one dollars and twenty cents is hereby appropriated out of any money in the General Fund of this State for the payment of the deficiencies in the appropriations for the fifteenth and sixteenth fiscal years, as follows:

      For the deficiencies in the appropriation for the care of the deaf, dumb, and blind:

      To W. Wilkinson, one hundred and fifty-two dollars and sixty-four cents.

      For deficiencies in the appropriation for the support of the Orphans’ Home:

      To H. Cook, two dollars and seventy-eight cents.

      To J. H. Mills, one hundred and twenty-five dollars.

      To T. J. Lamouraux, seven dollars and ten cents.

      To Mrs. J. H. Mills, one hundred and twenty-five dollars.

      To Miss A. S. Harris, seventy-five dollars.

      To Maggie Daig, forty-five dollars.

      To Harris Brothers, two hundred and fifty-one dollars and twenty-six cents.

      To James Duffy, eighteen dollars.

      To J. H. Gies, twelve dollars and eighty-two cents.

      To John Rosser, one hundred and forty-nine dollars and sixty cents.

      To M. Cohen, sixteen dollars and sixty-one cents.

      To E. B. Rail, nine dollars and ninety cents.

      To G. T. Davis, one dollar and fifty cents.

      To G. C. Thaxter, thirty-five dollars and twenty-five cents.

      To Mrs. J. H. Mills, one hundred and twenty-five dollars.

      To Miss A. S. Harris, seventy-five dollars.

      To Miss Maggie Daig, forty-five dollars.

      To Mrs. Blakeley, forty-five dollars.

      To Mrs Quinn, thirty dollars.

      To Harris Brothers, two hundred and forty-four dollars and fifty-three cents.

      To James Duffy, thirteen dollars and fifty cents.

      To J. M. Benton, four dollars and forty-three cents.

      To P. A. Wagner, one dollar and seventy-five cents.

      To “Morning Appeal,” five dollars.

      To J. H. Mills, one hundred and twenty-five dollars.

      To J. H. Mills, thirty-six dollars and sixty-three cents.

      To Mrs. J. H. Mills, one hundred and twenty-five dollars.

      To Miss A. S. Harris, seventy-five dollars.

      To Mrs. Blakeley, forty-five dollars.

      To Maggie Daig, forty-five dollars.

      To Mrs. Quinn, thirty dollars.

      To Harris Brothers, four hundred and fifteen dollars and sixty-five cents.

      To Nevada State Prison, forty-four dollars.

      To P. Cavanaugh, thirty-three dollars and forty-one cents.

      To G. W. Kitzmeyer, twelve dollars.

      To F. Boskowitz, fifteen dollars and seventy-five cents.

      To A. Lilienfeld, five dollars and twenty cents.

      To George T. Davis, four dollars and fifty cents.

      To J. H. Mills, one hundred and twenty-five dollars.

      To J. H. Mills, two hundred and five dollars and fifty cents.

      To Mrs. J. H. Mills, one hundred and twenty-five dollars.

      To Mrs. J. H. Mills, twenty-one dollars.

      To D. R. Sessions, twenty-five dollars.

      To D. R. Sessions, twelve dollars.

      To Miss A. S. Harris, seventy-five dollars.

      To Maggie Daig, forty-five dollars.

      To Mrs Blakeley, forty-five dollars.

Indigent insane.

Printing, etc.

      To Mrs. Quinn, forty-five dollars.

      To Harris Brothers, one hundred and seventy-one dollars.

      To John Rosser, two hundred and twenty-one dollars and twenty cents.

      To S. Longabaugh, three hundred and fifty-eight dollars and forty-three cents.

      To J. W. Fox, M. D., eighty-six dollars and fifty cents.

      To P. Cavanaugh, seven dollars and seventy cents.

      To E. M. Hunt, forty-five dollars and fifty cents.

      To G. C. Thaxter, eleven dollars and twenty cents.

      To E. B. Rail, fifty-eight dollars and seventy-seven cents.

      To Vucanovich Brothers, thirty-two dollars and eighty-seven cents.

      To Olcovich Brothers, ten dollars and fifty-seven cents.

      For deficiencies in the appropriation for the support of the indigent insane:

      To Doctors Langdon and Clark, three thousand five hundred and seventy dollars and thirty cents.

      To R. H. Wright, twenty-five dollars.

      To W. A. Walker, seventy-nine dollars.

      To W. A. Walker, seventy-nine dollars.

      To Doctors Langdon and Clark, four thousand four hundred and thirty-six dollars and eighty-five cents.

      To B. C. Thomas, one hundred and eighty-two dollars and twenty-five cents.

      To R. H. Wright, twenty-five dollars.

      To Doctors Langdon and Clark, four thousand five hundred and sixty-one dollars.

      To Mat Kyle, two hundred and five dollars and seventy-five cents.

      To Clem Ogg, one hundred and seventy dollars and fifty cents.

      To R. H. Wright, twenty-five dollars.

      To J. B. Fitch, one hundred and seventy-five dollars and twenty-five cents.

      To Charles Williamson, three hundred and three dollars and twenty-five cents.

      To H. B. Davison, two hundred and twelve dollars and twenty-five cents.

      To Doctors Langdon and Clark, four thousand four hundred and ninety-one dollars.

      To R. H. Wright, twenty-five dollars.

      To Doctors Langdon and Clark, four thousand four hundred and fifty-five dollars.

      For deficiencies in the appropriation for State printing and official advertisements:

      To “Enterprise Publishing Company,” seventy dollars.

      To R. L. Fulton, seventy dollars.

      To D. E. McCarthy, fifty-five dollars.

      To “Lyon County Times,” fifty-five dollars.

      To A. Maute, forty-two dollars and fifty cents.

      To G. M. Smith, forty-two dollars and fifty cents.

      To M. M. Glenn, forty-two dollars and fifty cents.

      To Forrest & Davis, forty-two dollars and fifty cents.

      To “Record Publishing Company,” forty-two dollars and fifty cents.

      To “Genoa Courier,” thirty-five dollars.

      To J. E. Anderson, twenty dollars.

      To A. Zeehandalaar, ten dollars.

      To C. C. Powning, forty dollars.

      To “Morning Appeal,” forty-two dollars and fifty cents.

      To “Enterprise Publishing Company,” forty-four dollars.

      To E. J. Parkinson, three dollars.

      To J. M. Dormer, thirty-two dollars and twenty-five cents.

      To “Carson Times,” five dollars and fifty cents.

      To M. M. Robinson, twenty-nine dollars.

      To M. M. Robinson, fifty-five dollars.

      To J. J. Hill, seventy dollars.

      To “San Francisco Chronicle,” one hundred and twenty-five dollars.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the persons named with the several amounts specified in Section One of this Act, and the State Treasurer is hereby directed to pay the same.

How paid.

Chap. IV.–An Act to Refund a Portion of the Bonded Debt of Elko County.

[Approved January 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  In order to provide for the payment of the outstanding bonds of Elko County, issued under the provisions of an Act authorizing the funding of the debt of Elko County, approved February 23, 1871, the Board of County Commissioners of said county are hereby authorized and directed to cause to be prepared suitable bonds, equal to the amount of said outstanding bonds, issued under the provisions of said Act; said bonds shall be of the denomination of five hundred dollars each, and each and every bond purport in substance that the County of Elko, State of Nevada, owes the holder thereof the sum expressed therein, bearing interest at the rate of eight per cent. per annum from the first day of January, 1881, to any period of time within twenty years from the first day of January, 1881;

County Commissioners of Elko County to prepare bonds, providing denomination.

Purport of bonds.

How signed, etc.

Coupons.

County Commissioners to negotiate sale of bonds, and proceeds applied.

Record of bonds to be kept.

Treasurer to create Interest Fund.

Tax levy.

Taxes, how applied.

1881; said bonds and interest shall be made payable in lawful money of the United States, and shall be signed by the Chairman of the Board of County Commissioners of said county, countersigned by the County Auditor, indorsed by the County Treasurer, and shall have the seal of the county annexed thereto.

      Sec. 2.  Coupons for the interest shall be annexed to each bond; said coupons shall be numbered consecutively, and shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer; said coupons shall be made payable at the office of the County Treasurer, commencing, for the first year, on the first Monday in January, 1882, and annually thereafter until the whole amount of said coupons and bonds are paid; upon payment of any of said coupons, the County Treasurer shall cancel and deliver the same to the County Auditor, to be by him filed in his office.

      Sec. 3.  It shall be the duty of the Board of County Commissioners, and they are hereby authorized, to negotiate the sale of the bonds herein provided for; said bonds shall be sold at the highest market price obtainable, in lawful money of the United States, and the proceeds derived from such sale shall be paid into the Sinking Fund of said county, as in this Act provided, to be used solely for redeeming said bonds, issued February 23, 1871.

      Sec. 4.  It shall be the duty of the Clerk of the Board of County Commissioners of Elko County to keep a record of all such bonds as may be issued under the provisions of this Act, showing the number, date, amount and to whom issued.

      Sec. 5.  After the sale of the bonds herein provided for, it shall be the duty of the County Treasurer to set apart a fund for the purpose of paying the principal and interest of said bonds as the same may become due, which fund shall be known as the Interest Fund, to create which there shall be levied and collected, in addition to the ordinary taxes for county purposes for the fiscal year, beginning January 1, 1881, and annually thereafter, until all the bonds issued under the provisions of this Act shall have been fully paid, both principal and interest, a special tax of five cents on each one hundred dollars of taxable property, including the tax on the net proceeds of the mines, said tax to be levied and collected at the same time and in the same manner as other revenues of said county; the funds derived from this tax shall be applied to the payment of interest accruing upon said bonds, as herein provided; provided, that should a surplus remain in said Interest Fund after the payment of the annual interest, it shall be applied to the payment of the principal, as herein provided for.

      Sec. 6.  The Treasurer of Elko County shall also set apart a fund to be called the Sinking Fund, into which shall be placed any and all surplus of the Interest Fund, which shall continue until the said Sinking Fund shall be sufficient for the payment of the bonds issued under the provisions of this Act, and when the same shall have been fully paid, principal and interest, all moneys remaining in the Sinking Fund shall be transferred to the General Fund of the county.

      Sec. 7.  If on the first Monday in January, 1882, or whenever on the first Monday in January annually thereafter, until the bonds issued under the provisions of this Act shall have been paid, there shall remain in said Interest Fund a surplus of five hundred dollars or more after payment of the annual interest, as in this Act provided, the County Treasurer of said county shall advertise in a newspaper published in Elko County, for the space of thirty days, for sealed proposals for the redemption of said bonds, said advertisement to specify the place, day and hour the said proposals will be opened.

      Sec. 8.  At the place and time specified the County Treasurer of said county shall open said proposals in the presence of the Chairman of the Board of County Commissioners and County Auditor, who shall pay such bonds presented at the lowest value which they may be proposed to be surrendered; provided, that no bid shall be received for more than the par value; and provided further, that if there be no sealed proposals made for the surrender of any of said bonds, it shall become the duty of the County Treasurer of said county to advertise in the manner and for the time as before mentioned, for the surrender of so many of said bonds as the amount of money in said Sinking Fund will pay, in their regular order as numbered, commencing with number one and continuing the payments in that order, according to their number; and in the event that the holder or holders of the said bonds or bonds in order of payment, as above provided, shall fail to present his or their bonds for payment at the time and place mentioned in said advertisement, then the said bond or bonds so advertised shall cease to bear interest from the time named in the advertisement for the payment of the same; provided, said Treasurer shall reserve in said Sinking Fund an amount sufficient to pay the principal of the bond so advertised when presented for payment.

      Sec. 9.  All necessary expenses incurred by the Board of County Commissioners of said county, in carrying out and executing the provisions of this Act, shall be paid out of the General Fund of said county.

      Sec. 10.  This Act shall take effect and be in force from and after its passage.

Treasurer to create Sinking Fund.

Surplus to be applied to the redemption of bonds.

Sealed proposals for redemption to be advertised for.

Bids to be opened, and manner of acceptance.

Treasurer’s duties.

Expenses, how paid.

Officers and employes of Senate.

Of Assembly.

Per diem of attaches.

Copying

Duties of attaches.

Chap. V–An Act Fixing the Number of Officers and Employes of the Senate and Assembly, to Define Their Duties and to Establish Their Pay.

[Approved January 27, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The officers and employes of the Senate shall consist of one Secretary, one Assistant Secretary, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, two Committee Clerks, one Porter, one Messenger, and two Pages.

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

      Sec. 3.  There shall be paid to the several officers and employes named in this Act, for all services rendered by them under the provisions of this Act, the following sums and no more: The Secretary of the Senate and Assistant Secretary of the Senate, the Chief Clerk of the Assembly and the Assistant Clerk of the Assembly, shall receive eight dollars per day; all other clerks of the two Houses, with the exception of Committee Clerks who shall receive five dollars per day, shall each receive seven dollars per day; to the Sergeant-at-Arms of the Senate, and to the Sergeant-at-Arms of the Assembly, each eight dollars per day; to the Assistant Sergeant-at-Arms of the Senate and of the Assembly, each five dollars per day; to the Porters of the Senate and Assembly each four dollars per day; to the Messengers each three dollars per day, and to the Pages each three dollars per day, and all writing required in the enrolling and engrossing departments of the two Houses shall be under the supervision of the Enrolling and Engrossing Committees, respectively, and shall be compensated at the rate of twelve and one-half cents per folio for engrossing, and twenty cents per folio for enrolling. All copying, in either House, for the printer, shall be under the supervision of the Public Printing Committee, and shall be compensated for at the rate of twelve and one-half cents per folio.

      Sec. 4.  It shall be the duty of the Secretary of the Senate to attend each day, call the roll, read the Journal and bills, to take charge of and superintend the copying of the Journals and all other copying necessary to be done for the Senate. It shall be the duty of the Chief Clerk of the Assembly to attend each day, call the roll, read the Journal and bills, to take charge of and superintend the copying of the Journals, and all other copying necessary to be done for the Assembly.

Assembly to attend each day, call the roll, read the Journal and bills, to take charge of and superintend the copying of the Journals, and all other copying necessary to be done for the Assembly. It shall be the duty of the Assistant Secretary of the Senate and the Assistant Clerk of the Assembly to take charge of all bills, petitions and other papers presented to their respective Houses, to file and enter the same in the books provided for that purpose and to perform such other duties as may be directed by the Secretary of the Senate and the Chief Clerk of the Assembly. It shall be the duty of the Minute Clerk of the Senate and the Minute Clerk of the Assembly to keep a correct record of the proceedings of each day for the purpose of having such proceedings recorded in the Journals by the Journal Clerks of their respective Houses. It shall be the duty of the Journal Clerk of the Senate to record each day’s proceedings in the Journal from which they shall be read by the Secretary each day of meeting in order that they may be authenticated by the signature of the President. It shall be the duty of the Journal Clerk of the Assembly to perform all similar duties for the Assembly which are required to be performed by the Journal Clerk of the Senate. It shall be the duty of the Sergeant-at-Arms of the Senate and Sergeant-at-Arms of the Assembly to give a general supervision, under the direction of the presiding officers, to the Senate and Assembly Chambers with the rooms attached, to attend during the sittings of their respective bodies, execute their commands, together with all such process issued by authority thereof, as shall be directed to them by their presiding officers, to keep an accurate account for paying mileage of members and prepare checks for the same; they shall receive no other compensation for their services beyond their per diem, except actual expenses incurred in arrests made by them, and for traveling expenses for themselves or special messenger, which expenses, so incurred, shall be paid from the Contingent Fund of their respective Houses; provided, that no messenger shall be employed by any officer of either House, unless expressly authorized so to do by the House of which he is an officer. It shall be the duty of the Assistant Sergeant-at-Arms of each House to perform the duties of door-keeper, prohibit all persons except members of the Legislature and State officers, employes and ladies, and such reporters as may have seats assigned them by the rules of each House, from entering within the bar of the House of which he is door-keeper, unless upon invitation, and to arrest for contempt all persons outside of the bar or in the gallery found engaged in loud conversation or otherwise making a noise to the disturbance of their respective Houses.

Payment of expenses of Sergeant-at-Arms in making arrests.

Legislative bills, records, etc., to be labeled after adjournment, and payment provided for.

Officers elected.

Removals from office.

No additional number to be appointed or elected.

Per diem to be paid from date of qualification.

An Act repealed.

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

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

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

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

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

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

      Sec. 11.  An Act entitled “An Act in Relation to Enrolling Laws, Resolutions and Other Documents,” approved March 13, 1867, is hereby repealed.

Chap. VI.–An Act to Amend an Act entitled “An Act Fixing the Salaries of the Various County Officers in the Several Counties in this State, and Other Matters Relating Thereto,” approved March 11, 1879.

[Approved January 28, 1881.]

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: From and after the first Monday in January, A. D. 1881, the following named officers of the several counties in this State shall receive the following annual salaries, to be paid in twelve equal payments, on the second Monday of each month, which shall be in full for all services and all ex officio services required of them.

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

      Section Twenty.  The several officers named in this Act shall, at the expiration of every month, make out and file with said Treasurer a full and accurate statement, under oath, of all fees, percentages, or compensations of whatever nature or kind, received in their several official capacities during the preceding month; also, a duplicate copy to the County Commissioners, in which statement they shall set forth the causes in which and the services for which such compensations were received, and it shall be the duty of each one of said officers to keep a book in which shall be entered by items every kind or description of services performed by them or their deputies, the time of rendering said services and the amount allowed by law for each particular service, which book or books shall be open to the inspection of the Board of County Commissioners and every citizen at all times.

County officers’ salaries to be paid monthly.

Statement of fees, etc., to be filed in duplicate.

Chap. VII.–An Act to Prohibit the Use of Firearms in Public Places.

[Approved January 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Any person in this State, whether under the influence of liquor or otherwise, who shall, except in necessary self-defense, maliciously, wantonly or negligently discharge or cause to be discharged any pistol,

Firearms, penalty for discharging same in certain cases.

Duties of officers.

charge or cause to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the County Jail for a term not less than two nor more than six months, or by a fine not less than one hundred nor more than five hundred dollars, or by both such fine and imprisonment; provided, that no Sheriff, Deputy Sheriff, Marshal, Constable, Deputy Constable or other peace officer shall be held to answer under the provisions of this Act for discharging firearms in the lawful pursuance of his or their duty.

      Sec. 2.  It shall be the duty of all civil, military and peace officers to be vigilant in carrying the provisions of this Act into full force and effect; and any Sheriff, Deputy Sheriff, Marshal, Constable or Deputy Constable, who shall neglect his duty in the due arrest of any offender under the provisions of this Act, shall be deemed guilty of a violation of his or their official oath, and, on conviction, shall be punished by a fine not less than one hundred nor more than one thousand dollars, and by imprisonment in the State Prison not less than six months nor more than five years.

      Sec. 3.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

James Buckner, appropriation for relief of.

Payment provided for.

Chap. VIII.–An Act to Provide Payment for Services Rendered by James Buckner in Enrolling the Militia in Humboldt County.

[Approved January 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of two hundred and fifty dollars is hereby appropriated out of any funds in the State Treasury, not otherwise specifically appropriated, for the payment of James Buckner, for services rendered, as required by law, in enrolling the militia in Humboldt County for the years 1875, 1876, 1877, and 1878. The State Controller is hereby directed to draw his warrant on the State Treasurer in favor of James Buckner for said sum, and the said Treasurer is hereby directed to pay the same out of the funds herein appropriated.

Chap. IX.–An Act Creating Boards of Examiners in the Several Counties of this State.

[Approved January 31, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners and the County Auditor of each county in this State are hereby created a Board of Examiners.

      Sec. 2.  The County Auditor in each county in this State shall, in the months of January, April, July, and October, of each year, in counties having polled a vote at the last general election prior to the passage of this Act of less than twelve hundred votes, and once a month in counties having polled, at said election, twelve hundred or more votes, furnish the Board with a statement of the amount of money, securities, and other property in the custody of the County Treasurer, and shall, in company with the Board of Commissioners, count, examine, and inspect the same and carefully determine whether the funds, securities, and property of the county are all on hand and properly protected in the full amounts belonging to the county, and the County Treasurer shall assist and, as far as possible, facilitate such examination.

      Sec. 3.  If any Board of Commissioners, or any member of any Board of Commissioners, or the County Auditor shall refuse or neglect to comply with the provisions of this Act, or if the County Treasurer shall, in any way, prevent such examination, such person so neglecting or violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars, and may be imprisoned at the discretion of the Court, and shall be removed from office.

      Sec. 4.  This Act shall take effect on and after the first day of May, A. D. 1881.

Board of Examiners created in counties.

County Auditor’s duties.

County Commissioners, etc., to count money.

Neglect of duty, how punished.

Official oaths of the Governor and Lieutenant Governor to be subscribed, etc.

Chap. X.–An Act to Amend “An Act Relating to Officers, Their Qualifications, Time of Election, Terms of Office, Official Duties, Resignations, Removals, Vacancies in Office and the Mode of Supplying the Same, Misconduct in Office and to Enforce Official Duty,” approved March 9, 1866.

[Approved January 31, 1881.]

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

Assembly, do enact as follows:

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

      Section Twenty-five.  The Governor and Lieutenant Governor shall respectively take and subscribe to the official oath before the Chief Justice or one of the Associate Justices of the Supreme Court, on the first Monday of January next succeeding their election.

Z. S. Eldredge, appropriation for his relief, and payment provided for.

Chap. XI.–An Act to Provide for the Payment of the Claim of Z. S. Eldredge.

[Approved February 1, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of three hundred and ninety-eight dollars and fifty-nine cents is hereby appropriated out of any moneys in the General Fund, not otherwise specially appropriated, for the purpose of paying the claim of Z. S. Eldredge for service in making out the report of the Warden of the Nevada State Prison for the years 1873 and 1874.

      Sec. 2.  The Controller of State is hereby directed to draw his warrant upon the State Treasurer in favor of said Z. S. Eldredge for said amount and the State Treasurer is hereby directed to pay the same.

Chap. XII.–An Act to Amend an Act entitled “An Act Concerning Conveyances,” approved November 5, 1861.

[Approved February 4, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Thirty-five is hereby amended so as to read as follows:

      Section Thirty-five.  Any mortgage or lien that has been or may hereafter be recorded, may be discharged or assigned by an entry on the margin of the record thereof, signed by the mortgagee or his personal representative or assignee, acknowledging the satisfaction of or value received for the mortgage or lien, and the debt secured thereby, in the presence of the Recorder or his Deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release or assignment duly acknowledged and recorded.

Mortgages and liens, how discharged.

Chap. XIII.–An Act to Amend an Act entitled “An Act Concerning Juries,” approved March 5, 1873.

[Approved February 4, 1881.]

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 qualified elector of the State, whether registered or not, who has sufficient knowledge of the English language, and who has not been convicted of treason, felony, or other infamous crime, and who is not rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides, or the county to which it is attached for judicial purposes.

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

      Section Five.  If from any cause the regular panel of trial jurors should not be drawn and summoned to attend the term of the District Court, as provided in Section Four of this Act, or a sufficient number of jurors fail to appear, or when, at any time during the term of a District Court, it shall become necessary to summon additional trial jurors,

Qualifications of jurors.

Panel of trial jurors.

Failure of juror to appear.

Trial jurors, how drawn in certain cases.

shall become necessary to summon additional trial jurors, the Court may, in its discretion, draw from the box such number of names as may be requisite, or may issue an open venire, directed to the Sheriff, to summon, either immediately or for a day fixed, from citizens of the county, but not from the bystanders, a sufficient number of persons, having the qualifications of jurors, to complete the trial jury or form a new trial jury, as the case may be. The persons thus summoned shall be as competent trial jurors, in all respects, as if drawn from the jury box or summoned before the commencement of the trial.

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

      Section Six.  When a juror drawn is not summoned, or fails to appear, or after appearing is excused by the Judge from serving, his name shall be returned to the box to be drawn again.

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

      Section Seven.  When all the names in the jury box have been exhausted, or whenever the Judge deems that the jury box should be reformed, by placing therein anew the names of jurors, it shall be the duty of the Judge and Clerk to replace in the jury box separate slips of paper containing the names of all persons included in the corrected jury list, and thereafter trial jurors may be drawn therefrom as before.

      Sec. 5.  All Acts and part of Acts in conflict with the foregoing Act are hereby repealed.

Manufacturers of butter, their duties in certain cases.

“Oleomargarine.”

Chap. XIV.–An Act to Punish and Prevent Deception in the Manufacture and Sale of Butter.

[Approved February 4, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Every person who shall manufacture for sale any article or substance in semblance of butter, that is not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which the oil or fat of animals, not produced from milk enters as a component part, or into which melted butter, or any oil thereof has been introduced, to take the place of cream, unless the package containing such article or substance shall be labeled or branded with the word “Oleomargarine,” as provided in Section Two of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction therefor, shall be fined in any sum not exceeding five hundred dollars, and shall be confined in the County Jail not less than thirty days nor more than six months.

this Act, shall be deemed guilty of a misdemeanor, and, upon conviction therefor, shall be fined in any sum not exceeding five hundred dollars, and shall be confined in the County Jail not less than thirty days nor more than six months.

      Sec. 2.  Every person who shall sell, or offer, or expose for sale, or have in his or her possession with intent to sell any of the said article or substance mentioned in Section One of this Act, shall distinctly mark, brand or label every package containing such substance, whether at wholesale or retail, with the word “Oleomargarine,” and every person who shall sell, or offer for sale, such substance not so branded, marked or labeled, shall be guilty of a misdemeanor, and, upon conviction therefor, in any Court in this State having cognizance thereof, shall pay a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every offense.

      Sec. 3.  The branding or marking spoken of in this Act, if on rolls or prints, shall be in letters not less than one-fourth of an inch square, and if on tubs or other packages, the letters shall not be less than one-half inch square.

Packages to be stamped or branded.

Penalty.

Size of letters for brands, etc.

Chap. XV.–An Act Concerning the Allowance and Payment of Demands Against the Several Counties of This State and Barring the Payment Thereof in Certain Cases.

[Approved February 4, 1881.]

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

Assembly, do enact as follows:

      Section 1.  That when there shall be in the General, School, Contingent, Indigent Sick or Road Funds of any county in this State, any sum or sums of money, which have been in such fund for the term of two years or more by reason of the failure or neglect of the owner or owners of such indebtedness to demand the payment of the same, such sum or sums of moneys shall be applied to the payment of the more recent indebtedness of such county payable out of such fund. An in case the owner or owners of such allowance or allowances shall demand such sum or sums of money within six years from the date of the original allowance of such sum or sums of moneys, and after such sum or sums of money have been so applied, the Board of County Commissioners of such county may again allow such demand for the amount originally allowed, without interest,

Relative to county funds containing money which has been assigned to payment of claims.

Re-allowance of claims by County Commissioners.

Claims debarred from payment after certain length of time.

interest, and no more, and any such demand, so reallowed, shall be paid in the order of its reallowance out of the fund originally accountable therefor, in case there be any such fund, and in case there shall at said time be no such fund, then such demands shall be paid, in the order of its reallowance, out of the General Fund of such county, but should the payment of such sum or sums of money not be demanded within six years from and after the original allowance of such demand or demands, then such indebtedness shall not be reallowed by such Board of County Commissioners and the payment thereof shall be forever barred; provided, that nothing in this Act shall be construed to affect or repeal any Act providing for the redemption or funding of the indebtedness of any county in this State.

      Sec. 2.  All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed.

District Judge to direct drawing of panel of trial jurors, and time of drawing same.

Judge to file order with County Clerk.

To be drawn in County Clerk’s office.

By whom drawn.

Chap. XVI.–An Act Amendatory of an Act entitled “An Act to Amend an Act entitled ‘An Act Concerning Juries,’ approved March 5, 1873;” approved February 14, 1879.

[Approved February 8, 1881.]

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.  Section Four of said Act, entitled “An Act Concerning Juries,” approved March 5, 1873, is amended so as to read as follows:

      Section Four.  To constitute the regular panel of trial jurors for any term of the District Court such number of names as the Judge may direct shall be drawn from the jury box. The regular panel of trial jurors may be drawn before the commencement of the term of Court, and, if so drawn, the Judge thereof must make and file with the County Clerk an order that one be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the County Clerk, during regular office hours, in the presence of all persons who may choose to witness it. If the panel be drawn before the commencement of the term it shall be drawn by the Judge and Clerk, or, if the Judge so directs, by any one of the County Commissioners of the county and the Clerk,

Clerk, and if the Judge directs that the panel be drawn by one of the County Commissioners of the county and the Clerk, the Judge must make and file with the Clerk an order designating the name of such County Commissioner, and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn shall be required to attend in Court. The drawing shall be conducted as follows: The number to be drawn having been previously determined by the Judge, the box containing the names of the jurors shall first be thoroughly shaken; it shall then be opened and the Judge and Clerk, or one of the County Commissioners of the county and the Clerk, if the Judge has so ordered, shall alternately draw therefrom one ballot until of non-exempt jurors the number determined upon is obtained; provided, that if the officers drawing such jury deem that the attendance of any juror whose name is so drawn cannot be conveniently and cheaply to the county obtained, by reason of the distance of the residence of such juror from the Court or other cause, his name may, in the discretion of such officers, be returned to the box and in its place the name of another juror drawn whose attendance said officers may deem can be conveniently and cheaply to the county obtained. A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the Clerk’s office subject to inspection by any officer or attorney of the Court, and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as trial jurors to attend in Court at such time as the Judge may have directed, and the Sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the Court.

      Sec. 2.  Section Two of said Act, of which this Act is amendatory, is amended so as to read as follows:

      Section Two.  Section Eight of the Act entitled “An Act Concerning Juries,” approved March 5, 1873, is amended so as to read as follows:

      Section Eight.  It shall be the duty of the District Judge and any one of the County Commissioners of the county, at least once in each year and as much oftener as the public interest may require, to select from the jury list twenty-four persons who shall be summoned to appear as grand jurors at such time as the Judge may order; provided, that if the District Judge deems proper he may direct any one of the County Commissioners of the county and the Clerk to select the grand jurors, and such County Commissioner and Clerk, if the Judge so directs, shall select from the jury list twenty-four persons as grand jurors. If the Judge directs the grand jurors to be selected by one of the County Commissioners of the county and the Clerk the Judge must make and file with the Clerk an order designating the name of such County Commissioner,

Order to be filed by the Judge fixing number of names.

Manner of conducting drawing.

List of names to be certified and subject to inspection.

Venire to issue and Sheriff to summon.

District Judge and County Commissioners, duties in selecting Grand Jury.

Judge to file order, stating time for appearance of jurors, etc

How to proceed in case of failure to select jurors in time.

A certified list of jurors to be made, and venire to issue to Sheriff.

Sheriff to summon and Court to select the jury.

Additional number to be selected in certain cases.

directs the grand jurors to be selected by one of the County Commissioners of the county and the Clerk the Judge must make and file with the Clerk an order designating the name of such County Commissioner, and the Judge shall in said order fix the time during the term of Court when said grand jurors shall be required to appear; and if from any cause, such County Commissioner and Clerk should fail to select the grand jurors the Judge and any one of the County Commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the Clerk’s office, and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in Court at such time as the Judge may have directed; and the Sheriff shall summon such grand jurors, and out of the number so summoned the Court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the jury list by the Judge and Clerk and summoned to appear in Court at such time as the Court may direct.

      Sec. 3.  All Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed.

Undertaker and others to present certificates to the Coroner.

Coroner to issue permit.

Chap. XVII.–An Act to Amend an Act entitled “An Act Relating to the Burial of the Dead of Incorporated Cities in the State of Nevada,” approved March 8, 1879.

[Approved February 8, 1881.]

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 amended so as to read as follows:

      Section Two.  It shall be the duty of any undertaker or other person obtaining the certificate mentioned in the first Section of this Act, before burying such deceased person, to present such certificate to the Coroner of the county within which such deceased person shall have died. The said Coroner, after being satisfied of the truth of the facts set forth in said certificate, shall issue a permit to the person presenting such certificate to bury the deceased person named in said certificate, or shall take such action under the law as the facts set forth in said certificate shall warrant.

the law as the facts set forth in said certificate shall warrant. Said permit shall be in writing, signed by the Coroner, and shall set forth the facts under which it was issued. Said Coroner shall file in his office all physicians’ certificates so presented to him and shall keep a record of the same and a memorandum of all permits so issued by him, which records and memoranda he shall turn over to his successor in office as a part of the public records of his office.

Style of permit.

Coroner to file and record permits.

Chap. XVIII.–An Act to Amend an Act entitled “An Act to Regulate Proceedings in Civil Cases in the Courts of Justice of This State, and to Repeal All Other Acts in Relation Thereto,” approved March 8, 1869.

[Approved February 8, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Three Hundred and Seventy-six of said Act is hereby amended so as to read as follows:

      Section Three Hundred and Seventy-six.  All persons, without exception, otherwise than as specified in this Chapter, who, having organs of sense, can perceive, and perceiving can make known their perceptions to others, may be witnesses in any action or proceeding in any Court of the State. Facts which, by the common law, would cause the exclusion of witnesses may still be shown for the purpose of affecting their credibility.

      Sec. 2.  Section Three Hundred and Seventy-seven is hereby amended so as to read as follows:

      Section Three Hundred and Seventy-seven.  No person shall be disqualified as a witness in any action or proceeding on account of his opinions on matters of religious belief, or by reason of his conviction of felony, but such conviction may be shown for the purpose of affecting his credibility, and the jury is to be the exclusive judges of his credibility, or by reason of his interest in the event of the action or proceeding as a party thereto, or otherwise, but the party or parties thereto, and the person in whose behalf such action or proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and be compellable to give evidence, either viva voce or by deposition or upon a commission, in the same manner and be subject to the same rules of examination as other witnesses on behalf of himself, or either or any of the parties to the action or proceeding.

Witnesses, eligible persons.

Facts can be established to affect credibility.

Persons not disqualified on account of religious belief or conviction of felony, but may be proven for certain purposes.

Party to an action to be witness in his own behalf, etc.

Persons excluded from becoming witnesses.

Husbands and wives not to become witnesses, one against the other, with exception.

      Sec. 3.  Section Three Hundred and Eighty is hereby amended so as to read as follows:

      Section Three Hundred and Eighty.  The following persons cannot be witnesses: (1) Those who are of unsound mind at the time of their production for examination; (2) Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly.

      Sec. 4.  Section Three Hundred and Eighty-one is amended so as to read as follows:

      Section Three Hundred and Eighty-one.  A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to an action or proceeding by one against the other.

      Sec. 5.  All Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed.

Use of false weights, measures, etc., prohibited, and penalty.

Chap. XIX.–An Act to Amend Section One Hundred and Thirty-nine of an Act entitled “An Act Concerning Crimes and Punishments,” approved November 26, 1861.

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

Assembly, do enact as follows:

      Section 1.  Section One Hundred and Thirty-nine of an Act entitled “An Act Concerning Crimes and Punishments,” approved November 26, 1861, is hereby amended so as to read as follows:

      Section One Hundred and Thirty-nine.  If any person or persons shall, knowingly, buy or sell any goods, wares or merchandise, or any valuable thing by false weight or measure, or shall, knowingly, use any false measure or false weight at any mill, in taking toll for grinding corn, wheat, rye or other grain, or shall, knowingly, use any false weight or weights, or false scales, or false steelyards, or false balances, or false measures for any purpose in buying or selling or trading any article whatever, he or she shall be deemed a common cheat, and, on conviction, shall be fined in any sum not to exceed two hundred dollars or imprisonment in the County Jail not more than six months, or by both such fine and imprisonment.

      Sec. 2.  All Acts and parts of Acts in conflict with the foregoing Act are hereby repealed.

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

      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 eighth day of February A. D. 1881.

                                                                                      JASPER BABCOCK, Secretary of State.

Chap. XX.–An Act to Prevent the Unauthorized Expenditure of State Money.

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

Assembly, do enact as follows:

      Section 1.  No money shall be paid out of the State Treasury in payment of the salary or compensation of the clerk or secretary of any commission connected with the State Government, or for any clerical work done, performed, or rendered to such commission, except in pursuance of a direct and explicit appropriation by law to pay for such service; and the State Controller is hereby prohibited from drawing his warrant in payment of such salary or compensation unless authorized by a law making an explicit appropriation for that purpose.

      Sec. 2.  Any State officer employing or paying any person or persons out of any State money for any such service or labor, as hereinbefore set forth, shall be deemed guilty of a misdemeanor, and on conviction thereof be fined in the sum of five hundred dollars, or imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment in the discretion of the Court.

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

Compensation for clerical services rendered to commissions of State Government prohibited.

State officers prohibited from employing clerks on commissions--penalty, etc.

      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 eighth day of February, A. D. 1881.

                                                                                      JASPER BABCOCK, Secretary of State.

County Commissioners to loan or transfer money.

Chap. XXI.–An Act to Authorize the County Commissioners in the Several Counties in This State to Loan or Transfer Surplus Money From One Fund to the Other.

[Approved February 9, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The County Commissioners in the several counties in this State are hereby authorized and empowered to loan or transfer any surplus money which may be in any of the county funds of the respective counties, from one or more of said funds to the other and transfer the same back to the fund or funds from which said surplus money was taken, at such times and in such manner as, in the judgment of said Commissioners, the best interests of the county may require.

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

Deputies of State officers to perform certain clerical duties.

Chap. XXII.–An Act Defining the Duties of Certain Attaches of the State Government.

[Approved February 9, 1881.]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act it shall be the duty of the Governor’s Private Secretary to act as Clerk of the Board of Pardons, without other compensation than that allowed and paid as such Private Secretary. It shall be the duty of the Deputy Secretary of State to act as Clerk of the Board of Examiners, and of State Prison Commissioners. It shall be the duty of the Deputy State Controller to act as Clerk of the Board of State Printing Commissioners; the Deputy State Treasurer as Clerk of the Board of Commissioners for the Care of the Indigent Insane, and the Deputy in the Surveyor-General and State Land Register’s Office as Clerk of the Board of Regents of the State University, each in his capacity as such Clerk, without further or other compensation than that allowed and paid for services as deputies aforesaid.

Chap. XXIII.–An Act Amendatory of and Supplemental to an Act entitled “An Act to Provide for the Better Preservation of the Mining Records in Certain Districts in This State,” approved March 6, 1879.

[Approved February 10, 1881.]

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

Assembly, do enact as follows:

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

      Section One.  In every mining district in this State in which the seat of government of any county is situated the County Recorder of said county shall be ex officio District Mining Recorder, subject in the discharge of his duties to such rules, regulations and compensations as may be now in force or hereafter prescribed by the mining laws of the mining districts respectively to which this Act is applicable. He shall, as such ex officio Mining Recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe keeping of all the records thereof, and the correct and safe keeping of the copies of all the records mentioned and referred to in Section Two of this Act.

      Sec. 2.  It shall be the duty of each and every Mining Recorder of the several mining districts in the State, on or before the first Monday in January, April, July and October in each year, to transcribe into a suitable book or books, to be provided for that purpose, and to deposit and file with the County Recorders of the respective counties in which said mining districts may be located a full, true and correct copy of the mining records of the respective mining districts for the three months next preceding said first Mondays in January, April, July and October, duly certified under oath; provided, this Section shall not apply to the Mining Recorder created by Section One of this Act.

      Sec. 3.  There shall be provided by the County Commissioners of the several counties in this State, and furnished to each Mining Recorder, on his application, suitable books, into which the mining records mentioned in Section Two of this Act shall be transcribed.

      Sec. 4.  The several Mining Recorders shall receive for services herein required by Section Two of this Act, one dollar for the transcript of each claim, including the oath, which shall be paid at the time of recording by the parties making the locations.

County Recorders to be ex officio District Mining Recorders, subject to rules and regulations.

Duties of Mining Recorders.

County Commissioners to provide books.

Fees to Recorders.

Copies of records introduced in court in evidence.

Penalty for not complying.

      Sec. 5.  The certified copies of the mining records certified to be deposited and filed as herein provided, shall be received in evidence, and have the same force and effect in all Courts as the original.

      Sec. 6.  Any person neglecting or refusing to comply with the provisions of Section Two of this Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.

      Sec. 7.  This Act shall take effect and be in force from and after the first day of April, A. D. 1881.

County Commissioners to transfer moneys.

Chap. XXIV.–An Act Authorizing Boards of County Commissioners to Transfer Surplus Money in the Several Funds of Unincorporated Towns from One to the Other.

[Approved February 10, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Whenever there shall be any surplus money in either the Fire Department, Town or Police Department Funds, now or hereafter created by virtue of the laws of this State, in any unincorporated town, the Board of County Commissioners of the respective counties may, and they are hereby authorized and empowered, to transfer such surplus, or any portion thereof, from any one to either of said funds, in the manner and proportion best calculated, in the judgment of said Commissioners, to subserve and protect the credit of the other.

Chap. XXV.–An Act to Amend an Act entitled “An Act to Amend an Act entitled ‘An Act to Provide for the Formation of Corporations for Certain Purposes,’ ” approved March 10, 1865; approved February 17, 1875.

[Approved February 11, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section One of said Act, of which this Act is amendatory, is hereby amended so as to read as follows:

      Section One.  The corporate powers of the corporation shall be exercised by a Board of not less than three Trustees-who shall be stockholders in the company-who shall, before entering upon the duties of their office respectively, take and subscribe to an oath, as prescribed by the laws of this State, and who shall, after the expiration of the term of the Trustees first elected, be annually elected by the stockholders, at such times and place within the State, and upon such notice, and in such manner as shall be directed by the by-laws of the company; but all elections shall be by ballot, and every stockholder shall have the right to vote in person or by proxy, the number of shares owned by him for as many persons as there are Trustees to be elected, or to cumulate said shares and give one candidate as many votes as the number of Trustees multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit, and such Trustees shall not be elected in any other manner; and the person or persons receiving the greatest number of votes shall be Trustee or Trustees. Whenever any vacancy shall happen among the Trustees by death, resignation or otherwise, except by removal and the election of his successor, as herein provided, it shall be filled by appointment of the Board of Trustees. On petition of the stockholders holding the majority of the stock actually issued by any corporation formed under this Act, to the District Judge of the district where said corporation has its actual place of business, verified by the signers, to the effect that they are severally the holders of to the number of shares set opposite their signatures to the foregoing petition, the District Judge shall issue his notice to the stockholders of said company, that a meeting of the stockholders will be held at the court-room of the District Court, in the county in which is said principal place of business, stating the time, not less than five, nor more than ten, days after the first publication of said notice, and the object to be taken into consideration, the removal of officers of said company; which notice, signed by the said District Judge, shall be published daily, in a daily newspaper published in said county, for at least five days before the time for the meeting; or, if there be no daily newspaper published in said county, then in such manner as the District Judge shall direct. At the time appointed by said notice, the said District Judge shall appoint a Secretary of the meeting, and shall thereupon hear the proofs of those claiming to be stockholders in said corporation; and only those showing a right to vote, or their proxies, shall take part in the further proceedings. Said Judge shall decide who are entitled to vote, in a summary way, and his decision shall be final. If it appears at the time appointed,

Corporate powers to be exercised by Trustees.

Oath of Trustees, time of election and manner of conducting same.

Persons eligible to vote for Trustees, and manner of voting.

Vacancies, how filled.

Petition of stockholders, and District Judge to issue notice of meeting of stockholders, time and place of holding same.

Publication of notice.

Judge to appoint Secretary of meeting, and to hear proofs.

Persons eligible to vote.

Judge to decide.

Secretary’s duties.

Result of vote, if in favor of removal of officers, balloting provided for.

Tellers appointed to collect and count ballots.

Certificates issued by the Judge, and other duties.

it appears at the time appointed, or within one hour thereafter, holders of less than one-half the whole number of shares actually issued, or their proxies, are present, the meeting shall be dissolved; but, if the holders of more than one-half the shares actually issued, or their proxies, are present, they shall proceed to vote, the Secretary calling the roll, which he shall prepare by setting down the names of persons held to be entitled to vote, and the number of shares held by each, and such persons voting yea or nay, as the case may be. The Secretary shall enter the same upon his list, and, when he has added up the list and stated the result, he shall sign the same and hand it to the Judge, who shall declare the result. If the result of the vote is that the holders of a majority of all the shares of the company actually issued, or their proxies, are in favor of the removal of one or more of the officers of the company, the meeting shall then proceed to ballot for officers to supply the vacancies thus created. Tellers shall be appointed by the Judge, who shall collect the ballots and deliver them to the Secretary, who shall count the same in open session, and, having stated the result of the count, in writing, shall sign the same and hand it to the Judge, who shall announce the result to the meeting. The Judge shall thereupon issue to each person chosen a certificate, stating that, from the date of such meeting until the next annual election, unless removed under the provisions hereof, he is entitled to exercise and fill the office to which he is chosen; and shall indorse upon, or annex to, said petition a report of the proceedings of said meeting; and an order, requiring that all books, papers, and all property and effects of said corporation, be immediately delivered to the officers-elect, and shall sign the same and file it with the Clerk of his Court; and thereafter any disobedience to said order may be punished as other contempts of Court, and obedience thereto may be enforced by the Court of said district. The District Judge shall preside at said meeting, and put to vote such proper motions as he may be requested to submit to the meeting. In deciding any controverted question that may arise, he shall have the power to administer oaths and take testimony, either orally or by ex parte affidavits. For all the services in these proceedings, the County Clerk shall receive twenty dollars.

      Sec. 2.  This Act shall take effect immediately.

Chap. XXVI.–An Act Amendatory of and Supplementary to 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 February 14, 1881.]

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.  If at any time after the final adjournment of a regular meeting the business of the county shall require a meeting of the Board, a special meeting of the same may be ordered by any member of the Board. The order shall be entered on the records of the Board and the Clerk shall give notice of such special meeting and the time thereof to any member of the Board not joining in the order.

      Sec. 2.  No County Commissioner in this State shall have power or privilege to make any advance to any indigent, or infirm, or other person or persons (except the sick), as a charity, under any pretext whatever, of any money, credit, security, merchandise, or other valuable, for any purpose, until the same shall have been passed upon and allowed at a meeting of the Board.

      Sec. 3.  No County Commissioner or Board of County Commissioners in this State shall have power to make any appropriation or payment of any money, merchandise, or other valuable to any indigent poor, infirm, or other person or persons (except the sick), as a charity, unless the same shall have been previously recommended as necessary by two or more property taxpayers of the county. The recommendation must be in writing and signed by two or more property taxpayers of the county, and passed upon, and payment authorized by the Board of County Commissioners at a meeting of the Board.

      Sec. 4.  No County Commissioner or Board of County Commissioners in this State shall have power to make any appropriation or payment of any money, merchandise, or other valuable to any sick person or persons, unless the same shall have been previously recommended, in writing, as necessary by a resident of the county.

      Sec. 5.  No claim of any Commissioner for payment, allowance, or advance of any money, merchandise, or other property to any indigent poor, infirm, or sick person or persons shall be allowed or paid, unless presented and authorized as provided in Sections Three and Four of this Act.

County Commissioners.

Special meetings, manner of calling same.

Assistance to indigent, sick, etc., prohibited except when passed upon

Powers of Commissioners limited; mode of rendering assistance.

Appropriations must be recommended.

Claims of Commissioners for allowance, when valid and payable

Recommendations to be kept on file.

Violation, penalty for.

      Sec. 6.  It shall be the duty of the Board of County Commissioners to keep on file in the County Clerk’s office all recommendations mentioned in Sections Three and Four of this Act, and the same shall be open to inspection to any resident of the county.

      Sec. 7.  If the Board of Commissioners in any county in this State or any member of any Board shall violate any provisions of this Act, such member or members so violating shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars or less than fifty dollars, and shall be liable for any loss, damage, or expense sustained by the county in consequence of such violation.

      Sec. 8.  This Act to take effect in any county in this State having polled more than fifteen hundred votes at the last general election in 1880.

Records of judgments to be restored in certain cases.

Manner of restoring the record.

Chap. XXVII.–An Act to Restore Lost Records.

[Approved February 16, 1881.]

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

Assembly, do enact as follows:

      Section 1.  In all cases where the records of any judgments, or other records of any Court, of either general or limited jurisdiction in this State, have been lost or destroyed, and the said judgments have not expired by limitation, the same may be restored and replaced, and become the records of said Courts, in the manner prescribed in this Act.

      Sec. 2.  Where any record of any Court in this State has been lost, destroyed, or defaced so that its contents cannot be distinguished, the same may be restored by any party interested, by making and filing an affidavit in said Court, whose record it is proposed to restore, and that said affidavit shall set forth the nature of the action, demand or claim upon which said lost, destroyed or defaced record of judgment was obtained, the amount or character of judgment, and costs, as near as it can be ascertained, about the date of the entry of the same, the time and manner of its loss or destruction, and that said judgment has not been satisfied or paid, and that there is due and owing from the judgment debtor upon said judgment the amount stated in the affidavit, and that the restoration of said record or records is necessary to secure the legal rights of said affiant.

      Sec. 3.  Upon the making and filing of the said affidavit, the Court shall thereupon issue a citation to all parties interested, notifying them to appear and show cause why the record referred to in said case should not be restored, and that in said notice or citation shall be set forth that the motion to restore said lost record is based upon affidavit on file in said Court, and if the hearing of said case is before the District Court, ten days’ notice shall be given to all parties interested, or if the same is before a Justice’s Court, not less than five nor more than ten days’ notice shall be required.

      Sec. 4.  When parties upon whom citation is required to be served reside outside of the county, but within this State, service shall be made in the same manner as is prescribed by law for the service of summons in civil actions in this State, and upon a citation issued from a Justice’s Court under this Act, the service of the same upon parties residing out of the county, but within the State, shall be in the same manner as that required for the service of summons in civil actions in the District Courts, and where the parties upon whom service is required to be made reside out of this State, service shall be made by publication, in the same manner as is required for service of summons in civil cases in the Courts of this State.

      Sec. 5.  In all cases under this Act the parties interested shall, upon said motion, have an opportunity of appearing and using counter affidavits and contesting said application, and if it appear to the Court at the hearing that the record in said case is lost, destroyed or defaced, and what its contents were, it may then make, order, or cause to be made, a new roll or record, corresponding to the old one as near as can be done, and enter the same as of record in said Court, and the matter thus substituted will thenceforward be received in all Courts and given in all respects the same effect as though it were the original record.

      Sec. 6.  Where any record of a judgment has been restored under this Act, said judgment shall not continue or extend beyond the limitation prescribed by law at the time the original judgment so restored was entered.

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

Judge to issue citation to interested parties.

Service of summons, manner of making same.

Counter affidavits can be used.

Limitation.

Justices of the Peace, duties of, in case of notice of appeal.

County Clerk.

District Judge can compel Justice to transmit transcript, and fine same.

Legal objections.

Chap. XXVIII.–An Act to Amend Section Five Hundred and Eighty-three of an Act entitled “An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in This State, and to Repeal All Other Acts in Relation Thereto,” approved March 8, 1869.

[Approved February 16, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Five Hundred and Eighty-three of said Act is hereby amended so as to read as follows:

      Section Five Hundred and Eighty-three.  Upon receiving the notice of appeal and on payment of the fees of the Justice and filing an undertaking, as required in the next Section, the Justice shall, within five days, securely attach to a certified copy of his docket all the papers filed in the cause, together with the notice of appeal and undertaking filed, and transmit the same to the Clerk of the District Court. The certified copy of the docket, the papers, notice and undertaking, attached together as aforesaid, shall be the transcript on appeal, and the Clerk of the District Court shall file such transcript on payment of the fees therefor. The Justice may be compelled by the District Court by an order entered on motion to transmit such transcript to said Clerk, and may be fined for neglect or refusal to transmit the same. A certified copy of such order may be served on the Justice by the party or his attorney. In the District Court either party shall have the benefit of all legal obligations made in the Justice’s Court.

County Commissioners.

Chap. XXIX.–An Act to Amend an Act entitled “An Act Relating to Elections,” approved March 12, 1873.

[Approved February 16, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Thirty-one of said Act is hereby amended so as to read as follows:

      Section Thirty-one.  The Board of County Commissioners, after making the abstract of votes, as provided in Section Thirty, shall cause their Clerk, by an order, made and entered in the minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the Secretary of State, at the seat of government.

Section Thirty, shall cause their Clerk, by an order, made and entered in the minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the Secretary of State, at the seat of government. If the Board of County Commissioners should neglect or refuse to make the order, as required by this Act, they, and each of them, shall be guilty of a misdemeanor in office, and shall, on conviction, be liable to a fine of not less than one hundred dollars, or more than five hundred dollars, each, and imprisonment in the County Jail for not less than ten, and not more than one hundred days, each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and shall open and canvass the vote for Members of Congress, District and State officers; and the Governor shall grant a certificate of election to and commission the persons having the highest number of votes, and shall also issue proclamation, declaring the election of such persons. But in case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes for the same office, the Senate and Assembly shall convene in the Assembly chamber, on the second Monday of February, at the next regular session of the Legislature after such election, and by joint vote of both Houses, elect one of said persons to fill said office; provided, when an election for Electors of President or Vice President of the United States takes place, the vote thereof shall be canvassed in the manner aforesaid, on the fourth Monday after such election is held.

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

      Section Thirty-five.  Whenever the returns are required to be transmitted by one Clerk of a Board of County Commissioners to the Secretary of State, it shall be the duty of such Clerk, if not otherwise directed by the Board of County Commissioners, to deliver the same to some Postmaster of the county, at the postoffice, to be transmitted by mail, taking from such Postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the postoffice, which certificate the Clerk shall file in his office. If the Clerk of the Board of County Commissioners should neglect, or refuse to make out and transmit, the returns, or abstract, as required by this Act, he shall be deemed guilty of a misdemeanor in office, and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, or more than five hundred dollars, and imprisonment in the County Jail for not less than one month, or more than six months, or both such fine and imprisonment, in the discretion of the Court, and shall be removed from office.

County Clerk to make abstract of votes and forward same to Secretary of State forthwith.

Justices of Supreme Court to canvass votes.

Governor to grant certificate of election.

Case of tie and no choice, Legislature to elect.

President and Vice President, vote to be canvassed at certain time.

County Clerk’s duties in transmitting abstract.

Penalty and fine for neglect or failure.

and imprisonment in the County Jail for not less than one month, or more than six months, or both such fine and imprisonment, in the discretion of the Court, and shall be removed from office.

      Sec. 3.  All Acts, and parts of Acts, in so far as they conflict with the foregoing Act, are hereby repealed.

Petition from Washoe County.

Chap. XXX.–To the Honorable the Senate and Assembly of the Legislature of the State of Nevada:

      By order the following petition was adopted:

      Your petitioners, the Board of County Commissioners of the County of Washoe, respectfully represent to your Honorable Bodies, that on the second day of February, 1881, the residents of the town of Franktown in this county, by flood, occasioned by the breaking of a reservoir, suffered loss of their dwellings, household goods, etc., and left them in a destitute condition for shelter and necessaries, and, therefore, your petitioners ask that your Honorable Bodies make an appropriation of five thousand dollars for the relief of said sufferers, subject to the distribution by this Board, and such other person as you may designate.

Relief to sufferers of Washoe County- appropriation.

Committee of distribution.

Controller to draw warrant.

An Act for the Relief of the Sufferers by the Breaking of the Little Valley Dam.

[Approved February 16, 1881.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of furnishing immediate relief to those rendered destitute by the breaking of the Little Valley Dam, near Franktown, on February 2, 1881, the sum of seven hundred and fifty dollars is hereby appropriated out of any money in the State Treasury, not otherwise specially appropriated.

      Sec. 2.  The sum appropriated by Section One of this Act, shall be placed in the hands of the Governor of the State, Joseph Frey, D. H. Lodge and Elias Owens, to be by them distributed in such amounts and manner as the immediate necessities require.

      Sec. 3.  The State Controller is hereby authorized to draw his warrant in favor of the Governor of this State, Joseph Frey, D. H. Lodge and Elias Owens for the amount appropriated by this Act, and the State Treasurer is hereby directed to pay the same.

      Sec. 4.  This Act to take effect immediately.

Chap. XXXI.–An Act Fixing the Salaries of the Justices of the Supreme Court of the State of Nevada.

[Approved February 19, 1881.]

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

Assembly, do enact as follows:

      Section 1.  From and after the expiration of the terms of the present incumbents each Justice of the Supreme Court shall receive a salary of six thousand dollars a year, payable in the manner and at the times now prescribed by law.

      Sec. 2.  This Act shall take effect first, in fixing the salary of the Justice of the Supreme Court to be elected in 1882; second, in fixing that of each succeeding Justice as he is elected.

      Sec. 3.  All Acts and parts of Acts relating to the salaries of the Justices of the Supreme Court, in so far only as they conflict with the provisions of this Act, are hereby repealed.

Salaries of Justices Supreme Court

To take effect.

Chap. XXXII.–An Act Reducing and Regulating the Salaries and Compensation of Certain State Officers and Attaches of the State Government of Nevada.

[Approved February 21, 1881.]

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

Assembly, do enact as follows:

      Section 1.  From and after the first day of January, A. D. eighteen hundred and eighty-three, the following salaries and compensation shall be paid to the various State officers of this State at the time and in the manner now prescribed by law:

      To the Governor, five thousand dollars per annum.

      To the Secretary of State, three thousand dollars per annum.

      To the State Controller, three thousand dollars per annum.

      To the State Treasurer, three thousand dollars per annum.

      To the Attorney-General, three thousand dollars per annum.

      To the Surveyor-General, one thousand dollars per annum, payable out of the State School Fund.

      To the Superintendent of Public Instruction, two thousand dollars per annum, payable out of the General School Fund of the State.

State officers, salaries of.

Lieut.-Gov. relieved of ex-officio duties.

Deputies’ salaries established, and certain duties imposed.

dollars per annum, payable out of the General School Fund of the State.

      Sec. 2.  From and after the first day of January, eighteen hundred and eighty-three, the Lieutenant-Governor, when acting as Governor in the absence or incapacity of the Governor, shall receive fourteen dollars per day, and ten dollars per day as President of the Senate during the sessions of the Legislature, and such mileage as is provided by law for members of the Legislature in going to and returning from his duties as President of the Senate. And he shall receive no other or further compensation. From and after the first day of January, eighteen hundred and eighty-three, the Lieutenant Governor shall cease to act in the capacity of ex-officio Adjutant-General and ex-officio State Librarian.

      Sec. 3.  On and after the first day of January, eighteen hundred and eighty-three, the Surveyor-General, as ex-officio Register of the State Land Office, shall receive an annual salary of two thousand dollars, payable out of the State School Fund; and the Clerk of the Supreme Court shall receive a salary of twenty-four hundred dollars per annum; and the salary of the Superintendent of Public Instruction, as ex-officio Curator of the State Museum and Secretary of the Board of Directors of the State Orphans’ Home, shall be four hundred dollars per annum.

      Sec. 4.  From and after the first day of January, eighteen hundred and eighty-three, the following salaries shall be paid to the following-named attaches of the State Government:

      To the Governor’s Private Secretary, two thousand dollars per annum, and he shall act as Clerk of the Board of Pardons, without further compensation.

      To the Deputy Secretary of State, two thousand dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners, without further compensation.

      To the Deputy State Controller, two thousand dollars per annum, and he shall act as Clerk of the Board of State Printing Commissioners, without further compensation.

      To the Deputy in the Surveyor-General and Land Register’s office, two thousand dollars per annum, to be paid out of the State School Fund.

      To an additional clerk in the Land Register’s office, when his employment is authorized by law, fifteen hundred dollars per annum, to be paid out of the State School Fund.

      To the Deputy State Treasurer, two thousand dollars per annum, and he shall act as Clerk of the Board of Commissioners for the Care of the Indigent Insane, without further compensation.

      To the Clerk in the State Library, one thousand dollars per annum.

      Sec. 5.  Whenever the Governor’s Private Secretary, or any Deputy or Clerk in any State office is appointed as Clerk or Secretary of any State Board or Commission, whether by such Board or Commission or the Legislature, he shall serve as such Clerk or Secretary without any compensation, unless such compensation is specifically fixed by law.

      Sec. 6.  From and after the passage of this Act the Warden of the State Prison shall receive a salary of two thousand dollars per annum.

      Sec. 7.  To State Senators and members of the Assembly, eight dollars per day for each day of service, and twenty-five cents per mile for each mile actually traveled in going to and returning from the place of meeting; provided, that each member may be allowed not exceeding thirty dollars for the purchase of newspapers and stationery at each session.

      Sec. 8.  From and after the first day of January, eighteen hundred and eighty-three, the salary of the Superintendent and Matron of the State Orphans’ Home shall be two thousand dollars per annum for the services of both, and the salary of the Teacher shall not exceed seven hundred and fifty dollars per annum.

      Sec. 9.  From and after the first day of January, eighteen hundred and eighty-three, the Superintendent of State Printing shall receive two thousand dollars per annum, which shall be in full for his services as Superintendent of State Printing.

      Sec. 10.  All Acts and parts of Acts relating to the salaries or compensation of the State officers and attaches of the State Government named in this Act, in so far only as they conflict with the provisions of this Act, are hereby repealed.

Warden of Prison.

Members of Legislature, per diem and mileage

Orphans’ Home, Teacher, etc

Printing Supt.

Chap. XXXIII.–An Act Supplementary to an Act entitled “An Act Concerning Crimes and Punishments,” approved November 26, 1861, and Acts Amendatory Thereto and Supplemental Thereto.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Every person who shall feloniously steal, take, and carry away, lead, drive, or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, or jenny, the property of another, shall be deemed guilty of grand larceny, and upon conviction shall be punished by imprisonment in the State Prison for any term not less than one year nor more than fourteen years.

Taking domestic animals.

Grand larceny and penalty.

jenny, the property of another, shall be deemed guilty of grand larceny, and upon conviction shall be punished by imprisonment in the State Prison for any term not less than one year nor more than fourteen years.

      Sec. 2.  This Act shall take effect immediately.

County Commissioners of Nye County to issue Bonds.

Denomination and purport.

How executed.

Interest coupons and form of same, where payable, etc.

Chap. XXXIV.–An Act to Fund the Court House Bonds of Nye County.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  In order to provide for the payment of the outstanding bonds of Nye County, known as the “Court House Bonds,” issued by the County Commissioners in the year eighteen hundred and seventy-five, the Board of County Commissioners of said county are hereby authorized and directed to cause to be prepared suitable bonds equal to the amount of said outstanding bonds; said bonds shall be of the denomination of five hundred ($500) dollars, and each and every bond shall purport, in substance, that the county of Nye, State of Nevada, owes the holder thereof, the sum expressed therein bearing interest at the rate of eight per cent. per annum from the first day of January, eighteen hundred and eighty-one, to any period of time within sixteen years from the first day of January, eighteen hundred and eighty-one; said bonds and interest shall be made payable in lawful money of the United States, and shall be signed by the Chairman of the Board of County Commissioners of said county, countersigned by the County Auditor, endorsed by the County Treasurer, and shall have the seal of the county annexed thereto.

      Sec. 2.  Coupons for the interest shall be annexed to each bond; said coupons shall be numbered consecutively and shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer; said coupons shall be made payable at the office of the County Treasurer, commencing for the first year on the first Monday in January, eighteen hundred and eighty-two, and annually thereafter until the whole amount of said coupons and bonds are paid. Upon payment of any of said coupons the County Treasurer shall cancel and deliver the same to the County Auditor to be by him filed in his office.

      Sec. 3.  It shall be the duty of the Clerk of the Board of County Commissioners of Nye County to keep a record of all such bonds as may be issued under the provisions of this Act, showing the number, date, amount and to whom issued.

      Sec. 4.  The Board of County Commissioners of the county of Nye are hereby authorized to exchange said bonds, dollar for dollar, for the bonds now outstanding, on the surrender of the same by the holders thereof; the lowest numbers of the new bonds to be exchanged for the lowest numbers of the outstanding bonds, and thus on until the highest number is redeemed by the highest number of the new bonds.

      Sec. 5.  After the exchange of the bonds herein provided for, it shall be the duty of the County Treasurer to set apart a fund for the purpose of paying the principal and interest of said bonds, as the same may become due, which fund shall be known as the Interest Fund, to create which there shall be levied and collected, in addition to the ordinary taxes for county purposes for the fiscal year, beginning January first, eighteen hundred and eighty-one, and annually thereafter until all the bonds issued under the provisions of this Act shall have been fully paid, both principal and interest, a special tax not exceeding twenty-five cents on each one hundred dollars of taxable property, including the tax on the net proceeds of the mines; said tax to be levied and collected at the same time, and in the same manner as other revenues of said county. The funds derived from this tax shall be applied to the payment of interest accruing upon said bonds as herein provided; provided, that should a surplus remain in said Interest Fund after the payment of the annual interest, it shall be applied to the payment of the principal, as herein provided for.

      Sec. 6.  If on the first Monday in January, eighteen hundred and eighty-two, or whenever, on the first Monday in January, annually thereafter, until the bonds issued under the provisions of this Act shall have been paid, there shall remain in said Interest Fund a surplus of five hundred dollars or more, after the payment of the annual interest, as in this Act provided, the County Treasurer of said county shall advertise in a newspaper published in Nye County, for the space of four weeks, for the surrender of so many of said bonds as the surplus amount of money in said Interest Fund will pay in their regular order as numbered, commencing with number one, and continuing the payments in that order, according to their number, and in the event that the holder or holders of the said bond or bonds in order of payments, as above provided, shall fail to present his or their bonds for payment at the time and place mentioned in said advertisement,

Duty of Co. Clerk.

New Bonds to be exchanged for old ones.

Treasurer to set apart a fund to pay Bonds, etc.

Tax to be levied and time of levy

Limit of taxation.

When to levy and how applied

Application of surplus.

County Treasurer to advertise, etc.

Expenses, how paid.

advertisement, then the said bonds or bonds, so advertised, shall cease to bear interest from the time named in the advertisement for the payment of the same; provided, said Treasurer shall reserve in said Interest Fund an amount sufficient to pay the principal of the bond or bonds so advertised when presented for payment.

      Sec. 7.  All necessary expenses incurred by the Board of County Commissioners of said county, in carrying out and executing the provisions of this Act, shall be paid out of the Contingent Fund of said county.

      Sec. 8.  This Act shall take effect and be in force on and after its passage.

Road Supervisors to collect road taxes and expend the same.

Amount of expenditure on roads limited.

Supervisor to file list.

Surplus paid over to Treasurer.

Chap. XXXV.–An Act Amendatory of an Act entitled “An Act in Relation to Public Highways,” approved March 15, 1875.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Four of an Act entitled “An Act in Relation to Public Highways,” is hereby amended so as to read as follows:

      Section Four.  It shall be the duty of each Road Supervisor faithfully to collect all road taxes lawfully imposed and required to be paid, and judiciously and economically to expend the same, together with all other sums belonging to the Road Fund of his district, or such part thereof as in his judgment may be required, upon the public highways of his district; to superintend all labor upon such highways, and to see that the same is faithfully performed; provided, that no Road Supervisor shall be permitted to perform labor upon the highways of his district in excess of the sum of fifty dollars during any one quarter, except upon the advice and with the consent of the County Commissioners of his county, previously obtained. The Supervisor of each district shall, on the first Monday of January and the first Monday in July of each year, file with the County Clerk of his county a list of the names of all persons who have been residents thereof thirty days, designating those who have paid poll taxes, and at the same time and place shall file a full and concise statement of all labor performed, including his own, and all moneys received and paid out. Any surplus of money remaining after payment of all road dues, not including his own wages, he shall pay over to the County Treasurer of his county and take his receipt therefor. The County Treasurer shall place the same to the credit of the Road Fund,

County Treasurer shall place the same to the credit of the Road Fund, to be used for the benefit of such road district, which said Road Fund the several Boards of County Commissioners of this State are hereby authorized and directed to create and maintain; provided, such fund may not be created in any county which has not or shall not have any road district.

Chap. XXXVI.–An Act to Amend an Act entitled “An Act to Secure Liens to Mechanics and Others, and Repeal All Other Acts in Relation Thereto,” approved March 2, 1875.

[Approved February 23, 1881.]

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 to Secure Liens to Mechanics and Others, and to Repeal all Other Acts in Relation Thereto,” approved March the 2d, 1875, is hereby amended so as to read as follows:

      Section One.  Every person performing labor upon, or furnishing material of the value of five (5) dollars or more, to be used in the construction, alteration or repair of any building or other superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, building, bridge, fence, or any other structure, has a lien upon the same for the work or labor done or material furnished by each, respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and all miners, laborers and others who work or labor to the amount of five (5) dollars or more in or upon any mine, or upon any shaft, tunnel, adit, or other excavation, designed or used for the purpose of prospecting, draining or working any such mine; and all persons who shall furnish any timber or other material, of the value of five (5) dollars or more, to be used in or about any such mine, whether done or furnished at the instance of the owner of such mine or his agent, shall have, and may each respectively claim and hold, a lien upon such mine for the amount and value of the work or labor so performed, or material furnished; and every contractor, sub-contractor, architect, builder, or other persons, having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner, for the purposes of this Chapter.

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

Laborers and others to have a lien on buildings, mines, etc.

Contractors and others held as owners or agents.

Insurance Companies prohibited from doing business without a certificate.

Companies to have five resident directors.

Amount of capital required, and how invested.

Assets at cash value.

Loans prohibited.

Terms of insurers limited.

Chap. XXXVII.–An Act to License and Regulate Insurance Business in This State.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  No company, corporation, or association organized under the laws of this State, or any other State, or Government, or firm, or individual, shall be permitted to transact an insurance business in this State, without a certificate from the State Controller authorizing and permitting the transaction of such business.

      Sec. 2.  Corporations may be formed under the general laws of this State for the transaction of insurance business, but no such corporation shall be permitted to assume any risk as insurer, unless the same shall have at least five directors, who shall be residents and property owners in this State, and stockholders in the corporation; nor until such corporation shall have a paid up, unimpaired cash capital equal to two hundred thousand dollars, in United States gold coin, which shall be invested in this State in State or United States bonds; bonds and mortgages on first-class, otherwise unincumbered, real estate, the market value of which shall be at least double the amount invested in or loaned thereon; bonds of any city or county in this State, the issuance of which was duly authorized by law; bonds of any railroad, wagon road, ditch, or canal incorporation or association; provided, that such bonds or securities shall at no time be estimated as assets of such corporation at more than their actual cash market value; and nothing in this Act shall be construed to permit any investment in mining stock.

      Sec. 3.  No loan shall be made to any stockholder by any insurance corporation formed under the laws of this State, nor shall any stockholder be interested in any way in any loan, pledge, security, or property of any insurance company organized under the laws of this State, except as stockholder in said company, and any property claimed as belonging to such company, standing in the name of any person or persons, shall not be admitted as an asset of such company.

      Sec. 4.  No association, firm, or individual, whose principal office shall be in this State, shall be permitted to transact business as insurer on terms more favorable than are defined in Section Two of this Act.

      Sec. 5.  The Controller of State is hereby authorized and required, upon the receipt of a written request, signed by three citizens of this State, or whenever from any cause he shall deem it necessary, to make a thorough examination of the books, accounts, securities, and all property belonging to any company incorporated under the laws of this State, and if he does not find capital paid up to the amount of two hundred thousand dollars, or if he shall find the capital impaired, he shall give notice to such company to immediately repair its capital, and shall refuse or revoke his certificate of authority to such company to do business in this State; and if any company shall refuse to permit such examination the Controller shall refuse or revoke his certificate of authority to such company, If after such notice, refusal or revocation of his certificate by the Controller, such company shall continue to make contracts and issue policies, the officers, or any officer, agent, or other person so violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined the sum of five hundred dollars for each offense committed after the receipt of such notice, and in default of payment of such fine shall be imprisoned in the County Jail of the county in which the offense was committed for period not exceeding six months, or until such fine shall be paid.

      Sec. 6.  For the purpose of repairing the capital of insurance companies or corporations, assessments may be levied upon the capital stock thereof, and collected as now provided by law for levying and collecting assessments upon the capital stock of other corporations in this State.

      Sec. 7.  For the purpose of examination, the Controller shall have free access to all books, papers and property of any insurance company formed under the laws of this State, and shall thoroughly inspect and examine the same, as far as necessary to determine the financial condition and ability of such company to fulfill its engagements, and also to ascertain whether it has complied with all the requirements of this Act. And it shall be the duty of such company to permit its books to be opened to the inspection of the Controller, and otherwise to facilitate such examination. The Controller shall have power to examine any officer, agent or employe of such company, under oath, and require answers in writing, and if he shall find the books carelessly or improperly kept, or kept with intent to deceive, he shall have power to employ experts to thoroughly examine, rewrite, post and balance the same at the expense of such company; and the Controller shall refuse or revoke his certificate of authority to any company refusing to permit such examination, or to pay the legitimate expenses thereof.

Controller to make examinations.

Notice to repair capital.

Revoke certificate and penalties.

Assessment on stock.

Controller to have access to books, etc.

Duties of companies in facilitating the examination.

Showings required of companies other than State corporations.

Service of notice.

Controller’s duties and powers.

Violations of law and penalties.

      Sec. 8.  No insurance company organized outside the State of Nevada shall be permitted to do business in this State until it shows to the Controller, by the reports of the Insurance Commissioner or insurance officer of some other State having an insurance department, or by a certificate of such insurance officer, that it is possessed of a paid up, unimpaired cash capital of at least two hundred thousand dollars, nor until such company shall have filed with the Controller a power of attorney which shall set forth that such company is a corporation or duly organized insurer (naming the principal place of business of the company and the principal place of business for the Pacific Coast), which power of attorney shall authorize a citizen and resident of this State to make and accept service in any proceeding in any of the Courts of justice of this State, or any of the United States Courts herein. If any attorney of any insurance company, appointed under the provisions of this Act, shall remove from the State or become disqualified in any manner from accepting service, and if any citizen or resident of this State shall have any claim by virtue of any insurance policy issued by any company not represented by attorney in this State, valid service may be made on such company by service upon the Controller; provided, that in such case the Controller shall immediately notify such company and the principal agent for the Pacific Coast, inclosing a copy of the service, by mail, post-paid; and provided further, that in such case no proceedings shall be had within forty days after such service on the Controller.

      Sec. 9.  Upon the written representation of three citizens, and the belief of the Controller, that any company organized outside of this State and doing an insurance business in this State has less than two hundred thousand dollars paid up, unimpaired cash capital, it shall be the duty of the Controller to make such investigation or require such proof as shall be satisfactory to him concerning the financial condition of such company; provided, however, the certificate of the insurance officer of any State having an insurance department, that such company has a paid up, unimpaired cash capital equal to two hundred thousand dollars in United States gold coin, shall be accepted by the Controller as satisfactory. If such company does not, within sixty days after demand of the Controller, produce such certificate, the Controller shall revoke his certificate of authority to such company to do business in this State, and in the meantime may withdraw or withhold his certificate of authority until such certificate is produced. If, after such withholding, refusal, withdrawal or revocation, such company, or any officer, agent or other person, shall write, deliver or agree to deliver any policy in such company, such person so violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalties provided in Section Five of this Act.

violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalties provided in Section Five of this Act.

      Sec. 10.  No company not incorporated in the United States shall be permitted to transact an insurance business in this State, unless the same shall have deposited or invested for the benefit of its policy-holders in the United States, in at least one State, a sum equal to two hundred thousand dollars, in gold coin, in excess of its liabilities in the United States.

      Sec. 11.  Nothing in this Act shall be construed to prevent any life insurance company having outstanding policies in this State from appointing agents to collect premiums thereon; provided, such company shall appoint an attorney, as provided in Section Eight of this Act, and pay five dollars for filing the power of attorney with the Controller, and the Controller shall issue his certificate authorizing the collection of premiums on outstanding policies only, and no requirement of capital herein shall apply to mutual life insurance companies possessing assets amounting to one million dollars or more.

      Sec. 12.  The Controller shall, in determining the liabilities of an fire insurance company organized under the laws of this State, estimate and determine all debts and liabilities of such company, and shall calculate the re-insurance reserve for fire risks by taking fifty per centum of the premiums received on all unexpired risks having less than one year to run, and a pro rata premium on all risks having more than one year to run, and such estimates shall be charged as a liability against such company. The Controller shall accept the valuations made by the insurance officer of any State under whose authority any life insurance company is permitted to transact business in that State.

      Sec. 13.  This Act shall take effect on the first day of June, 1881, and all licenses issued by the Controller shall expire on the thirty-first day of December of each year, and shall be issued pro rata for any period less than one year, and all companies having unexpired quarterly licenses shall have the full benefit thereof. Within thirty days after the first day of June, 1881, and within thirty days after the first day of January, 1882, and annually thereafter, each company doing or proposing to do an insurance business in this State shall apply to the Controller for a license, and if he shall be satisfied that such company is qualified to do business under the provisions of this Act, he shall issue the same, on the receipt in gold coin of the amount required herein, and the admission of any insurance company to do business in this State shall not be denied by the Controller when it makes and tenders a full compliance with the provisions of this Act.

Companies to have deposit.

Life Companies to appoint agents, etc.

Licenses.

Controller to estimate in determining liabilities.

Licenses to expire, and pro rata licenses to issue.

Applications for licenses.

Controller’s licenses and cost of issuance.

Charitable societies exempted.

Distribution of fines.

Liability of persons acting for companies in any capacity.

Controller can require copies of charter, deeds, etc.

Application of term company, etc.

      Sec. 14.  The Controller shall collect for filing each power of attorney and issuing his certificate, as required by this Act, five dollars; for an annual license to each fire insurance company, to transact business throughout this State, one hundred dollars; for an annual license to each life insurance company, cooperative insurance association, or mutual benefit society, to transact business throughout this State, one hundred dollars; for an annual license to each life and accident insurance company, to transact business throughout this State, one hundred dollars; provided, however, that nothing contained in this Act shall be construed to apply to any charitable secret society, organized in this State, or to prevent the same from issuing benefits to its own members. For examining the financial condition of any company or association organized in this State, the just and legitimate expenses of such examination which shall be paid by the said company, and the Controller shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay such expenses. All fines and penalties recovered under the provisions of this Act shall be paid into the State School Fund, and all licenses, fees, and other collections by the Controller shall be paid into the General Fund of the State; provided, the Controller shall be allowed the just and legitimate expenses of the examination before mentioned.

      Sec. 15.  Any person who solicits insurance, receives an application or order to write, renew or procure any policy, collects any premium, or who attempts as middleman to place any fire insurance in this State when such person holds no authority as agent from any insurance company or general agent of such company, shall be deemed an insurance broker, and shall pay to the county where such business is conducted or attempted, in advance, a quarterly license of fifteen dollars, and the License Collector of the county shall collect the same. If such broker shall neglect or refuse to procure such license he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than fifty dollars for each offense, and in default of payment of the fine shall be imprisoned in the County Jail not more than twenty-five days.

      Sec. 16.  The Controller may, at any time, require any insurance company doing business in this State to file in his office an authenticated copy of the certificate of incorporation, copy of the law, charter or deed of settlement under which its organization or formation was effected and its business is conducted; provided, however, that no company shall be required to file more than one such copy in this State.

      Sec. 17.  The provisions of this Act under either term or designation of company, corporation, association, firm or individual in either case,

individual in either case, or where either term or designation is used, shall apply to any insurer, company, corporation, association, firm, or individual engaged as insurers, or who may hereafter engage as insurers in this State, or who may engage in offering or affording indemnity against the casualties of fire or life.

      Sec. 18.  Any officer, agent or employe of any insurance company or other person violating any of the provisions of this Act, shall, on conviction thereof, be fined not less than fifty dollars nor more than three hundred dollars, and in default of payment of such fine shall be imprisoned in the County Jail not less than ten days nor more than three months, except as otherwise specially provided in this Act, and the Controller is authorized and directed to cause proceedings to be instituted in the name of the State of Nevada, in any Court of competent jurisdiction, to enforce the provisions of this Act.

      Sec. 19.  In the event of the total destruction of any insured property on which the amount of the appraised or agreed loss shall be less than the total amount insured thereon, the insuring company or companies, shall return to the insured the unearned premium for the excess of insurance over the appraised, or agreed loss, to be paid at the same time and in the same manner as the loss shall be paid.

      Sec. 20.  “An Act to Tax and Regulate Foreign Insurance Companies Doing Business in This State,” approved January 31, 1873, is hereby repealed, and all other Acts and parts of Acts, in so far only as they conflict with the provisions of this Act, are hereby repealed.

Fines and penalties.

Unearned premiums to be returned in certain cases.

Chap. XXXVIII.–An Act to Amend an Act entitled “An Act to Provide for the Registration of the Names of Electors and to Prevent Fraud at Elections,” approved March 5, 1869.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Eleven of an Act entitled “An Act to Provide for the Registration of the Names of Electors and to Prevent Fraud at Elections,” approved March 5, 1869, is hereby amended so as to read as follows:

      Section Eleven.  Before entering upon the duties prescribed in this Act the Registry Agents (excepting Justices of the Peace who have been duly qualified) shall severally take and subscribe before an officer duly authorized to administer oaths the following oath or affirmation,

Registry agents to subscribe to oath.

Form of oath.

take and subscribe before an officer duly authorized to administer oaths the following oath or affirmation, which shall be filed in the office of the County Clerk of their respective counties, to wit: I, ..........., Registry Agent for Election Districts Numbers ...... and ......, in the County of ..........., and State of Nevada, do solemnly swear, or affirm, that I will perform all the duties of Registry Agent in and for said Election Districts according to law and the best of my ability, and that in the discharge of my duties as such Registry Agent I will honestly endeavor to prevent fraud, deceit, or any other manner of abuse of the elective franchise, so help me God, or under the pains and penalties of perjury. This Act shall take effect on and after its passage.

In cases of attachments, etc., against laborers and others, to give notice of the amount of claims.

Time of serving notice. Creditors to give notice.

Copy of notice to be served upon the debtor, or upon officer in certain cases.

Chap. XXXIX.–An Act to Amend an Act entitled “An Act to Protect the Wages of Labor,” approved February 21, 1873.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Three of an Act entitled “An Act to Protect the Wages of Labor,” approved February 3, 1873, is hereby amended so as to read as follows:

      Section Three.  In all cases of execution, attachments and writs of a similar nature against the property of any person or persons, or chartered company or corporation, it shall be lawful for such miner, mechanic, salesman, servant, clerk and laborer to give notice of their claim or claims, and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim to the officer executing either of such writs, at any time before the actual sale of property levied upon; the creditor or creditors making the claim shall at the same time give notice in writing to the creditor or creditors at whose instance the property has been levied upon, or his or their attorney, of their said claim or claims, and the amount thereof duly certified and sworn to by such claimant or claimants; a copy of said notice shall also be served upon the debtor, if he be found within the county where the property levied upon is situated; provided, that if the debtor cannot be found within the county where the property levied upon is situated, then said notice may be served upon the officer executing either of such writs in lieu of said debtor. Upon the filing in the Court where the action or actions against the debtor is,

the debtor is, or are pending, of an affidavit of the claimant or claimants, showing his or their compliance with the foregoing provisions of this Section, the officer executing either of said writs shall pay to such miners, mechanics, salesmen, servants, clerks or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered, within ninety days next preceding the levy of the writ of execution, attachment, or other writ, not exceeding two hundred dollars in gold coin of the United States; provided, that either the creditor or debtor may dispute the claim of any person seeking and claiming preference under this Section, and in such case the party or parties disputing such claim shall serve a written notice that they dispute such claim upon the claimant or claimants, and upon the officer executing such writs, within five days from the time of service upon such creditor or debtor of the notice of the claim by the claimant seeking preference, as hereinbefore provided for. Within ten days from the time of the service last provided for, the claimant or claimants shall commence an action in any Court of competent jurisdiction against the debtor, and the person or persons disputing his or their claim, or claims, for the recovery thereof, and shall prosecute such action with due diligence, or be forever barred from any claim of priority payment thereof; but in case action is rendered necessary by the Act as aforesaid, by either debtor or creditor, and judgment shall be had for said claim, or any part thereof, carrying costs, the costs attending the prosecution of said action, and legally taxable therein, shall likewise be a preferred claim, with the same rank as the original claim; and provided further, if the amount of assets, after deducting costs of levy and sale, shall not be adequate to the payment of all the preferred claims of this class, they shall be paid pro rata out of the money hereby made applicable thereto; and, provided further, that nothing in this Act contained shall be construed to affect any homestead claims, mortgage or lien of any description, created and existing before the claim of such laborer accrued.

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

Officer to pay out of proceeds of sale to laborers and others certain moneys, time of payment, and limit of amount.

Written notice to be given if claim disputed.

Action thereon.

Claims preferred paid pro rata, if amounts are inadequate.

Defendants imprisoned until fine paid, and execution may issue.

Chap. XL.–An Act Amendatory of an Act entitled “An Act to Regulate Proceedings in Criminal Cases in the Courts of Justice in the Territory of Nevada,” approved November 26, 1861.

[Approved February 23, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Six Hundred and Twenty-five of an Act entitled “An Act to Regulate Proceedings in Criminal Cases in the Courts of Justice in the Territory of Nevada,” approved November 26, 1861, is hereby amended so as to read as follows:

      Section Six Hundred and Twenty-five.  When a judgment is entered imposing a fine and ordering the defendant to be imprisoned until the fine be paid, he shall be held in custody during the time specified in the judgment, unless the fine be sooner paid, and execution may issue for the collection of said judgment, the same as in civil cases.

Contracts of convict labor.

Chap. XLI.–An Act Concerning Convict Labor.

[Approved February 24, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The Board of State Prison Commissioners are hereby authorized to contract for the hire of convict labor for any period not to exceed five years from date of contract, upon such terms and under such provisions as they may deem proper.

Chap. XLII.–An Act to Provide for the Taking Care of the Insane of the State of Nevada.

[Approved February 24, 1881.]

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

Assembly, do enact as follows:

      Section 1.  A Board, consisting of the present Board of Commissioners for the Insane, and the Lieutenant-Governor, W. E. F. Deal, and George W. Huffaker, is hereby created for the purpose of causing to be erected, on the State land near the town of Reno, Washoe County, a suitable building or buildings for the care of the indigent insane of the State of Nevada. The said Asylum shall have sufficient capacity for the care of one hundred and sixty patients; provided, that said Asylum shall be completed within fifteen months after the passage of this Act; and provided, that said building or buildings shall be built of stone or brick, and shall be fireproof so far as consistent with cost and in the judgment of the Board.

      Sec. 2.  Before entering upon their duties, as prescribed in this Act, the said Commissioners shall take and subscribe the Constitutional oath of office, and cause the same to be filed with the Secretary of State.

      Sec. 3.  Immediately after qualifying, the members shall meet at the seat of government, and organize said Board by electing from their number a President, Vice President, and Secretary, whose duties shall be defined by the by-laws of said Board. They shall also appoint some competent builder to superintend the construction of the work herein provided for at a per diem not to exceed six dollars.

      Sec. 4.  After the approval of this Act they shall organize and act immediately. They shall advertise in two newspapers in this State, and one in California, for the presentation of plans and specifications for the erection of a building or buildings with a capacity of accommodating one hundred and sixty inmates, said building or buildings to be so constructed that additions can be made when found necessary. After the adoption of plans by the Board, under no consideration whatever shall any changes be made in said plans or specifications, unless by the unanimous consent of the Board of Commissioners, and the consent of the contractor, and without additional expense to the State.

      Sec. 5.  As soon as practicable, after adopting plans, the Board shall advertise for sealed proposals for furnishing the material and doing all the work for the erection of said building or buildings. Said Board may adopt or reject any and all bids not deemed reasonable or satisfactory; but, in determining bids for the same work or material, the lowest responsible bid shall be taken.

Board of Insane Commissioners created; duties and powers.

Oath of office.

Board to meet and elect officers.

Superintendent and his pay.

Advertise for plans, etc.

Unanimous consent required to change plans.

Advertising for materials, etc.

Bond of contractor.

Conditions of bond and contract.

Board to estimate and allow percentage.

Board of Examiners to receive certified amounts.

Commissioners not to be interested in contracts.

Appropriation.

Money taken from School Fund, and bonds to be issued.

and all bids not deemed reasonable or satisfactory; but, in determining bids for the same work or material, the lowest responsible bid shall be taken.

      Sec. 6.  The contractor for the erection of said building or buildings shall be required to furnish a good and sufficient bond for the payment of all debts and liabilities incurred in the erection of said building or buildings, and no allowance or increase of pay shall be given over and above the contract price; and said contractors shall bind themselves to complete the work ready for the occupation of the patients within six months from the date of the signing of the contract, or pay a forfeit to the State at the rate of two hundred and fifty dollars per day for each day beyond the time herein allowed.

      Sec. 7.  Said Board shall cause monthly estimates to be made during the progress of the building and allow thereon seventy-five per cent. of the value of such work and material actually done and delivered, and no more; twenty-five per cent. being reserved as security for the completion of the contract, which amount shall be paid in full when said contract is completed and the work accepted by the Board.

      Sec. 8.  At the expiration of each month, after the signing of the contract, said Board shall procure the estimates as provided for in Section Seven of this Act, and shall certify to the amounts thereof to the State Board of Examiners; and, upon the allowance thereof by said Board, properly certified to the State Controller, he shall draw his warrant on the State Treasurer in favor of the proper person for seventy-five per cent. of the amount thus certified to, and the State Treasurer shall pay the same out of any fund appropriated for such purpose.

      Sec. 9.  No fees or compensation of any kind shall be allowed to any member of the Board of Commissioners by this Act created, except as hereinafter provided, nor shall any member be interested directly or indirectly, in any contract for furnishing material or performing labor in the erection of said building or buildings.

      Sec. 10.  Eighty thousand dollars is hereby appropriated for the construction and furnishing of said building or buildings, and in no case shall a contract be entered into which shall exceed the sum of eighty thousand dollars for the erection of said building or buildings and furnishing as aforesaid.

      Sec. 11.  The money herein appropriated shall be taken from the State School Fund, and in its place shall be deposited eighty bonds of one thousand dollars each, bearing interest at the rate of four per cent. per annum; said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure, after two years; said bonds shall be signed by the Governor and State Controller,

the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes to its State School Fund eighty thousand dollars, the interest on which sum, at four per cent. per annum, she agrees to pay during the life of said bonds, for the benefit of the common schools of the State; said bonds shall be lithographed, as is usual in similar cases, and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually, on the first days of January and July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the Indigent Insane Interest and Sinking Fund herein created. All sums derived from the interest on said bonds shall go into the General School Fund, for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged.

      Sec. 12.  There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and eighty-one, and annually thereafter, an ad valorem tax of three cents on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the Indigent Insane Interest and Sinking Fund, for the payment of the interest and redemption of bonds herein authorized by this Act.

      Sec. 13.  The Board of Commissioners, as named in this Act, shall have full power and exclusive control of and over all the grounds, buildings, property, and inmates of the Asylum, and shall furnish or cause to be furnished all needful supplies, provisions, and medicines for the care of the insane, and have charge of all other matters connected with the institution. They shall establish such rules, regulations, and by-laws for the construction and government thereof as they may deem proper. The Board of Commissioners shall cause to be kept a record of their proceedings, which shall at all times be open to inspection by a committee of the Legislature. During the first week of the session a report shall be submitted to the Legislature, showing the annual receipts and expenditures, the condition of the Asylum, number of patients admitted during the year, number remaining in the Asylum at the date of report, and all matters touching the general affairs of the institution as they may deem proper, and shall from time to time visit the Asylum, examine into its affairs, condition, government, and make thorough inspection thereof. The Board of Commissioners shall, at the expiration of the present contract with Doctors Langdon & Clark,

Interest.

State Board of Education.

Taxes.

Powers of Board of Commissioners.

Rules and regulations.

Record of proceedings.

Submit report to the Legislature.

Contract with Dr. Asa Clark.

Elect Superintendent; his qualifications, pay, etc.

Patients removed from California.

District Judge’s duty, etc., in regard to commitments.

Form of certificates.

with Doctors Langdon & Clark, of the State of California, enter into a new contract with Doctor Asa Clark, of the State of California, to care for the insane patients of this State until July first, eighteen hundred and eighty-two, at the price per day per patient now paid Langdon & Clark.

      Sec. 14.  The Board of Commissioners shall elect one resident physician, who shall be the General Superintendent of the Asylum, subject at all times to the order and direction of said Board, who shall have power at any time to discharge and remove said Superintendent whenever in their judgment it shall be deemed proper for the best interest of the State. The Superintendent so elected shall reside at the Asylum, be a graduate in medicine, and receive a salary of two thousand four hundred dollars per year, payable monthly, in equal installments. He shall cause to be kept a fair and full account of all his doings, and of the entire business and operations of the institution, and submit a monthly report to the Board of Commissioners. The Superintendent shall employ all necessary help needed at the Asylum, subject to the approval of the Board of Commissioners.

      Sec. 15.  From and after the completion of this Asylum, and when it shall be ready for the reception of patients, the insane patients now in California shall be received therein, and it shall be the duty of the Judge of the District Court in each Judicial District in this State, upon the application of any person, under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, to cause the said person to be brought before him at such time and place as he may direct; and the said Judge shall also cause to appear at the same time and place one or more licensed practicing physicians, who shall proceed to examine the person alleged to be insane; and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the Judge is satisfied that such person is, by reason of insanity, unsafe to be at large, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, children, brother or sister living within this State of sufficient means or ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the Insane Asylum of this State, at the expense of the State, and place the said person in charge of the proper person having charge of the said Asylum, together with a copy of the complaint, commitment, and physician’s certificate, which shall be in such form as the Board of Commissioners may prescribe.

      Sec. 16.  Paying patients whose friends or property can pay their expenses, shall pay according to the terms directed by the Board of Commissioners; but the insane poor shall, in all respects, receive the same medical care and treatment from the institution, and good, wholesome food, and no record of debt shall be made against them.

      Sec. 17.  All sums due for the support, care, and clothing of the insane, and all other needful expenses of the Asylum shall be certified by the Board of Commissioners of said Asylum and approved by the Board of Examiners, as now provided by the Constitution of the State of Nevada, and audited by the Controller, and paid by the State Treasurer, out of any moneys in the State Treasury appropriated for that purpose.

      Sec. 18.  The State Controller is hereby authorized to draw his warrant in favor of the Commissioners for their incidental expenses in carrying out the provisions of this Act, after the Board of Examiners have properly allowed the same.

Paying patients.

Medical care of indigent.

Claims to be certified and approved, and payment provided for.

Warrants.

Chap. XLIII.–An Act to Amend an Act entitled an Act to Amend an Act entitled an Act to Amend Section One of an Act passed by the Legislative Assembly of the Territory of Nevada, entitled “An Act to Provide for the Appointment of Notaries Public and Defining Their Duties,” approved February 9, 1864; approved March 20, 1865; approved February 9, 1866; approved March 13, 1867; approved January 27, 1879.

[Approved February 25, 1881.]

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

Assembly, do enact as follows:

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

      Section One.  The Governor is hereby authorized to appoint and commission Notaries Public in the several counties in this State as follows: For Storey County, twelve; Lander County, sixteen; Nye County, sixteen; Churchill County, four; Esmeralda County, twenty; Ormsby County, four; Humboldt County, sixteen; Washoe County, nine; Douglas County, five; Lyon County, eight; Roop County, two; Eureka County, ten; Elko County, twelve; White Pine County, ten; Lincoln County, eight, and for any new county hereafter created or organized, six; who shall hold office for the term of two years; provided, the Governor may at any time, for cause, revoke the commission of any Notary Public appointed under the provisions of this Act.

Notaries Public. Governor to appoint.

Washoe county to issue bonds; denomination, terms, etc.

Taxes.

Application of the proceeds.

Surplus.

Chap. XLIV.–An Act Supplementary to an Act entitled “An Act to Authorize the School Trustees of School District No. 10, in Washoe County, to Issue Bonds for School Purposes,” approved February 18, 1879.

[Approved February 25, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The School Trustees of School District Number Ten, of Washoe County, are hereby authorized to issue additional bonds for a sum not exceeding three thousand ($3,000) dollars, bearing interest at the rate of eight per cent. per annum, which bonds shall be issued for sums not less than one hundred ($100) dollars each, and shall run for a period not less than twenty years from the date thereof, and shall in all other respects be prepared and issued; and a tax shall be levied and collected; and the bonds and the interest thereon shall be paid; and the bonds shall be redeemed, and all other things and acts shall be done and performed to give full force and effect to this Act, as are provided in Sections Two, Three, Five, Six, Seven and Eight of the Act to which this Act is supplementary.

      Sec. 2.  The proceeds from the sale of the bonds, specified in Section One of this Act, shall be applied to the indebtedness incurred in and now due on and for the construction of the main brick school building, on the north side of the river, in the town of Reno, in School District Number Ten, in Washoe County, State of Nevada; and if any sum of money shall remain, after such indebtedness is paid, such sum of money shall be applied to the construction of a fence inclosing the grounds of said main school building.

County Assessor to assess property; time of doing so.

Chap. XLV.–An Act to Amend an Act entitled “An Act to Further Amend an Act entitled ‘An Act to Provide Revenue for the Support of the Government of the State of Nevada,’ ” approved March 9, 1865; approved March 1, 1866.

[Approved February 25, 1881.]

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

Assembly, do enact as follows:

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

      Section Six.  Between the first Monday in April and the second Monday in September, in each year, the County Assessor,

Assessor, except otherwise required by special enactment, shall ascertain by diligent inquiry and examination, all property in his county, real or personal, subject to taxation; and also the names of all persons, corporations, associations, companies or firms, owning, claiming or having possession, charge or control thereof. For the purpose of enabling the Assessor to make such assessment, he shall demand from each person and firm and from the president, cashier, treasurer, managing agent or superintendent of such corporation, association or company, including all banking institutions, associations or firms within his county, a statement, under oath or affirmation, of all real or personal property within the county, owned, claimed by or on deposit with, or in the possession or control of such person, firm, corporation, association or company, and it shall be the duty of such president, cashier, treasurer, managing agent or superintendent, to furnish to the Assessor a full and complete description of all money, jewelry, bonds or other personal property, which may be on special deposit with such corporation, banking institution, association or firm. If any person, officer or agent shall neglect or refuse on demand of the Assessor or his deputy, to give, under oath or affirmation, the statement required by this Section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be deemed guilty of a misdemeanor, and shall be arrested on the complaint of the Assessor or his deputy, and upon conviction before a Justice of the Peace of the county, he or she shall be punished by a fine of not less than ten ($10) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the County Jail for a term of not less than ten (10) days nor more than three months, or by both such fine and imprisonment, at the discretion of the Court. If the owner of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation, as herein provided, within five (5) days after demand is made therefor, the Assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the Assessor, the property shall be assessed in his or her name. If unknown to the Assessor, the property shall be assessed to unknown owners. It is hereby made the duty of the Assessor, at the end of each month, to report to the District or Prosecuting Attorney of the county the names of all persons neglecting or refusing to give the statement as required by this Section of this Act; and it is hereby made the duty of such District or Prosecuting Attorney to prosecute all persons so offending.

Statements provided for, certified, etc.

Penalty for non-compliance.

Assessor can estimate value of property in certain cases.

Report to District Attorney.

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

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

Austin disincorporated.

Offices abolished.

Take effect May 2, 1881.

Chap. XLVI.–An Act to Disincorporate the City of Austin, and to Repeal All Other Acts Touching Its Incorporation.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  An Act entitled “An Act to Incorporate the City of Austin,” approved February twentieth, eighteen hundred and sixty-four; an Act amendatory of and supplementary to an Act of the Legislative Assembly of the Territory of Nevada, entitled “An Act to Incorporate the City of Austin,” approved February twentieth, eighteen hundred and sixty-four, approved March eighth, eighteen hundred and sixty-five; an Act to amend an Act entitled “An Act amendatory of and supplementary to an Act of the Legislative Assembly of the Territory of Nevada, entitled ‘An Act to Incorporate the City of Austin,’ ” approved February twentieth, eighteen hundred and sixty-four, approved March eighth, eighteen hundred and sixty-five, approved February twenty-seventh, eighteen hundred and sixty-six; an Act amendatory of and supplementary to an Act entitled “An Act to amend an Act entitled ‘An Act amendatory of and supplementary to an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act to Incorporate the City of Austin,’ ” approved February twentieth, eighteen hundred and sixty-four, approved March eighth, eighteen hundred and sixty-five, approved February twenty-seventh, eighteen hundred and sixty-six, approved March second, eighteen hundred and sixty-seven, are each and all hereby repealed.

      Sec. 2.  All offices under any incorporation of the City of Austin are hereby abolished.

      Sec. 3.  This Act shall take effect on the second day of May, eighteen hundred and eighty-one.

Chap. XLVII.–An Act to Disincorporate the Town of Gold Hill, and to Repeal All Other Acts Touching Its Incorporation.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  An Act entitled “An Act to Incorporate the Town of Gold Hill,” approved March seventh, eighteen hundred and sixty-five; an Act entitled “An Act to amend an Act entitled ‘An Act to Incorporate the Town of Gold Hill,’ ” approved March seventh, eighteen hundred and sixty-five, approved February twenty-fourth, eighteen hundred and sixty-six; an Act entitled “An Act to Incorporate the Town of Gold Hill,” approved February twenty-fifth, eighteen hundred and sixty-nine; an Act entitled “An Act to Incorporate the Town of Gold Hill,” approved March third, eighteen hundred and seventy-one; an Act entitled “An Act to Incorporate the Town of Gold Hill,” approved February twenty-first, eighteen hundred and seventy-three; an Act entitled “An Act to amend an Act entitled ‘An Act to Incorporate the Town of Gold Hill,’ ” approved February twenty-first, eighteen hundred and seventy-three, approved February twenty-third, eighteen hundred and seventy-seven; an Act entitled “An Act to amend an Act entitled ‘An Act to Incorporate the Town of Gold Hill,’ ” approved February twenty-first, eighteen hundred and seventy-three, approved February twenty-third, eighteen hundred and seventy-seven, approved March seventh, eighteen hundred and seventy-nine, are each and all hereby repealed.

      Sec. 2.  All offices under any incorporation of the Town of Gold Hill are hereby abolished.

      Sec. 3.  This Act shall take effect on the second day of May, eighteen hundred and eighty-one.

Gold Hill disincorporated.

Office abolished.

Take effect May 2, 1881.

Co. Commissioners, powers and jurisdictions conferred.

Define the boundaries of town and time of doing same.

Suits to be maintained, etc.

Tax levy.

Streets, alleys, etc.

Condemn property.

Chap. XLVIII.–An Act Providing for the Government of the Towns and Cities of This State.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  In addition to the powers and jurisdiction conferred by other laws, the Boards of County Commissioners of the counties of this State shall have the following with regard to the management of the affairs and business of any town or city in their respective counties:

      First-To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised; provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the Board upon petition of a majority of the taxpayers thereof.

      Second-To institute and maintain any suit or suits in any Court or Courts necessary in their judgment to enforce and maintain any right or rights of said town or city; all such suits shall be instituted and prosecuted in the name of the Board of County Commissioners for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings and proceedings.

      Third-To levy a tax, not exceeding one and one-half per cent. per annum, upon the assessed value of all real and personal property (including proceeds of mines) situated in said town or city, made taxable by law for State and county purposes.

      Fourth-To lay out, extend and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said Board may, in its discretion, assess the cost of improving any street, or building or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk, or proposed sidewalk may be, and may make such cost of improvement, repairs, or building, a lien upon such property.

      Fifth-To condemn property for the use of the inhabitants of said town or city, in the manner hereinafter provided.

      Sixth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish and disband fire companies or fire departments in said city or town and to provide for the payment thereof and the appointment and payment of officers thereto; provided, that all such payments shall be made from the separate fund of the city or town where service is performed or required; and provided further, that the Chief Engineer of the Fire Department shall receive compensation in a sum not to exceed one hundred and fifty ($150) dollars per month; the Assistant Chief Engineer of the Fire Department not to exceed one hundred and twenty-five ($125) dollars per month; and all other employes of the Fire Department not to exceed one hundred ($100) dollars per month; and further provided, that a majority of the Board of County Commissioners shall name and appoint two-thirds of all such officers and employes, and the minority thereof shall name and appoint one-third.

      Seventh-To regulate the storage of gunpowder and other explosive or combustible materials within said town or city.

      Eighth-To determine what shall be deemed nuisances in such town or city, and provide for the punishment, prevention and removal of the same.

      Ninth-To fix and collect a license tax on, and regulate all places of business and amusement so licensed, as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard tables, boiler makers, boot and shoemakers and cobblers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dance houses, saloons or cellars, express and freight companies, foundries, gaming, hawkers and peddlers, hay yards, wagon yards and corrals, hotels, boarding houses and lodging houses, illuminating gas, electric light, insurance agents, job wagons, carts and drays, laundries, livery and sale stables, lumber yards, manufacturers of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, bar rooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stages and omnibuses, stock brokers, tailors, clothes cleaners, telegraph companies, theaters, melodeons, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax and regulate, prohibit and suppress all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling houses, disorderly houses, and houses of ill fame; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which such tax shall not have been paid,

Fire Department

Chief and Assistant Engineer’s salary, etc.

How appointed.

Gunpowder etc.

Nuisances.

Licenses, and to whom issued.

Dogs.

Issuance of licenses.

Punish for disorderly conduct. Board of Health.

Town property, sale of, etc.

Appraisers.

Breaches of ordinance punishable, fine and penalty.

Chain gang.

Ordinances, rules and regulations.

Publication

Claims audited, etc

Property condemned and appropriated.

Referee, etc.

dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades or business within said town or city not heretofore specified.

      Tenth-To provide for the issuance of all licenses in this Act mentioned or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued.

      Eleventh-To prevent, punish and restrain any disorderly conduct within said town or city; to establish and maintain a Board of Health.

      Twelfth-To hold, manage, use and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of said town or city, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.

      Thirteenth-To fix and prescribe the punishment for the breach of any ordinance made or adopted by said Board of County Commissioners, to be enforced within said town or city; but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city, and to that end a chain-gang may be formed, continued and operated.

      Fourteenth-To pass or adopt all ordinances, rules and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred; provided, that all ordinances of said town or city in force at the date of the assumption by said Board of County Commissioners of the powers and duties by this Act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such Board; and provided further, that no ordinance passed by said Board shall be in force or effect until published for one week.

      Fifteenth-To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The Board of County Commissioners shall appoint one referee and the claimant or claimants, or owner or owners of the property sought 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 the interest or interests claimed therein,

two referees so appointed shall not agree in the valuation of the property or the interest or interests claimed 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 or interests therein by them appraised, shall be reported to said Board of County Commissioners, and shall by them be regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the District Court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in gold coin, of the sum named as the value of such property, interest or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of said town or city, and said Board of County Commissioners may, at any time after twenty days’ notice, cause the Sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by the Board of County Commissioners, to appoint a referee to value such property, then said Board of County Commissioners shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal, as hereinbefore provided; but no act of condemnation of property, or of any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, 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 County Commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

      Sec. 2.  Annually, at the time of assessing or fixing the amount of taxes for county purposes, said Board of County Commissioners shall (subject to restrictions of subdivision Third, of Section One of this Act,) assess, fix, and designate the amount of taxes that should be levied and collected for city or town purposes on all real and personal property (including the proceeds of mines) assessable for State or county purposes within any town or city in their county,

Appeal by owners and time of taking same.

Property to belong to town or city when tender is made.

Sheriff to remove obstructions and take possession.

Co. Commissioners may become Board of Appraisers, etc.

Relative to condemnation of property.

Taxes and duties of officers.

Taxes, etc. to be paid over to the County Treasurer.

Duties of County Treasurer.

city or town purposes on all real and personal property (including the proceeds of mines) assessable for State or county purposes within any town or city in their county, which said taxes shall be collected at the same time, in the same manner, and by the same officers as provided in the revenue laws of this State for the levying and collecting of State and county taxes, and said revenue laws shall, in every respect not inconsistent with the provisions of this Act, be deemed and held applicable to the levying and collecting of the taxes hereinbefore mentioned; and in all cases where said Commissioners, or the County Assessor, or District Attorney of said county, or any other officer, or any Judge, or Justice of the Peace of said county, is required or authorized by law to adopt or use any form appertaining to the assessment or collection of county taxes, he or they shall also adopt or use a similar form in relation to assessing, levying, and collecting the taxes herein provided for, and may use the same in any book, paper, or document in which he or they have used the first named form, and in filling up the blanks of said last named form there shall be inserted the name of said town or city, using the name by which it is commonly designated, or such name as will enable the inhabitants thereof to know that their town or city, as the case may be, is intended to be named in said book, paper, or document; and all suits instituted to collect State or county taxes on real or personal property (including the proceeds of mines) assessed in said town or city, shall include the unpaid taxes herein authorized to be levied, and judgments therein rendered shall also include such taxes.

      Sec. 3.  All taxes, fines, forfeitures, or other moneys collected or received by any officer or person, under or by virtue of the provisions of this Act, shall be paid by the officer or person collecting or receiving the same to the County Treasurer of the county in which said taxes or moneys were collected or received; and said County Treasurer shall set the same apart as a fund to be used solely for the benefit of the town or city in which they were collected or received. He shall also enter the same upon his books to the credit of said town or city, and shall divide said fund into two portions, one to be designated as the General Fund, and the other as a Redemption Fund, and he shall not pay any money out of said General Fund except upon warrants drawn upon him by the County Auditor of his county, nor pay any money out of said Redemption Fund except in the manner specified in this Act, and when all claims payable from said Redemption Fund shall have been satisfied, then said fund shall cease, and any money therein remaining shall be transferred to the General Fund. If at any time after creating a Redemption Fund there shall be more money in the General Fund than is necessary to meet current or anticipated expenses,

more money in the General Fund than is necessary to meet current or anticipated expenses, said Board of Commissioners shall direct the Treasurer to transfer such surplus to the Redemption Fund, and the same shall thereafter be used as other moneys belonging to that fund.

      Sec. 4.  All salaries of officers mentioned in this Act, and all expenses incurred in carrying on any government herein provided for, shall be paid out of the General Fund of the town or city, to the affairs of which said government relates. All claims for such salaries and expenses shall be presented to the Board of County Commissioners, who shall consider and allow, or reject the same, in whole or in part, and a record of their action shall be entered upon their minutes. If allowed in whole or in part by a majority vote of all the members composing said Board, the Clerk thereof shall certify the claims to the Auditor, who shall thereupon issue his warrant to the holder, substantially in the following form:

             No...........

                                                                                           ............................................18...

      The County Treasurer of...............................County will pay to......................... the sum of........................dollars, in gold coin, for (stating in general terms the nature of the claim), and charge the same to the General Fund of the (town or city of).............................................

             $.......................

                                              ................................................................County Auditor.

He shall appropriately fill all blanks. Upon presentation of any warrant, the County Treasurer shall immediately pay the same if he has money in his hands sufficient therefor belonging to the fund upon which it is drawn; but, if he has not, he shall indorse on said warrant, “Not paid for want of funds,” adding thereto the date of indorsement and signing his name officially to the same; and thereafter he shall pay said warrant out of the first money applicable thereto coming into his hands. Before twelve o’clock on the first Monday in each month, the County Treasurer shall post a notice, in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the treasury to pay. On paying any warrant the Treasurer shall write across the face thereof, in red ink, “Paid,” with the date of payment, and sign his name officially thereto, and said warrant, thus canceled, shall be sufficient voucher for the Treasurer for his official settlement, which settlement shall be made in time and manner as provided for settlement for county funds. The Chairman of the Board of County Commissioners shall,

Transfer of surplus.

Salaries, etc., how paid.

Auditing of claims by Commissioners.

Claims certified by Clerk to Auditor.

Form of warrant.

Payment of warrants.

County Treasurer’s duties.

Notice to be posted of all warrants payable.

Chairman of Board of Commissioners to examine affairs of Co. Treasury and report.

Action for recovery of rejected claims.

Funded debt, the payment provided for.

Board of Commissioners’ duties.

Form of evidence of indebtedness.

sioners shall, in addition to such settlement, once a month, examine the books and vouchers of the County Treasurer concerning the state of the finances in his hands in this Act mentioned, and report the result to the Board, which report shall be spread upon the minutes of said Board.

      Sec. 5.  The holder of any claim or demand in this Act mentioned, which has been rejected in whole or in part, may, within six months after the same has been so rejected, commence an action in any Court of competent jurisdiction of the county for the amount of his claim, or the rejected part thereof, as the case may be. The Board of County Commissioners shall be the defendant named in said action, and the service of summons shall be made upon the Chairman or Clerk thereof. In case of final recovery by the plaintiff, the Board of Commissioners shall audit and allow his claim for the amount of the judgment recovered.

      Sec. 6.  In all cases where a town or city, in any county in this State, has been incorporated by Act of the Legislature thereof, or of the late Territory of Nevada, or otherwise, or may be incorporated and the same has been or may hereafter be disincorporated, and where, at the time of such disincorporation, there exists any funded debt or outstanding bonds, the Board of County Commissioners shall provide for the payment of the principal and interest of the same substantially in time, manner and form as provided by law or ordinance existant touching the same at the time of disincorporation. If there be no such law or ordinance, all such claims shall be paid out of the Redemption Fund of said town or city, as hereinafter provided for the payment of other indebtedness. The Board of County Commissioners of such county shall take possession of all the books, papers, documents, money, credits, claims, demands, and other property of said town or city, and collect, hold or dispose of the same for the use and benefit of the inhabitants thereof; and in case said town or city shall have been, at the time of disincorporation, involved in debt other than as above specified, said Board of Commissioners shall ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to holders of said indebtedness, which said evidences of indebtedness shall be in the following form, to wit:

             No...........                                                             ............................................18...

             $..................

      This is to certify that the (designating the town or city by its name) is indebted to.......................................in the sum of .........................dollars principal, and ...................dollars interest, payable out of the Redemption Fund of said..................;

payable out of the Redemption Fund of said..................; said principal sum of..................dollars to bear interest from this date at the legal rate per annum, principal, interest and accruing interest payable in gold coin of the United States.

                                                                                                .......................................................

Chairman of the Board of County Commissioners of ................................. County, Nevada.

      Clerk of..............................County, Nevada.

      All blanks to be appropriately filled.

      But no such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip, or other instrument, unless the same is filed with the Clerk of the Board of County Commissioners within three months after the disincorporation of said town or city, and simultaneously upon issuance the account, claim, demand on which the same is issued shall be receipted; and the bond, warrant, scrip, or other instrument shall be canceled. The County Treasurer shall set apart in the Redemption Fund of said town or city three-fourths of one per cent. of all money coming into his hands for the use or benefit thereof, and shall only use the money of said Redemption Fund for the payment of pre-existing bonds or funded debt not otherwise provided for, as hereinbefore mentioned, and such evidences as shall be issued as last hereinbefore mentioned, and the interest hereon as in this Act provided.

      Sec. 7.  Whenever, at any time, there shall be in said Redemption Fund the sum of five hundred dollars or over, it shall be the duty of said Treasurer to give ten days’ public notice, that sealed proposals, directed to him, will be received for the surrender of indebtedness, payable from said fund, which sealed proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of such notice. Said notice shall be given by publication thereof in some newspaper published in the county, if there be one; if not, then by posting such notice in five public places of the town or city the funds of which it is proposed to use in making the redemption mentioned in such notice.

      Sec. 8.  At the first regular meeting of the Board of County Commissioners after expiration of such notice, the said County Treasurer shall deliver to the Board all of the sealed proposals received by him up to that date. Said Board of County Commissioners shall thereupon open all of said sealed proposals, examine the same, and cause copies thereof to be entered in the record of their proceedings, and shall accept the lowest bid or bids for the surrender of the indebtedness offered, to the extent of the sum mentioned in such notice; provided, that no bid shall be considered which is not accompanied with the evidence of indebtedness proposed to be surrendered.

No evidence of indebtedness to be issued unless claim is filed within certain time

County Treasurer to set apart fund.

Sealed proposals for surrender of indebtedness.

Notice published.

Treasurer to deliver proposals to Board of Commissioners.

Bids accepted, duties of officers.

Justices of Peace’s jurisdiction

District Attorney to prosecute and defend suits, etc.

mentioned in such notice; provided, that no bid shall be considered which is not accompanied with the evidence of indebtedness proposed to be surrendered. No bid for more than par value shall be accepted, nor shall any proposal be withdrawn after it has been delivered to the Treasurer.

      Sec. 9.  When any bid or bids are accepted, as provided in the last Section, the Clerk of the Board of County Commissioners and the County Treasurer shall each take a description of the evidences of the indebtedness to be redeemed, specifying the amount to be paid for each of the same, date, number, and amount thereof, and make a record of the same in their respective offices, and thereupon the Board of County Commissioners shall direct said Treasurer to pay the indebtedness designated in the accepted bid or bids, and said Treasurer shall pay the same and shall immediately cancel the evidences of indebtedness so paid by him by writing across the face thereof, in red ink, “Redeemed,” adding thereto the time when the same was redeemed and the amount paid therefor, and shall sign the same officially. Such canceled evidences of indebtedness shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bid or bids specified in Section Eight being equal, preference shall be given to those in which the greatest percentage is principal. That shall be deemed the lowest bid which offers the largest amount of indebtedness, including principal and interest, for the smallest percentage in amount of money. When two or more bids are equal in every respect each shall be accepted pro rata, as near as possible. The County Treasurer shall return, on demand, to the proper parties all unaccepted bids, with the evidences of indebtedness which accompanied the same.

      Sec. 10.  Any Justice of the Peace within any said town or city shall have jurisdiction of all violations of ordinances applicable thereto under the provisions of this Act, and may render final judgment, hold to bail, fine, or commit to prison any offender, in accordance with the provisions thereof. All commitments of imprisonment shall be directed to the Sheriff of the county and all fees or fines collected be paid to the County Treasurer of the proper county, to be by him distributed to the proper fund of said town or city.

      Sec. 11.  All prosecutions arising under the provisions of this Act shall be conducted by the District Attorney of the county, who shall collect such fees as may be provided by law or ordinance and pay the same to the County Treasurer, to be by him distributed to the proper fund. He shall also prosecute and defend all suits brought by or against the Board of County Commissioners under the provisions of this Act.

      Sec. 12.  The Board of County Commissioners, for the purpose of carrying out the provisions of this Act, may appoint from the residents thereof, for each said town or city in their county, one Chief of Police and as many other peace officers as may be necessary, not exceeding seven. Said officer shall be ex-officio collectors of all licenses and taxes, other than property taxes, to be collected for the use of said town or city; and shall exercise such other powers, and perform such other duties, including police duties, as may be authorized, directed or required by the Board of County Commissioners. Every such officer shall give bond, in ordinary form of official bonds, in such amount as may be designated by the Board of County Commissioners, and two-thirds of them shall be named and appointed by a majority of the Board, and one-third by a minority. All Fees and moneys collected by any such officer, under any law or ordinance, shall be by him paid to the County Treasurer, to be by him distributed to the proper fund of the city or town whence collected. And such officer shall receive for his services such sum as may be fixed by the Board of County Commissioners, not to exceed one hundred ($100) dollars per month, except the Chief of Police, who shall receive not to exceed one hundred and fifty ($150) dollars per month.

      Sec. 13.  The County Treasurer in each of the counties of this State shall perform the duties required or authorized to be performed by him, under and by virtue of the provisions of this Act, and shall be held liable on his official bond for the faithful performance of such duties, and shall pay any fees by him received by virtue of any law or ordinance into the Treasury, to be apportioned to the fund of the town or city from which collected.

      Sec. 14.  The County Clerk in each of the counties of this State shall perform the duties required or authorized to be performed by him, under and by virtue of the provisions of this Act, and shall be held liable on his official bond for their faithful performance. He shall be ex-officio Clerk of the board of County Commissioners in the execution of the provisions of this Act, and shall keep a record of their proceedings thereabout, in books not used for other purposes. The District Attorney, County Auditor, County Assessor, and all other county officials, not specially exempted therefrom, in each of the counties of this State, shall perform the duties required or authorized to be performed by him and them, under and by virtue of the provisions of this Act, and shall be held liable on his or their official bond or bonds for the faithful performance thereof. No officer performing any duty under this Act, excepting the Board of County Commissioners, officers, and employes of any fire department or company, or peace officer thereunder authorized, shall demand or receive any compensation therefor.

Chief of Police.

Officers, appointment provided for.

Salaries limited.

County Treasurer’s liability and duties.

County Clerk’s liability and duties.

Other county officers.

Board of Commissioners to hold meetings.

Special meetings.

Quorum.

Petition of residents.

Signatures.

shall demand or receive any compensation therefor. All such officers shall pay all fees or moneys by them received under any law or ordinance touching the provisions of this Act, in time and manner as by general law provided, to the County Treasurer of their respective counties, to be by him distributed to the fund of the proper town or city.

      Sec. 15.  The Board of County Commissioners of any county in this State, having jurisdiction of the affairs of any town or city, as in this Act provided, shall hold a regular meeting in the Court House, at the county seat, at least once in each month, on a day previously fixed by them, for the purpose of transacting the business provided for in this Act, and shall continue in session from day to day until such business is completed. They may also hold special meetings, upon a call of the Chairman of the Board, or a majority of the members thereof. A majority of said Board shall be necessary to constitute a quorum, and a vote of the majority of the whole Board shall be necessary to carry any question. In any county whose inhabitants shall number twelve thousand or more, wherein the Board of County Commissioners transact the business required under the provisions of this Act, each member of such Board shall receive, in addition to the compensation allowed by general law, the additional sum of forty ($40) dollars per month.

      Sec. 16.  None of the powers or jurisdiction in this Act authorized or required shall be exercised in any town or city until there shall have been filed in the Clerk’s office of the county in which the same is situated, a written petition for the application of the provisions of this Act to said town or city, signed by a majority of the actual residents thereof, representing at least three-fifths of its taxable property; except that in the case of any disincorporated town or city, no such, nor any, petition need be filed, but all the provisions of this Act shall immediately apply thereto. When a petition is filed, the genuineness of its signatures and the qualifications of its subscribers shall be established by the affidavits of reliable taxpayers of said town or city filed with such petition.

      Sec. 17.  An Act entitled “An Act Providing for the Government of the Towns and Cities of this State,” approved February twenty-first, eighteen hundred and seventy-three, and all other Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed; provided, that any town which has availed itself of the provisions of an Act entitled “An Act to Provide for the Government of Unincorporated Towns in this State,” approved March eighth, eighteen hundred and seventy-nine, and elects to remain under the provisions thereof, may continue its government thereunder, and the provisions of said Act, in respect to such town, shall remain in full force.

Chap. XLIX.–An Act to Disincorporate the City of Virginia, and to Repeal All Laws Touching Its Incorporation.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  An Act entitled “An Act to Incorporate the City of Virginia, provide for the government thereof and repeal all other laws in relation thereto,” approved March 4, 1865; an Act entitled “An Act to amend an Act entitled ‘An Act to Incorporate the City of Virginia, provide for the government thereof and repeal all other laws in relation thereto,’ ” approved March 4, 1865, approved February 24, 1866; an Act entitled “An Act to amend an Act entitled ‘An Act to amend an Act to Incorporate the City of Virginia, provide for the government thereof and repeal all other laws in relation thereto,’ ” approved March 4, 1875, approved February 24, 1866; and to repeal Section Eight of an Act entitled “An Act to regulate gaming, passed March 4, 1869,” approved February 20, 1875; an Act entitled “An Act to Reincorporate the City of Virginia, and to provide for the government thereof, and to repeal all other laws in relation thereof” [thereto], approved March 2, 1877; an Act to amend an Act entitled “An Act to Reincorporate the City of Virginia, and to provide for the government thereof, and to repeal all other laws in relation thereto,” approved March 2, 1877, approved March 6, 1879, are each and all hereby repealed.

      Sec. 2.  All offices under any incorporation of the City of Virginia are hereby abolished.

      Sec. 3.  This Act shall take effect on the second day of May, 1881.

Incorporation Acts of Virginia City repealed.

Offices abolished.

Chap. L.–An Act Supplemental to an Act entitled “An Act to Prevent the Adulteration of Milk, and Prevent Traffic in Impure and Unwholesome Milk,” approved February 17, 1879.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  There shall be appointed by the Board of County Commissioners of said county a Milk Inspector, whose duties shall be as provided in Section Two of this Act.

County Commissioners to appoint a Milk Inspector.

Duty of Inspector.

Fines and penalties.

Compensation of Inspector.

      Sec. 2.  It shall be the duty of said Milk Inspector to inspect milk offered for sale by vendors in his county, and if found adulterated, unwholesome and impure, he shall cause the arrest of said vendor or vendors, and prosecute them in any Court of competent jurisdiction in this State.

      Sec. 3.  If said vendor or vendors are found guilty of the violation of this Act, and the Act to which this is supplemental, they shall be fined in any sum not less than twenty-five dollars, nor more than two hundred dollars, or be imprisoned in the County Jail for not less than fifty nor more than one hundred days. All fines under the provisions of this Act to be paid into the School Fund.

      Sec. 4.  The compensation for said Milk Inspector’s services shall be regulated and ordered paid by the Board of County Commissioners of his county.

Persons not allowed to testify when other party to transaction is dead.

Both parties can testify in certain cases.

Chap. LI.–An Act to Amend an Act entitled “An Act to Amend an Act entitled ‘An Act to Regulate Proceedings in Civil Cases in the Courts of Justice of This State, and Repeal All Other Acts in Relation Thereto,’ ” approved March 8, 1869; approved March 5, 1877; approved February 26, 1879.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section One of the Act of which this Act is amendatory is hereby amended so as to read as follows:

      Section One.  Section Three Hundred and Seventy-nine of said Act is amended so as to read as follows:

      Section Three Hundred and Seventy-nine.  No person shall be allowed to testify under the provisions of Section Three Hundred and Seventy-seven when the other party to the transaction is dead, or when the opposite party to the action or the person for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question by any agent who is living, and who testifies as a witness in favor of the representative of such deceased person, in such case the other party may also testify in relation to such transaction, and nothing contained in said Section shall effect the laws in relation to attestation of any instrument required to be attested; provided further, that when husband or wife is insane and has been so declared by a Commission of Lunacy or in due form of law,

that when husband or wife is insane and has been so declared by a Commission of Lunacy or in due form of law, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease on the restoration to soundness of the insane husband or wife unless upon the consent of both, in which case they shall be competent witnesses.

Proviso-insanity.

Chap. LII.–An Act for the Relief of Kimball and Swallow.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and fifty dollars is hereby appropriated out of the General Fund of this State to pay Benjamin Kimball and George Swallow for hay, barley and provisions, furnished by them to the Pioche Volunteers, under command of Colonel George M. Sabin and Lieutenant Gallagher, during the White Pine Indian War of eighteen hundred and seventy-five.

      Sec. 2.  The Controller is hereby directed to draw his warrant in favor of Kimball and Swallow for said sum of one hundred and fifty dollars, and the State Treasurer is hereby authorized and instructed to pay the same out of any moneys that may be in the General Fund of the State.

Appropriation for relief of Kimball and Swallow.

Warrant.

Chap. LIII.–An Act to Amend an Act entitled “An Act to Provide for the Election of the Board of Regents, to Fix Their Term of Office, and Prescribe Their Duties,” approved March 5, 1869.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

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

      Section One.  The Board of Regents shall consist of three qualified electors of this State. They shall be elected by the Legislature in joint convention on the third Tuesday of the session and shall hold their office for a term of four years, and until their successors are elected and qualified.

Board of Regents to consist of three; manner and time of election.

Vacancies filled by Governor.

years, and until their successors are elected and qualified. One of the Regents shall be so elected during the session of the Legislature held in the year 1881, and at the regular session of the Legislature every fourth year thereafter, and two of the Regents shall be elected during the session of the Legislature to be held in the year 1883, and at the regular session of the Legislature every fourth year thereafter; provided, all vacancies occurring between sessions shall be filled by appointment of the Governor and the person so appointed shall hold his office until the next session of the Legislature, when the vacancy shall be filled by election. The person so appointed or elected to fill a vacancy shall only fill the unexpired term of the person whose office was made vacant.

Officers entrusted with safe keeping of money, etc., guilty of embezzlement in certain cases.

Chap. LIV.–An Act to Amend an Act entitled “An Act Relating to Officers, Their Qualifications, Times of Election, Terms of Office, Official Duties, Resignations, Removals, Vacancies in Office and the Mode of Supplying the Same, Misconduct in Office and to Enforce Official Duty,” approved March 9, 1866.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Fifty-six of an Act entitled “An Act relating to Officers, Their Qualifications, Times of Election, Terms of Office, Official Duties, Resignations, Removals, Vacancies in Office, and the Mode of Supplying the Same, Misconduct in Office and to Enforce Official Duty,” approved March 9, 1866, is hereby amended so as to read as follows:

      Section Fifty-six.  If any officer of this State, or of any county, city, town or corporation, in this State, charged with the safe keeping, transfer, or disbursement of public moneys, or moneys of such corporation, shall convert to his own use, in any manner whatever, or shall use by way of investment, in any kind of property or merchandise, or shall loan, with or without interest, any portion of such moneys, bonds, or other evidence of indebtedness of the State, county, city, town or corporation, intrusted to him for safe keeping, transfer, disbursement or any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much money as shall be thus taken, converted, invested, used or loaned, which is hereby declared to be a felony.

clared to be a felony. And the neglect or refusal to pay over, on demand, any such moneys in his hands, upon the presentation of a draft, or order, or warrant drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer or disburse any such moneys promptly, according to law, on the legal requirements, of any officer authorized to make such requirements, shall be prima facie evidence of such conversion to his own use of such moneys as may be in his hands; and it shall not be necessary in an indictment, under this Section, to particularly describe the kind of money converted or embezzled, nor upon the trial shall it be necessary to prove the embezzlement of any specific moneys. All persons advising, or knowingly and willfully practicing such embezzlement, upon being convicted thereof, before any Court of competent jurisdiction, shall, for every such offense, forfeit and pay to the State, county, city, town or corporation, a fine equal to the amount embezzled, and shall suffer imprisonment in the State Prison for a term not less than one nor more than five years, and shall forever thereafter be disqualified from holding any office of honor, trust, or profit, in this State.

Neglect to pay over money, etc.

Not necessary on trials to prove embezzlement of any specific moneys

Fine and penalty.

Chap. LV.–An Act to Amend an Act entitled “An Act Concerning Crimes and Punishments,” approved November 26, 1861.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

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

      Section Twelve.  The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided for in this Act. The party or parties injured shall in all cases be competent witnesses; the credibility of all such witnesses shall be left to the jury, as in other cases. In all cases when two or more persons are jointly or otherwise concerned in the commission of any crime or misdemeanor, either of such persons may be sworn as a witness against another, in relation to such crime or misdemeanor; but the testimony given by such witness shall in no instance be used against himself in any criminal prosecution; and any person may be compelled to testify, as provided in this Section.

Witnesses, rules determining competency

Husband and wife not witnesses against each other.

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

      Section Thirteen.  Except with the consent of both, or in cases of criminal violence upon one by the other, neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties.

      Sec. 3.  All Acts and parts of Acts, in so far only as they conflict with the foregoing Act, are hereby repealed.

District Judges and magistrates issue subpoenas.

State Prison convicts or county prisoners to be brought into Court.

Affidavit required.

Chap. LVI.–An Act to Amend an Act entitled “An Act to Regulate Proceedings in Criminal Cases in the Courts of Justice in the Territory of Nevada,” approved November 26, 1861.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Five Hundred and Thirty-six of said Act is hereby amended so as to read as follows:

      Section Five Hundred and Thirty-six.  A magistrate before whom an information is laid, or a District Judge before whom proceedings by indictment or information is being tried, may issue subpoenas subscribed by them for witnesses within the State of Nevada, either on behalf of the State or of the defendant; and when it is necessary to have a person imprisoned in the State Prison brought before any District Court, or a person imprisoned in the County Jail brought before a District Court sitting in another county, an order for that purpose may be made by the District Court, or District Judge, at Chambers, and executed by the Sheriff of the county when it is made; such order can only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness and its materiality.

      Sec. 2.  All Acts and parts of Acts, in so far only as they conflict with the foregoing Act, are hereby repealed.

Chap. LVII.–An Act to Amend an Act entitled “An Act to Regulate Proceedings in Civil Cases in the Courts of Justice of This State, and to Repeal All Other Acts in Relation Thereto,” approved March 8, 1869.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Three Hundred and Ninety-eight of said Act is hereby amended so as to read as follows:

      Section Three Hundred and Ninety-eight.  If the witness be a prisoner confined in a jail or prison within this State, an order for his examination in the prison upon deposition, or for his temporary removal and production before a Court or officer for the purpose of being orally examined, may be made as follows:

      First-By the Court itself in which the action or special proceeding is pending, unless it be a Justice Court.

      Second-By a Judge of the Supreme Court, or District Court where the action or proceeding is pending, if pending before a Justice’s Court, or before a Judge or other person out of Court.

      Sec. 2.  Section Three Hundred and Ninety-nine of said Act is hereby amended so as to read as follows:

      Section Three Hundred and Ninety-Nine.  Such order can only be made on motion of a party upon affidavit, showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

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

      Section Four Hundred.  If the witness be imprisoned in the county where the action or proceeding is pending, his production may, in the discretion of the Court or Judge, be required; in all other cases his examination, when allowed, shall be taken upon deposition.

      Sec. 4.  All acts and parts of Acts, in so far only as they conflict with the foregoing Act, are hereby repealed.

Depositions of convicts, etc.

How order for examination may be made.

Order can be made on affidavit.

Production of witness can be required in certain cases.

Appropriation to pay claims of sufferers by coal burners’ outbreak.

Warrants.

Chap. LVIII.–An Act Providing for the Payment of Such Portion of the Expenses Incurred in the Suppression of the So-called Italian Coal Burners’ Outbreak in Eureka County During the Year 1879, as is Justly Chargeable to the State.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of three hundred and forty-nine dollars is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, to pay the claim of Mrs. N. Millich or her assigns in the sum of three hundred dollars for subsistence furnished the men of Company A, Second Brigade, Nevada Militia, on the order of the Brigadier-General commanding said brigade, while said company was actually on duty at Eureka, Nevada, during the year eighteen hundred and seventy-nine, under the orders of the military authorities of this State and for the protection of the public safety, and also for the payment of the claim of the Eureka and Palisade Railroad Company in the sum of forty-nine dollars for transportation of men and ammunition, furnished at that time by the same order and authority and for the same purpose.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant in favor of Mrs. N. Millich or her assigns for the said sum of three hundred dollars, and in favor of the Eureka and Palisade Railroad Company for the sum of forty-nine dollars in satisfaction of their respective claims, and the State Treasurer is directed to pay the same as provided in this Act.

Deputy Co. Recorder and Deputy Co. Clerk’s salaries regulated in certain counties.

Chap. LIX.–An Act Fixing the Compensation of the Various County Officers (Deputies) and of Jailors in the Several Counties of This State.

[Approved February 26, 1881.]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act the Deputy County Recorder, and Deputy County Clerk, and the Jailor of the several counties (applicable to this Act as hereinafter stated) shall receive a monthly compensation in the sum of one hundred dollars each for their services so rendered, respectively; provided, the provisions of this Act shall be applicable only to counties of this State polling not less than sixteen hundred nor more than two thousand votes at any general election held in this State.

so rendered, respectively; provided, the provisions of this Act shall be applicable only to counties of this State polling not less than sixteen hundred nor more than two thousand votes at any general election held in this State.

      Sec. 2.  The several officers named in this Act shall file their respective bill for the monthly compensation with the County Clerk of his county, duly authenticated, and the same shall be allowed by the Board of County Commissioners of the said counties, by virtue of this Act, and the same to be duly audited by the County Auditor, and the Auditor is hereby authorized to draw a warrant on the County Treasurer payable out of the Salary Fund.

      Sec. 3.  In case there be no funds in the Salary Fund, the Auditor is hereby authorized to deliver to the person or persons a certificate of indebtedness for the amount so allowed, the same to be registered (in number and date) as allowed by the Board of County Commissioners and approved by the County Auditor.

      Sec. 4.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Claims of officers for salary to be filed.

Auditor to draw warrant. and payment provided for

Certificate of indebtedness can be issued in case of no funds.

Chap. LX.–An Act Authorizing a State Loan.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of keeping the State on a cash basis, without resorting to an onerous rate of taxation, the sum of two hundred and twenty thousand dollars is hereby authorized to be borrowed from the following educational funds in the State Treasury for the use and benefit of the General Fund of the State, viz.: the State School Fund, the State University Fund, and the State University Fund, Ninety-Thousand-Acre Grant (so called).

      Sec. 2.  Said loan shall bear interest at the rate of four per cent. per annum, and shall be payable at any time within ten years from the passage of this Act. The said interest shall be paid semi-annually on the first days of July and January of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of said semi-annual interest when due on said loan on the State Interest and Sinking Fund herein created. All sums derived from interest on money borrowed from the State School Fund shall go into the General School Fund for the support of the common schools of the State;

Borrowing of money from certain funds in State Treasury authorized.

Loan to bear interest, and time payable.

Board of Education to make an order for payment of interest.

State Treasurer to transfer money from one fund to another, and to deposit bonds in lieu thereof

Purport of bonds, and interest.

Principal payable.

Controller to prepare bonds, and how executed.

Tax levy authorized, and its application.

Treasurer’s and Controller’s duties in providing for payment of interest.

the General School Fund for the support of the common schools of the State; and all sums derived from interest on money borrowed from the State University Funds, as herein mentioned, shall go into those respective funds; and for the regular and prompt payment of said interest the faith and credit of the State is hereby pledged.

      Sec. 3.  The State Treasurer is hereby authorized and empowered to transfer from time to time, as the necessity may arise, the money in the funds herein authorized to be borrowed from to the General Fund of the State, until the limit of two hundred and twenty thousand dollars is reached; whenever, however, he makes such transfer he shall deposit in the fund borrowed from, a bond or bonds, duly authorized, equal in amount to the sum transferred, which bond or bonds shall state in substance that the State of Nevada owes the sum borrowed from the amount transferred on a certain day to the General Fund, that it promises to pay the interest on that amount semi-annually, as herein specified, at the rate of four per cent. per annum, and that it will pay the principal within ten years from the date of the approval of this Act.

      Sec. 4.  The State Controller shall cause the bonds to be prepared that are to be used in pursuance of this Act, which bonds may be either written or printed. The said bonds shall be signed by the Governor, countersigned by the Controller, and endorsed by the Treasurer, and authenticated by the Great Seal of the State.

      Sec. 5.  There shall be levied and collected for the fiscal year commencing January 1st, 1881, and annually thereafter, until the bonds provided for in this Act are fully paid, and ad valorem tax of ten cents upon each one hundred dollars of all taxable property in this State, including the proceeds of the mines. The revenue derived from said tax shall be paid into the State Interest and Sinking Fund and is hereby set apart, appropriated, and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act.

      Sec. 6.  It shall be the duty of the Treasurer and Controller to make definite arrangements for the payment of the interest on said bonds when the same shall become due at least sixty days before the time of payment, and in the event that said Interest and Sinking Fund, as in this Act provided, is insufficient the said Treasurer and Controller shall draw on the General Fund for such purpose, and in the event that said fund proves inadequate the said officers are hereby authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State.

      Sec. 7.  Whenever at the time of paying the semi-annual interest of the bonds provided to be issued by this Act, there shall remain a surplus, after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next semi-annual interest, of one thousand dollars or more in the fund created by the Sixth Section of this Act, such surplus shall be applied to the payment of the loan herein authorized to be made by the cancellation and retirement of bonds to the amount of such surplus.

Surplus applied to cancellation of bonds.

Chap. LXI.–An Act Authorizing the Board of Examiners of This State to Employ Attorneys at the City of Washington, District of Columbia, to Prosecute Claims of This State Against the General Government, and Defining the Mode and Manner of Paying the Said Attorneys.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Examiners are hereby directed to employ one or more attorneys at the City of Washington, District of Columbia, to prosecute the claims of the State of Nevada against the General Government for the five per cent. due this State from the General Government on unsold lands within the Territorial limits and set apart as Indian Reservation; and for the prosecution of the claims of the State against the Government for money expended in suppressing Indian outbreaks and wars occurring in this State.

      Sec. 2.  And they are hereby authorized to pay to the said attorney or attorneys, not to exceed fifteen per cent. of all moneys collected from said sources to be in full payment for such attorney fees, and expenses of litigation. But in no case is any money to be drawn from the Treasury to pay said fees or costs of litigation.

Board of Examiners to employ attorneys at Washington D. C.

Payment for services.

Salary of Commissioners of Eureka Co. provided for

Chap. LXII.–An Act Fixing the Salaries of the Commissioners of Eureka County.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The County Commissioners of Eureka County shall each receive an annual salary of twelve hundred dollars.

      Sec. 2.  All Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed.

County Commissioners to create school districts, change boundaries, etc.

Time of commencing school.

Chap. LXIII.–An Act to Amend Section Thirty-nine of an Act entitled “An Act to Provide for the Maintenance and Supervision of Public Schools,” approved March 20, 1865; approved March 6, 1869.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section Thirty-nine of the Act of which this Act is amendatory is hereby amended so as to read as follows:

      Section Thirty-nine.  The Board of County Commissioners of the several counties of this State are hereby authorized and empowered to create new school districts, change the boundaries of school districts theretofore established, or abolish the same, whenever in their judgment it shall be for the best interest of the common schools so to do; provided, that when a new school district is organized, school shall be commenced within one hundred and twenty days from the action of the Board of County Commissioners creating such new school district; and if school shall not be commenced within the said one hundred and twenty days in the said district, then such action shall become void, and no such district shall exist.

      Sec. 2.  All Acts and parts of Acts, in so far only as they conflict with this Act, are hereby repealed.

Chap. LXIV.–An Act for the Relief of Sureties on Official Bonds.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  If, in any county in this State, the County Commissioners thereof have failed, or shall hereafter fail, to take, or keep, the official bond of any county or township officer with at least two good and sufficient sureties for its whole penal sum; or if they have failed, or shall hereafter fail, in the case of any such officer intrusted with the collection, management, safe-keeping or disbursement of public funds, to require a monthly report of all collections and disbursements made by such officer during the preceding month; or, if in case of any County Treasurer, they have failed, or shall hereafter fail to view the money in his office, at least once a year during his official term, or to have made complete annual settlements with such officer in the month of September of each year, then and in every such case, the sureties upon any official bond of any such officer shall be, and are, released and discharged of all liability thereon, so far as any loss or damage to the county wherein such officer held office is concerned; and no suit in the name of the State or otherwise, shall be maintained upon any claim of, nor any execution or other process enforced on, any judgment for any such liability.

      Sec. 2.  Any Board of County Commissioners, who shall fail to comply with the provisions of Section One, of this Act, will be guilty of a misdemeanor, punishable individually, as a Board of County Commissioners, by a fine not exceeding one thousand dollars individually, or imprisonment in the County Jail, not to exceed six months, or by both such fine and imprisonment, at the discretion of the District Court. This Act to take effect immediately after its passage.

Bondsmen on official bonds released in certain cases.

Examination of Treasury to be made.

No suits can be maintained.

County Commissioners liable, and penalty prescribed.

Entire estate of deceased persons, in certain cases, to be assigned to widow and children.

Regular proceedings dispensed with.

Notices to creditors.

Proviso.

Notices to be published.

Orders and decrees not to be recorded at the expense of estate, but to be filed.

Executor or administrator to give notices requiring exhibit of claims.

Chap. LXV.–An Act to Amend Section One Hundred and Twenty-eight of an Act entitled “An Act to Regulate the Settlement of the Estates of Deceased Persons,” approved November 29, 1861.

[Approved February 28, 1881.]

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

Assembly, do enact as follows:

      Section 1.  Section One Hundred and Twenty-eight of said Act is hereby amended so as to read as follows:

      Section One Hundred and Twenty-eight.  If, on the return of the inventory of any intestate estate, it shall appear that the value of the whole estate does not exceed the sum of five hundred dollars the Court or Judge shall, by a decree or order for that purpose, assign for the use and support of the widow and minor children of the intestate, or for the support of the minor child or children, if there be no widow, the whole of the estate, after the payment of the funeral charges and the expenses of the administration; and there shall be no further proceedings in the administration, unless further estate be discovered; and whenever it shall be made to appear, by affidavit or otherwise, that the value of the whole estate does not exceed the sum of two thousand dollars, it shall be in the discretion of the Court or Judge to dispense with the regular proceedings, or any part thereof, any or all notices, except notice to creditors, and to shorten the time of all notices prescribed by this Act, for the purpose of a summary administration of the estate, and to order distribution of the estate at the end of the number of months the Court or Judge may order; provided, that notice to creditors shall have been given to present their claims within the number of months ordered by the Court or Judge. Any or all notices may be given for the time and in the manner ordered by the Court or Judge, except that notice to creditors shall be published as often as the Court or Judge may order, in a newspaper published in the county, if the cost of such publication does not exceed five dollars, and unless otherwise ordered by the Court or Judge. No order or decree, except the decree of final settlement and discharge, shall be recorded at the expense of the estate; such order and decrees not so recorded may be filed in the Clerk’s office, where they shall remain, and have the same effect for all purposes as though recorded. The executor or administrator shall, without unnecessary delay after his appointment, give, either by publication in a newspaper published in the county, or in the manner ordered by the Court or Judge, the notice to creditors of the deceased requiring all persons having claims against the deceased to exhibit them,

exhibit them, with the necessary vouchers, within the number of months ordered by the Court or Judge, specifying in such notice said number of months, at the place of his residence or transaction of business, to be specified in the notice; if the claim be not presented within such number of months it shall be forever barred; provided, that all claims against deceased not due may be presented within said number of months specified in such notice with the same effect as though due when presented; every such claim which has been allowed by the executor or administrator and approved by the Judge, shall, by the claimant or her attorney, be filed with the Clerk of the Court within eight days after it is presented to the Judge; and shall then, and not otherwise, be ranked among the acknowledged debts of the estate to be paid in due course of administration; and the Judge shall act on such claim within five days from the time it is presented to him; and a claim not so acted on by the Judge within said five days, shall be deemed to be rejected, and suit may be brought thereon accordingly. No fee or compensation whatever shall be charged or collected for the filing or registering any allowed and approved claim. Unless otherwise ordered by the Court or Judge, the fees and compensation to the Clerk’s office paid out of any estate shall not exceed the sum of fifteen dollars. The provisions of this Act shall only apply to estates wherein a summary administration is ordered, and to estates wherein it appears from the inventory that the value of the whole estate does not exceed the sum of five hundred dollars.

Claims barred.

Claims to become due may be filed

Judge to act on claims.

No fee collectible for filing approved claims.

Limit of fee to Clerk.

Application of this Act limited to certain estates.

Chap. LXVI.–An Act to Provide for a Certain Claim Against the State of Nevada.

[Approved March 2, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The sum of seventy-five dollars in gold coin of the United States is hereby appropriated out of any moneys in the State Treasury not otherwise specifically appropriated for the claim of Benjamin Edson for services rendered as Clerk in the office of Secretary of State during the year eighteen hundred and seventy.

      Sec. 2.  It shall be the duty of the Controller of State to draw his warrant on the State Treasurer in favor of the said Benjamin Edson for the sum of seventy-five dollars; and it shall be the duty of the State Treasurer to pay the same as in this Act authorized and provided for.

Appropriation to pay B. Edson’s claim.

Warrant.

Eureka and Colorado River Railroad Comp’y granted franchises, etc.

Point of commencement of railroad.

Route of railroad.

Gauge.

Commissioners of Eureka County to issue bonds.

Commissioners of White Pine County to issue bonds.

Commissioners of Lincoln County to issue bonds.

Chap. LXVII.–An Act to Encourage the Construction of a Railroad from the Town of Eureka, State of Nevada, to the Colorado River.

[Approved March 2, 1881.]

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

Assembly, do enact as follows:

      Section 1.  The Eureka and Colorado River Railroad Company, a corporation heretofore organized in January, eighteen hundred and eighty-one; and now existing under and by virtue of the laws of the State of Nevada, is hereby given and granted the right, privilege and franchise of building, constructing, maintaining and operating a railroad with iron rails, between a point within one-quarter of a mile of the Court House, in the town of Eureka, in Eureka County, State of Nevada, and thence by the most feasible and practicable route through or in the vicinity of Hercules Gap, in White Pine County, past Pioche, within six miles of said town, to a point in the State of Nevada on the Colorado River, at or near the town of Callville; the gauge of said railroad shall be what is known as narrow gauge.

      Sec. 2.  The Board of County Commissioners of the county of Eureka, in this State, are hereby authorized and directed to prepare and issue the bonds of said county to the amount of one hundred thousand dollars, upon the condition and pursuant to provisions hereinafter enacted, which said bonds when so issued, shall be delivered to the said Eureka and Colorado River Railroad Company, for its benefit in exchange for an equal amount of fully paid-up capital stock of said railroad company at the par value thereof. The Board of County Commissioners of White Pine County, in this State, are hereby authorized, empowered, and directed to prepare and issue the bonds of said county to the amount of two hundred thousand dollars upon the conditions and pursuant to the provisions hereinafter enacted, which said bonds, when so issued, shall be delivered to the said Eureka and Colorado River Railroad Company for its benefit, in exchange for an equal amount of the fully paid-up capital stock of said railroad company, at the par value thereof. The Board of County Commissioners of Lincoln County, in this State, are hereby authorized, empowered and directed to prepare and issue the bonds of said county, to the amount of two hundred thousand dollars, upon the conditions and pursuant to the provisions hereinafter enacted, which said bonds, when so issued, shall be delivered to the said Eureka and Colorado River Railroad Company, for its use and benefit, in exchange for an equal amount of fully paid-up capital stock of said railroad company at the par value thereof.

use and benefit, in exchange for an equal amount of fully paid-up capital stock of said railroad company at the par value thereof.

      Sec. 3.  Whenever the said Eureka and Colorado River Railroad Company shall have, within eighteen months from the passage of this Act, completed the construction of a first-class iron railroad, of gauge as provided herein, from some point within one-quarter of a mile of the Court House in the town of Eureka, in said county of Eureka, on the adopted line of said road, for a distance of thirty miles, and the same shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of said county of Eureka, are hereby authorized and directed, in the name of said county, to take and subscribe, for the use, benefit and advantage of said county, to the capital stock of said company, to the amount of one hundred thousand dollars; and said Board of County Commissioners are hereby authorized and directed to prepare and issue the bonds of said county, to the said amount of one hundred thousand dollars, in the form hereinafter specified, and deliver the same to the said Eureka and Colorado River Railroad Company, for its benefit, in exchange for full paid-up stock of the capital stock of said railroad company, to the amount of one hundred thousand dollars, par value of said stock, in payment of said subscription to said stock by said county. And whenever, within twenty-four months after the passage of this Act, said Eureka and Colorado River Railroad Company shall have completed the construction of a first-class iron railroad, of gauge as herein provided, within said county of White Pine, for a distance of seventy-five miles, and the same for said distance shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of said county of White Pine are hereby authorized and directed, in the name of said county, to take and subscribe, for the use, benefit and advantage of said county, to the capital stock of said company, stock to the amount of one hundred thousand dollars, and said Board of County Commissioners are hereby authorized and directed to prepare and issue the bonds of said county, to the said amount of one hundred thousand dollars, in the form hereinafter specified, and deliver the same to said Eureka and Colorado River Railroad Company, for its use and benefit, in exchange for full paid-up stock of the capital stock of said railroad company, to the amount of one hundred thousand dollars, par value of said stock, in payment of said subscription to said stock by said county; and whenever within three years after the passage of this Act, said Eureka and Colorado River Railroad Company shall have completed the construction of a first-class iron railroad of gauge as herein provided,

Commissioners of Eureka County to subscribe for stock, and time specified.

Commissioners of White Pine County to subscribe for stock, and time specified.

White Pine County, issue of bonds.

White Pine County, issue of bonds.

County Commissioners of Lincoln to subscribe for stock and issue bonds.

railroad of gauge as herein provided, within said county of White Pine, from the point last-above mentioned as being the southern terminus of seventy-five miles in said county, to a point on the adopted line of said road on the southern or southeastern boundary of said county, and the same for said distance shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of said county of White Pine are hereby authorized and directed, in the name of said county to take and subscribe for, for the use, benefit and advantage of said county, to the capital stock of said company, stock to the amount of one hundred thousand dollars, and said Board of County Commissioners are hereby authorized and directed to prepare and issue the bonds of said county to the said amount of one hundred thousand dollars, in the form hereinafter specified, and deliver the same to said Eureka and Colorado River Railroad Company, for its use and benefit, in exchange for full paid-up stock of the capital stock of said railroad company, to the amount of one hundred thousand dollars, par value of said stock, in payment of said subscription to said stock by said county; and whenever, within four years after the passage of this Act, the said Eureka and Colorado River Railroad Company shall have completed the construction of a first-class iron railroad of gauge as herein provided within said county of Lincoln, for a distance of seventy-five (75) miles, and the same for said distance shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of said county of Lincoln, are hereby authorized and directed, in the name of said county, to take and subscribe for the use, benefit and advantage of said county, to the capital stock of said company, stock to the amount of two hundred thousand dollars, and said Board of County Commissioners are hereby authorized and directed to prepare and issue the bonds of said county to the said amount of two hundred thousand dollars, in form hereinafter specified, and deliver the same to said Eureka and Colorado River Railroad Company, for its use and benefit, in exchange for full paid-up stock of the capital stock of said railroad company, to the amount of two hundred thousand dollars, par value of said stock, in payment of said subscription to said stock by said county, and said Boards of County Commissioners are hereby authorized and required to receive from said Eureka and Colorado River Railroad Company, said certificates of full paid-up stock, and to hold the same for and on behalf of and for the benefit of said counties of Eureka, White Pine and Lincoln.

      Sec. 4.  The said subscriptions shall be made upon the books of the company by the respective Chairmen of the said Boards of County Commissioners, or in case of their, or either of their neglect or inability to act, by any member of said Board, who shall be appointed by the Board for that purpose, and who shall perform that duty immediately thereafter; provided, that the said counties shall not be liable for any of the debts or liabilities of said company.

      Sec. 5.  The said bonds shall be of such amounts as shall be deemed most saleable and convenient, but no bonds shall be for a less amount than one hundred dollars, nor for a greater amount than one thousand dollars; said bonds shall be printed with interest coupons attached thereto; shall express on the face, both of bonds and coupons, that they are payable in United States gold coin, subject to the provisions and conditions contained in this Act; shall bear interest at the rate of seven per cent. per annum, payable semi-annually; the bonds shall be payable to the bearer at the office of the respective County Treasurers of said counties within twenty years from their date, at the pleasure of the respective counties, and pursuant to the provisions of this Act; the bonds shall be prepared in proper form under the direction of the said Boards of County Commissioners, shall be signed by the Chairman of the Board and countersigned by its Clerk, who shall attach the County Seal thereto; the coupons for semi-annual interest shall be signed by the Chairman of the Board.

      Sec. 6.  Immediately after being notified by the said railroad company of the fulfillment of the conditions upon which said bonds are to issue, and of the readiness of the company to issue certificates of full paid-up stock, as herein provided for, said Boards of County Commissioners shall proceed to satisfy themselves, by personal inspection or otherwise, of the fact of the performance of said conditions, and on being so satisfied shall, without delay, prepare, issue, and deliver the bonds as herein directed, upon the delivery to said Board of Commissioners or the Chairman thereof, of said certificates of fully paid-up stock; provided, that the certificate of the Surveyor-General of the State, or of the County Surveyors of said respective counties, to the fact of the fulfilment of said conditions by said company, shall be conclusive evidence thereof to said Commissioners.

      Sec. 7.  The Boards of County Commissioners of said counties of Eureka and Lincoln are hereby authorized and directed to levy and collect annually, at the same time and in the same manner and form that other county taxes are levied, a tax upon all the taxable property within said counties, to be applied exclusively to the payment of the principal and interest of said bonds of said counties of Eureka and Lincoln,

Subscriptions to stock to be made upon books of company by County Commissioners.

Amount of bonds and conditions.

Interest coupons.

Rate of interest and when payable.

Bonds payable.

Bonds to be executed by certain officers.

Time of delivery of county bonds.

Certificate of surveyors

Tax levy authorized in Eureka and Lincoln counties.

Application of proceeds.

Surplus to be applied

Surplus to be applied to redemption of bonds.

Advertise for sealed proposals for surrender of bonds

Lincoln, to be issued as herein provided, as follows: for the first two assessment years, a tax sufficient to pay semiannually the interest upon the bonds issued under the provisions of this Act; provided, that any surplus remaining from said tax, after first paying or providing for said annual interest, shall be placed in the General Fund of said counties, and said Boards of County Commissioners are further authorized and directed to levy and collect annually during the five years next succeeding the aforesaid two years, at the same time and in the same manner as other county taxes are levied, a county tax sufficient to pay semi-annually the interest due upon all bonds of said counties of Eureka and Lincoln issued in pursuance of this Act, together with seven thousand five hundred dollars principal of said bonds; and said Boards of County Commissioners of said counties of Eureka and Lincoln are further authorized and directed to levy and collect annually, after said five years, until the whole of said bonds of said last-named counties and the interest thereon shall have been paid or provided for, at the same time and in the same manner as is provided by law for the levying of other county taxes, a county tax sufficient to pay semi-annually the interest due and payable upon all bonds issued under this Act, then outstanding and unpaid, together with the one-thirteenth (1/13) part of the principal of all of said bonds outstanding and unpaid, at the end of the seven years hereinbefore provided for.

      Sec. 8.  The proceeds of said taxes of said counties of Eureka and Lincoln (except as hereinbefore provided for with respect to any surplus arising during said first two years over and above the interest then due and payable), shall be placed by the respective County Treasurers of said counties last-above mentioned in a separate fund, to be known as the “Railroad Interest and Sinking Fund,” and shall be applied exclusively: First, to the payment of the interest on said bonds of said counties of Eureka and Lincoln, as the same shall become due; and, second, to the redemption of said bonds, of the said two counties in the manner specified herein.

      Sec. 9.  Whenever, after the second year from the issuance of said bonds of said counties of Eureka and Lincoln, all interest due upon said bonds shall have been fully paid and there shall be in either of said funds of said two counties a surplus of one thousand dollars and upwards, which, upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the said respective Boards of Commissioners of said two counties, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published or circulated in each of said counties,

published or circulated in each of said counties, and if one be published therein, then in such paper, for a period of not less than two weeks, stating the amount of money on hand to be applied to the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the respective Clerks of said Boards in the counties of Eureka and Lincoln, on or before a day certain therein named; at the next meeting after said day the said Boards of Commissioners of said two counties shall open such sealed proposals as shall have been duly filed, and to the extent of the amount named, shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds, and if no offer be made to surrender any of such bonds, in in one or the other of said counties, then the Board of Commissioners, of such county wherein no such offer is made, shall immediately publish in such newspaper aforesaid notice of such fact, coupled with a notification to whomsoever may be the holder or owner of the aforesaid bonds of such county (that said bonds or such portion thereof, commencing with the first numbers thereof, unredeemed, which number shall be specified in such published notification), will cease to bear interest after two weeks from the first publication of such notice. After two weeks publication, as herein indicated, the bonds, the numbers of which shall be properly included in such notice, shall cease to bear interest, and the money referred to shall thereafter remain as a special deposit, subject to the surrender of the bonds aforesaid, and be paid to the person so surrendering said bonds.

      Sec. 10.  There shall be annually applied from the revenues of the county of White Pine, collected for county purposes, to the payment of the interest and the redemption of the principal of the bonds which shall be issued by said county as provided herein, a sum of money equal in amount to such sum as may be collected by said county from said Eureka and Colorado River Railroad Company, from taxes upon the entire property of said company in said county, for county purposes, less the amount of such taxes, which may have been levied and collected for school purposes, and the amount so applicable to the payment of the interest and the redemption of the principal of said bonds shall be placed in a separate fund, to be called the “Railroad Interest and Sinking Fund,” which shall be applied: First, to the payment of the semi-annual interest as herein directed, and second, to the redemption of the said bonds, as provided in Section Eleven of this Act, it being the true intent and meaning of this Section of this Act, that the interest and principal of said bonds of White Pine County shall be paid by said county to the extent only of the revenue derived by said county from the tax upon the property of said railroad company,

Commissioners to open sealed proposals; action on same.

Interest to cease in certain cases.

Application of taxes upon railroad property in White Pine County.

Redemption of bonds of White Pine County.

Surplus applied, advertisement for proposals, etc.

Interest to cease in certain cases.