[Rev. 5/3/2022 8:21:46 PM]
κ1885 Statutes of Nevada, Page 11κ
LAWS OF THE STATE OF NEVADA,
Passed at the
TWELFTH SESSION OF THE LEGISLATURE,
1885.
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Chapter I.An Act to create a Legislative Fund.
[Approved January 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and per diem of the members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, 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 fifty-five thousand dollars, which shall constitute the Legislative Fund. Sec. 2. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to him in accordance to law, and the State Treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund at the adjournment of the Legislature shall revert to the General Fund. |
State Legislative Fund created.
How to be disbursed.
Remaining moneys to to revert. |
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To pay mileage of John A. Palmer. |
Chap. II.An Act for the payment of the mileage of John A. Palmer, contestant member of the Assembly from Elko county.
[Approved January 16, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and sixty-five dollars is hereby appropriated out of the Legislative Fund for the purpose of paying the mileage of John A. Palmer, contestant in the case of John A. Palmer against H. L. Byrne, for a seat in the Assembly from Elko county. Sec. 2. The State Controller is hereby directed to draw his warrant on the Legislative Fund in favor of said John A. Palmer for the sum of one hundred and sixty-five dollars, and the State Treasurer is directed to pay the same. |
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Relative to gaming.
Faro, monte and other games.
Charge of offense.
Penalty for violation. |
Chap. III.An Act to amend an Act entitled An Act to restrict gaming, and to repeal all other Acts in relation thereto, approved March 8, 1879.
[Approved January 23, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. Each and every person who shall deal, play, carry on, or cause to be opened, or who shall conduct, either as owner or employe, whether for hire or not, except under a license, as hereinafter provided, any game of faro, monte, roulette, lansquenet, rogue-et-noir, rondo, keno, fantan, twenty-one, red-white-and-blue, red-and-black or diana, percentage or stud-horse poker, or any banking or percentage game, played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other valuable thing or representative of value, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one thousand nor more than three thousand dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both such fine and imprisonment. |
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Chap. IV.An Act to repeal an Act entitled An Act forbidding certain county officers and their deputies from acting as Notaries, and to prevent Notaries from acting as such in the offices of certain county officers, approved March 7, 1883.
[Approved January 30, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled An Act forbidding certain county officers and their deputies from acting as Notaries, and to prevent Notaries from acting as such in the offices of certain county officers, approved March seventh, eighteen hundred and eighty-three, is hereby repealed. |
Repealing Act of 1883. |
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Chap. V.An Act in relation to the salaries of County Assessors.
[Passed notwithstanding the objections of the Governor, January 30, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the approval of this Act the salaries of the County Assessors in the several counties of this State wherein the total vote at the general election held in eighteen hundred and eighty-four did not exceed four hundred and twenty and was not less than three hundred and ninety, shall be the sum of sixteen hundred dollars per annum. Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
Salaries of Assessors.
Other Acts repealed. |
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κ1885 Statutes of Nevada, Page 14κ
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Bounties for killing noxious animals.
How claim for bounty shall be made.
Claimant to be sworn.
The ears of noxious animals to be destroyed.
Bounty to be paid. |
Chap. VI.An Act to provide for the destruction of noxious animals within this State.
[Approved February 3, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person shall take and kill, within this State, any of the following noxious animals, he shall be entitled to receive, out of the treasury of the county within which such noxious animal or animals shall have been taken, the following bounties, to-wit: For every coyote or prairie wolf, fifty cents; for every lynx or wild cat, one dollar; for every California lion, one dollar; all of which bounties shall be subject to the provisions of this Act. Sec. 2. Every person intending to apply for such bounty shall take the scalp, with the ears connected thereto, or the skin entire, of the noxious animal or animals killed by him, to some Justice of the Peace of the county within which such noxious animal or animals shall have been taken. Sec. 3. The person claiming such bounty shall then be sworn by such Justice, and state on oath the time and place, when and where, every noxious animal for which a bounty is claimed by him, was taken and killed, and shall also submit to such further examination, on oath, concerning the killing and taking of such noxious animal or animals, as the Justice may require. Sec. 4. If it shall appear to the Justice that the noxious animal or animals have been taken and killed within the county, he shall cut off the ears from the scalp and destroy the said ears, and give to the person so sworn a certificate stating the number of scalps deposited with and destroyed by him. The said Justice shall receive for each oath administered by him twenty-five cents, and for each certificate twenty-five cents, the same to be allowed out of the General Fund of the county. Sec. 5. Upon the presentation to the Board of Commissioners of the proper county, of any such certificate, they are hereby authorized and directed to allow the amount due, under the provisions of this Act, to the person therein named, out of the General Fund of such county. |
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Chap. VII.An Act for the relief of S. B. Hinds, late Assessor of Esmeralda county.
[Approved February 3, 1885.]
Whereas, In the year eighteen hundred and eighty-three S. B. Hinds, then Assessor of Esmeralda county, settled in full for all poll-tax receipts received from the State Controller for Esmeralda county, for that year; and, Whereas, During the said year two poll-tax books issued by the State Controller and charged to said S. B. Hinds containing thirty-four blank receipts were lost, and no value or compensation received for them by said S. B. Hinds, said receipts being of the value of one hundred and thirty-six dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of sixty-one dollars and twenty cents is hereby appropriated out of any money in the State treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of sixty-one dollars and twenty cents in favor of S. B. Hinds, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of Esmeralda county are hereby directed and required to allow the claim of S. B. Hinds in the sum of seventy-four dollars and eighty cents, the proportion received by the county for said poll-tax receipts; and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same. |
Receipts paid for in full.
Receipts lost.
Amount appropriated.
Esmeralda county officers directed to allow and pay claim. |
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Chap. VIII.An Act to authorize Lander county to issue Six Per Cent. Bonds for the purpose of redeeming the outstanding Ten Per Cent. Railroad Bonds.
[Approved February 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of redeeming the one hundred and seventy thousand dollars outstanding Ten Per Cent. |
Purpose of the bonds. |
κ1885 Statutes of Nevada, Page 16 (CHAPTER 8)κ
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To bear six per cent interest, payable in twenty years.
Commissioners to advertise.
Proposals to be opened.
Proviso.
A special tax to be levied.
Naming the fund. |
Railroad Bonds of Lander county, the Commissioners of said Lander county are hereby required to issue bonds of said county for the sum of one hundred and seventy thousand dollars in gold coin, bearing interest at the rate of six per centum per annum. Sec. 2. The said bonds shall be issued in sums of one thousand dollars, and shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in gold coin; shall bear interest at the rate of six per centum per annum, payable annually; shall be payable to the bearer at the office of the Treasurer of said county in twenty years from their date. The said bonds shall be consecutively numbered from one to one hundred and seventy, inclusive, and shall be signed by the Chairman of said board, and the Treasurer, and countersigned by the Clerk of said board, who shall attach thereto the seal of said county. The said coupons shall bear the number of the bonds to which they are attached, and shall be consecutively numbered from one to twenty, inclusive, and shall be signed by said Chairman and said Treasurer. Sec. 3. At the first meeting of the Board of County Commissioners, after the passage of this Act, said Board shall cause to be inserted in the Reese River Reveille, and such other papers as they may deem necessary, that sealed proposals will be received by the Clerk of said board for two months, or until the second monthly meeting thereafter, for the purchase of said bonds. Sec. 4. At the meeting of said Board of Commissioners, mentioned in section three of this Act, said Commissioners shall proceed to open the sealed proposals received by the Clerk, and award the bonds to the parties offering to pay the highest price therefor; provided, should there be two or more proposals at the same price, the board shall accept the proposal first filed; provided, further, should the proposals be below par, the board shall have the right to reject all such proposals, and should there not be sufficient proposals for all the bonds, accepted by the board, then they shall re-advertise, as provided in section three of this Act. Sec. 5. From and after the issuance of said bonds, or any installment thereof, as hereinbefore provided, the said board shall annually, at the same time and in the same manner as other county taxes are levied, levy a special county tax, sufficient in amount to pay the annual interest on said bonds, and an amount sufficient to pay one-twentieth part of the principal of the whole amount of said bonds. Sec. 6. The proceeds of said tax shall be placed by said Treasurer in a separate fund, to be known as the Railroad Interest and Sinking Fund, and shall be applied exclusively: first, to the payment of said interest as the same shall become due, and second, to the redemption of the said bonds, in the manner specified in the next section. |
κ1885 Statutes of Nevada, Page 17 (CHAPTER 8)κ
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Interest and Sinking Fund, and shall be applied exclusively: first, to the payment of said interest as the same shall become due, and second, to the redemption of the said bonds, in the manner specified in the next section. Sec. 7. Whenever, after the issuance of said bonds, all the interest due thereon shall have been paid, and there shall be in said fund a surplus of five thousand dollars or more, which, upon an estimate of receipts, will not be required for accruing interest within the next succeeding year, the said board shall insert an advertisement in a newspaper published in said county, or, if there be no such newspaper, in the newspaper of the largest circulation at Virginia City, in said State, for the period of one month, stating the amount of money in said fund to be applied to the purchase of said bonds, and that sealed proposals to surrender the same will be received by the Clerk of said board before a day therein named. On the said day said board shall meet and open said proposals, and to the extent of the amount named in said advertisement shall purchase the bonds so offered, giving the preference to the bidder who shall offer to surrender such bonds at the lowest price. If two or more proposals are at the same price, the proposal first filed shall have the preference, but no proposal shall be accepted for more than the principal and interest then due on the bonds offered. If no proposals such as are herein authorized to be accepted be filed, then said board shall advertise in such newspaper as aforesaid for the period of one month, stating the amount of money in said fund to be applied to the redemption of such bonds, and that the bonds of the lowest number, naming them, are redeemable at the office of said Treasurer, and that the interest on said bonds will stop at the expiration of one month from the date of said advertisement. The said Treasurer shall redeem such bonds when presented, and the interest on such bonds shall cease at the time stated in the advertisement. Sec. 8. The faith of the State of Nevada is hereby pledged that this Act shall never be repealed, or so modified as in any way to impair the security of those who shall hold the bonds herein provided for. |
Manner of redeeming the bonds.
First proposal to have preference.
The faith of Nevada pledged. |
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Chap. IX.An Act for the relief of John D. Abel.
[Approved February 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and twenty dollars is hereby appropriated out of any money in the State School Fund, not otherwise appropriated, to pay the claim of John D. Abel, |
The sum appropriated. |
κ1885 Statutes of Nevada, Page 18 (CHAPTER 9)κ
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How to be paid. |
is hereby appropriated out of any money in the State School Fund, not otherwise appropriated, to pay the claim of John D. Abel, of Elko county, for money erroneously paid for State land. Sec. 2. The State Controller is hereby authorized and required to draw his warrant upon said fund in favor of said John D. Abel, and the State Treasurer is authorized and required to pay the same. |
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Unpaid warrants to bear interest.
Proviso. |
Chap. X.An Act to amend an Act entitled An Act to provide for the payment of the outstanding and other indebtedness of Humboldt county, approved February 27, 1869.
[Approved February 6, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section two. All warrants hereafter drawn on the treasury shall be presented to the County Treasurer for payment, and if there be not sufficient funds in the treasury to pay the same, the Treasurer shall indorse thereon the words not paid for want of funds, signing his name thereto, and he shall at the same time register the same in a book kept for that purpose, and shall note therein the number, date of issue, date of registry, in whose favor drawn, and the amount thereof, and all such warrants, drawn on the Redemption Fund, shall bear interest from the date of their registration at the rate of seven per cent. per annum; but warrants drawn on any other fund shall not bear interest. This Act shall take effect from and after its approval. |
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Moneys to be transferred. |
Chap. XI.An Act to authorize the Board of County Commissioners of Churchill county, Nevada, to transfer certain moneys to the Court House Fund.
[Approved February 6, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Churchill county are hereby authorized, empowered and directed, at their first monthly meeting after the approval of this Act, to transfer the sum of three thousand dollars from the Contingent, Indigent Sick and General Funds to the Court House Fund. |
κ1885 Statutes of Nevada, Page 19 (CHAPTER 11)κ
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from the Contingent, Indigent Sick and General Funds to the Court House Fund. Sec. 2. The sum herein named to be transferred from the Contingent, Indigent Sick and General Funds to the Court House Fund shall be used and disbursed in the construction and furnishing of a county jail, and in the repairing and furnishing of the court house at Stillwater, Churchill county, Nevada. |
How to be disbursed. |
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Chap. XII.An Act to appropriate five thousand dollars for the immediate relief of White Pine county, Nevada.
[Approved February 9, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of affording immediate relief to White Pine county, Nevada, whose court house and jail were destroyed by fire on January fifth A. D. eighteen hundred and eighty-five, the sum of five thousand 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 State Treasurer, subject to the order of a Board of Commissioners, to consist of the Governor, the State Controller and the Chairman of the Board of County Commissioners of said White Pine county, to be by them used for no other purpose than the renting, purchase, or construction and furnishing with proper furniture and stationery, a building or buildings, to be used for county purposes; provided, that any building or buildings so purchased shall be the property of White Pine county, State of Nevada. Sec. 3. The State Controller is hereby authorized and directed to draw his warrant in favor of White Pine county for the amount appropriated by this Act, and place the same in the hands of the State Treasurer, who is hereby directed to pay the same to the Treasurer of White Pine county upon the order of the Board of County Commissioners of said county, properly certified to by the Clerk of said board, countersigned by the Governor and State Controller. |
Five thousand dollars appropriated.
Subject to order of Commissioners.
Warrants to be drawn and paid. |
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κ1885 Statutes of Nevada, Page 20κ
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One Justice may act for another. |
Chap. XIII.An Act to amend an Act entitled An Act concerning Justices of the Peace, approved March 4, 1881.
[Approved February 9, 1885.]
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. Whenever any Justice of the Peace, in consequence of ill health, absence from his township, or other cause, shall be prevented from attending to his official duties, it shall be lawful for him to invite any other duly qualified Justice of the Peace of the same county to attend to his official duties, including that of Registry Agent, instead of such absent or disqualified Justice of the Peace; provided, such temporary vacancy, resulting from absence or disqualification, shall not be so filled for more than thirty days at any one time. |
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Articles remaining over one year subject to sale.
Notice to be posted.
Charges to become a lien. Disposal of the excess.
The costs of sale limited. |
Chap. XIV.An Act for the protection of jewelers, watchmakers and watch repairers.
[Approved February 10, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Watches, jewelry or other articles, after having been repaired and remaining over one year with any jeweler, watchmaker or watch repairer in this State, shall be subject to sale at public auction, to the highest bidder, for charges due thereon for repairs and accrued interest. Sec. 2. At least twenty days before offering any of the articles mentioned in this Act for sale, the holder or holders thereof shall post in front of his or their place of business the day and date of sale, and a particular description of the article to be sold, name of depositor, amount of charges thereon and accrued legal interest, which charges and interest shall become a lien on the article so posted for sale, which sale shall be by public auction to the highest bidder. Sec. 3. The excess, if any, after deducting charges for repairs and interest, shall be placed in the county treasury, subject to the laws governing escheats. Sec. 4. The cost of any sale of any such watch, watches, jewelry, or other article, shall in no event be more than ten per cent. |
κ1885 Statutes of Nevada, Page 21 (CHAPTER 14)κ
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ten per cent. on the whole amount realized from the sale of the same, and any watchmaker, watch repairer or jeweler who fails to pay the excess aforesaid into the county treasury, as provided in section three of this Act, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding five hundred dollars, nor less than ten dollars, and costs of suit, and on failure of defendant to pay such fine and costs he shall be imprisoned in the county jail, at the rate of one day for every two dollars of such fine and costs, until the whole thereof shall be fully satisfied. |
Penalty.
Fine or imprisonment. |
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Chap. XV.An Act to regulate the issuance of court orders.
[Approved February 10, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In every case in which the Court or District Judge is authorized by law to order any money to be paid out of the county treasury, such order shall be first presented to the County Auditor, who shall number and register the same, and shall issue his warrant on any fund in the county treasury not otherwise specially appropriated or set apart. Sec. 2. All Acts and parts of Acts, so far only as they conflict with the provisions of this Act, are hereby repealed. Sec. 3. This Act shall take effect from and after the first day of March, A. D. one thousand eight hundred and eighty-five. |
District Judge ordering money paid. Duties of County Auditor and Treasurer.
Other Acts repealed.
To take effect March 1, 1885. |
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Chap. XVI.An Act to amend an Act entitled an Act amendatory of and supplemental to an Act entitled An Act relating to elections, approved March 12, 1873; approved February 12, 1875.
[Approved February 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section two. It shall be the duty of the Boards of County Commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate and abolish the same as public convenience or necessity may require; |
County Commissioners to establish precincts. |
κ1885 Statutes of Nevada, Page 22 (CHAPTER 16)κ
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Petition of ten or more qualified electors.
No election to be held in certain precincts.
Certain electors to vote in nearest precincts.
No election precinct to be established within a mile of another polling place except in certain cases.
Inspectors of election, how appointed and notified.
Repeal. |
abolish the same as public convenience or necessity may require; provided, I.-That no new precinct shall be established except upon the petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct. II.-That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding an election therein shall be given. III.-All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections are given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route. IV.-That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at said voting place, at the next preceding general election, not less than fifty votes. It shall also be the duty of said Boards of Commissioners, at their first regular meeting in October preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons, possessing the qualifications of electors (who shall not all be of the same political party), to act as inspectors of elections at each election precinct; and the Clerk of said boards shall forthwith make and deliver to said inspectors personally, notice thereof in writing, or deposit the same in the postoffice, registered, and postage prepaid, directed to the Registry Agent of the precinct for which each of said inspectors is appointed, and it shall be the duty of said Registry Agents, within ten days after the receipt thereof, to serve the same upon each of said inspectors of elections. Sec. 2. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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Chap. XVII.An Act granting aid to veterans of the late Mexican and Civil Wars, in indigent circumstances.
[Approved February 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any money in the State treasury not otherwise appropriated, for the support and maintenance of veterans of the late Mexican and Civil Wars, in indigent circumstances, residing in the Veterans Home, under the auspices of the Veterans Home Association, a corporation duly created and existing under the laws of the State of California, the sum of one hundred and fifty dollars per annum for each veteran duly admitted to and residing in such home; provided, that in no one year shall a sum exceeding twenty-four hundred dollars be paid by virtue of such appropriation. Sec. 2. The aid herein granted shall commence the first day of the month after each such veteran shall commence bona fide to reside in and be supported in such home, and shall be paid by the State of Nevada in semi-annual installments. Sec. 3. The State Board of Examiners are authorized in behalf of the State at any time to inquire, either in person or by authorized agents, into the management of such institution, and upon refusal, after due demand, to permit such inquiry, such institution shall not thereafter receive any aid under this Act. Sec. 4. Every claim for aid under this Act shall be presented to and acted upon by the State Board of Examiners. Sec. 5. If such claims be audited and allowed in whole or in part by said board, it shall be the duty of the Controller to draw his warrant for the amount thereof in favor of the President and Treasurer of said Association, and it shall be the duty of the State Treasurer to pay the same on due presentation. Sec. 6. No person for whose specific support there is paid such institution the sum of twelve dollars and fifty cents or more per month, shall be entitled to any aid under this Act; but if such sum be less than twelve dollars and fifty cents per month, aid shall be granted for such sum only as is necessary to make the full amount of support, including the State aid, twelve dollars and fifty cents per month. Sec. 7. No money appropriated by this State, under this Act, shall be expended either in improvements or in the erection of new buildings for such institution. |
Appropriation for maintenance of Veterans at the Veterans Home in California.
Not to exceed $2,400 a year. Shall be paid semi-annually.
Board of Examiners authorized to make inquiries.
Claims to be acted upon by the Board of Examiners. If allowed shall be paid.
Persons not entitled to aid under this Act.
Money not to be used for improvements |
κ1885 Statutes of Nevada, Page 24 (CHAPTER 17)κ
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Persons entitled to admission to the Veterans Home.
Military or naval services are necessary qualifications. |
Sec. 8. To entitle an applicant to admission to the Veterans Home of California and to receive the benefit of State aid authorized by this Act, the applicant shall make application under oath for such admission, reciting the following facts, to-wit: Name in full, residence, occupation, age, place of birth, married or single, date and place of enlistment, rank, company, regiment or vessel, or branch of naval service, name of commanding officer, date, place and cause of discharge, years resident of this State, name, relation and full address of nearest relative or friend, whether drawing pension from United States or not, and amount. Such application to be accompanied by a surgeons certificate, setting forth that the applicant is unable to obtain his subsistence by manual labor, giving the reasons why, and the time, place and manner in which such disability was incurred, and such other matters as may be necessary to make the examination satisfactory to the surgeon that the applicant is fully entitled to the aid authorized by this Act. The application, with surgeons certificate annexed, to be made to a Post of the Grand Army of the Republic, when such exists in the county, otherwise to a District Judge, to be carefully examined and then certified by the Post Commander or District Judge, to the Board of County Commissioners of the county wherein the applicant resides, which Board, after being satisfied of their correctness, shall certify said papers to the State Board of Examiners at Carson City, Nevada, together with a copy of the order of said Board of County Commissioners on the Treasurer of the county for expenses of transporting and placing in the Veterans Home of California the said applicant. Sec. 9. No person shall be entitled to receive any aid under this Act unless he has been admitted to and is kept in said home by reason of military or naval services, nor unless he has been continuously a resident of the State of Nevada for one year next prior to his admission to said home; nor unless he would have been entitled to receive aid from the State or county by virtue of the laws and Constitution of this State. Before allowing a claim in behalf of any inmate of said home, the State Board of Examiners shall require proof of such facts. |
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κ1885 Statutes of Nevada, Page 25κ
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Chap. XVIII.An Act to protect and to encourage the construction of sidewalks in the towns and villages of this State.
[Approved February 12, 1885].
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any owner or occupant of land may construct and maintain a sidewalk in the highway along the line of his land, subject, however, to the authority conferred by law on the Boards of County Commissioners and Road Supervisors; and sidewalks already constructed and laid out, being of reasonable limits as to width, and so as not to operate as an obstruction to the street or highway, shall be maintained and protected under this Act, and any person who shall wilfully and intentionally ride or drive, or cause to be ridden or driven, any animal, vehicle or other thing over or upon such sidewalk, without permission of the owner or occupant, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, fined in any sum not exceeding twenty dollars, in addition to costs of prosecution. |
Penalty for riding or driving on sidewalks. |
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Chap. XIX.An Act to amend an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883.
[Approved February 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is hereby amended so as to read as follows: Section nine. Fees shall be allowed to all trial jurors as follows: For each day, to be paid in civil cases by the party in whose favor the verdict is rendered, but to be recoverable as costs from the losing party, three dollars; excepting in justices courts, where the fee shall be two dollars. In every trial in a civil action before any court, if the jury be, from any cause, discharged without finding a verdict, the fees of such jury shall be paid by the plaintiff, but may be recovered back as costs if he afterwards obtains judgment. Until they are paid no further proceedings shall be had in the action. No person shall receive any fees for serving as a juror on a Coroners inquest. The same fees shall be allowed to grand jurors and to trial jurors in criminal cases as are allowed jurors in civil cases; |
To pay trial jurors.
Fees for grand jurors. |
κ1885 Statutes of Nevada, Page 26 (CHAPTER 19)κ
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Proviso. |
in criminal cases as are allowed jurors in civil cases; provided, that said jurors are accepted and sworn to try the cause, and the same mileage for the same travel shall be allowed to all grand and trial jurors as is allowed to witnesses in this Act. No fees shall be allowed trial jurors in criminal cases in justices courts. |
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Relative to reports of State officers.
The order in which they shall be printed. |
Chap. XX.An Act to determine the order in which the reports of State officers and others shall be printed, and defining the number of copies thereof.
[Approved February 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be printed of the biennial message of the Governor two thousand copies, in pamphlet form; of the inaugural address of the Governor, two thousand copies; of the annual report of the State Controller, twelve hundred copies; of the annual report of the State Treasurer, one thousand copies; of the biennial report of the Secretary of State, five hundred copies; of the biennial report of the Surveyor-General, two thousand copies; of the biennial report of the Superintendent of Public Instruction, one thousand copies; of the annual reports, biennially, of the Attorney-General, five hundred copies; of the biennial report of the Warden of the State Prison, one thousand copies; of the biennial report of the Commissioners for the Care of the Indigent Insane, one thousand copies; of the biennial report of the Board of Directors of the State Orphans Home, five hundred copies; of the biennial report of the Adjutant-General, one thousand copies; of the biennial report of the Fish Commissioner, twenty-five hundred copies; of the annual reports, biennially, of the Superintendent of State Printing, five hundred copies. Sec. 2. The printing of the various reports shall be executed in the order designated in section one of this Act; provided, nothing in this Act shall be construed to prevent the Superintendent of State Printing from entering upon and completing, out of the order designated in section one, the printing of any report where a failure occurs on the part of any officer to furnish the copy of a precedent report in proper time. Sec. 3. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Chap. XXI.An Act to provide for the better preservation of the mining records of this State, and to repeal all other Acts in conflict with this Act.
[Approved February 14, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of each and every mining recorder of the several mining districts of the State to require all persons locating and recording a mining claim to make a duplicate copy of each and every mining notice, which copy the said mining recorder shall carefully compare with the original, and mark Duplicate on its face or margin, and he shall immediately deposit with or transmit the same to the County Recorders of the respective counties in which said mining district may be located. Sec. 2. The said district mining recorders, at the time of comparing said duplicate notices with the original, shall collect from the locators of said mining claims the sum of one dollar for each and every notice compared, which sum he shall transmit, together with the said duplicate notices, to the County Recorders of the respective counties in which said mining claims shall be located. Sec. 3. Whenever, owing to the distance of the mining district from the county seat, it becomes inconvenient for the district mining recorder to personally deposit the duplicate copy with the County Recorder, then in that case he may forward the same by mail or express, or such other manner as will insure safe transit and delivery to the County Recorder. Sec. 4. The County Recorders of the several counties shall receive for their services for recording each of said duplicate notices, the said sum of one dollar, mentioned in section two of this Act. Sec. 5. The record of the duplicate copies in the office of the County Recorder, as herein provided, shall be received in evidence, and have the same force and effect in all courts of the State as the original mining district records. Sec. 6. Any person neglecting or refusing to comply with the provisions 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 such fine and imprisonment. Sec. 7. All Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
Duties of Mining Recorders.
Duplicate notices.
Fees to be collected.
Duplicate to be filed.
County Recorder to receive fees.
Penalty. |
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Brave men who lost their lives when in the service of the United Sates.
The sum of $200 appropriated.
Warrant to be drawn in favor of E. B. Zabriskie |
Chap. XXII.An Act to properly provide for the reception of bodies of United States and volunteer soldiers, who died while in defense of the lives and property of citizens of Nevada, now being disinterred at Fort Churchill, and to be interred in the cemetery at Carson, Ormsby county, Nevada, and other matters relating thereto.
[Approved February 14, 1885.]
Whereas, During the early history of the Territory of what is now the State of Nevada, many brave men in the service of the United States lost their lives in defending the lives and property of the residents of the Territory; and, Whereas, The deepest gratitude is by right due the memory of the noble men who gave their lives in defense of the defenseless without reward or hope of reward, except that which comes to an unselfish patriot; and, Whereas, The United States has made an appropriation for the removal of the bodies of the soldiers now at Fort Churchill to Ormsby county, and it is but proper that some respect should be shown the memory of those brave men, some of whom died in defense of the whites against the Indians, prominent among whom was Lieutenant-Colonel McDermit; and, Whereas, No appropriate ceremonies can be had without some funds, and none have been appropriated for this purpose, and it is safe to assume that the people of the battle-born State of Nevada would gladly vote a small appropriation to so patriotic a purpose if they could be heard from directly; and, Whereas, The arrival of between thirty-six and forty bodies of soldiers at the Capital of the State, should not be permitted to pass unnoticed, therefore the following is the sense of the Legislature:
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred dollars is hereby appropriated out of any money in the general fund, not otherwise appropriated, for the purpose of defraying the expenses of properly receiving the bodies of the United States and volunteer soldiers, as they pass through the Capital of the State to the cemetery of the Grand Army of the Republic. Sec. 2. The State Controller is hereby authorized and instructed to draw his warrant for the sum expended, providing it does not exceed the sum of two hundred dollars, in favor of E. B. Zabriskie, |
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in favor of E. B. Zabriskie, Secretary of the Association of Mexican War Veterans, to be expended as provided in section one of this Act, and the State Treasurer is required to pay the warrant when presented. |
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Chap. XXIII.An Act to amend an Act entitled An Act for the relief of insolvent debtors and protection of creditors, approved March 3, 1881.
[Approved February 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of the above-entitled Act is hereby amended so as to read as follows: Section nine. At the time of granting the order for a meeting of the creditors, the Judge shall make an order, directed to the Sheriff of the county wherein such application is made, directing him to take into his custody all the property of the insolvent, except his books, vouchers, papers and securities; excepting, also, any and all such property as may have been set apart by said Judge for the use and benefit of the insolvent and his family, as provided in section six of this Act, and the said Sheriff shall immediately take and retain in his possession all the property of the said insolvent until an assignee shall have been chosen, when the same shall be delivered by him to the said assignee. Sec. 2. Section thirty-six of the above-entitled Act is hereby amended so as to read as follows: Section thirty-six. All legal mortgages and liens, bona fide, existing on such property at the time of the surrender, as aforesaid, shall remain good and valid, and may be enforced in the same manner, due notice being given to the assignee, as though no such surrender had been made. |
Property to be taken into the custody of the Sheriff.
Certain liens to hold good. |
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Chap. XXIV.An Act to provide for the adoption of children.
[Approved February 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any minor child may be adopted by any adult person or by any husband and wife, in the cases and subject to the provisions prescribed in this Act. The person or persons adopting a child must be at least ten years older than the child adopted; provided, that in the case of a husband and wife adopting a child, if only one of them shall be ten years older than the child, it shall be sufficient. |
Conditions for adopting minor children. |
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Obtaining necessary consent.
Unlawfully separated, married persons shall not adopt.
Illegitimate children.
Rights of adopted child.
May take the name of the adopting party. |
persons adopting a child must be at least ten years older than the child adopted; provided, that in the case of a husband and wife adopting a child, if only one of them shall be ten years older than the child, it shall be sufficient. Sec. 2. The person or persons adopting a child, and the child adopted, and the other persons, if known, if within or residents of this State, whose consent is necessary, must appear before the District Judge of the county where the person or persons adopting reside, and the necessary consent must thereupon be signed and an agreement be executed by the person or persons adopting, to the effect that the child shall be adopted and treated in all respects as his, or her, or their own lawful child should be treated, including the rights of support, protection, and inheritance. Sec. 3. A married man, not lawfully separated from his wife, or a married woman, not thus separated from her husband, cannot adopt a child without the consent of the other spouse; provided, the husband or wife not consenting is capable of giving such consent. Sec. 4. A legitimate child cannot be adopted without the consent of its parents, if they be living and known, nor an illegitimate child without the consent of its mother, if she be living and known, and not without the consent of the father of such illegitimate child also, if he be living and known, and if he shall have adopted such illegitimate child as his own, by the acts and in the manner prescribed by section eight [nine] of this Act; provided, that such consent shall not be necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery, or cruelty, abandonment, or for either of said causes, divorced, or adjudged to be a habitual drunkard, or has been judicially deprived of the custody of the child on account of adultery, drunkenness, cruelty, or neglect; and provided further, that no child over the age of twelve years shall be adopted without his or her own consent in writing. Sec. 5. The Judge must examine, under oath, all persons appearing before him under the provisions of this Act, and if satisfied that the interest of the child will be promoted by the adoption, he shall make an order declaring that the child shall henceforth be regarded and treated in all respects as, and have all rights, including the right of support, and of protection, and of inheritance, of a lawful child of the person or persons so adopting the child. Sec. 6. A child, when adopted, may take the family name of the person or persons adopting, and after adoption the persons adopting, and the child, shall sustain towards each other the legal relation of parent and child, and have all of the rights, including the rights of support, maintenance, protection, and inheritance, and be subject to all of the duties of that relation; and the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibility for, the child so adopted, and have no rights over it. |
κ1885 Statutes of Nevada, Page 31 (CHAPTER 24)κ
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the duties of that relation; and the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibility for, the child so adopted, and have no rights over it. Sec. 7. If the persons whose consent is necessary to the adoption of a child are not within this State, their consent, in writing, if they be known and their whereabouts can be ascertained, must be obtained and filed with the Judge, duly executed and acknowledged, in like manner as conveyances of real estate are required to be executed and acknowledged; provided, that if the Judge shall find that the person or persons whose consent is required have abandoned such child, or if such persons are unknown, or their whereabouts cannot be ascertained, then in that case the Judge may, in his discretion, proceed to make the order of adoption without such consent; but in that case it shall be the duty of the Judge to cause to appear before him, by citation or otherwise, the persons in whose custody the child is, and may also bring before him, in his discretion, such of the next friends of the child as he may deem proper, and shall examine them under oath, and if he deem it for the best interests of the child, he shall make the order of adoption. Sec. 8. The District Judge shall file in the office of the County Clerk all papers presented before him, or copies thereof, in the matter of the adoption of any child, and shall cause the order of adoption to be entered in the minutes of the District Court of the county where the proceeding is had, and a certified copy of such minute entry to be filed and recorded in the office of the County Recorder of said county, and such records shall be notice to the world of such adoption of the child. Sec. 9. The father of an illegitimate child, by publicly acknowledging it as his own, or receiving it as such, with the consent of his wife, if he is married, into his family, or otherwise treating it as his legitimate child, thereby adopts it as such; and such child shall, thereupon and thenceforth, be deemed, for all purposes, legitimate from the time of its birth. The provisions of the foregoing sections of this Act do not apply to such an adoption, except as specified in section four of this Act. Sec. 10. The provisions of this Act shall not apply to any Mongolian, either as the adopting or adopted party. |
If abandonment of child be shown, consent not necessary.
An illegitimate child acknowledged by the father becomes legitimate from its birth.
Shall not apply to Mongolians. |
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County Commissioners to estimate number of jurors required.
Names to be written on slips.
Slips to be returned in certain cases.
Provisions for filling an incomplete panel. |
Chap. XXV.An Act regulating the manner of drawing juries in the District Courts of this State.
[Approved February 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of each county in this State shall, at their first meeting after this Act takes effect, and thereafter at their first regular meeting in each year, by an order entered on their minutes, estimate as nearly as possible the number of trial jurors that will be required for service in the District Court until the next annual selection of trial jurors under this Act. They shall then proceed to select from the last poll lists of said county such number of qualified jurymen as they have estimated to be necessary. The names so selected shall be entered on the minutes of said Board, together with their occupation and place of residence. Sec. 2. The names so selected shall at the same time be written on separate slips of paper, and deposited in a box, to be provided and kept for that purpose, and known as the jury box; said box, when not in use as herein provided, shall be kept securely locked by the County Clerk. Sec. 3. 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. The Board of Commissioners shall not select the name of any person whose name was selected the previous year, and who actually served on the jury, unless there be not enough other suitable jurors in the county to do the required jury duty. Sec. 4. When all the names in the jury box have been exhausted, or there are not enough therein to complete the next panel that may be drawn, the District Judge shall certify the same to the Board of Commissioners, together with the statement of the number of additional names that will be required, and said board shall thereupon proceed and select such required number of jurors in the manner hereinbefore provided; and thereafter trial jurors in the manner hereinbefore provided; and thereafter trial jurors may be drawn therefrom as before. Grand jurors may be drawn from the qualified jurors of the county, whether their names are or are not upon the list selected by the Board of County Commissioners. But if during any term of any District Court all the names in the jury box should be exhausted, and it be necessary for the purpose of justice that a jury or juries should be impaneled for that term of such court, then the District Judge shall issue a venire for such a reasonable number of the qualified electors of the county as shall, in his judgment, be necessary to form such jury or juries, but for that term only. |
κ1885 Statutes of Nevada, Page 33 (CHAPTER 25)κ
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District Judge shall issue a venire for such a reasonable number of the qualified electors of the county as shall, in his judgment, be necessary to form such jury or juries, but for that term only. Sec. 5. This Act shall take effect and be in force on and after the first day of April, A. D. one thousand eight hundred and eighty-five. Sec. 6. All Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed; such repeal to take effect from and after the time this Act shall take effect and go into operation. |
District Judge to issue venire
To take effect April 1, 1885. Repeal. |
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Chap. XXVI.An Act relating to the unpaid salaries of county officers.
[Approved February 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of the several counties of this State are authorized and directed, and it is hereby made their duty, to transfer all moneys not otherwise appropriated, from the General Fund of each county to an Officers Salary Fund, which is hereby created for the purposes of this Act, until all the officers salaries, under an Act fixing the salaries of the various county officers in the several counties of this State, and other matters relating thereto, approved March eleventh, eighteen hundred and seventy-nine, shall have been fully paid and discharged in their respective counties. |
Officers salary fund created. |
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Chap. XXVII.An Act supplemental to 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 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any Board of County Commissioners shall deem it necessary to have printed copies of the names upon the register of voters in any election precinct (as mentioned in section eight of the Act to which this Act is supplementary), said board shall cause said list to be printed in such manner and for such time, |
Provides for printing the names of voters. |
κ1885 Statutes of Nevada, Page 34 (CHAPTER 27)κ
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Fifteen cents allowed for each name. |
printed in such manner and for such time, in a newspaper or otherwise, as they may deem best calculated to give notice to the public of the names so registered, and shall cause copies thereof to be forthwith furnished to the Registry Agent of said precinct for posting, as required by said section eight; provided, that no registry list shall be printed at the charge or expense of a county, and no Board of County Commissioners shall allow, or Auditor approve any claim therefor, in whole or in part, unless said printing shall have been done at the instance and order of said board; and provided, further, that in no case shall the whole amount allowed by said board, approved by the Auditor, or paid by the county for printing any registry list, exceed the sum of fifteen cents for each name upon said list and printed. Sec. 2. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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The sum of $741 61 appropriated.
Payment to be made. |
Chap. XXVIII.An Act to pay the claim of W. T. Hanford, for services rendered in the State Land Office.
[Approved February 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven hundred and forty-one dollars and sixty-one cents is hereby appropriated out of any money in the State School Fund, not otherwise appropriated, to pay the allowance made by the Board of Examiners to W. T. Hanford, for services rendered in the State Land Office during the year eighteen hundred and eighty-four. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant in favor of said W. T. Hanford for the sum mentioned in section one of this Act, and the State Treasurer is authorized and directed to pay the same. |
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Indians amenable to the criminal laws. |
Chap. XXIX.An Act extending the criminal laws of this State to and over the Indians therein.
[Approved February 20, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All the laws of this State concerning crimes and punishments, or applicable thereto, and all the laws of this State concerning proceedings in criminal cases or applicable thereto, |
κ1885 Statutes of Nevada, Page 35 (CHAPTER 29)κ
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applicable thereto, are hereby extended to and over all Indians in this State, whether such Indians be on or off an Indian reservation, and all of said laws are hereby declared to be applicable to all crimes committed by Indians within this State, whether committed on or off an Indian reservation, save and except an offense committed upon an Indian reservation by one Indian against the person or property of another Indian. |
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Chap. XXX.An Act to amend an Act entitled An Act to authorize and require the payment of rewards in certain cases, approved February 26, 1877.
[Approved February 23, 1885.]
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 Governor shall offer a standing reward of two hundred and fifty dollars for the arrest of each person engaged in the robbery of, or in the attempt to rob, any person or persons upon, or having in charge in whole or in part, any stage-coach, wagon, railroad train, or other conveyance, engaged at the time in conveying passengers, or any private conveyance within this State, and for the arrest of each person engaged in the robbery of, or in the attempt to rob, any person or persons upon any highway in the State of Nevada, the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested; provided, no reward shall be paid except after such conviction; and provided, further, that the provisions of this Act shall not apply to any Sheriff, Constable, Marshal or police officer who shall make such arrest in the performance of the duties of his office in the county where such officer resides, or in which his official duties are required to be performed. |
A reward for the conviction of highway robbers.
Proviso. |
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κ1885 Statutes of Nevada, Page 36κ
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Traveling merchants to pay license.
Amounts specified.
Classification of goods. |
Chap. XXXI.An Act providing for the licensing of traveling merchants, and merchants doing business through soliciting agents, commonly known as drummers.
]Approved February 23, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every merchant or firm represented by a soliciting agent or drummer, and every traveling merchant, or other person selling, or offering to sell, any goods, wares or merchandise, to be delivered at some future time in this State, or carrying samples and selling, or offering to sell, goods, wares or merchandise of any kind similar to said samples, to be delivered at some future time in this State, shall, before commencing the transaction of any such business, pay an annual State license to the State Controller as follows, to-wit: For wines, spirituous and malt liquors, or either, two hundred dollars per annum; for boots and shoes, or either, one hundred and seventy-five dollars per annum; for tobacco and cigars, or either, one hundred and fifty dollars per annum; for groceries and provisions, or either, one hundred dollars per annum; for crockery, queensware and glassware, or either, one hundred dollars per annum; for dry goods, one hundred dollars per annum; for clothing and furnishing goods, or either, one hundred dollars per annum; for the product of any woolen factory, one hundred dollars per annum; for drugs, medicines and chemicals, or either, one hundred dollars per annum; for jewelry, one hundred dollars per annum; for hardware, machinery, powder, fuse and articles usually kept in stock with hardware, or either, one hundred dollars per annum; for any class of goods, wares or merchandise, not in this section heretofore enumerated, seventy-five dollars per annum; provided, that when any such merchant or firm, traveling merchant, or other person, shall deal in more than one of the classes of goods, wares or merchandise enumerated in this section, but one license shall be required, but an amount in addition to the amount required for goods, wares or merchandise of the highest class sold by such merchant or firm, traveling merchant, or other person, shall be paid to the State Controller, as follows, to-wit: For tobacco and cigars, or either, fifty dollars per annum; for boots and shoes, or either, fifty dollars per annum; for each of the lower classes, twenty-five dollars per annum. On payment to the State Controller of any of the sums named in this section, by any merchant or firm, traveling merchant, or other person, |
κ1885 Statutes of Nevada, Page 37 (CHAPTER 31)κ
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other person, desiring to do business under the provisions of this Act, the State Controller shall issue a license authorizing such merchant, or firm, traveling merchant, or other person, through the bearer of the license, to transact the business specified for the period of one year from the date thereof, and no other license shall be required for the transaction of said business for the time covered by said license. Sec. 2. All moneys received for the licenses provided for in this Act shall be paid into the General Fund of the State. Sec. 3. Any traveling merchant, soliciting agent or drummer, or other person, who shall sell, or attempt to sell, by samples or otherwise, any goods, wares or merchandise of any kind, to be delivered at some future time in this State, without the authority of a license, as provided for in section one of this Act, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine in any sum not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment; and it is hereby made the duty of every Justice of the Peace, Constable, Sheriff and all other peace officers to demand the production of the license required in this Act of any such traveling merchant, soliciting agent, or drummer or other person, and if such person shall be found not to have such license, he shall be punished as in this Act provided. Sec. 4. It shall be the duty of the State Controller, on conviction of any person for transacting business in violation of this Act, when such conviction is properly certified to him, to draw his warrant for the sum of twenty-five dollars in favor of the officer making the arrest and securing the conviction, on any appropriation that may be made by the Legislature for enforcing the collection of revenue, and it shall be the duty of the State Treasurer to pay the same. Sec. 5. All sales, or contracts for the sale of goods, wares or merchandise to be delivered at some future time in this State, made by any traveling merchant, soliciting agent or drummer or other person, without the authority of a license, as provided in this Act, is hereby prohibited and shall be illegal and void, and no action shall be maintained in any court in this State to enforce the same. Sec. 6. It shall be the duty of the State Controller, on or before the tenth day of each month, to prepare and transmit to the several Sheriffs of this State a list of all persons or firms who have taken out the licenses as provided for in this Act, giving the date on which each license will expire. Sec. 7. Any officer who neglects or refuses to perform any duty imposed upon him by this Act, shall be guilty of a misdemeanor, and on conviction thereof before a court of competent jurisdiction, |
Moneys to go to the General Fund.
Reward for officer making the arrest.
Contracts void.
Controller to furnish list of licensed firms.
Officer neglecting duty guilty of misdemeanor. |
κ1885 Statutes of Nevada, Page 38 (CHAPTER 31)κ
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See amendment in Chapter 68 of this volume. Repeal. |
competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by both such fine and imprisonment; and it is hereby made the duty of all grand juries to inquire into and make presentments of each and every offense under this section, which shall come under or within their knowledge; and it shall be and is hereby made the duty of all judges in this State to give this section in charge to the grand juries at each term of their respective courts, and also to all trial jurors impaneled for the trial of the offense mentioned in this section. Sec. 8. An Act providing for the licensing of traveling merchants or soliciting agents, commonly known as drummers, approved March twelfth, eighteen hundred and eighty-three, and all other Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. |
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Appropriates the sum of $176 64.
The payment authorized. |
Chap. XXXII.An Act for the relief of Charles E. Laughton, Lieutenant Governor and ex-officio State Librarian.
[Approved February 24, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and seventy-six dollars and sixty-four cents is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, to be paid to Charles E. Laughton, ex-officio State Librarian, for extra clerical service in the State Library, in the years eighteen hundred and eighty-three and eighteen hundred and eighty-four, during the time said Charles E. Laughton was necessarily absent from said State Library, in the performance of other official duties, to-wit: eighteen days service on Board of Commissioners for Care of Indigent Insane; thirteen days absent at Reno, in connection with management of Insane Asylum; fifteen days absence inspecting the militia of the State, as required by law. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Charles E. Laughton for the sum of one hundred and seventy-six dollars and sixty-four cents, and the State Treasurer is hereby directed to pay the same. |
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κ1885 Statutes of Nevada, Page 39κ
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Chap. XXXIII.An Act to repeal an Act entitled An Act to provide for the better observance of the first day of the week, commonly known as Sunday, which became a law on the 14th day of February, 1883.
[Approved February 24, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain Act entitled An Act to provide for the better observance of the first day of the week, commonly known as Sunday, which became a law on the fourteenth day of February, A. D. eighteen hundred and eighty-three, without the approval of the Governor, is hereby repealed. |
Repeal. |
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Chap. XXXIV.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November 26, 1861.
[Approved February 24, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and sixteen of said Act is hereby amended so as to read as follows: Section one hundred and sixteen. If any person shall knowingly send or deliver any letter or writing threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels, or other valuable thing; or threatening to maim, wound, kill, or murder, or to burn or destroy his or her house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his or her infirmities, though no money, goods, chattels, or other valuable thing be demanded; or writes and sends, or writes and delivers, either through the mail, express, by private parties, or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime, or writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his or her standing in society or in the community, such person so offending shall, on conviction, be fined in a sum not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months. |
The sending of threatening or anonymous letters a misdemeanor. |
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κ1885 Statutes of Nevada, Page 40κ
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Ceding jurisdiction.
Exception.
Lands exempt from taxation. |
Chap. XXXV.An Act ceding the jurisdiction of this State over certain lands to be acquired by the United States.
[Approved February 24, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The jurisdiction of this State is hereby ceded to the United States of America over all pieces or parcels of land within the limits of this State that may be selected or acquired by the United States for the purpose of erecting thereon a public building or public buildings for the accommodation of the United States Courts, the postoffice and other Government offices; and the United States shall have exclusive jurisdiction over the same during the time said United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of this State, and the service of any civil process therein or thereon. Sec. 2. The lands aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States. |
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Deputy Assessors to be appointed.
Compensation. |
Chap. XXXVI.An Act to provide for the appointment of Deputy County Assessors and to provide for their compensation.
[Approved February 25, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioner of each county may authorize the County Assessor to appoint one or more deputies, who shall receive not to exceed five dollars for each days service actually performed; and said Commissioners shall not allow pay for such deputy for more than six months in each year, and may limit the time for which he is to be paid to any number of days less than six months, in their discretion. Sec. 2. The compensation of Deputy Assessor shall be paid by the County Treasurer out of the same fund and in the same manner as the salary of the Assessor. Sec. 3. All Acts and parts of the Acts insofar as they may conflict with this Act are hereby repealed. |
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κ1885 Statutes of Nevada, Page 41κ
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Chap. XXXVII.An Act for the relief of Angus McLeod.
[Approved February 25, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred and thirteen dollars and twenty-three cents is hereby appropriated out of any money in the General Fund of this State, not otherwise appropriated, to reimburse Angus McLeod, ex-Treasurer of Esmeralda county, Nevada, for money overpaid to the State in his semi-annual December settlement, eighteen hundred and eighty-one. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant on the General Fund in favor of said Angus McLeod for the sum of three hundred and thirteen dollars and twenty-three cents, and the State Treasurer is hereby directed to pay the same. |
Appropriating the sum of $313 23.
Payment authorized. |
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Chap. XXXVIII.An Act to prohibit the sale of ardent spirits to the Indians.
[Approved February 25, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall, after the passage of this Act, sell, barter, give, or in any manner dispose of any spirituous or malt liquors, wine or cider of any description whatever, to any Indian within this State, shall be deemed guilty of a misdemeanor, and upon due conviction thereof before any court of competent jurisdiction, shall be fined in any sum not less than one hundred dollars, and not exceeding five hundred dollars, or be imprisoned in the county jail for any time not less than one month, and not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. Sec. 2. All fines imposed and collected under the provisions of the foregoing section, after the payment of costs, shall be paid into the School Fund, and the Justice of the Peace before whom the conviction is had, is hereby authorized and empowered to tax, as part of the cost, the sum of one hundred dollars against the defendant, which last named sum shall go to the informer, and in the event of the failure or refusal of the defendant to pay or cause to be paid the said costs of one hundred dollars, |
The furnishing of liquors to Indians prohibited.
Fines to go to the School Fund. |
κ1885 Statutes of Nevada, Page 42 (CHAPTER 38)κ
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Proviso.
Qualifications of witnesses.
Repeal. |
the said costs of one hundred dollars, the same shall remain as a judgement against the defendant until his or her full term of imprisonment shall have expired; provided, that in no case shall the informer have any claim or demand against the county or State. Sec. 3. In all cases prosecuted under the provisions of this Act, Indians shall be competent witnesses against Chinese, and as against white persons the evidence of the Indian, or Indians, may be taken by the court or jury for what it may be deemed worth. Sec. 4. Justices of the Peace, within their respective counties, shall be considered courts of competent jurisdiction within the meaning of this Act. Sec. 5. This Act shall take effect from and after the first day of April, A. D. one thousand eight hundred and eighty-five. Sec. 6. An Act entitled An Act to prohibit the sale of ardent spirits, fire-arms or ammunition to the Indians, approved December seventeenth, eighteen hundred and sixty-two, and all other Acts in conflict with the provisions of this Act, are hereby repealed. |
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The hides of slaughtered bovine animals to be kept and exhibited.
Record of marks and brands to be kept. |
Chap. XXXIX.An Act concerning certain crimes and punishments.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person to sell any slaughtered bovine animal to the keeper of any butcher shop or meat market in this State without having, and upon request exhibiting, to such keeper, the hide, containing the brand, and other marks upon the hide of such animal. Any person so offending shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars, or imprisoned in the county jail not less than five days nor more than one hundred and fifty days, or by both such fine and imprisonment. Sec. 2. It shall be unlawful for the keeper of any slaughter-house, or persons engaged in slaughtering cattle for sale in this State, to purchase any cattle for slaughter, or any slaughtered bovine animal, without having exhibited to him the hide of such animal, and examining the brand and other marks upon such hide, and making and entering in a book to be kept for that purpose a description of such brand and marks, together with the name of the person from whom the purchase was made, and the date of such purchase. |
κ1885 Statutes of Nevada, Page 43 (CHAPTER 39)κ
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book to be kept for that purpose a description of such brand and marks, together with the name of the person from whom the purchase was made, and the date of such purchase. Said book shall be kept at the slaughter-house or business office of the person engaged in slaughtering cattle, and shall be open to the inspection of the hide inspector or the owner of any horned cattle in this State during business hours. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars, or imprisoned in the county jail not less than five days nor more than one hundred and fifty days, or by both such fine and imprisonment. Sec. 3. It shall be unlawful for any person peddling the meat of any bovine animal, who is not the keeper of any shop or meat market, to sell such meat without having, and upon request exhibiting, the hide of such animal containing the brand and other marks thereon. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten dollars nor more than five hundred dollars, or imprisoned in the county jail not less than five days nor more than one hundred and fifty days, or by both such fine and imprisonment. Sec. 4. It shall be the duty of every keeper of any slaughter-house, and engaged in the business of slaughtering any bovine animals, to keep at his slaughter-house or place of business, a book or record, in which shall be recorded and preserved a description of the brand and other marks upon the hides of each slaughtered bovine animal, together with the name of the person from whom the animal was purchased, when such name is known or can be ascertained, and the date of such purchase. Said book shall be open to the inspection of the hide inspector or the owner of any horned cattle during business hours. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars, or imprisoned in the county jail not less than five days nor more than one hundred and fifty days, or by both such fine and imprisonment. Sec. 5. This Act shall take effect on the first day of May, A. D. eighteen hundred and eighty-five. |
Punishment.
Duties of meat peddlers.
Keepers of slaughter houses.
Take effect May 1, 1885. |
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κ1885 Statutes of Nevada, Page 44κ
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Prohibits the destroying of bob white quail.
Misdemeanor.
Punishment. |
Chap. XL.An Act to promote the propagation of bob white quail.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person for the period of five years from the passage of this Act, to trap, shoot, kill, destroy, or to pursue with such intent, any bob white quail in the State of Nevada. Sec. 2. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding fifty days, or by both such fine and imprisonment, for each such offense. |
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Offenses concerning neat cattle.
Evidence of ownership. |
Chap. XLI.An Act to regulate proceedings in certain criminal cases.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When a public offense concerns any neat cattle, horse, mule or other animal running at large upon any range which extends into more than one county of this State, such offense may be prosecuted in either of said counties, and upon the trial of any such offense, proof that such animal is the property of the owner, or person occupying the said range, and was at the time the offense was committed running at large upon the range, shall be prima facie evidence that said offense was committed within the jurisdiction of the court. Sec. 2. Upon the trial of any public offense which concerns any neat cattle, horse, mule, or other animal running at large upon any range in this State, the brand and other marks upon such animal shall be prima facie evidence of ownership. |
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Chap. XLII.An Act to amend An Act providing for the publication of bills allowed by the Boards of County Commissioners in this State, approved March 1, 1883.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is amended so as to read as follows: Section two. The publication shall be made in a daily paper, if such be published at the county seat; but in counties where no daily paper is published at the county seat, the publication shall be made in a tri-weekly, semi-weekly or weekly; and where no paper is published at the county seat, the publication shall be made in any paper published in the county. |
Publication, how made, |
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Chap. XLIII.An Act fixing the compensation of the County Recorder of White Pine county, in certain cases.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act the County Recorder of White Pine county, Nevada, shall be entitled to receive as compensation for the re-recording of any deed, mortgage, bill of sale, or other instrument of writing required by law to be recorded, and the record of which was destroyed by the burning of the court-house of said White Pine county, on the fifth day of January, eighteen hundred and eighty-five, only one-half of the fees now allowed by law for the original record of such instrument. |
One-half of usual fees to be collected for re-recording. |
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κ1885 Statutes of Nevada, Page 46κ
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Manner of settling bill of exceptions. |
Chap. XLIV.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, A. D. 1861.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred and twenty-four of said Act is hereby amended so as to read as follows: Section four hundred and twenty-four. The bill of exception shall contain so much of the evidence only as is necessary to present the question of law upon which the exceptions were taken, and the Judge shall, upon the settlement of the bill, whether agreed to by the parties or not, strike out evidence and other matters not material to the questions to be raised. If the Judge in any case refuses to allow an exception in accordance with the facts, the party desiring the bill settled may apply by petition to the Supreme Court, for leave to prove the same. The application and proof shall be made in the mode and manner, and under such regulations as that court may prescribe; and the bill, when proven, must be certified by the Chief Justice, or, in his absence or inability to act, by one of the Associate Justices, to be correct, and filed with the Clerk of the court in which the action was tried, and when so filed it shall have the same force and effect as if settled by the Judge who tried the cause. If the Judge who presided at the trial ceases to hold office before the bill is tendered or settled, he may nevertheless settle such bill, or, in the event of his failure or refusal to do so, either party may, as provided in this section, apply to the Supreme Court for leave to prove the same. |
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κ1885 Statutes of Nevada, Page 47κ
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Chap. XLV.An Act to amend an Act entitled An Act amendatory of and supplementary to an Act entitled An Act to regulate the sale or disposal of opium, and to prohibit the keeping of places of resort for smoking, or otherwise using that drug, approved February 9, 1877; approved March 8, 1879.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said amended Act is hereby amended so as to read as follows: Section two. Any person or persons who shall be found guilty of violating the provisions of this Act, shall, on legal conviction thereof, be punished by a fine not exceeding one thousand dollars, or by imprisonment, not exceeding two years, or by both such fine and imprisonment as the Court shall adjudge; and if such imprisonment shall be for a period exceeding six months, the same shall be in the State Prison, and the Court pronouncing a judgment of conviction under this Act, shall declare such opium and pipes contraband and unlawful, and shall direct and order that all opium, and all pipes and utensils used in smoking opium, taken or found, be destroyed by the officer or person having the possession thereof, as soon as the same is no longer necessary for purposes of evidence. Sec. 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
Opium and pipes to be destroyed. |
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Chap. XLVI.An Act relative to the proving of Indian war claims.
[Approved February 27, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Examiners are hereby authorized and directed to examine into all claims for services rendered, moneys expended, indebtedness incurred and supplies and necessaries furnished between the first day of January, A. D. one thousand eight hundred and sixty, and the date of the approval of this Act, in repelling invasions and suppressing Indian outbreaks and hostilities within the territorial limits of the present State of Nevada. |
State Board of Examiners to investigate Indian war claims. |
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κ1885 Statutes of Nevada, Page 48 (CHAPTER 46)κ
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Notice to be given by publication
Claimants to appear personally.
Evidence to be reduced to writing.
Approved claims with evidence to be transmitted to Secretary of the Treasury. |
Said board shall also examine into all claims for horses, equipments and wagons actually lost by those engaged as aforesaid, while in the line of duty in active service. Sec. 2. That immediately after the approval of this Act the board shall give notice by publication in some daily newspaper published at the State Capital to all persons having such claims to present them by petition, showing the items and amounts thereof, to the board within sixty days from the first publication of the notice, which notice shall be published in each issue of such newspaper for a period of at least thirty days; provided, that if no daily newspaper be published at the State Capital, then the notice may be published in such other daily newspaper as shall be designated by the board. Any and all claims presented in accordance with the requirements of said notice shall be examined, and final action thereon taken by the board, as soon as practicable thereafter. Sec. 3. That all persons having such claims shall be permitted to appear personally before the board and produce such evidence as they may have in support of their respective demands; and all the provisions of sections eight, nine, ten, eleven and twelve of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties upon the Controller and Treasurer, approved February seventh, one thousand eight hundred and sixty-five, are hereby made applicable to the examination of claims presented under this Act. Sec. 4. That the evidence presented to the board in support of any such claim shall be reduced to writing, and immediately after the approval or disapproval of the claim, the petition and evidence shall be filed in the office of the Governor of the State. If the claim be entirely disapproved, the board shall indorse their disapproval upon the petition, and such claim shall not be reconsidered, unless upon presentation by the claimant, within thirty days thereafter, of new and material testimony in its support. If the claim be approved, either in whole or in part, the board shall indorse such approval upon the petition, which indorsement shall show the items and amounts for which the claim is approved, and a certificate of like tenor and effect shall also be given to the claimant whose claim shall have been so approved. Sec. 5. That as soon as all the claims presented under the provisions of this Act shall have been finally acted upon by the board, it shall be the duty of the Governor to transmit the claims that have been approved for any amount, together with the evidence in support of them, to the Secretary of the Treasury of the United States, or other properofficer, and to urge the payment thereof by the United States Government at the earliest practicable day. |
κ1885 Statutes of Nevada, Page 49 (CHAPTER 46)κ
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officer, and to urge the payment thereof by the United States Government at the earliest practicable day. Sec. 6. Nothing herein contained shall be so construed as to make the State of Nevada liable for the amount of any approved claim, or any amount of money whatever, except as the same may be received from the treasury of the United States for the payment of such claims, and then only for the particular claims allowed by the United States Government, and to the extent of such allowance. |
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Chap. XLVII.An Act to amend an Act entitled An Act to amend an Act in relation to highways, approved March 15, 1875; approved March 2, 1877.
[Approved February 28, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act shall be so amended as to read as follows: Section fifth. Section eleven is amended to read as follows: Section eleven. The width of all public highways hereafter constructed shall be regulated and established by the Boards of County Commissioners; provided, no such highways shall exceed in width sixty feet. |
Roads to be not more than sixty feet wide. |
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Chap. XLVIII.An Act to amend section one of an Act entitled An Act providing for the taxation of the net proceeds of mines, approved February 28, 1871.
[Approved March 2, 1885.]
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. All ores, tailings and mineral bearing material, of whatever character, shall be assessed for purposes of taxation, for State and county purposes in the following manner: From the gross yield, return, or value of all ores, tailings, or mineral bearing material, of whatever character, there shall be deducted the actual cost of extracting said ores or minerals from the mine, |
Actual cost of reduction to be deducted. |
κ1885 Statutes of Nevada, Page 50 (CHAPTER 48)κ
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extracting said ores or minerals from the mine, the actual cost of saving said tailings, the actual cost of transportation of said ores, mineral bearing material, or tailings to the place of reduction or sale, and the actual cost of such reduction or sale; and the remainder shall be deemed the net proceeds, and shall be assessed and taxed as provided for in this Act. |
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Appropriates the sum of $50.
Ordered paid. |
Chap. XLIX.An Act to pay the deficiency in the appropriation for stationery, fuel, and lights for the nineteenth and twentieth fiscal years.
[Approved March 2, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty dollars is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay the allowance made by the Board of Examiners to Thomas J. Tennant, for services rendered the Furnishing Board in the stationery department of the Secretary of States office. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant in favor of said Thomas J. Tennant, and the State Treasurer is authorized and directed to pay the same. |
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Swine not to be free commoners.
Owners of swine responsible for twice the value of property destroyed. |
Chap. L.An Act to prohibit swine from running at large and being free commoners.
[Approved March 2, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, who are the owner or owners, or who may have charge of any swine within this State, to allow them to run at large and be free commoners. Sec. 2. Any swine belonging to any person or persons, or under the charge of any person or persons, that shall break into any yard, flower or vegetable garden, or in any inclosure whatever, or shall root up or destroy any pasture, field, or growing grass for hay purposes, or any kind of growing crop whatever, whether the same be inclosed or not, such person or persons, owner or owners, shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed. |
κ1885 Statutes of Nevada, Page 51 (CHAPTER 50)κ
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not, such person or persons, owner or owners, shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed. Sec. 3. All actions for damages arising under the provisions of this Act shall be tried and determined in the court having jurisdiction thereof, as in other cases made and provided. Sec. 4. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. Sec. 5. This Act shall take effect and be in force from and after thirty days after its approval. |
Damages. |
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Chap. LI.An Act to amend an Act entitled An Act to prohibit the carrying of concealed weapons by minors, approved March 4, 1881.
[Approved March 2, 1885.]
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 person under the age of twenty-one (21) years who shall wear or carry any dirk, pistol, sword in case, slung shot, or other dangerous or deadly weapon concealed upon his person, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty nor more than two hundred ($200) dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment. |
Minors not to carry concealed weapons.
Penalty. |
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Chap. LII.An Act for the relief of William C. Ross.
[Approved March 2, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Land Register is hereby authorized to enter into contract with William C. Ross, on land applied for by said William C. Ross, February twenty-eighth, eighteen hundred and eighty-one, and described as follows: Lots one, two and three, and the southwest quarter of the northeast quarter of section five, in township number eleven, north of range number twenty-six east. |
State Land Register to contract. |
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κ1885 Statutes of Nevada, Page 52κ
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Election to raise school tax to be called.
How called.
Election judges to be appointed. The ballot.
Tax when payable.
Proviso. |
Chap. LIII.An Act to amend an Act entitled an Act amendatory of an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 6, 1869.
[Approved March 2, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eleven of the above-entitled Act is hereby amended so as to read as follows: Section thirty-five. The Board of Trustees of any school district may, when in their judgment it is advisable, call an election and submit to the qualified electors of the district the question whether a tax shall be raised to furnish additional school facilities for said district, or to keep any school or schools in such district open for a longer period than the ordinary funds will allow, or for building an additional school house or houses or for any two or all of these purposes. Such election shall be called by posting notices in three of the most public places in the district for twenty days, and also if there be a newspaper in the county, by advertisement therein once a week for three weeks. Said notice shall contain the time and place of holding the election, the amount of money proposed to be raised, and the purpose or purposes for which it is intended to be used. The Trustees shall appoint three judges to conduct the election, and it shall be held in all other respects as nearly as practicable in conformity with the general election law. At such election the ballot shall contain the words, Tax-yes or Tax-no. If a majority of the votes cast are Tax-yes the officers of the election shall certify the fact to the County Commissioners, together with a statement of the amount of money proposed to be raised, who shall ascertain the necessary percentage on the property of said district as shown by the last assessment made thereof after equalization, to raise the amount of money voted, and shall add it to the next county tax to be collected on the property aforesaid; and the same shall be paid into the county treasury as a special deposit in favor of said school district, to be drawn in the same manner as other school moneys; provided, if in any school district the School Trustees shall certify to the County Commissioners that the State and county money to which any district is entitled is not sufficient to keep school open in such district up to the date when the State and county taxes shall become due, the tax provided for in this section shall be due and payable to the Assessor of such county in which the tax is levied, |
κ1885 Statutes of Nevada, Page 53 (CHAPTER 53)κ
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Assessor of such county in which the tax is levied, immediately after he shall make the assessment and demand for payment of the tax; provided, the owner of the property shall, if he deem the assessment too high, have the privilege of submitting the assessment to the Board of County Commissioners for equalization within ten days after demand made for payment of the tax, and the County Commissioners within five days after complaint made to them, shall meet and determine the correct valuation of the property assessed, and may change the same by adding to, or deducting from, the sum fixed either by the owner or Assessor, and upon notice to the owner of the result of their equalization, the tax shall be immediately payable to the Assessor, and if not paid shall become delinquent; and all taxes so assessed as in this Act provided, shall constitute a lien on the property charged therewith, from the date of the levy thereof by the County Commissioners, or entry thereof on the assessment roll by the County Auditor until the same are paid, and thereafter if allowed to become delinquent shall be enforced in the same manner as now provided by law for the collection of State and county taxes. Sec. 2. This Act shall take effect and be in force immediately after its passage. |
Equalization.
Taxes constitute a lien. |
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Chap. LIV.An Act to amend an Act entitled An Act concerning conveyances, approved November 5, 1861.
[Approved March 2, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixty-six of said Act is hereby amended so as to read as follows: Section sixty-six. No mortgage of personal property shall be valid for any purpose against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage shall be recorded in the office of the County Recorder of the county where the property is situated, and also in the county where the mortgageor resides. A mortgage upon personal property, including growing crops, executed, acknowledged and recorded, shall be valid against all third parties without such delivery of possession; provided, that no such mortgage shall be valid for any purpose as against other than the parties thereto, unless there be appended or annexed thereto the affidavits of the mortgageor and mortgagee, |
Validity of mortgage on personal property defined.
Growing crops. |
κ1885 Statutes of Nevada, Page 54 (CHAPTER 54)κ
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Affidavits of good faith required.
Copy of attachment to be served.
Possession of mortgaged property not to be taken except upon full payment of mortgagees claim.
Property may be sold subject to the rights of the mortgagee.
Mortgage on growing crops.
Mortgage void after one year except in certain cases. |
gageor and mortgagee, or some person in their behalf, setting forth that the mortgage is made in good faith and given for a debt actually owing from the mortgagee, stating the amount and character of such debt, and that the same is not made or received with intent to hinder, delay or defraud any creditor of the mortgageor. Any personal property mortgaged as aforesaid may be seized under attachment or execution, and the surplus over and above the mortgage-debt secured to any other creditor of the mortgageor, by serving upon the mortgageor and mortgagee, or, in his or their absence from the county, upon his or their agent or other person in charge or possession of such personal property, a copy of the attachment or execution, or, in case no such person can be found in the county in charge or possession thereof, then by filing a copy of the writ of attachment or execution in the office of the County Recorder of the county where such property is situate, with a notice indorsed thereon by the officer executing the same, to the effect that such property is so attached. But the possession of mortgaged personal property shall not be taken from the mortgageor or mortgagee, unless full payment of the mortgagees demand be first made, which, if done by the attaching or execution creditor of the mortgageor, shall entitle him to hold such personal property and the possession thereof under his levy for repayment to him of the amount so paid to the mortgagee, with interest as provided in the mortgage so paid, in addition to his own individual demand; and any officer executing any execution is hereby authorized to sell such property for the amount of such mortgage demand, in addition to the amount of the execution, and out of the proceeds of sale to first satisfy such mortgage demand. In case of such levy of attachment or execution upon such mortgaged personal property, when the amount of the mortgage demand is not paid to the mortgagee, the officer may expose such property for sale, and may sell the same subject to the rights of the mortgagee under the mortgage, and the purchaser shall take such property subject to such rights, and subject to the possession of the parties to the mortgage. The lien of a mortgage upon a growing crop shall continue until after the crop shall be harvested and threshed or baled, or otherwise prepared for market, and delivered to the mortgagee or his order; provided, that a chattel mortgage upon a growing crop may be executed as well before as after the crop is planted, and when executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crops when planted. Every mortgage so as aforesaid recorded shall be void against the creditors of the person or persons making the same, |
κ1885 Statutes of Nevada, Page 55 (CHAPTER 54)κ
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same, or against subsequent purchasers or mortgages in good faith, after the expiration of one year from the record thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, with statement verified by the oath of the mortgagee, his agent or attorney, such statement shall exhibit the interest of the mortgagee in the property last aforesaid, claimed by virtue of such mortgage, is recorded in the office where the original was recorded. Such copy, with such statement verified and recorded as aforesaid, shall be to all intents and purposes a mortgage to secure the balance actually due and owing the mortgagee for one year from the date of the verification thereof, the same as if it were an original mortgage. The several County Recorders of this State are hereby authorized and directed to procure for their respective offices, at the expense of the county, suitable books properly indexed for the recording of all chattel mortgages, which books shall be plainly labeled and marked Records of Chattel Mortgages. All chattel mortgages shall be recorded therein and such books shall at all times be open to the public for inspection. The Recorders of the several counties shall receive for recording chattel mortgages, and indexing the same, the same fees as are now allowed them for mortgages in real estate; provided, that no chattel mortgage shall be given or be valid for a less sum than two hundred and fifty dollars. |
County Recorders to keep suitable record books.
No chattel mortgage valid for less than $250. |
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Chap. LV.An Act to authorize the County Commissioners of White Pine county to issue Six Per Cent. Bonds to redeem the Ten Per Cent. Bonds of said county, and other purposes.
[Approved March 3, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of White Pine county are hereby authorized and empowered to issue bonds in the name of the county to the extent of seventy thousand ($70,000) dollars, or less, and to pledge the good faith and credit of said county for the payment of both principal and interest thereof, for the purpose of redeeming the outstanding Ten Per Cent. Bonds of White Pine county, issued under the provisions of an Act entitled An Act to consolidate and fund the indebtedness of White Pine county, approved March seventh, eighteen hundred and seventy-three, and for the purpose of paying the salaries of the county officers of White Pine county, whose term of office expired January fifth, eighteen hundred and eighty-five. |
Bonds to be issued in the name of the county. |
κ1885 Statutes of Nevada, Page 56 (CHAPTER 55)κ
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How prepared and signed.
Denomination of bonds.
Payable in gold coin.
Separate records to be kept.
County Commissioners authorized to negotiate sale of bonds. |
seventy-three, and for the purpose of paying the salaries of the county officers of White Pine county, whose term of office expired January fifth, eighteen hundred and eighty-five. Sec. 2. The County Commissioners shall cause said bonds to be prepared. They shall be signed by the Chairman of the board and countersigned by the County Auditor, indorsed by the County Treasurer and authenticated with the seal of the County Clerk. Coupons for interest shall be attached to each bond so that the coupon may be detached without injury to the bond. Said coupons shall be consecutively numbered, and express the amount of interest due at the respective periods hereinafter named, and shall be signed by the County Treasurer and County Auditor. Sec. 3. The bonds issued under the provisions of this Act shall be of the denomination of one hundred, three hundred and five hundred dollars each, and each and every bond purport in substance that the county of White Pine, State of Nevada, owes the holder thereof a sum to be expressed therein, bearing interest at the rate of six per cent. per annum from the first day of April A. D. one thousand eight hundred and eighty-five, said interest payable on the first day of July, eighteen hundred and eighty-six, and annually thereafter until said bonds are paid and liquidated. Said bonds shall be made payable in gold coin at the office of the County Treasurer of White Pine county on or before the first day of July, A. D. nineteen hundred and ten (1910). Sec. 4. It shall be the duty of the Auditor, Treasurer and County Clerk to each keep a separate record of all such bonds as may be issued in accordance with this Act, showing the number, date, denomination and amount, and to whom issued, together with the coupons that may be issued, and whenever any interest shall be paid upon any bond issued under the provisions of this Act, the County Treasurer, or his duly authorized agent, shall detach the coupon for the interest then due and paid, and deliver the same canceled to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. Sec. 5. The County Commissioners are hereby duly authorized to negotiate the sale of said bonds, or may select some agent or broker to negotiate the sale of said bonds and fix the compensation of said agent. The proceeds of the sale of said bonds shall be placed in the County Treasury in a fund to be designated The Ten Per Cent. Bond Redemption Fund, to be expended, first, for the purpose of paying the outstanding unpaid salaries of the county officers of White Pine county, whose term of office expired January fifth, eighteen hundred and eighty-five; |
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second, in the redemption of the outstanding Ten Per Cent. Bonds of White Pine county issued under the provisions of the Act referred to in section one of this Act, to be expended by said Board of County Commissioners as hereafter provided. Sec. 6. Whenever at any time there shall be in said redemption fund the sum of one thousand dollars or more, it shall be the duty of the County Treasurer to give twenty days notice by posting at the court-house door of said county, that sealed proposals, directed to him, will be received for the surrender of certificates of indebtedness on the Salary Fund, or Ten Per Cent. Bonds of said county, pursuant to the provisions of this Act, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said county thereafter. Sec. 7. The County Commissioners of White Pine county shall, as soon as practicable after the Six Per Cent. Bonds, specified in this Act, shall have been prepared, advertise in some newspaper, or notify by letter, the holders of the Ten Per Cent. Bonds, if their address be known, that they are prepared to take up said Ten Per Cent. Bonds by exchanging Six Per Cent. Bonds, setting forth briefly the provisions of this Act, and said board is hereby authorized to make such exchange at a rate not exceeding dollar for dollar of bonds and the interest accrued to date of such exchange. Sec. 8. On the first day of such regular meeting of said Board of County Commissioners, they, together with the Auditor and Treasurer, shall attend at the office of the latter and then and there open the sealed bids there received, and said board shall accept the lowest bid or bids, giving preference, when the bids are equally low, to the Salary Fund certificates of indebtedness; provided, that no bid for more than par value of said certificates, or par value of said Ten Per Cent. Bonds, with accrued interest, shall be accepted. The board may reject any or all bids that are offered, if they be for more than par, and order the County Treasurer to re-advertise. No bids shall be considered by the said board unless the same is accompanied by the certificates or bonds provided herein. Sec. 9. When any bid or bids are accepted, the County Clerk, Treasurer, and Auditor, shall each take a complete description of said certificates or bonds so redeemed, and record the same in separate books to be furnished by the Board of County Commissioners for such purpose. The record aforesaid kept by the Clerk shall be signed officially by the Chairman of the Board of County Commissioners. After having paid any accepted bid or bids, the County Treasurer shall cancel said certificates or bonds by writing across the face of the same in red ink purchased and redeemed, |
Manner of redemption of Ten Per Cent. Bonds
Six Per Cent Bonds to be exchanged for Ten Per Cent Bonds
Lowest bids to be accepted.
Proviso.
Complete description to be taken of redeemed bonds and certificates. |
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Six Per Cent Bonds may be given in payment of accrued interest.
Special tax to pay said bonds.
Sinking Fund to be created.
Redemption of Six Per Cent. Bonds provided for. |
County Treasurer shall cancel said certificates or bonds by writing across the face of the same in red ink purchased and redeemed, adding thereto the time when and the amount paid therefor, and sign the same officially, and turn the same over to the Auditor at the time of the regular settlement, taking a receipt therefor, as vouchers. Sec. 10. The County Commissioners, or their duly authorized agent, shall have full power to exchange said Six Per Cent. Bonds for certificates of indebtedness on the Salary Fund of White Pine county, or for Ten Per Cent. Bonds of eighteen hundred and seventy-three, referred to in section one of this Act; provided, that the Six (6) Per Cent. Bonds issued under the provisions of this Act shall be exchanged at their par; and provided, further, that the said Six Per Cent. Bonds may be given in payment of the accrued interest of said Ten Per Cent. Bonds. Sec. 11. In addition to the ordinary taxes for county purposes, the County Commissioners shall, for the year A. D. eighteen hundred and eighty-five, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully paid and liquidated as hereinafter provided, order and cause to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax of sufficient amount to furnish a sufficient amount of money to pay the interest on the said bonds at the time it is due, as specified in the coupons thereto attached. Sec. 12. After five years from the first day of January, A. D. eighteen hundred and eighty-five, the County Commissioners are directed to create a sinking fund, to be designated The Six Per Cent. Bond Sinking Fund. Into said fund shall be paid fifteen per centum of all county revenues collected in said county after the first day of January, eighteen hundred and ninety, which payment shall continue until the said Sinking Fund shall be sufficient for the payment of the principal and interest of said bonds, and when the same shall have been paid and liquidated the same shall cease, and all surplus thereafter remaining in the said Sinking Fund shall be paid into the General Fund of said county. Sec. 13. Whenever at any time there shall be in the said Six Per Cent. Bond Sinking Fund a sum of money amounting to one thousand dollars or upwards, the County Treasurer shall advertise in a newspaper having the largest circulation in said county, for a space of not less than twenty nor more than thirty days next preceding the first regular meeting of the Board of County Commissioners thereafter, that sealed proposals will be received by him for the redemption of Six (6) Per Cent. Bonds, issued under the provisions of this Act, the advertisement to specify the day, hour and place the sealed proposals will be opened. |
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provisions of this Act, the advertisement to specify the day, hour and place the sealed proposals will be opened. Sec. 14. At the time specified the Treasurer shall open the sealed proposals at his office, in the presence of the Chairman of the Board of County Commissioners and Auditor, and such other persons as may wish to be present. The bonds offered to be redeemed shall be carefully examined and compared with the Auditors and Treasurers record of issuance of said bonds, and if found to be genuine they may be accepted and paid. Preference shall be given to smaller amounts when bids are otherwise equal; provided, that no bid shall be accepted for more than the par value of such bonds. When any bonds issued under the provisions of this Act are either redeemed or paid, the County Treasurer shall cancel the same by writing or printing across the face of the same the words purchased or paid, as the case may be, and sign the same officially and deliver the same as soon as practicable to the County Auditor, taking his receipt for the same, whose duty it shall be to file the same in his office. Sec. 15. In case no bid or bids are offered, the County Treasurer shall advertise in the same manner as specified in section fourteen of this Act, for not less than twenty nor more than thirty days, for the surrender and payment of so many of the Six (6) Per Cent. Bonds as the amount of money in said Sinking Fund will pay in the regular order of their number and issuance, commencing with number one in the order of their number and date; and in the event the holder or holders of the bond or bonds first in order of payment under this section of this Act shall fail to present his or their bond or bonds at the office of the County Treasurer, or place designated by the Treasurer in his advertisement, at the time and place indicated in the last beforementioned advertisement, then in that case the said bond or bonds shall cease to draw interest from such date named in said advertisement, and the money so advertised shall remain in the treasury of said county until the bonds so advertised shall be presented, when they shall be redeemed at their par value with interest only to the date when they should have been presented in pursuance to said advertisement. The County Treasurer shall advertise from time to time, as provided in this Act, until the whole amount of bonds has been advertised and have ceased to draw interest, or the amount of money in said Bond Sinking Fund shall have been paid out in their redemption as heretofore provided; provided, further, that said bonds upon which interest shall have ceased in consequence of the holder or holders thereof having failed to present the same as above provided in this Act, then in that case said bonds shall be paid for and redeemed in the order of their date and number. |
Bonds offered for redemption to be carefully examined.
Treasurer to cancel.
If no bids be offered Treasurer to advertise again.
When bonds shall cease to draw interest.
Proviso. |
κ1885 Statutes of Nevada, Page 60 (CHAPTER 55)κ
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Act, then in that case said bonds shall be paid for and redeemed in the order of their date and number. Sec. 16. Any necessary expense incurred in carrying out the provisions of this Act shall be paid out of any cash found in the county treasury, except the State or School Fund. Sec. 17. This Act shall be in force and effect from and after its passage. |
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State to constitute one Judicial District. Three Judges to be elected. Shall hold office four years.
Power and jurisdiction of Judges.
Court always open. Salaries of Judges and how paid. |
Chap. LVI.An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and fix the places of holding courts.
[Approved March 4, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, A. D. one thousand eight hundred and eighty-seven, the State of Nevada shall constitute one Judicial District. Sec. 2. At the general election in the year A. D. one thousand eight hundred and eighty-six there shall be elected three Judges, who shall be the Judges of said district. Sec. 3. The District Judges shall be elected by the qualified electors of the State of Nevada, and shall hold office for the term of four years from and after the first Monday of January next succeeding their election. Sec. 4. The District Judges shall possess equal, co-extensive and concurrent jurisdiction and power. They shall each have power to hold court in any county of this State. They shall each exercise and perform the powers, duties and functions of the Court, and of Judges thereof, and of Judges at chambers. If the public business requires, each Judge may try causes and transact judicial business in the same county at the same time. Sec. 5. The District Court shall always be open for the transaction of business. Sec. 6. The District Judges shall each receive a salary of six thousand dollars a year, payable out of the treasuries of the several counties as follows: The county of Churchill shall pay four hundred dollars; the county of Douglas shall pay five hundred and twenty-five dollars; the county of Elko shall pay twenty-four hundred dollars; the county of Esmeralda shall pay nine hundred and fifty dollars; the county of Eureka shall pay twenty-four hundred dollars; the county of Humboldt shall pay two thousand dollars; |
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the county of Lander shall pay fourteen hundred dollars; the county of Lincoln shall pay four hundred and fifty dollars; the county of Lyon shall pay eleven hundred dollars; the county of Nye shall pay five hundred dollars; the county of Ormsby shall pay thirteen hundred dollars; the county of Storey shall pay twenty-seven hundred and fifty dollars; the county of Washoe shall pay twenty-five hundred dollars; the county of White Pine shall pay seven hundred dollars. The County Treasurers of the several counties shall pay into the State treasury on the first Monday in January of each year, commencing on the first Monday of January, A. D. one thousand eighty hundred and eighty-seven, and at the end of each three months thereafter, the amounts due or to become due to the District Judges for the preceding three months, and the State Treasurer shall set the same apart in a special fund to be known as the District Judges Salary Fund, and shall out of such special fund pay the salaries of the District Judges in monthly installments in the same manner as the salaries of Justices of the Supreme Court are paid. Sec. 7. In addition to the salary provided by section six of this Act, the several District Judges shall be entitled to receive the necessary expenses actually paid by them for traveling by public conveyance in going to and from the place of holding court, said expenses to be allowed and paid as other claims against the State, but in no case shall such expenses exceed the amount of four hundred and fifty dollars per annum for each of said Judges. Sec. 8. One of the District Judges shall reside, during his term of office, at Eureka, Eureka county, or at Austin, Lander county. One of the District Judges shall reside at Reno, Washoe county, or at Elko, Elko county, and one at Carson City, Ormsby county, or Virginia City, Storey county. Unless the Judges can otherwise agree, it shall be annually determined by lot which of them shall reside at the places designated in this Act. Sec. 9. The Judges of the District Court shall, as soon as practicable after their qualification, select one of their number for presiding Judge, who, in addition to the other duties provided by law, shall keep a record showing the business of the court. The presiding Judge shall have power to direct the District Judges to hold court in the several counties of the district as the public business may require; but one of the Judges shall be present, and court shall be held in each county at least once in every six months, and as often and as long as the business of the county requires. Sec. 10. Each District Judge shall have power to transact business which may be done in chambers at any point within the district. |
Traveling expenses to be paid.
Where the Judges shall reside.
A presiding Judge to be selected. |
κ1885 Statutes of Nevada, Page 62 (CHAPTER 56)κ
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Business in chambers. |
transact business which may be done in chambers at any point within the district. |
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Commissions allowed on certain tax collections.
To be paid into the General Fund of the several counties. |
Chap. LVII.An Act authorizing commissions on the collections from personal property tax, poll-tax and the tax on the proceeds of mines, and defining the manner in which said commissions shall be appropriated.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On all moneys collected from personal property tax, poll-tax, and the tax on the proceeds of mines, by the several County Assessors in this State, there shall be reserved and paid into the county treasury, for the benefit of the General Fund of their respective counties, by said County Assessors, the following percentage commissions: First, on the gross amount of collections from personal property tax, six per cent.; second, on the gross amount of collections from poll-tax, ten per cent.; third, on the gross amount of collections from the tax on the proceeds of mines, three per cent. |
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Assessor to prepare printed list of taxpayers.
How distributed.
Bills to be allowed. |
Chap. LVIII.An Act to provide for the publication of the names of taxpayers, and the total valuations upon which said taxpayers pay taxes, appearing in the assessment rolls in the respective counties of the State of Nevada.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Assessor in each of the respective counties of this State on or before the second Monday in September in each year to prepare a printed list of all the taxpayers in the county, and the total valuation of property on which they severally pay taxes. A copy of said list shall be by the said Assessor delivered in person or mailed to each and every taxpayer in the county; provided, that the cost of printing the aforesaid list shall not exceed twenty cents for each name for as many copies as there are names on the list. Sec. 2. The several Boards of County Commissioners in this State are authorized and empowered to allow the bill contracted by the Assessor under this Act, and the several County Auditors are authorized to draw their warrants in payment for the same. |
κ1885 Statutes of Nevada, Page 63 (CHAPTER 58)κ
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contracted by the Assessor under this Act, and the several County Auditors are authorized to draw their warrants in payment for the same. |
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Chap. LIX.An Act supplementary to An Act relating to elections, approved March 12, 1873.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That it shall be unlawful for any one to print or cause to be printed, to distribute or cause to be distributed, or to have in his possession with intent to use the same, prior to or at an election authorized by law, except as hereinafter provided, any ballot or ballots, upon which are printed any name or names other than the regular nominees of any one political party which shall in convention, or otherwise, nominate candidates for a part or all of the offices authorized to be filled at any election by the electors of this State; provided, nothing herein shall be construed to prevent any name or names of any candidate or candidates being erased on any ballot or ballots and any name or names being substituted therefor in writing, and the use of mixed ballots, when such ballots do not purport to be ballots of any one political party nominating candidates as aforesaid. Sec. 2. That any person or persons who shall violate any provisions of the foregoing section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than twenty-five dollars and not to exceed five hundred dollars, or shall be imprisoned in the county jail any time not to exceed six months, or shall be both fined and imprisoned as aforesaid. |
Certain tickets unlawful.
Violation of this law, how punished. |
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Chap. LX.An Act in relation to heating the Senate and Assembly Chambers.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Capitol Commissioners are hereby authorized and required, prior to the next regular session of the Legislature, to provide stoves for the Senate and Assembly Chambers, in place of the present heating apparatus. |
Legislative Chambers to be heated by stoves. |
κ1885 Statutes of Nevada, Page 64 (CHAPTER 60)κ
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Appropriation. |
and Assembly Chambers, in place of the present heating apparatus. Sec. 2. The sum of two hundred and fifty dollars is hereby appropriated out of any money in the General Fund not otherwise appropriated, to carry out the provisions of section one of this Act. |
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Law to provide furnace firemen repealed. |
Chap. LXI.An Act to repeal an Act entitled An Act to provide firemen for the furnaces of the Capitol building during the session of the Legislature, approved February 4, 1873.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act to provide firemen for the furnaces of the Capitol building during the session of the Legislature, approved February fourth, eighteen hundred and seventy-three, is hereby repealed. Sec. 2. This Act shall take effect and be in force on and after March sixth, eighteen hundred and eighty-five. |
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The taking of fish except by hook and line unlawful.
Violation of this law, how punished. |
Chap. LXII.An Act supplemental to an Act entitled An Act to provide for the preservation of fish in the waters of this State, approved March 5, 1877.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, firm, company, corporation or association, to take or catch any fish in the waters of this State with seine, traps, or gillnet, or in any other manner except by hook and line; provided, that seines may be used in taking fish for spawning, scientific or transplanting purposes. Sec. 2. Any violation of this Act shall be deemed a misdemeanor, and any person so offending shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. |
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Chap. LXIII.An Act to refund to Notaries Public, who were legislated out of office, the fees they have paid for their commissions.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, for the payment of Notaries Public who were legislated out of office by an Act entitled An Act forbidding certain county officers and their deputies from acting as Notaries, and to prevent Notaries from acting as such, in the offices of certain county officers, approved March seventh, eighteen hundred and eighty-three. Sec. 2. The State Board of Examiners are hereby authorized and directed to examine and allow to each Notary who was legislated out of office by the above Act, a sum which bears the same proportion to the total fee paid for his commission as the time he was denied the right to execute the functions of his office bears to the term of office allowed by law. |
The sum of $200 appropriated.
State Board of Examiners to allow claims. |
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Chap. LXIV.An Act to provide for the better preservation of public roads and highways.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons conducting water across any public road or highway, or across any street or alley in any unincorporated town in this State, for domestic, mining, agricultural or manufacturing purposes, are hereby required to construct and maintain, at their own expense, good and substantial culverts or bridges, as the case may be, over such crossings, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this State. Sec. 2. It is hereby made the duty of the Road Supervisor, in each and every road district of this State, and in case there be no regularly elected and qualified Road Supervisor, |
Persons conducting water across highways to construct and maintain bridges and culverts.
Duties of Road Supervisors. |
κ1885 Statutes of Nevada, Page 66 (CHAPTER 64)κ
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Duties of District Attorney.
Disposal of moneys collected. |
case there be no regularly elected and qualified Road Supervisor, then it is hereby made the duty of the Chairman of the Board of County Commissioners, to at once notify the party or parties violating the provisions of this Act to make such construction or repair as may be necessary, and if such persons shall refuse or neglect to make the same for a period of five days, then it shall be the duty of the Road Supervisor, or in case of his absence, the Chairman of the Board of County Commissioners, to immediately cause the necessary construction or repairs to be made, and to submit in duplicate to the Board of County Commissioners and to the District Attorney, itemized bills of the expense so incurred, which shall be allowed and paid as other bills against the Road Fund of the district in which said construction or repairs were made, and in case there be no moneys in the said fund, then out of any moneys in the General County Fund not otherwise appropriated. Sec. 3. It shall be the duty of the District Attorney receiving such bill of expense, as provided in section two of this Act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as set forth in the itemized bill of expense aforesaid, together with costs of suit. Sec. 4. All moneys so collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section two of this Act shall have been allowed and paid by the Board of County Commissioners. Sec. 5. All Acts and parts of Acts, in conflict with this Act, are hereby repealed. Sec. 6. This Act shall take effect and be in force on and after the first day of April, eighteen hundred and eighty-five. |
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Governor may appoint State Detectives. |
Chap. LXV.An Act to authorize the appointment of State Detectives.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the petition of five or more qualified electors of the State of Nevada and the execution of bonds as hereinafter provided, the Governor may appoint State Detectives for any term not exceeding two years, the appointment to be made in writing and signed by the Governor; provided, that at no time shall said Detectives exceed five in number. |
κ1885 Statutes of Nevada, Page 67 (CHAPTER 65)κ
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ernor; provided, that at no time shall said Detectives exceed five in number. Sec. 2. Each Detective appointed under this Act shall, before receiving his appointment, execute to the State of Nevada and deliver to the Governor, for the benefit of the State of Nevada and the persons who may become interested therein, a bond in the sum of five thousand ($5,000) dollars with sureties to be approved by the Governor, which bond shall be conditional for the faithful performance of the duties of the detective named therein and for the payment of any damages which may be sustained by any persons by reason of any malicious, unlawful arrest or imprisonment. Sec. 3. Any Detective appointed under this Act shall have the powers of a peace officer, and may arrest any person or persons accused or suspected of violating any of the criminal laws of this State; but when such arrest is made without a warrant the Detective making the same shall without unnecessary delay enter a charge against the person or persons so arrested before a magistrate having jurisdiction of the offense, and secure process for his detention, or release the defendant from custody. Sec. 4. It shall be the duty of any Detective arresting any person to deliver such person as soon as distance and circumstances will permit to the Sheriff of the county wherein the crime was committed or is triable; and, unless previously done, to make and enter a criminal complaint accusing such person of the crime for which the arrest was made. Sec. 5. The Governor may at any time revoke any appointments made by virtue of this Act, and make other appointments as hereinbefore provided. Sec. 6. No Detective appointed under this Act shall receive any fees or compensation from the State of Nevada, or any county of the State; but nothing herein shall deny such Detective the right to receive any reward offered for the apprehension of criminals. |
Detectives to give bonds.
Shall have power of a peace officer.
Duties of Detectives.
Governor may revoke appointments. Detectives to receive no fees from State or counties. |
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Chap. LXVI.An Act relating to trespass of swine, sheep and goats.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any swine, sheep, goat or goats to run at large, or the owner or owners, or any person or persons having in charge any swine, sheep, goat or goats to permit or allow them to run at large within the ordinary limits of any city or town of this State, during any period of the year. |
Unlawful for swine, goats or sheep to run at large in city or town limits. |
κ1885 Statutes of Nevada, Page 68 (CHAPTER 66)κ
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May be impounded.
Owners may be fined
Manner in which impounded animals may be sold.
Escheats |
goat or goats to permit or allow them to run at large within the ordinary limits of any city or town of this State, during any period of the year. Said ordinary limits shall be defined as follows: Within an incorporated city or town the limits shall be as defined in said incorporated clause or clauses; and within a town or city not incorporated in this State, the said ordinary limits shall be defined as follows: Within such city or town, which contains one hundred or more inhabitants, the said limits shall be defined as being within a radius of one mile, radiating from the postoffice of said city or town. Sec. 2. It shall be the duty of any Constable, and the privilege of any citizen of or in any town described in section one of this Act, to impound any swine, sheep, goat or goats. Sec. 3. The owner or owners, agent or agents, having jurisdiction over or charge of any swine, sheep, goat or goats shall be fined five dollars for each and every violation of this Act, and as much more as in the wisdom of the court having jurisdiction may deem a sufficient amount to cover all damages. Sec. 4. Any Constable, person or persons having in his charge, after they have been impounded, any swine, sheep, goat or goats, shall post a notice that such animal or animals are in his charge, and if not taken out by the owner will be sold. After the expiration of ten days the person having such animal or animals, and having given notice as aforesaid, shall post three written or printed notices in conspicuous places in the town or city where such animal or animals have been taken up, describing the same, giving all marks or brands, if any, and that such animal or animals will be sold by him to pay the charges that have and will have accrued against it, and costs. He shall sell to the highest bidder, and upon payment of the purchase money shall turn over to the buyer the animal or animals sold, and after deducting the damages and costs of sale, shall pay the balance, if any remains, into the county treasury, where is shall remain subject to the laws governing escheats. Sec. 5. Any and all Acts or parts of Acts conflicting with this Act in any manner, are hereby repealed. This Act shall take effect from and after its passage. |
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Chap. LXVII.An Act to amend an Act entitled An Act to amend sections one, three, four, five and twenty-two of an Act entitled An Act to provide for the government of the State Prison of the State of Nevada, approved March 7, 1873; approved February 8, 1877.
[Approved March 5, 1885.]
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. On the second Wednesday of each regular biennial session of the Legislature, the Senate and Assembly shall convene in the Assembly Chamber and by joint vote shall elect a Warden of the State Prison for the term of two years, and until his successor is duly elected. The Warden so elected shall be the chief executive officer of the prison, at a salary of two thousand dollars per annum, and shall reside at the prison. The Deputy Warden, in the absence of the Warden, shall perform all the duties of the Warden, shall reside at the prison and shall receive a salary of eighteen hundred dollars per annum. |
Warden to be elected on second Wednesday of session. |
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Chap. LXVIII.An Act to amend an Act entitled An Act providing for the licensing of traveling merchants, and merchants doing business through soliciting agents, commonly known as drummers, approved February 23, 1885.
[Approved March 5, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of said Act is hereby amended so as to read as follows: Section seven. Any officer who neglects or refuses to perform any duty imposed upon him by this Act, shall be guilty of a misdemeanor, and on conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment; and it is hereby made the duty of all grand juries to inquire into and make presentments of each and every offense under this section which shall come under or within their knowledge; |
Officer neglecting duty, how punished.
Duties of Grand Juries. |
κ1885 Statutes of Nevada, Page 70 (CHAPTER 68)κ
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Judges to give this section in charge to Grand Juries. |
this section which shall come under or within their knowledge; and it shall be and is hereby made the duty of all Judges in this State to give this section in charge to the grand juries at each term of their respective courts, and also to all trial juries impaneled for the trial of the offense mentioned in this section. |
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Appropriation for support of State Government. |
Chap. LXIX.An Act making appropriations for the support of the Civil Government of the State of Nevada for the twenty-first and twenty-second fiscal years.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the Government of the State of Nevada for the twenty-first and twenty-second fiscal years: Sec. 2. For salary of the Governor, ten thousand ($10,000) dollars. Sec. 3. For salary of the Governors Private Secretary, four thousand ($4,000) dollars. Sec. 4. For salary of Lieutenant-Governor, as ex-officio Adjutant-General and ex-officio State Librarian, five thousand four hundred ($5,400) dollars. Sec. 5. For salary of Secretary of State, six thousand ($6,000) dollars. Sec. 6. For salary of the Deputy Secretary of State, four thousand ($4,000) dollars. Sec. 7. For indexing Journals, and copying and indexing Statutes of the twelfth session of the Legislature, four hundred ($400) dollars. Sec. 8. For salary of the State Controller, six thousand ($6,000) dollars. Sec. 9. For salary of Deputy State Controller, four thousand ($4,000) dollars. Sec. 10. For prosecuting delinquents for infraction of revenue laws, and for enforcing the collection of the revenue, to be expended under the direction of the State Controller, five hundred ($500) dollars. Sec. 11. For salary of State Treasurer, six thousand ($6,000) dollars. Sec. 12. For salary of Deputy State Treasurer, four thousand ($4,000) dollars. Sec. 13. For salary of Surveyor-General and Land Register, six thousand ($6,000) dollars, payable out of the State School Fund. |
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Register, six thousand ($6,000) dollars, payable out of the State School Fund. Sec. 14. For salary of deputy in Surveyor-General and Land Registers office, four thousand ($4,000) dollars, payable out of the State School Fund. Sec. 15. For the purchase of township plats furnished from the United States Surveyor-Generals office; provided, that the price per plat shall not exceed six ($6) dollars, nineteen hundred ($1,900) dollars; and for the pay of draughtsman in the Land Registers office, two thousand ($2,000) dollars, payable out of the State School Fund. Sec. 16. For salary of Attorney-General, six thousand ($6,000) dollars. Sec. 17. For salary of the Superintendent of Public Instruction, four thousand ($4,000) dollars, payable out of the General School Fund; and he shall be allowed the further sum of five hundred ($500) dollars for traveling expenses, to be paid out of the same fund. Sec. 18. For 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, eight hundred ($800) dollars. Sec. 19. For expenses of Teachers Institute for the years eighteen hundred and eighty-five and eighteen hundred and eighty-six, two hundred ($200) dollars. Sec. 20. For salaries of Justices of the Supreme Court, thirty-eight thousand ($38,000) dollars. Sec. 21. For salary of the Clerk of the Supreme Court, four thousand eight hundred ($4,800) dollars. Sec. 22. For salary of the Clerk of the State Library from January fifth to March fifth, eighteen hundred and eighty-five, two hundred ($200) dollars. Sec. 23. For salary of Baliff of Supreme Court, six hundred ($600) dollars. Sec. 24. For preparation of Nevada Reports for publication, fourteen hundred ($1,400) dollars. Sec. 25. For the necessary expenses of the Fish Commissioner in procuring and distributing the ova or spawn of fish, in the employment of fish breeders and in the carrying out the provisions of an Act entitled An Act to provide for the preservation of fish in the waters of this State, one thousand ($1,000) dollars. Sec. 26. For the payment of rewards offered by the Governor, two thousand ($2,000) dollars. Sec. 27. For carrying on the manufacture of boots and shoes at the State Prison, fifty thousand ($50,000) dollars. Sec. 28. For the support of the Nevada State Prison, including the salaries of Warden and Deputy Warden, eighty-five thousand ($85,000) dollars. |
Appropriation for support of State Government. |
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Appropriation for support of State Government. |
Sec. 29. For the transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners, eighty-five thousand ($85,000) dollars. Sec. 30. For the support and education of the deaf, dumb and blind and their transportation to and from the Institution, to be expended under the direction of the Board of Commissioners for the Insane, fifteen hundred ($1,500) dollars. Sec. 31. For supporting and conducting the State Orphans Home, to be expended under the direction of the Board of Directors, twenty-five thousand ($25,000) dollars. Sec. 32. For salary of Superintendent of State Printing, four thousand ($4,000) dollars. Sec. 33. For support of State Printing Office, stationery and other matters relating thereto, twelve thousand ($12,000) dollars. Sec. 34. For official advertising and book binding, including Supreme Court Reports, twenty-five hundred ($2,500) dollars. Sec. 35. For printing the Nevada Reports, fifteen hundred ($1,500) dollars. Sec. 36. The following sums of money are hereby appropriated for the purpose herein named, to be expended under the direction of the Board of Capitol Commissioners, hereby created, to consist of the Lieutenant-Governor, State Controller and Attorney-General: For furnishing fuel, lights, repairing legislative halls and repairing furniture for the thirteenth session of the State Legislature, one thousand ($1,000) dollars; for stationery, fuel and lights for State offices and the State Capitol building, four thousand ($4,000) dollars; for insurance on State Library and Capitol building, two thousand ($2,000) dollars, to be expended only in case that such insurance can be effected for three years upon a valuation of one hundred and twenty-five thousand ($125,000) dollars, by the payment of two years premium, and within the limits of this appropriation; for current expense appropriation, to defray the telegraphic, postal and contingent expenses of the State officers, Supreme Court and State Library, for transportation of books and documents, storage and transportation of State property, six thousand ($6,000) dollars; for improving and keeping up the Capitol grounds and water works, twenty-four hundred ($2,400) dollars; for salaries of two porters and one night watchman for the State Capitol, six thousand ($6,000) dollars; for repairing and preserving the Capitol building, five hundred ($500) dollars. Sec. 37. The various State officers to whom appropriations, other than salaries, are made, under the provisions of this Act, |
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this Act, shall, with their biennial reports, submit a detailed and itemized statement, under oath, of the manner in which all expenditures for their respective departments, other than the payment of salaries, as aforesaid, have been expended, and that all such expenses were actually and necessarily incurred; provided, that no officer shall use or appropriate any money, for any purpose whatsoever, unless authorized to do so specifically by law. Sec. 38. For salary of Attorney at Washington to attend to and represent the land interest of the State before the Departments, to be paid out of the State School Fund, two thousand ($2,000) dollars. Said Attorney to be appointed by the Governor. Sec. 39. For the salary of the Principal of the State University, thirty-five hundred ($3,500) dollars; for the salary of the Assayer and Mining Engineer of State University, thirty-five hundred ($3,500) dollars; for traveling expenses of the Board of Regents, one thousand ($1,000) dollars; for incidental expenses, repairs to University buildings, pay of water and improving grounds, and for insurance, twelve hundred ($1,200) dollars; for incidental expenses in Assayers Department of State University, six hundred ($600) dollars; for appropriation for library at State University, five hundred ($500) dollars. All of the appropriations made for the support of the State University shall be paid out of the accumulated interest in the University Fund. Sec. 40. Nothing herein contained shall be so construed as to apply to any appropriation that may hereafter be made specifically by law. |
Appropriation for support of State Government. |
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Chap. LXX.An Act to provide for the proper care of live stock by transportation companies.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No company operating any railroad in this State shall, in carrying and transporting any cattle, sheep or hogs in car-load lots, confine the same in cars for a longer period than thirty-six consecutive hours without unloading for rest, water and feeding, for a period of at least ten consecutive hours. In estimating such time of confinement the period in which the animals have been confined without such rest on connecting roads shall be computed. |
Duties of railroad companies in transporting live stock. |
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May charge expense of feeding stock to owners in certain cases. |
Sec. 2. In case the owner or person in charge of such animals refuse or neglect to pay for the feed and care of the animals so rested, the railroad company may charge the expense thereof to the owner or consignee, and retain a lein upon the animals until the same is paid. This Act shall take effect and be in force from and after its approval. |
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Commissioners of Washoe county to issue bonds. Conditions of and manner in which said bonds shall be issued. When payable.
Rate of interest.
Denominations of bonds.
Bonds may be negotiated and sold. |
Chap. LXXI.An Act to authorize the issuance of certain bonds by Washoe county, and to provide for the payment of the same.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Washoe county, State of Nevada, are hereby authorized and directed to issue bonds of said county as follows: Sec. 2. Upon the location of the State University in the town of Reno, said Washoe county, and the commencement of the buildings for the use thereof authorized to be constructed at this session of the Legislature, said Board of Commissioners shall cause to be issued the bonds of said county to the full amount of twenty-five thousand dollars, which bonds shall be drawn and made payable as follows: One of said bonds shall be made payable each succeeding year from and after the date thereof, at the office of the County Treasurer of said county, to bear interest at the rate of six per cent. per annum, from their date until paid; said interest to be payable semi-annually at said county treasury. Sec. 3. Said bonds shall each be for the sum of one thousand dollars, gold coin, be payable to bearer, and have attached thereto interest coupons representing the several installments of interests to fall due thereon. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the Board of County Commissioners of said Washoe county, and the bonds shall bear the seal of said Washoe county. Sec. 4. The bonds herein provided for when so issued may be negotiated and sold by said Board of County Commissioners for not less than the principal sum named in said bonds. The proceeds of such sales shall be disposed of as follows: Twenty thousand dollars thereof shall be paid into the county treasury of Elko county, State of Nevada, to be distributed among the several funds as said board may determine, |
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determine, and five thousand dollars of the proceeds of said bonds shall be paid to the Regents of the State University of this State, to be and [used] in building suitable structures for the use of said University at Reno, and in procuring a proper site, as herein provided, upon the location of said University thereat. Sec. 5. For the purpose of providing for the providing for the payment of the principal and interest upon said bonds as the same fall due, the Board of County Commissioners of said Washoe county at each successive annual levy of State and county taxes by them after the issuance of said bonds, until the same are fully paid, are hereby authorized and directed to levy upon all taxable property within the town limits of said town of Reno, as now established, a tax not exceeding one quarter of one per cent. in addition to all other lawful taxes, sufficient to pay one years interest on all outstanding bonds issued hereunder, and the bond that matures during such tax year. The taxes so levied shall be assessed and collected in same manner as other county taxes are required to be assessed and collected, and all moneys arising therefrom shall be paid into the county treasury of said Washoe county, and be set apart as a fund for the payment of the principal and interest of said bonds [to] be called University Bond Redemption Fund. No bond issued hereunder shall bear interest after maturity unless payment shall be demanded and default be made. |
How proceeds may be disposed of.
Provision for payment of bonds and interest.
Property to be taxed.
Taxes, how assessed and collected. |
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Chap. LXXII.An Act to amend an Act entitled An Act to locate the State University, and to provide for the control and maintenance of the same, approved March 7, 1873.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. The State University, as described in section four of article eleven of the Constitution of this State, is hereby located at the town of Reno, Washoe county, State of Nevada; provided, that the Central Pacific Railroad Company shall deed and convey to Elko county, State of Nevada, the premises now occupied and used as such University at the town of Elko, Nevada; and further provided, that the Board of Commissioners of Washoe county shall pay into the treasury of Elko county the sum of twenty thousand dollars, as required by law authorizing Washoe county to issue certain bonds for such purpose, and that no removal of the University shall take place until such payment is made. |
State University located at Reno. Proviso.
Proviso. |
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Payment of $5,000 to Board of Regents.
Site to be purchased.
Buildings to be constructed.
At least one teacher to be employed.
Salary, how paid.
The sum of $10,000 appropriated. |
thousand dollars, as required by law authorizing Washoe county to issue certain bonds for such purpose, and that no removal of the University shall take place until such payment is made. Sec. 2. Upon the payment by the citizens or County Commissioners of said Washoe county to the Board of Regents of said University, within six months after the passage of this Act, of five thousand dollars, to be applied to the construction of suitable buildings for said University at Reno, the Board of Regents are hereby authorized and directed to purchase a suitable site in or adjacent to said Reno, of not less than ten acres in extent, for the construction of buildings for the use of said University, and within six months after the payment of said five thousand dollars, to construct or cause to be constructed on said site, buildings suitable for the Preparatory Department of said University, calculated to accommodate at least one hundred pupils, at an estimated cost of not more than twenty thousand dollars. Sec. 3. Section two of said Act is hereby amended so as to read as follows: Section two. The Board of Regents shall employ at least one duly qualified teacher, at an annual salary not exceeding twenty-four hundred dollars. Said teacher shall serve as Principal of the Preparatory Department of the University, and said Regents are hereby authorized to draw their order upon the State Controller quarterly for the payment of his salary, and the Controller shall draw his warrant upon the Treasurer, who shall pay the same out of any moneys to the credit of the Contingent University Fund hereinafter created. Sec. 4. The sum of ten thousand dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated to enable the Board of Regents to purchase said site and construct and finish said building, and furnish the same where necessary; and the same is hereby appropriated and set apart for said purposes, and the five thousand dollars so paid said Regents, as contemplated by section two of this Act, shall be used and applied by said Regents in common with said ten thousand dollars and to the same purposes. |
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Chap. LXXIII.An Act authorizing the taxation of dogs.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person or persons owning or having under their charge or control any dog or dogs shall pay annually a tax on each dog the sum of one dollar. Sec. 2. The manner of assessing and collecting the tax imposed by section one of this Act shall be the same as provided by law for assessing and collecting the taxes on personal property, and the tax collected shall be paid into the General Fund. |
Dogs to be taxed.
Assessing and collecting tax. |
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Chap. LXXIV.An Act to provide for the management and control of the State Agricultural Society by the State.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Agricultural Society is hereby declared to be a State institution. Sec. 2. Within ten days after the passage of this Act the Governor shall appoint twelve resident citizens of the State, who shall, when organized, constitute a State Board of Agriculture, who shall, except as hereinafter provided, hold office for the term of four years, and until their successors are appointed and qualified. Vacancies occurring from any cause in the board shall be filled by appointment of the Governor for the unexpired term of the office vacated. Sec. 3. Within ten days after their appointment, the persons so appointed shall qualify as required by the Constitution, and shall meet at the office of the State Agricultural Society, and organize by the election of one of their number as President of the board and said Society, who shall hold said office of President for the term of one year, and until his successor is elected and qualified. The board shall also elect a Secretary and Treasurer, not of their number, who shall each hold office at the discretion of the board. Sec. 4. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of three members each. The terms of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second year; of the third class, of the third year; of the fourth class, at the end of the full term of four years. |
Declaration
Governor to appoint twelve resident citizens to constitute State Board of Agriculture
Persons appointed shall qualify and organize.
Shall classify themselves. |
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Fiscal year.
Board to have exclusive management of State Agricultural Society.
Power to appoint marshals and police.
Shall collect and disseminate information
Reports to be printed and distributed.
Shall receive reports of County and District Associations. |
the second class, of the second year; of the third class, of the third year; of the fourth class, at the end of the full term of four years. The fiscal year shall be from the first of February to the first of February. Sec. 5. The State Board of Agriculture shall be charged with the exclusive management and control of the State Agricultural Society as a State institution; shall have possession and care of its property, and be intrusted with the direction of its entire business and financial affairs. They shall define the duties of the Secretary and Treasurer, fix their bonds and compensation, and shall have power to make all necessary changes in the constitution and rules of the Society to adapt the same to the provisions of this Act, and to the management of the Society, its meetings and exhibitions. They shall provide for an annual fair or exhibition by the Society of all the industries and industrial products of the State at the city of Reno; provided, that in no event shall the State be liable for any premium awarded or debt created by said Board of Agriculture. Sec. 6. The board shall have power to appoint all necessary marshals and police to keep order and preserve peace at the annual fairs of the Society, and the officers so appointed shall be vested with the same authority for the preservation of order and peace, on the grounds and in the buildings of the Society, that executive peace officers are vested with by law. Sec. 7. Said board shall use all suitable means to collect and disseminate all kinds of information calculated to educate and benefit the industrial classes, develop the resources, and advance the material interests of the State, and shall, on or before the first day of February of each year, report to the Governor a full and detailed account of their transactions, statistics, and information gained, and also a full financial statement of all funds received and disbursed. They shall also make such suggestions and recommendations as experience and good policy may dictate for the improvement and advancement of the agricultural and kindred industries. Sec. 8. The Superintendent of State Printing shall, each year, print and bind four hundred volumes of said transactions, and deliver the same to said Board of Agriculture for distribution and exchange. He shall also do such job printing as said board may require to carry out the provisions of this Act. Sec. 9. The Directors or Board of Managers of each County and District Agricultural Society or Association, and of County, District or State Horticultural and Stock-breeding Association or Society, organized and acting under the laws of this State, shall report annually, on or before the first day of April, |
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first day of April, to the State Board of Agriculture, the name and postoffice address of each officer of such society or association; and, on or before the first day of December, shall report to the Board of Agriculture the transactions of said Society, including the premiums offered, the list of stock and articles exhibited, and the premiums paid, the amount of receipts and expenditures for the year, the new industries inaugurated, and any and all facts and statistics showing the development and extent of the industries, products and resources of the county or district embraced within the management of such society or association; provided, that the provisions of this Act shall not apply to any Board of Commissioners or other body organized under the laws of this State, the object of which is to promote vinicultural industries, unless such board or body shall voluntarily request the privilege of making such reports as are called for by this Act, in which case this board or body shall enjoy equal privileges as are accorded to other institutions devoted to agriculture. Sec. 10. To facilitate such reports the State Board of Agriculture shall have prepared and shall furnish such societies with necessary schedules and blanks for such reports; and such State Board shall include such reports from societies and associations, or so much thereof as they may deem advisable, in their report to the Governor. Sec. 11. When said State Board of Agriculture shall have been organized and classified as provided herein, the Secretary of the board shall report such organization and classification to the Governor. He shall also report any vacancy that may occur in said board at any time. Sec. 12. All laws and parts of laws in conflict with this Act are hereby repealed. Sec. 13. This Act shall take effect and be in force from and after its passage. |
Proviso.
Blanks to be furnished.
Secretary to report. |
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Chap. LXXV.An Act to form agricultural districts, to provide for the organization of agricultural associations therein, and for the management and control of the same by the State.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county of Ormsby shall constitute Agricultural District Number One; the county of Esmeralda shall constitute Agricultural District Number Two; the county of Humboldt shall constitute Agricultural District Number Three; the county of Elko shall constitute Agricultural District Number Four; the county of Lyon shall constitute Agricultural District Number Five. |
Agricultural Districts established. |
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Associations may be formed.
Officers.
Governor to appoint Directors.
How organized.
Classification.
Fiscal year. |
county of Humboldt shall constitute Agricultural District Number Three; the county of Elko shall constitute Agricultural District Number Four; the county of Lyon shall constitute Agricultural District Number Five. Sec. 2. Any fifty or more persons representing a majority of the counties within any one of the districts above constituted, may form an association for the improvement of the material industries within such district, and when so formed the association shall be known and designated by the name of Agricultural Association, and by such name and style shall have perpetual succession, and shall have power and authority to contract and be contracted with, to sue and be sued, to have and use a common seal, to purchase and hold and lease real estate, with such buildings and improvements as may be erected thereon, and may sell and lease and dispose of the same at pleasure. The said real estate shall be used by such association for the purposes of holding exhibitions of horses, cattle, and other stock, of the agricultural, horticultural, viticultural, mechanical, manufacturing, and domestic products of such district, with a view to the improvement of all the industries in the same. Sec. 3. The officers of such association shall consist of eight Directors, who shall constitute a District Board of Agriculture for District Number , a President, who shall be one of their number, and a Secretary and Treasurer, not of their number. Sec. 4. Within ten days after the formation of an agricultural association within any of the districts above constituted, in accordance with the provisions of this Act, and notice of such formation to the Governor, the Governor shall appoint eight resident citizens of such districts as members of a District Board of Agriculture for said district, whose term of office shall be four years, except as hereinafter provided. Sec. 5. Within ten days after their appointment, the persons so appointed shall meet at a place within the district and organize by the election of one of their number as President of the Board and Association, who shall hold said office of President one year and until his successor is elected; they shall also elect a Secretary and Treasurer. Sec. 6. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second fiscal year; of the third class, of the third fiscal year; and of the fourth class, at the end of the full term of four years. The fiscal year shall be from December first to December first. |
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Sec. 7. Each association so formed and organized is hereby declared and shall be recognized a State institution, and the board so appointed and qualified shall have the exclusive control and management of such institution for and in the name of the State, and shall have the possession and care of all the property of the association, and shall fix the terms of office and the bonds of the Secretary and Treasurer, and determine their salaries and duties. They shall have power to make all necessary by-laws, rules and regulations for the government of the association and the management of its prudential and financial afiairs. They shall provide for an annual fair or exhibition by the association of all the industries and industrial products in the district, at such time and place as they may deem advisable; provided, that no district fair shall be held in any of the districts at the same time of the State fair; and, provided further, that the State shall in no event be liable for any premium offered, or award, or for any debt contracted by any District Board of Agriculture or Agricultural Association. Sec. 8. When any District Board of Agricultural shall have been classified and organized as herein provided, the Secretary of the board shall report such classification and organization to the State Board of Agriculture; he shall also report the same to the Governor, and shall report any vacancy that may occur in the board to the Governor, who shall fill the same by appointment for the unexpired term. Sec. 9. All laws and parts of laws in conflict with this Act are hereby repealed. |
Recognition as a State Institution.
No district fair to be held at the same time of State fair.
Secretary to report to Governor. |
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Chap. LXXVI.An Act to amend an Act entitled An Act concerning sureties on official bonds, approved January 31, 1883.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section two. When the official bond of any State, county or township officer becomes insufficient by reason of the insolvency of any of the sureties thereon, or from any cause whatever, so that the same shall not contain at least two good and sufficient sureties for the whole penal sum named in the bond, and any liability occurs or becomes fixed by reason of the defalcation, omission, neglect, misconduct, or by any act of the officer who is the principal in such bond, |
Sureties on official bonds, how may be released. |
κ1885 Statutes of Nevada, Page 82 (CHAPTER 76)κ
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Ratable proportion, how may be obtained.
Proviso. |
such bond, then and in every such case, any surety or sureties, upon the payment of his or their ratable proportion of the liability on such bond, shall be released from all further liability thereon, so far as any loss to the State or county wherein such officer held office is concerned. Such ratable proportion shall be ascertained by considering all and each of the sureties on such bond as solvent, liable, and able to contribute his or their proportions of the whole amount of liability incurred on such bond. The State Board of Examiners, in the case of State officers, or the Boards of County Commissioners of the several counties of this State, in the case of county officers, are hereby authorized and required, in such cases, to make settlement with any or all such sureties who propose to pay and do pay their ratable proportions, as herein provided for, of the liability accrued on such bond. Any surety or sureties neglecting or refusing to pay such ratable proportion, or defending an action for the recovery of any liability on any official bond, shall be subject to such prosecution, judgments and penalties as are now provided for by law; provided, that no judgment shall be rendered against such surety or sureties, for an amount above his or their pro rata liability on such bond, and costs of suit. |
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D. E. Baily and John D. Hammond authorized to make compilation |
Chap. LXXVII.An Act to provide for the compiling of the laws of the State of Nevada.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the compilation, arranging and filing with the Clerk of the Supreme Court of this State by David E. Bailey and John D. Hammond, on or before the thirtieth day of September, eighteen hundred and eighty-five, of a thoroughly compiled and annotated copy of the laws of the State of Nevada, as the same shall exist and be in force on the thirty-first day of March, eighteen hundred and eighty-five, setting forth and containing all the laws of this State of general and public interest, together with the Constitution of the State of Nevada, and the laws of Congress in regard to naturalization, and the various Acts of Congress relating to the grants of land by the United States to the State of Nevada, with brief annotations or references to all the decisions of the Supreme Court of this State, construing any and all laws of this State in force on the said thirty-first day of March aforesaid (said compilation shall have a full and complete table of contents), the said Clerk of the Supreme Court shall at once lay the same before the Justices of the Supreme Court, or a majority thereof, for their examination and approval. |
κ1885 Statutes of Nevada, Page 83 (CHAPTER 77)κ
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full and complete table of contents), the said Clerk of the Supreme Court shall at once lay the same before the Justices of the Supreme Court, or a majority thereof, for their examination and approval. The said Justices, or a majority of them, as soon as practicable, shall examine said work and shall approve or disapprove the same, or shall order such changes made therein as they, or a majority of them, may deem advisable. When approved by them, or a majority of them, the Justices shall direct said Clerk to certify their approval of said work, and deliver such certificate to the said David E. Baily and John D. Hammond. Sec. 2. Upon the presentation of said certificate, the State Controller is hereby authorized, directed and required to draw his warrant upon the State Treasurer for the sum of two thousand ($2,000) dollars, payable out of any funds in the State treasury not otherwise specifically appropriated, and deliver said warrant to said David E. Bailey and John D. Hammond. The State Treasurer is hereby directed and required to pay said warrant to said David E. Baily and John D. Hammond. The State Treasurer is hereby directed and required to pay said warrant upon presentation thereof out of the moneys hereinafter appropriated. Sec. 3. After making the certificate aforesaid, the Clerk of the Surpreme Court shall deliver said compilation to the Secretary of State, who shall immediately deliver the same to the State Printer, who shall proceed forthwith to print the same. Sec. 4. The State Printer shall furnish suitable proof sheets to the said David E. Baily and John D. Hammond, and the said Baily and Hammond shall carefully examine and correct the same. They shall also make full and comprehensive marginal notes and headings for each section, together with a full, complete and accurate index to said compilation. Said index shall not be made from the marginal notes and headings alone, but shall be from the subject matter treated of in each section. In all respects it shall be full, comprehensive and complete, and to the approval of the Justices of the Supreme Court, or a majority thereof. When such marginal notes and index are fully completed, the said Justices, or a majority thereof, shall examine and approve or disapprove the same, or shall order such changes made therein as they, or a majority of them, shall deem advisable. Sec. 5. When the said Justices, or a majority of them, shall approve said index and marginal notes, they shall direct said Clerk to certify their approval of the same, and deliver such certificate to the said David E. Baily and John D. Hammond. Upon the presentation of said last-named certificate to the State Controller he is hereby authorized, directed and required to draw his warrant upon the State Treasurer for the further sum of five hundred ($500) dollars, payable out of any funds in the State treasury not otherwise specially appropriated, and deliver said warrant to said David E. |
Subject to approval of Supreme Court.
Controller to draw warrant for $2,000 on presentation of certificate of approval.
Compilalation to be printed.
Proof sheets to be furnished.
Marginal notes and index. |
κ1885 Statutes of Nevada, Page 84 (CHAPTER 77)κ
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Appropriating $2,500.
State officers to afford aid and information.
State Printer, duties of
Secretary of State,duties of.
Price of compilation
Certificate by Secretary of State. |
($500) dollars, payable out of any funds in the State treasury not otherwise specially appropriated, and deliver said warrant to said David E. Baily and John D. Hammond. The State Treasurer is hereby directed and required to pay the said warrant upon presentation thereof. The sum of two thousand five hundred ($2,500) dollars is hereby appropriated to pay the warrants mentioned in this Act. The payments of said warrants to said David E. Baily and John D. Hammond shall be full payment and compensation to said Baily and Hammond for their services so to be rendered as aforesaid. Sec. 6. The Librarian of the State Library, Secretary of State and other State officers shall afford to the said David E. Baily and John D. Hammond all reasonable information, aid, means and facilities for the purpose of enabling them, the said Baily and Hammond, to prosecute and complete the work aforesaid with all reasonable dispatch. Sec. 7. Upon receiving said compilation the State Printer shall at once, in as expeditious and economical a manner as practicable, proceed to print, in good style, and to the approval of said Justices, or a majority of them-using long primer type and good book paper-fifteen hundred copies of said compilation, and shall have seven hundred and fifty copies bound, in a good and workmanlike manner, in law sheep, in either one or two volumes, as the said Justices, or a majority of them, may direct, and deliver them to the Secretary of State. Sec. 8. The Secretary of State shall deliver one bound copy to each of the persons, libraries and associations now entitled to receive the laws of the State of Nevada as published biennially, said copies to be delivered subject to the rules and restrictions now governing the distribution of the Statutes of this State. He shall deliver ten copies to the State Librarian of the State, for the use of the State, and the remainder of said bound volumes he shall sell as they may be called for at a price not less than ten dollars per volume, if bound in one volume, or at a price not less than twelve dollars per set, if bound in two volumes, and he shall pay all moneys received from such sales into the State treasury. The remaining unbound sheets shall be bound in lots of not less than one hundred copies, as they may be required. Sec. 9. Upon the delivery of said compilation ready for printing to the Secretary of State, he shall duly certify the same under the Great Seal of the State of Nevada, and when printed and distributed, the said compilation, as printed, shall be legal evidence of the law therein contained in all the courts of this State, but shall not preclude reference to, or control, in case of any difference, the force or effect of any original Act as passed by the Legislature of this State. |
κ1885 Statutes of Nevada, Page 85 (CHAPTER 77)κ
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effect of any original Act as passed by the Legislature of this State. |
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Chap. LXXVIII.An Act making an additional appropriation for printing during the twenty-first and twenty-second fiscal years.
[Approved March 7, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand dollars is hereby appropriated out of any money in the State treasury, not otherwise appropriated, to pay the expense to be incurred in printing the laws of the State of Nevada. |
Appropriating $5,000. |
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Chap. LXXIX.An Act regulating the compensations of county officers in the several counties of this State, and other matters relating thereto.
[Approved March 11, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following named officers of the several counties in this State shall receive the following compensations, which shall be in full for all services and all ex-officio services required by law. Sec. 2. The Sheriff of Washoe county shall receive thirty-six hundred dollars per annum as the total compensation of said Sheriff, Deputy Sheriffs and Jailer; provided, said Sheriff shall be paid his actual necessary expenses incurred in traveling on official business, to be allowed and paid as other claims against the county are allowed and paid; the County Clerk shall receive twenty-four hundred dollars per annum; the County Recorder and ex-officio Auditor shall receive eighteen hundred dollars per annum for the years eighteen hundred and eighty-five and eighteen hundred and eighty-six, but on and after January first, eighteen hundred and eighty-seven, the County Clerk and Recorder shall each receive eighteen hundred dollars per annum; the Treasurer shall receive eighteen hundred dollars per annum; the Superintendent of Schools shall receive four hundred dollars per annum; the District Attorney shall receive fifteen hundred dollars per annum, which shall be full compensation for all services; the Commissioners shall each receive six hundred dollars per annum; the Assessor shall receive eighteen hundred dollars per annum. |
County officers compensation.
Washoe county.
AfterJan. 1, 1887. |
κ1885 Statutes of Nevada, Page 86 (CHAPTER 79)κ
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White Pine county.
Nye county.
Elko county |
shall be full compensation for all services; the Commissioners shall each receive six hundred dollars per annum; the Assessor shall receive eighteen hundred dollars per annum. Sec. 3. The Sheriff of White Pine county shall receive, as compensation for the Sheriff and his deputies, such fees as are allowed under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March sixth, eighteen hundred and seventy-five; the Clerk shall receive the fees allowed under provisions of an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five, and such other compensation as is allowed by law; the Recorder and ex-officio Auditor shall receive the fees allowed by the Act last aforesaid, and such other compensation as is allowed by law; the Treasurer shall receive one thousand dollars per annum and such other percentage as is now allowed by law; the Assessor shall receive twenty-four hundred dollars per annum; the Superintendent of Schools shall receive such compensation as is now allowed by law; the District Attorney shall receive one thousand dollars per annum and such other fees as is now allowed by law; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. Sec. 4. The Sheriff of Nye county shall receive such fees as are allowed under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March sixth, eighteen hundred and seventy-five; the Deputy Sheriff, as Jailer, shall receive twelve hundred dollars per annum; the County Clerk and the Recorder and ex-officio Auditor shall receive such fees as are allowed in the Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is allowed by law; the Treasurer shall receive twelve hundred dollars per annum; the Assessor shall receive sixteen hundred dollars per annum; the District Attorney shall receive twelve hundred dollars per annum; the Superintendent of Schools shall receive three hundred dollars per annum; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed be law. Sec. 5. The Sheriff of Elko county shall receive such fees as are allowed under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, approved February twenty-seventh, eighteen hundred and eighty-three; the Recorder as ex-officio Auditor shall receive such fees as are allowed in said Act, and such other compensation as is allowed by law; |
κ1885 Statutes of Nevada, Page 87 (CHAPTER 79)κ
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law; the Deputy Sheriff shall receive a salary of fifteen hundred dollars per annum; the County Clerk shall receive a salary of eighteen hundred dollars per annum; the Treasurer shall receive twenty-four hundred dollars per annum; the Assessor shall receive three thousand dollars per annum; the District Attorney shall receive two thousand dollars per annum; the Superintendent of Schools shall receive six hundred dollars per annum; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. Sec. 6. The Sheriff of Ormsby county shall receive three thousand dollars per annum as full compensation for his services; the Deputy Sheriff shall receive twelve hundred dollars per annum; the County Clerk shall receive twenty-four hundred dollars per annum as full compensation for himself and deputies; the County Recorder, as ex-officio Auditor, shall receive two thousand dollars as full compensation for himself and deputies; the Treasurer shall receive twenty-four hundred dollars per annum; the Assessor shall receive fifteen hundred dollars per annum; the District Attorney shall receive twelve hundred dollars per annum; the Superintendent of Schools shall receive the sum of one hundred dollars per annum; the County Commissioners shall each receive four hundred dollars per annum, and such mileage as is now allowed by law; provided, that on and after January first, eighteen hundred and eighty-seven, the Sheriff of Ormsby county shall receive such fees as are allowed under the provisions of an Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the County Clerk shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five; the Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is provided by law; the Treasurer shall receive fifteen hundred dollars per annum; the Assessor shall receive fifteen hundred dollars per annum; the District Attorney shall receive twelve hundred dollars per annum; the County Commissioners shall each receive four hundred dollars per annum, and such mileage as is now allowed by law. Sec. 7. The several officers in the county of Lincoln shall receive as compensation for their services the amounts allowed by law during the year previous to the first Monday of January, A. D. eighteen hundred and seventy-nine; provided, that the Chairman of the Board of County Commissioners, having been elected under the salary law of A. |
Ormsby county.
After Jan. 1, 1887.
Lincoln county. |
κ1885 Statutes of Nevada, Page 88 (CHAPTER 79)κ
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Esmeralda county. |
D. eighteen hundred and seventy-nine, shall receive two hundred dollars per annum (as provided in that Act) until the expiration of his present term of office; and provided, further, that the Assessor shall receive the salary provided by An Act in relation to County Assessors, their terms of office and compensation, approved March fourteenth, eighteen hundred and eighty-three. Sec. 8. The Sheriff of Esmeralda county shall receive three thousand dollars per annum; he shall appoint one Deputy Sheriff, whose compensation shall be one hundred dollars per month; he may also appoint one or more jailers, when there are prisoners confined in the county jail, whose compensations shall be fifty dollars per month, but in no event shall the compensation of such jailers exceed six hundred dollars per annum; he shall also appoint a janitor, during the actual sitting of the District Court, at a compensation not to exceed one dollar per day; the County Clerk shall receive fifteen hundred dollars per annum; provided, on and after the first day of January, A. D. eighteen hundred and eighty-seven, the compensation shall be twelve hundred dollars; the County Clerk shall be allowed a deputy, during the actual sitting of the District Court, at a compensation not to exceed four dollars per day; provided, there be a grand jury in attendance on the court, or the Board of County Commissioners are in session; if no grand jury is in attendance on court, nor the Board of County Commissioners in session, then the Clerk shall attend upon the court in person; the County Treasurer shall receive one thousand dollars annum; provided, on and after the first day of January, A. D. eighteen hundred and eighty-seven, the compensation shall be twelve hundred dollars, in full compensation for all services by himself or deputies; the District Attorney shall receive fifteen hundred dollars per annum; provided, on and after the first day of January, eighteen hundred and eighty-seven, the compensation shall be twelve hundred dollars, which shall be in full payment for all services performed by himself or deputies; the Recorder and Auditor shall receive two thousand dollars per annum, which shall be in full payment for all services performed by himself or deputies; the Assessor shall receive two thousand dollars per annum, which shall be in full payment for all services performed by himself or deputies; the Superintendent of Schools shall receive two hundred and fifty dollars per annum; the County Commissioners shall each receive four hundred dollars per annum and twenty-five cents per mile in going to and returning from the place of meeting. The Sheriff shall certify to the claims of his deputy and jailers, and the District Judge shall certify to the number of days that the Deputy County Clerk and janitor were actually engaged in their respective duties. |
κ1885 Statutes of Nevada, Page 89 (CHAPTER 79)κ
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Deputy County Clerk and janitor were actually engaged in their respective duties. It shall not be lawful for the Board of County Commissioners of said county to allow, or the Auditor to audit, the claim of any Deputy Sheriff, jailer, Clerk or janitor authorized by this Act, unless certified to as provided for in this Act. In order to pay the officers of Esmeralda county their salaries each and every month, in addition to the fees collected by the several county officers, and paid into the Salary Fund, there shall be from all revenues paid into the county treasury, thirty-five per cent. of the amount shall be set apart into the Officers Salary Fund; provided, at the regular meetings of the Board of County Commissioners in the months of January, April, July and October in each year, there shall remain any moneys in said fund after paying the officers their salaries, the Board of County Commissioners may order the money so remaining to be transferred into the General County Fund; and provided, further, whenever there is a deficiency in said fund to pay the salaries of officers, the Board of County Commissioners shall transfer to the Salary Fund a sufficient sum from the General Fund to meet all warrants drawn against said Salary Fund. No warrants shall be drawn on said fund except to pay the officers salaries. Sec. 9. The Sheriff of Churchill county shall receive such fees as are allowed under the provisions of An Act to regulate the fees and compensations for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the County Clerk shall receive three hundred dollars per annum; the Recorder as ex-officio Auditor shall receive eight hundred dollars per annum, and as Recorder such fees as are allowed under the provisions of an Act to regulate the fees and compensations for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the Treasurer shall receive six hundred dollars per annum; the Assessor shall receive six hundred dollars per annum; the District Attorney shall receive five hundred dollars per annum; the Superintendent of Schools shall receive one hundred dollars per annum; the County Commissioners shall each receive four hundred dollars per annum, and such mileage as is now allowed by law, until their successors in office are elected and qualified, when such successors shall receive the sum of three hundred dollars per annum, and such mileage as is now allowed by law. Sec. 10. The Sheriff of Humboldt county shall receive such fees as are allowed under the provisions of an Act to amend an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; |
Officers Salary Fund
Churchill county.
Humboldt county. |
κ1885 Statutes of Nevada, Page 90 (CHAPTER 79)κ
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Lyon county.
Douglas county. |
sixty-five; approved March sixth, eighteen hundred and seventy-five; except for a copy of any writ, process or other paper, when demanded or required by law, he shall charge and receive therefor twenty cents per folio; the County Clerk shall charge the fees allowed under the provisions of an Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five, except for entering every final judgement he shall charge and receive for the first folio fifty cents, and for each subsequent folio twenty cents, and for copy any proceeding, record or paper, twenty cents per folio, which said fees shall be paid into the county treasury of said county, and said County Clerk shall receive in full payment for his services the sum of two thousand four hundred dollars per annum, payable in monthly installments of two hundred dollars, on the first Monday of each month; the Recorder as ex-officio Auditor shall receive the fees allowed in said Act of March ninth, eighteen hundred and sixty-five, except for recording any instrument, paper or document he shall charge and receive twenty cents per folio, and such other compensation as is allowed by law; the Treasurer shall receive two thousand dollars per annum; the Assessor shall receive twenty-five hundred dollars per annum; the District Attorney shall receive twenty hundred dollars per annum; the Superintendent of Schools shall receive five hundred dollars per annum; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. Sec. 11. The Sheriff of Lyon county shall receive such fees as are now allowed by law; the County Clerk shall receive the fees allowed under the provisions of an Act to regulate fees and compensation for official and other services in the State of Nevada, approve March ninth, eighteen hundred and sixty-five; the Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is provided by law; the Treasurer shall receive seventeen hundred dollars per annum; the Assessor shall receive twelve hundred dollars per annum; the District Attorney shall receive fifteen hundred dollars per annum; the Superintendent of Schools shall receive four hundred and twenty dollars per annum; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. Sec. 12. The Sheriff of Douglas county shall receive such fees as are allowed by law under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the County Clerk shall receive the fees allowed under said Act of March ninth, |
κ1885 Statutes of Nevada, Page 91 (CHAPTER 79)κ
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shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five; the Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is allowed by law; the Treasurer shall receive eight hundred dollars per annum; the Assessor shall receive seven hundred dollars per annum; the District Attorney shall receive one thousand dollars per annum, and such other compensation as is provided by law; provided, that on and after the first Monday in January, eighteen hundred and eighty-seven, the District Attorney shall receive eight hundred dollars per annum for all services rendered the county as such District Attorney; the Superintendent of Schools shall receive two hundred and fifty dollars per annum; the County Commissioners shall each receive two hundred and fifty dollars per annum, and such mileage as is now allowed by law. Sec. 13. The Sheriff of Lander county shall receive such fees as are allowed by law under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, approved March sixth, eighteen hundred and seventy-five; the County Clerk shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five; the Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of February twenty-seventh, eighteen hundred and eighty-three, and such other compensation as is allowed by law; the Treasurer shall receive one thousand dollars per annum; the Assessor shall receive three thousand dollars per annum; the District Attorney shall receive two thousand dollars per annum; the Superintendent of Schools shall receive six hundred dollars per annum; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. Sec. 14. The Sheriff of Eureka county shall receive such fees as are allowed under the provisions of An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February twenty-seventh, eighteen hundred and eighty-three; the County Clerk shall receive the fees allowed in said Act, approved February twenty-seventh, eighteen hundred and eighty-three; the County Recorder, as ex-officio Auditor, shall receive the fees allowed in said Act, approved February twenty-seventh, eighteen hundred and eighty-three, and such other compensation as is allowed by law; the County Treasurer shall receive twenty-four hundred dollars per annum; the Assessor shall receive three thousand dollars per annum; the Superintendent of Schools shall receive six hundred dollars per annum; the County Commissioners shall each receive nine hundred dollars per annum, and such mileage as is now allowed by law. |
Lander county.
Eureka county. |
κ1885 Statutes of Nevada, Page 92 (CHAPTER 79)κ
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Storey county.
Salaried officers, duties of.
Statement of fees to be made.
Neglect of duty, how punished.
Fees payable in advance. |
dred dollars per annum; the County Commissioners shall each receive nine hundred dollars per annum, and such mileage as is now allowed by law. Sec. 15. The several officers of the county of Storey shall receive such fees, salaries, and compensations as are now provided by law, and which they were entitled to receive on the first day of January, eighteen hundred and eighty-five, the same to be in full for all services and ex-officio services. Sec. 16. The several officers named in this Act, who shall receive salaries as sole compensation, shall collect and safely keep all fees, percentages, and compensation, of whatever nature and kind, allowed them by law for services rendered by them or their deputies in their several official capacities, and they shall, on the first Monday in each month, after said date, pay the same to the County Treasurer of their respective counties. Sec. 17. The several officers named in this Act, who are required to collect and pay fees and percentages to the County Treasurer, shall, on the first Monday of each month, make out and file with said Treasurer a full and accurate statement, under oath, of all fees, percentages, or compensation, 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 of said officers to keep a book in which shall be entered the items of every kind or description of services performed by them or their deputies, and 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. Sec. 18. For a willful neglect or a refusal to comply with the provisions of this Act, or for any one or more of them, any officer or officers herein named shall, on conviction, be subject to a fine not exceeding five thousand dollars, to forfeit their offices, to imprisonment in the State Prison not less than one year nor more than three years, or to any one or more of said penalties in the discretion of the court; provided, that nothing in this section shall be held to release them from the giving of any bonds required by law, from any civil responsibility to any and all persons in relation to the business of their said offices, that may be by other laws applicable to their said official duties. Sec. 19. No salaried officer named in this Act shall perform any service until the fees prescribed by law are paid; provided, that if any officer shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction. |
κ1885 Statutes of Nevada, Page 93 (CHAPTER 79)κ
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the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction. Sec. 20. All fees and emoluments collected by the several salaried officers under the provisions of this Act, shall be paid, upon a statement made under oath, to the County Treasurer on the first Monday of each month, and by him kept in a fund to be known as the Salary Fund, and all warrants for the payment of the salaries provided by this Act shall be drawn upon the Salary Fund. Whenever there is a surplus in said fund, the Board of County Commissioners may transfer it to the General Fund; and whenever there is a deficiency, the Board of County Commissioners shall transfer to the Salary Fund a sufficient sum from the General Fund to meet all warrants drawn against said Salary Fund. Sec. 21. The State of Nevada shall allow the several counties herein named, for the services rendered under the Revenue Act, by the Auditor, Assessor, and Treasurer of each county, a sum which shall be the proportion of the State tax to the whole tax levied by the county on the basis of the salaries allowed by the Act, including the compensations allowed for deputies by the Commissioners. These allowances shall be made at the time of the semi-annual settlement provided by law, upon vouchers furnished the County Treasurer by the Board of Commissioners of each county. Sec. 22. This Act shall take effect on and after its passage. Sec. 23. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Surplus of deficiency provided for.
Allowances to counties.
Repealed. |
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Chap. LXXX.An Act authorizing County Treasurers to place county funds in bank, on open account, under certain restrictions.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows.
Section 1. The County Treasurers of the several counties in this State may, when a private or an incorporated bank is located at the county seat, deposit, with unanimous consent of their bondsmen, county funds in such bank or banks upon open account; and when no such bank or banks exist at such county seat, may deposit, with the unanimous consent of their bondsmen, county funds with any private or incorporated bank in the State of Nevada. |
Unanimous consent of bondsmen. |
κ1885 Statutes of Nevada, Page 94 (CHAPTER 80)κ
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Bondsmen, how released. |
consent of their bondsmen, county funds with any private or incorporated bank in the State of Nevada. Such accounts shall be kept in the name of the county in such manner as the Board of County Commissioners may prescribe. The balances in said banks, as certified to by the proper officer thereof, and by the oath of the County Treasurer, may be counted as cash. All orders, checks or drafts drawn by the County Treasurer on the banks with which county funds are deposited, shall be countersigned by the County Clerk thereof, and shall bear on their face the number of the county warrant for which such order, check or draft is issued. Sec. 2. Whenever any bondsman or bondsmen whose consent to deposit the county funds in any bank or banks has not been obtained in writing, such bondsman or bondsmen shall be released from all responsibility on the bond of said Treasurer, upon giving notice as required by law. |
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Fees of Sheriffs in the several counties. |
Chap. LXXXI.An Act to amend section five of an Act to regulate fees and compensations for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five is hereby amended to read as follows: Section five. The fees allowed to Sheriffs in the several counties of this State shall be as follows: For serving a summons and complaint or any other process by which an action or proceeding is commenced, on every defendant, one dollar and fifty cents; for traveling in making such services, per mile, in going only, to be computed in all cases from the court-house of the county, forty cents per mile; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the court-house, one mileage only shall be charged; for taking bond or undertaking in any case in which he is authorized to take the same, one dollar; for copying any writ, process or other paper, when demanded or required by law, for each folio, twenty-five cents; for serving every notice, rule or order, fifty cents; for serving a subpena, for each witness summoned, twenty-five cents; for traveling, per mile, in serving such subpena or venire, in going only, |
κ1885 Statutes of Nevada, Page 95 (CHAPTER 81)κ
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in going only, forty cents per mile; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant; for serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, two dollars, with traveling fees as in cases of summons; for serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon, created by law, four dollars; for making and posting notices, and advertising for sale on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper, one dollar and fifty cents; for commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first five hundred dollars, three per cent.; not exceeding one thousand dollars, but over five hundred, one and one-half per cent.; and on all sums over fifteen hundred dollars, three-fourths of one per cent.; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of one per cent. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on execution, shall be collected from the defendant by virtue of such execution, in the same manner as the same may therein be directed to be made. For drawing and executing every Sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, three dollars; for serving a writ of possession or restitution, putting any person in possession entitled thereto, three dollars; for traveling, in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, in going only, forty cents per mile; for attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the treasury, four dollars; for bringing up a prisoner, on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest or detention, or to give bail, one dollar and fifty cents. He shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest or trial of right of property, when required, to include all services except mileage, seven dollars and fifty cents; for attending on the Supreme Court, either in person or by deputy, to be paid out of the State treasury as other claims, for each [day] six dollars; for every arrest in a criminal proceeding, two dollars; for serving each subpena, in criminal cases, forty cents; |
Commissions on moneys received and paid.
Reasonable expenses to be paid. |
κ1885 Statutes of Nevada, Page 96 (CHAPTER 81)κ
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Repeal. |
forty cents; for executing every sentence of death, fifty dollars; for summoning a grand jury of twenty-four persons, ten dollars; for summoning each trial juror, thirty cents; for service of any process in criminal cases, the same mileage as in civil cases. In serving subpenas or venires in criminal cases he shall receive mileage for the most distant only, when witnesses and jurors live in the same direction. For all services in Justices courts, the same fees as are allowed to Constables. Sec. 2. Section five of said original Act is hereby repealed. |
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Lander county. |
Chap. LXXXII.An Act relating to County Assessors.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, A. D. eighteen hundred and eighty-seven, the salary of the Assessor of Lander county shall be two thousand five hundred [dollars] per year. Sec. 2. All Acts or parts of Acts, insofar as they may be in conflict with this Act, are hereby repealed. |
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County officers, ex-officio duties. |
Chap. LXXXIII.An Act consolidating certain county and township officers in the State of Nevada, and fixing the salaries of the officers thereof, and all other matters relating thereto.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, A. D. eighteen hundred and eighty-seven, in all counties in this State containing a voting population of eighteen hundred or more, to be determined by the total vote cast therein at the last general election preceding the time when the officers hereinafter named are required to assume the duties of their respective offices, the Sheriffs, in addition to their duties as Sheriffs, shall be ex-officio Assessors; the County Clerks shall, in addition to their present duties, be ex-officio County Treasurers; the District Attorneys, in addition to their duties as such, |
κ1885 Statutes of Nevada, Page 97 (CHAPTER 83)κ
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duties as such, shall be ex-officio County Superintendents of Public Schools; Justices of the Peace in any townships wherein the legal number of votes cast at the last general election equaled or exceeded the number of twelve hundred, in addition to their duties as Justices of the Peace, shall be ex-officio Coroners. Sec. 2. The Sheriffs as ex-officio Assessors may, if required, during the months of April and May of each year, from and after the day named in this Act, appoint not to exceed two Deputy Assessors in each county, who shall receive five dollars a day for each days service performed, Sundays excepted. Sec. 3. The County Clerks, as ex-officio County Treasurers, may appoint one Deputy Treasurer in each county, while he is acting in the capacity of ex-officio Tax Receiver, from the third Monday in October, to and including the third Monday in November of each year, beginning with the year eighteen hundred and eighty-seven, who shall receive the sum of five dollars a day for each days service actually performed. Sec. 4. The salaries in this Act provided shall be the whole and only compensation allowed and paid to the officers herein named for all official services by them rendered as such officers. Sec. 5. The several officers named in this Act shall, from and after the day named in the first section of this Act, collect and safely keep all fees, percentages and compensations of whatever nature and kind allowed them by law, for services rendered by them or their deputies in their several official capacities; and they shall, on the second Monday of each month, after said date, pay the same to the County Treasurers. Sec. 6. The several officers named in this Act shall, at the expiration of each month, make out and file with the County Treasurers a full and accurate statement, under oath, of all fees, percentages and compensations received in their several official capacities during the 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. Sec. 7. No officer named in this Act shall perform any service, except it be for the county or State, until the fees prescribed by law are paid. Sec. 8. All fees and emoluments collected by the several officers under the provisions of this Act, upon payment to the Treasurers, shall be kept by them in a fund to be known as the Salary Fund, and all warrants for the payment of salaries, provided by this Act, shall be drawn upon the Salary Fund. Whenever there is a surplus in the Salary Fund the Board of Commissioners may transfer it to the General Fund, |
Deputy Assessors.
Deputy Treasurers.
Fees, how disposed of.
Statements to be filed.
Fees in advance.
Salary Fund |
κ1885 Statutes of Nevada, Page 98 (CHAPTER 83)κ
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Allowances to counties.
Officers not to be elected
Payment of salaries.
Compensation of officers fixed. |
Salary Fund the Board of Commissioners may transfer it to the General Fund, and whenever there is a deficiency the Board of Commissioners shall transfer to the Salary Fund a sufficient sum from the General Fund to meet all warrants drawn against said Salary Fund. Sec. 9. The State of Nevada shall allow the counties herein affected for the services rendered under the Revenue Act by the Auditors, Assessors and Treasurers thereof as follows: For the Auditor, a sum which shall be the proportion of the State tax to the whole tax levied by the county, on the basis of one hundred dollars per month, for the Auditors salary; for the Assessor, a sum which shall be the proportion of the State tax to the whole tax levied by the county, on the basis of one hundred and twenty-five dollars a month, for the Assessors salary; for the Treasurer, four per cent. on all moneys paid to the State after deducting school moneys. These allowances shall be made at the time of the semi-annual settlement, provided by law, upon vouchers furnished the County Treasurers by the Boards of Commissioners of the counties. Sec. 10. At the general election to be held on the first Tuesday in November, A. D. eighteen hundred and eighty-six, and at each subsequent general election, there shall not be elected in the counties affected by this Act, any County Treasurers, County Assessors, County Superintendents of Public Schools or Coroners, except as provided in section one of this Act. Sec. 11. The annual salaries herein named shall 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 the officers herein named. Sec. 12. The following-named officers of Storey county shall receive, in full payment of all service rendered by them, the following salaries: The Sheriff, for services as Sheriff and ex-officio Assessor, the sum of three thousand dollars a year; the County Clerk, for services as County Clerk and ex-officio County Treasurer, the sum of three thousand dollars a year; the County Recorder, for services as County Recorder and ex-officio County Auditor, the sum of twenty-four hundred dollars a year; the District Attorney, for services as District Attorney and ex-officio County Superintendent of Public Schools, twenty-five hundred dollars a year; the County Commissioners shall each receive six hundred dollars a year; provided, nothing herein contained shall affect the compensation of County Commissioners now holding office, and during their full term of office; the Justice of the Peace, for services as Justice of the Peace and ex-officio Coroner, in any township wherein the number of votes cast at the last general election equaled or exceeded the number of twelve hundred, |
κ1885 Statutes of Nevada, Page 99 (CHAPTER 83)κ
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or exceeded the number of twelve hundred, shall receive the sum of two thousand dollars a year; the Constable, in any township wherein the number of votes cast at the last general election equaled or exceeded the number of twelve hundred, shall receive for their services the sum of eighteen hundred dollars a year; provided, that nothing contained in this section shall affect Justices of the Peace or Constables in any other than the county of Storey. Sec. 13. All Acts and parts of Acts, heretofore passed, so far as they conflict with or are repugnant to the provisions of this Act, are hereby repealed. |
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Chap. LXXXIV.An Act to amend an Act entitled An Act reducing and regulating the salaries and compensation of certain State officers, Justices of the Supreme Court, and attaches of the State Government of Nevada, approved February 21, 1881.
[Approved March 12, 1885.]
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. On and after the first day of January, A. D. eighteen hundred and eighty-seven, 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, four thousand dollars per annum; to the Secretary of State, twenty-four hundred dollars per annum; to the State Controller twenty-four hundred dollars per annum; to the State Treasurer, three thousand dollars per annum; to the Attorney-General, two 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, eighteen hundred dollars per annum, payable out of the General School Fund of the State. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section two. The Lieutenant Governor, ex-officio Adjutant General, ex-officio State Librarian, Commissioner for the Care of the Insane, and all other duties required of him by law, other than President of the Senate, shall receive eighteen hundred dollars per annum. |
State officers, salaries fixed.
Lieutenant Governor. |
κ1885 Statutes of Nevada, Page 100 (CHAPTER 84)κ
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Surveyor General.
Governors Private Secretary and deputies.
Members of Legislature.
Justices of Supreme Court. |
Sec. 3. Section three of said Act is hereby amended so as to read as follows: Section three. The Surveyor-General as ex-officio Register of the State Land Office shall receive an annual salary of fourteen hundred dollars per annum, payable out of the State School Fund. The Clerk of the Supreme Court shall receive a salary of two thousand dollars per annum. 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 one hundred dollars per annum. Sec. 4. Section four of said Act is hereby amended so as to read as follows: Section four. The Governors Private Secretary shall receive six hundred dollars per annum, and he shall act as Clerk of the Board of Pardons without further compensation. The Deputy Secretary of State shall receive six hundred dollars per annum, and he shall act as Clerk of the Board of Examiners and of the Board of State Prison Commissioners without further compensation. The Deputy State Controller shall receive fifteen hundred dollars per annum, and he shall act as Clerk of the Board of State Printing Commissioners without further compensation. The Deputy in the Surveyor General and Land Registers office shall receive eighteen hundred dollars per annum, to be paid out of the State School Fund. The Deputy State Treasurer shall receive fifteen hundred dollars per annum, and he shall act as Clerk of the Board of Commissioners for the Care of the Indigent Insane without further compensation. Sec. 5. Section seven of said Act is hereby amended so as to read as follows: Section seven. State Senators and members of the Assembly shall receive seven 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 expiration of the terms of office of the present incumbents, each Justice of the Supreme Court shall receive a salary of five thousand dollars per annum, payable in the manner and at the times now prescribed by law. |
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Chap. LXXXV.An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the sixteenth and thirty-sixth sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a State Land Office is hereby created, of which the Surveyor-General shall be and is hereby made ex-officio Land Register. He shall, as such Land Register, be required to give bonds in the sum of ten thousand dollars for the faithful performance of his duties, which bonds shall be approved by the Governor and filed in the office of the Secretary of State. The Land Register shall keep his office at the seat of government, and the same shall be kept open on all legal days, between the hours of ten oclock A. M. and four oclock P. M., for the transaction of business. Sec. 2. The Register shall procure from the United States Surveyor-Generals office one copy of each township plat of the public surveys now approved or that may hereafter be approved by the proper United States authorities, unless the same shall have been previously obtained; provided, that the cost of the same shall not exceed six dollars each, and shall be made upon drawing paper. He shall keep a record of all applications, and of all lands which have been or may hereafter be approved to the State, and of all lands which have been sold by the State, which, together with all the plats, papers and documents relating to the business of his office, shall be open to public inspection during office hours without fee therefor. Sec. 3. The price of all agricultural and grazing lands applied for after the approval of this Act, whether within or without the limits of the Central Pacific Railroad grant, is hereby fixed at one dollar and twenty-five ($1 25) cents per acre; provided, that nothing in this Act shall invalidate or change the condition of any completed sale, or any contract which may have been heretofore entered into between the State and individual purchasers for the sale of any land; and the price of all lands within the limits of the Central Pacific Railroad grant, which have heretofore been or may hereafter be approved to the State as double minimum lands, shall remain fixed at two dollars and fifty ($2 50) cents per acre, notwithstanding such lands have been or may hereafter be forfeited to the State. |
State Land Office created.
Office hours
Township. plats.
Public inspection.
Agricultural and grazing lands. |
κ1885 Statutes of Nevada, Page 102 (CHAPTER 85)κ
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Applications for purchase.
Persons entitled to purchase State lands.
Refunding moneys to applicant. |
hereafter be approved to the State as double minimum lands, shall remain fixed at two dollars and fifty ($2 50) cents per acre, notwithstanding such lands have been or may hereafter be forfeited to the State. But the Board of Regents of this State shall have power to fix a price upon any of said lands not settled upon or applied for by individuals prior to the date of such price having been fixed. Sec. 4. All applications to purchase lands shall be made in writing to the Land Register, and shall be signed by the applicant, his or her agent, and shall designate, in conformity with the United States survey, the tracts of land applied for, number of acres, price per acre and amount necessary to purchase such land, and the section of this Act under which the applicant wishes to purchase; also, residence, postoffice address, and county in which such land is located. Sec. 5. Upon the application of any citizen of the United States, or any person who has declared his intention to become such, to purchase land not previously selected by the State, the Land Register shall certify to the State Controller that such person is entitled to apply for the land, describing the same as in the application, which shall accompany said certificate, and said certificate shall state the amount necessary to purchase said land. The Controller shall thereupon issue his order directing the State Treasurer to receive from such applicant said amount, placing the same in the proper school fund, and upon such payment being made the Treasurer shall issue his receipts in duplicate, describing the land applied for, and he shall at the same time enter in his abstract of applications the name or names of the citizen or citizens applying, number, description of land, date of receipt and amount paid by the applicant. Upon the return of the application, with the Treasurers receipt, to the Land Office, the Register shall file the same, which shall complete such application. Whenever purchase can be completed in whole or in part upon land thus applied for, the Land Register shall certify the same to the Controller and Treasurer each, and shall at once proceed to perfect such sale. Should the Controller, upon the receipt of such certificate, find that any payment had been wrongfully apportioned, he shall issue his order directing the Treasurer to transfer such amount to its proper fund. If from the non-approval of the land to the State, or other cause, the contemplated sale cannot be perfected in whole or in part, then upon the demand of the applicant, his or her agent, the Land Register shall certify to the Controller and Treasurer that such applicant is entitled to the amount paid by him or her, from the non-approval or other cause, as the case may be, and the Controller shall draw his warrant upon the proper school fund for the amount due such applicant, and the same shall be paid by the Treasurer. |
κ1885 Statutes of Nevada, Page 103 (CHAPTER 85)κ
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troller shall draw his warrant upon the proper school fund for the amount due such applicant, and the same shall be paid by the Treasurer. Sec. 6. Upon the application of any person or persons as described in section five of this Act, for the purchase of land after the State has obtained title thereto, should such person or persons be entitled to purchase, the Land Register shall certify the same to the Controller. Said certificate shall be accompanied by such application, as provided in section five of this Act, whereupon the Controller shall issue his order directing the Treasurer to receive the amount necessary to purchase such land, placing the same in the fund specified in the order. Upon payment being made by the applicant, the Treasurer shall issue his receipt for the same, and on return of said application, with the receipt, to the State Land Office, the Register shall thereupon file the same and perfect such sale. Sec. 7. All applicants for the purchase of State lands shall, at the time of making application, deposit with the State Land Register the amount of fees required for selecting the same in the United States local Land Office. Sec. 8. In addition to the mode and manner of the sale of State lands, the State Land Register is hereby further empowered to sell and dispose of any agricultural or grazing lands, payable as hereinafter specified; that is to say, with any party or parties as specified in section five of this Act, wishing to purchase lands under the provisions of this section, and who shall have made proper application therefor, and duly established his or her right to purchase under the provisions of this Act, the State Land Register is hereby authorized and required to enter into contract to sell such lands, after six months from the date of approval of such lands to the State, upon the following conditions, to-wit: One-fifth of the purchase price to be paid upon application, the remainder of the purchase price to be paid in twenty-five years from date of contract, with interest at the rate of six per cent. per annum, interest payable annually; provided, the applicant, his or her heirs or assigns, may at any time prior to the maturity of such contract make full payment and receive patent in the name of the applicant. All such contracts shall be entered into in writing with the party or parties so purchasing, in which the conditions shall be distinctly expressed, that upon the failure to pay the annual interest or principal, when due as stipulated, the land shall immediately and unconditionally revert to the State and be thereafter subject to sale in the same manner and under the same conditions as though no such prior contract of sale had been made. It shall be the duty of the Register to certify each sale and the terms thereof to the State Treasurer. |
Controller to certify.
United States fees.
Contracts for sale of lands.
Revert to State. |
κ1885 Statutes of Nevada, Page 104 (CHAPTER 85)κ
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Patents.
Present contracts.
Notices to applicants.
Forfeited payments.
Unlocated land warrants. |
to the State Treasurer. The Register shall certify to the Controller each payment, and the Controller, upon the receipt of each of such certificates, shall issue his order to the Treasurer, apportioning the interest to the distributive school fund to which it may belong, as in section five of this Act, and upon payment being made by the applicant of the amount specified in the order, the Treasurer shall issue his receipts in duplicate, and when full payment shall have been made, patents shall issue to the purchaser as provided in section sixteen of this Act. No timber land shall be sold unless the whole purchase price shall be paid at the time of application. Sec. 9. All contracts in existence at the time of the passage of this Act, may remain under the same conditions as stipulated in said contracts, or the unpaid principal may be made the subject of a new contract, under the provisions of the foregoing section, at the option of the holder of such contract. Sec. 10. The State Land Register shall, with reasonable dispatch, cause proper notices to be prepared, requiring the applicant, his or her agent or attorney, to make full payment, or enter into contract with the State Land Register, as provided in section eight of this Act, for the purchase of the land applied for by said applicant, and shall inclose with such notice duly prepared contracts, in duplicate, for the applicant to sign, and shall address the same to such applicant, his or her agent or attorney, by mail, in registered letter, and the Register shall file the postoffice receipts in his office. If, at the expiration of ninety days from the date of mailing such notices and contracts in duplicate, the party or person so notified, or his or her legal representative, shall fail to make the required full payment, or to sign and return to the Register such contracts, he or she shall forfeit his or her right to complete the purchase of such land, and the title of the State to such land shall rest as fully in the State as though it had never been applied for, and shall be subject to sale to any person or persons, including the person or persons so forfeiting such land on previous application. Any and all sums of money, heretofore deposited as partial payments on lands so forfeited, shall immediately and unconditionally become the property of the State. Sec. 11. The holder of any unlocated land warrant of this State, heretofore issued, shall have the right to use the same in payment for lands which he or she may desire to purchase from the State, and any person holding any of said warrants for one hundred and sixty acres or less, at the rate of two and one-half dollars per acre, shall be allowed to surrender the same to the State Treasurer in full payment or double the number of acres expressed therein, of land valued at one and one-fourth dollars per acre. |
κ1885 Statutes of Nevada, Page 105 (CHAPTER 85)κ
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or double the number of acres expressed therein, of land valued at one and one-fourth dollars per acre. And upon the surrender of such land warrant to the Controller by the Treasurer, properly indorsed, the Controller shall draw his warrant upon the State School Fund, in favor of the State Treasurer, for the amount of said land warrant. Sec. 12. All moneys hereafter paid into the treasury on land shall be paid in on an order from the Controller, and all moneys refunded to applicants shall be drawn out upon a warrant issued by the Controller upon the Treasurer, as provided in section five of this Act. All purchases to be completed, or amounts to be refunded, upon special deposit receipts issued by E. Rhoads, defaulting Treasurer, and still outstanding, shall be disposed of in the following manner: Whenever purchase can be completed, in part or in whole, upon lands thus applied for, the Land Register shall perfect such sale, surrendering to the Controller the Treasurers receipts issued by said E. Rhoads, with his certificate of the completion of such sale, and the Controller shall receive and file the same in his office as vouchers. The Register shall at the same time also certify such sale to the Treasurer. And whenever, for non-approval of the land to the State, or other cause, the contemplated sale cannot be completed, the Land Register shall certify to the Controller that said applicant is entitled to the amount paid, and the Controller shall file such certificate in his office as a voucher, drawing his warrant upon the proper fund for said amount, and the Treasurer shall pay the same. The Land Register shall, at the same time, certify the non-approval, or other cause, in like manner to the Treasurer. Sec. 13. An occupant or party in possession shall have a preferred right to purchase all the land that he or she may be entitled to purchase, for the period of six months after the date of approval to the State of the lands occupied or possessed by him or her, and when two or more persons, each claiming a preferred right by reason of occupancy or possession, apply to purchase the same lands, the Register shall certify such applications to the District Court of the county in which such lands are situated, and notify the contesting applicants thereof. The Judge or Court shall then appoint a commissioner in the vicinity of the land so in dispute, to take and report to such Court all the testimony of the parties in the case. The contest shall then be tried and determined as ordinary actions in said court, and when so determined shall be certified to the Register, who shall proceed thereafter with the successful contestant in the same manner as if he alone had applied in the premises; provided, that all costs attending such contest shall be paid by the parties litigant, as the Court or Judge may determine; |
Money on land, how paid into treasury.
Preferred right to buy land. |
κ1885 Statutes of Nevada, Page 106 (CHAPTER 85)κ
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Two-million-acre grant.
Register to select lands
Patents free |
and provided, further, that a preferred right shall be based upon occupancy or possession dating prior to any existing valid application to purchase the land having been filed with the Register. When two or more persons, neither claiming a preferred right, apply to purchase the same lands, the first applicant shall be allowed to purchase. When applications for the same tract of land are made simultaneously, neither of the applicants claiming a preferred right, the applications shall be certified to the District Court of the county in which such lands are situated in the same manner as in cases where preferred rights have been filed. When, after applicants file preferred rights within thirty days from the expiration of the six months allowed for that purpose, the prior applicant shall be allowed thirty days from the date of such last filing in which to file his or her preferred right. It shall be the duty of the Land Register to notify, within a reasonable time, by registered letter, all unsuccessful applicants for land to withdraw the applications and moneys deposited in connection therewith. In case the application and moneys so deposited are not withdrawn within six months from the date of such notice, such application and moneys shall be forfeited to the State. All claims of preferred right must be made by affidavit before an officer authorized to administer oaths. Sec. 14. All lands selected under the two-million-acre grant of June sixteenth, eighteen hundred and eighty, may be sold in tracts equal to one section to each applicant, notwithstanding such applicant may have heretofore purchased, or may hereafter purchase, three hundred and twenty acres of the State, selected under other grants of land to the State. No lands shall be sold in tracts less than the smallest legal subdivision. Sec. 15. It is hereby made the duty of the Land Register to select as portions of the several grants of land to this State all lands for which money has been deposited under the provisions of this Act, and whenever he shall have knowledge of any tract or tracts of land within the State which, for any cause, may appear to him to be of special value, and subject to location by the State, he may select the same. Sec. 16. The title of the State to any lands sold under the provisions of this Act shall be conveyed by patents, free of charge, to the applicant, and none other, except as may be otherwise ordered by a competent court having jurisdiction of the estate of a deceased applicant; patents to be in such form as the Attorney-General and Register shall jointly prescribe, to be prepared by the Register, signed by the Governor, and shall have the great seal of the State affixed by the Secretary of State, and shall be countersigned by the Register. |
κ1885 Statutes of Nevada, Page 107 (CHAPTER 85)κ
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affixed by the Secretary of State, and shall be countersigned by the Register. The Secretary of State and State Land Register shall each keep a record of patents issued. Sec. 17. The State Land Register shall be entitled, as such Register, to a salary of two thousand dollars per annum, payable monthly; and he is hereby authorized to appoint a deputy, who shall be entitled to a salary of two thousand dollars per annum, to be paid monthly. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasurer in favor of said deputy for the amount of his compensation then due, and the State Treasurer shall pay the same out of any money in the State School Fund. Sec. 18. The State Land Register is hereby authorized to withdraw from the local and general land offices of the United States all selections that have been or may be erroneously made. Sec. 19. The impression of the seal of the State Land Office upon the original or copy of any paper, plat, map or document emanating from such office, shall impart verity to the same, and such paper, plat, map or document bearing the impression of such seal, shall be admitted as evidence in any court in this State, and the use of such seal by the State Land Register is hereby authorized. Sec. 20. All funds derived from the sale of lands under this Act shall be invested in interest-bearing bonds of this State or of the United States, as required by section three, Article XI., of the Constitution of this State. The proceeds of the sale of lands donated to this State by Act of Congress of July second, eighteen hundred and sixty-two, shall be invested by the Board of Regents, and the proceeds of other lands herein referred to, whenever the sum of five thousand dollars shall have been paid into the State School Fund, shall be invested as directed by law. Sec. 21. All claims and accounts for services, or for expenses authorized by and necessarily incurred in carrying out any of the provisions of this Act, except the salaries of the Register and his Deputy, shall be presented and audited as other claims by the State Board of Examiners, and when any claim shall be passed and allowed by said board, they shall apportion the same, so payable or chargeable, to the proper fund derived from the sale of lands, and so much of the funds received from the sale of lands in the several grants as may be necessary for the payment of such audited claims, shall be and the same is hereby appropriated out of the several funds, respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board of Examiners is hereby authorized and directed to allow and direct to be paid such sums to the Receivers of the United States Land Offices for any official services performed by them in relation to the designation of the selected lands, |
Salary of Register and deputy.
Withdrawal of selections.
Seal of State Land Office.
Investment of funds.
Claims, how allowed. |
κ1885 Statutes of Nevada, Page 108 (CHAPTER 85)κ
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Other Acts repealed. |
and direct to be paid such sums to the Receivers of the United States Land Offices for any official services performed by them in relation to the designation of the selected lands, upon the books of their respective offices, as they may be justly entitled to receive under the laws of the United States or the instructions of the proper department at Washington City. Sec. 22. An Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March fifth, eighteen hundred and seventy-three; also, an Act supplementary to the foregoing, approved March seventh, eighteen hundred and eighty-one; also, an Act to amend an Act entitled An Act fixing the price of lands within the limits of the Central Pacific Railroad grant, etc., approved February nineteenth, eighteen hundred and eighty-three; also, an Act in relation to the sale of certain lands granted by the United States to the State of Nevada, approved March first, eighteen hundred and eighty-three, and all other Acts and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not divest any parties of any rights heretofore acquired under any of said Acts referred to. |
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Census Marshal, duties of. |
Chap. LXXXVI.An Act to amend an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 20, 1865.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
[Section 1.] Section thirty-two of said Act is hereby amended to read as follows: Section one. It is the duty of the Census Marshal: First-To take annually, between the first and thirty-first days of May, inclusive, a census of all children under eighteen years of age and over six years, who are residents of his district on the first day of May. Second-To report the result of his labors to the County Superintendent of Schools on or before the fifteenth day of June in each year. Third-He shall, when practicable, visit each habitation, home, residence, domicile or place of abode in his district, and by actual observation and investigation enumerate the census children of the same. |
κ1885 Statutes of Nevada, Page 109 (CHAPTER 86)κ
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Sec. 2. Whenever a district is found [formed] lying partly in two adjoining counties, the Census Marshal must report to each County Superintendent the number of children in each county. Sec. 3. His report must be made under oath, upon blanks furnished by the Superintendent of Public Instruction, and must show: First-The number, age, sex, color and nationality of the children listed. Second-The name of the parents or guardians of said children. Third-Such other facts as the Superintendent of Public Instruction may designate. Fourth-The Census Marshal shall have power to administer oath to parents or guardians. Fifth-If at any time the County Superintendent has reason to believe that a correct report has not been returned, he may appoint a Census Marshal, have the census retaken, and the compensation for the same shall be audited by the County Commissioners and paid out of the county General Fund. Sec. 4. He must include in his report all children of the district that are absent attending institutions of learning, and whose parents or guardians are residents of the district. Sec. 5. He must not include in his report non-resident children who are attending in his district institutions of learning, benevolent institutions, such as deaf and dumb, blind, and orphan asylums, nor any other children not actually residing in his district. Sec. 6. The compensation of the Census Marshal must be audited by the County Commissioners and paid as other claims out of the General Fund of the county. Sec. 7. If the Census Marshal neglect or refuse to make his report at the time and in the manner herein required, and to perform any other duty devolving upon him, he must be deemed guilty of a misdemeanor, and, on conviction, be punished by a fine in any amount not exceeding one hundred dollars or imprisonment not exceeding ten days. |
What report must show.
Children included.
Children not included.
Neglect of duty punished. |
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Chap. LXXXVII.An Act to amend an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 20, 1865.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections two and three of said Act are hereby amended to read as follows: Sec. 2. The State Board of Education consists of the Governor, the Superintendent of Public Instruction and the Surveyor-General. |
State Board of Education. |
κ1885 Statutes of Nevada, Page 110 (CHAPTER 87)κ
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Powers of the Board.
Diplomas and Certificates. |
Governor, the Superintendent of Public Instruction and the Surveyor-General. Sec. 3. The Governor is the President and the Superintendent of Public Instruction the Secretary of the board. Sec. 4. The board meets at the call of the Secretary and not less than twice in each year. Sec. 5. The powers and the duties of the board are as follows: First-To prescribe and cause to be adopted a uniform series of text books in the principal studies pursued in the public schools; provided, that the text books shall not be changed oftener than once in four years. Second-To adopt a uniform system of rules for State and county examinations. Third-To prescribe and cause to be adopted the course of study in the public schools. Fourth-To recommend a list of books for district school libraries. Fifth-To grant, first, life diplomas; second, educational diplomas, valid for six years; and third, State certificates, valid for three years. Sixth-To revoke, for immoral conduct or evident unfitness for teaching, life diplomas, educational diplomas and State certificates. Seventh-To have done by the State Printer any printing required by it, such as the proceedings of the State Teachers Institutes, circulars of information to school officers and teachers, and blank forms. Eighth-To adopt and use in authentication of its acts, an official seal. Ninth-To keep a record of its proceedings which shall be published biennially in the report of the Superintendent of Public Instruction. Tenth-Life diplomas may be issued upon all and the same conditions as educational diplomas, except that the applicant must furnish satisfactory evidence of having been successfully engaged in teaching for at least ten years. Eleventh-State educational diplomas may be issued to such persons only as have held a State certificate or a first grade county certificate for at least one year, and shall furnish satisfactory evidence of having been successfully engaged in teaching for at least five years. Every application for an educational diploma must be accompanied by a certified copy of a resolution adopted by a Board of School Trustees of this State, recommending the applicant as a successful teacher and worthy of such diploma. Twelfth-To grant State certificates upon an appeal only after an examination held by a County Superintendent of Schools. |
κ1885 Statutes of Nevada, Page 111 (CHAPTER 87)κ
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Thirteenth-To have appelate jurisdiction over all questions relating to schools and referred to the County Superintendents. Fourteenth-To prescribe in what shall be examined an applicant for a first grade county certificate, valid for three years, and also an applicant for a second grade county certificate, valid for two years. Fifteenth-Upon the recommendation of the County Superintendent of the county in which the applicant lives, the board may renew a certificate or make it valid in any county in the State. Sixteenth-Upon presentation to them of any life certificate, or of any State, or of [any] State Normal School diploma, the board may grant to the holder thereof a State certificate without examination; provided, that since the issuance of such State certificate or diploma said applicant shall have been continuously and successfully engaged in teaching. Sec. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Examinations for certificates.
Certificate without examination. |
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Chap. LXXXVIII.An Act supplemental to an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 20, 1865; approved March 8, 1867; approved March 5, 1869; approved March 7, 1873; approved March 5, 1877; approved February 24, 1879; approved February 28, 1881.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the County Treasurer and the County Auditor, as provided in this Act, to apportion the public school moneys in the county treasury among the several school districts of his county as follows: First-He must ascertain the number of teachers each district is entitled to, by calculating one teacher for every one hundred census children, or fraction thereof, as shown by the next preceding school census. Second-He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several districts, upon the basis of one teacher to each one hundred census children or fraction thereof. Third-Forty per cent. of the amount of the apportionment from the State and County School Fund shall be apportioned equally to each district, |
County Superintendent to apportion school moneys. |
κ1885 Statutes of Nevada, Page 112 (CHAPTER 88)κ
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First Monday in January.
Payment of accounts.
School Trustees, election of. |
State and County School Fund shall be apportioned equally to each district, for every teacher assigned it, upon the basis of one hundred census children or fraction thereof. Fourth-All school moneys remaining on hand after apportioning forty per cent. of the State and county apportionment equally to each district for every teacher assigned it, upon the basis of one hundred census children or fraction thereof, must be apportioned to the several districts in proportion the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer, County Auditor, and the School Trustees, in writing, of such apportionment in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his order on the County Auditor in favor of the Trustees of any school districts in his county for any bill signed by said Trustees, and authorized by this Act; provided, that such order shall not be drawn except upon presentation of an itemized account, which shall remain on file in his office, and until full and correct returns have been made to him as required by law; and provided, further, that if, in the opinion of the Superintendent, any bill contains an exorbitant or unwarranted charge, he may refuse to draw his order until ordered to do so by the Board of County Commissioners, who shall act as auditors upon all bills rejected by the County Superintendent. No order shall be drawn in favor of any school district by the County Superintendent upon the Auditor unless there be cash in the treasury at the time to the credit of said district. It shall be the duty of the County Auditor to draw his warrant upon the County Treasurer for the amount of any such order of the County Superintendent, upon the presentation of the same to him, if there be cash in the treasury to the credit of the particular fund on which he is called upon to draw. No charge for issuing said warrant shall be made by the County Auditor. Sec. 2. An election for School Trustees must be held in each district on the second Saturday of May of each year, at the district school house, if there be one, and if there be none at a place to be designated by the Board of Trustees. First-The number of School Trustees for any school district shall be three, except when the number of census children of the preceding year exceeds four hundred, then the Board of Trustees shall consist of five members. Second-In new school districts, or in case of vacancy for any cause in an old one, the School Trustees shall be elected to hold office for one, two and three years respectively, from the first day of September next succeeding their election. |
κ1885 Statutes of Nevada, Page 113 (CHAPTER 88)κ
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Third-Except as provided in sub division second of this section, one Trustee shall be elected annually to hold office for three years where there are three Trustees, and for five years where there are five Trustees, or until his successor shall be elected and qualified. Sec. 3. Within thirty days after the formation of a new district an election must be held for Trustees. Any three electors of the district may give notice of it in the same manner as notice is required to be given for the annual election. Sec. 4. Not less than ten days before the election required under section two of this Act, the Trustees must post notices in three public places in the district, which notices must specify the time and place of election and the hours during which the polls will be kept open. If within five days of the election the Trustees have failed to post the notices required under this section, then any three electors of the district may give notice of such election. Sec. 5. The Trustees must appoint the Inspector and Judges of Election and such other officers as may be necessary. If none are so appointed, or if they are not present at the time for opening the polls, the electors present may appoint them, and any such officers so appointed shall serve without compensation. Sec. 6. In districts in which the children between six and eighteen years of age exceed four hundred, the polls must be open at eight oclock A. M. and be kept open until five P. M. In other districts the polls must not be opened before nine oclock A. M., nor kept open less than four hours. Sec. 7. Every qualified elector of the county who has resided in the district for thirty days next preceding the election may vote thereat. Sec. 8. The voting must be by ballot, and when two or more Trustees are to be elected for different terms, the ballots shall designate the respective terms of each. In case of the failure to so designate, the Trustee receiving the greatest number of votes shall serve the longest term, and the one receiving the second greatest number the next longest term, and so on. Sec. 9. Any person offering to vote may be challenged by any elector of the district, and the Judges of Election must thereupon administer to the person challenged, an oath in substance as follows: You do swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this State one year, in this county thirty days, and in this school district thirty days next preceding this election, and that you have not before voted this day. If he takes the oath prescribed in this section his vote must be received, otherwise his vote must be rejected. |
New districts.
Polls to be kept open.
Voting by ballot.
Voter may be challenged. |
κ1885 Statutes of Nevada, Page 114 (CHAPTER 88)κ
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Distribution of school moneys. |
section his vote must be received, otherwise his vote must be rejected. Illegally voting under this Act shall be punished the same as the law now provides for punishing offenses of this character. Sec. 10. A poll and tally list must be kept and returned to the Board of Trustees. Sec. 11. The officers of election must, after counting the votes, make and deliver certificates of election to the persons elected, a copy of which, with the oath of office attached, must be forwarded to the County Superintendent of Schools. Sec. 12. In any neighborhood or community containing not more than twenty school census children, and where one school can accommodate all the school census children therein, although the most distant school census child resides not to exceed five miles from the school house, but one school shall receive public school money, and the County Superintendent of Public Schools shall decide the school house in which the school shall be kept open. Sec. 13. No school district shall be entitled to receive moneys from the county funds unless there shall be residing in the district at least ten school census children. Sec. 14. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
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County Commissioners may organize and regulate school districts.
New districts. |
Chap. LXXXIX.An Act to amend an Act entitled 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.
[Approved March 12, 1885.]
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 heretofore 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 schools shall be commenced within one hundred and twenty days from the action of the Board of County Commissioners creating such new school districts, |
κ1885 Statutes of Nevada, Page 115 (CHAPTER 89)κ
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days from the action of the Board of County Commissioners creating such new school districts, 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; and provided, further, that no district, organized under the provisions of this Act, shall exceed in size eight miles square; and provided, further, that nothing in this Act shall be held or construed to change, alter or modify the boundaries or limits of any school district in this State which shall have been organized or established on or before the passage of this Act. |
Action void, when. Districts not to exceed eight miles square. Present boundaries not altered. |
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Chap. XC.An Act to amend an Act entitled An Act to provide for the maintenance and supervision of the public schools, approved March 20, 1865.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-two of said Act above-entitled is hereby amended so as to read as follows: Section forty-two. The State Board of Education shall have power, and it is hereby made their duty, to prescribe and cause to be adopted a uniform series of text books in the principal studies pursued in the public schools, to-wit: Spelling, reading, grammar, arithmetic, geography and physiology; and no school district shall be entitled to receive its pro rata of public school moneys unless such text books, as prescribed by the State Board of Education, shall be adopted and used in all the public schools. Orthography, reading, writing, arithmetic, the elements of natural philosophy and geography shall be taught in all the public schools; and in each school above the grade of primary there shall also be taught English grammar, history of the United States, chemistry, and elementary physiology and hygiene, which shall give special prominence to the effects of alcoholic drinks, stimulants and narcotics upon the human system; and in such schools as the Board of Trustees may direct, algebra, geometry, drawing, natural history and philosophy, astronomy, and the elements of bookkeeping, or such of these studies as the Board of Trustees may direct; provided, that the text books shall not be changed oftener than once in four years. Sec. 2. This Act shall take effect and be in force on and after September first, eighteen hundred and eighty-five (1885). |
State Board of Education to prescribe uniform series of text books.
Branches of study to be taught.
In schools above the primary grade special attention to hygiene and effects of stimulants and narcotics. Books not to be changed oftener than once in four years. |
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κ1885 Statutes of Nevada, Page 116κ
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Repeal. |
Chap. XCI.An Act to repeal an Act entitled An Act to provide for the maintenance of public schools in the State of Nevada, approved March 7, 1881.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain Act entitled An Act to provide for the maintenance of public schools in the State of Nevada, approved the seventh day of March, A. D. one thousand eight hundred and eighty-one, is hereby repealed. |
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Appropriating $5,000.
Capitol Commissioners to buy lot and erect building.
Management of construction. |
Chap. XCII.An Act to provide for the purchase of grounds at Carson City, Nevada, and the erection thereon of a State building, to be used for a State printing office, armory, committee rooms and storage purposes.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand dollars is hereby appropriated out of any money in the General Fund of the State treasury, not otherwise appropriated, for the purpose of purchasing grounds at Carson City, Nevada, and the erection thereon of a State building, to be used for a State printing office, armory, committee rooms and for storage purposes. Sec. 2. The Board of Capitol Commissioners shall, within sixty days after the approval of this Act, purchase such lot, tract or piece of land convenient to the state Capitol building as in their judgment will best subserve the interest of the State, and shall at or before the expiration of said sixty days commence the construction thereon of a State building, which building shall be completed and ready for occupancy on or before the first day of September, eighteen hundred and eighty-five. Sec. 3. The Board of Capitol Commissioners shall have charge and the management of the construction of said building, and shall have power and authority to have the same constructed through the employment of day labor or by contract, and may purchase material to be used in its construction in open market or through contract; provided, that the entire foundations and walls of said building shall be constructed of dressed stone and rubble, prepared by convict labor at the Nevada State Prison. |
κ1885 Statutes of Nevada, Page 117 (CHAPTER 92)κ
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be constructed of dressed stone and rubble, prepared by convict labor at the Nevada State Prison. Sec. 4. The plans and specifications for said building, not to exceed in cost fifty dollars, shall be agreed upon and adopted by the Board of Capitol Commissioners, and no change or variations from said adopted plans and specifications shall be made whereby the contractor shall have or be entitled to any additional allowance in excess of the amount named in the contract. Sec. 5. On the application of the Board of Capitol Commissioners to the Board of State Prison Commissioners requesting dressed stone and rubble prepared by convict labor at the Nevada State Prison to be used in the construction of said building, it shall be the duty of the Board of Prison Commissioners to direct the Warden to furnish said Capitol Commissioners such amount of dressed stone and rubble as they may require; provided, that [if] the Board of Capitol Commissioners enter into a contract with any person or persons for the construction of said building, the contract shall state the number of perch or cords of stone to be furnished and delivered to the contractor at the prison. Sec. 6. The Board of Capitol Commissioners shall have power to regulate the manner and amounts to be paid the contractor as work on the building progresses, and on the completion and acceptance of the building the full remaining amount shall be paid. Sec. 7. All claims and demands against said building shall be audited and paid as other claims against the State. |
Convict labor.
Plans and specifications.
Stone to be furnished by Warden,
Claims of contractor.
How paid. |
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Chap. XCIII.An Act to amend an Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, approved March 9, 1865, and supplementary thereto.
[Approved March 12, 1885.]
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. All property, of every kind and nature whatsoever, within this State shall be subject to taxation, except: First-All lands and other property owned by the State, or by the United States, or by any county, municipal corporation, town, or village in this State, and all public school-houses, |
All property to be taxed. |
κ1885 Statutes of Nevada, Page 118 (CHAPTER 93)κ
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Except such as is owned by the State, the United States, towns, cities and school districts. Mines and mining claims.
Buildings used for religious worship to value of $5,000.
Certain property of charitable societies to value of $5,000.
Public graveyards.
Widows and orphans.
Delinquent taxpayer. privilege of. |
school-houses, with the lots appurtenant thereto, owned by any legally created school district within the State; provided, that when any of the property mentioned in this subdivision is used for any other than public purposes, and a rent or valuable consideration is received for its use, the same shall be taxed. Second-Mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this State, or the proceeds of the mines; and provided, further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States. Third-Churches, chapels, and other buildings used for religious worship, with their furniture and equipments and the lots of ground on which they stand, used therewith and necessary thereto; provided, that the amount so exempt shall in no case exceed the sum of five thousand dollars for any one church, chapel, or other building used exclusively for religious worship; and provided, further, that when any such property is used for any other than for church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed. Fourth-The funds, furniture, and paraphernalia, and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used exclusively for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization. Fifth-All cemeteries and graveyards, set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein. Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; provided, that no such exemption shall be allowed to any but actual bona fide residents of this State, and shall be allowed in but one county in this State to the same family, and the party or parties claiming such exemption, or someone in their behalf, shall make an affidavit before the County Assessor of such residence, and that such exemption has been claimed in no other county in this State for that year. Sec. 2. Section twenty-four of said Act is hereby amended so as to read as follows: Section twenty-four. At any time after the last day of November and before the institution of suit as in this Act provided, where the amount of taxes exceed three hundred dollars, and before the sale of property where the amount of the taxes does not exceed three hundred dollars, |
κ1885 Statutes of Nevada, Page 119 (CHAPTER 93)κ
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of the taxes does not exceed three hundred dollars, any delinquent taxpayer, upon a certificate from the Auditor (giving a description of the property and the taxes thereon) may pay to the ex-officio Tax Receiver the taxes assessed against said delinquent with ten per centum addition, by way of penalty thereon; taking from the ex-officio Tax Receiver duplicate receipts for the amount paid, one of which shall be filed with the County Auditor, and the other, in cases where the amount of taxes, exclusive of the penalty for delinquency and exclusive of poll tax, exceed three hundred dollars, shall be filed with the District or Prosecuting Attorney of the county. After having been served by any person with the duplicate tax receipts of the ex-officio Tax Receiver for the total amount of taxes due from such person, or upon a piece of property with ten per centum additional, the District or Prosecuting Attorney shall not commence the suit authorized by this Act against such person or property; provided, that if any person shall fail to serve said receipt, said person shall pay all costs that may result from his or her negligence. The additional ten per centum provided for by this section shall be paid into the county treasury for the use of the county. Sec. 3. Section twenty-eight of said Act is hereby amended so as to read as follows: Section twenty-eight. The Auditor shall, within three days after receiving the delinquent list, make out and deliver to the District and Prosecuting Attorney of his county, a list duly certified to by him of all delinquencies, where the delinquent tax, exclusive of poll taxes and penalties, exceeds the sum of three hundred dollars, charging him therewith, and shall at the same time give notice by publication in some newspaper in the county, if there be any, and if not then by posting notices in three public places in the county, that the said list has been deposited with the District or Prosecuting Attorney, and that unless the delinquent taxes therein specified are paid to the Treasurer, as ex-officio Tax Receiver, within twenty days from the publication or posting of such notices, action will be commenced by the District or Prosecuting Attorney for the collection of said taxes and costs. The Auditor shall make, or procure and file with the District or Prosecuting Attorney, an affidavit stating the contents of said notice, and the manner and time of such publication or posting as required by this section. The District or Prosecuting Attorney, before receiving the delinquent list as provided in this section, shall enter into such additional bonds as may be required by the Board of County Commissioners. |
Ten per cent penalty
Duties of officers.
Delinquent tax list to be delivered to District Attorney.
Notice by publication or posting.
Auditor to make affidavit.
District Attorney, additional bonds. |
κ1885 Statutes of Nevada, Page 120 (CHAPTER 93)κ
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Actions in the name of the State.
Suit against real estate and all owners known of unknown
Sale of property.
Publication
Cost not to exceed $2.
Redemption in six months. |
Sec. 4. Section twenty-nine of said Act is hereby amended so as to read as follows: Section twenty-nine. The District or Prosecuting Attorneys of the several counties of this State are hereby authorized and directed, immediately after the time specified in the preceding section, to commence action in the name of the State of Nevada against the person or persons so delinquent, and against the real estate and improvements assessed, so delinquent, and against all owners known or unknown, to recover such delinquent taxes; in all cases where the delinquency, exclusive of poll tax and penalties, exceeds the sum of three hundred dollars, such actions may be commenced in the county where the assessment is made, before any court in said county having jurisdiction of the amount thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes, exclusive of poll taxes and penalties sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons or owner or owners, known or unknown. Sec. 5. Section thirty-seven of said Act is hereby repealed. Sec. 6. Immediately after the last Monday in November of each year, the County Treasurer and ex-officio Tax Receiver shall advertise the property, upon which such delinquent taxes are a lien, for sale; in all cases where the delinquent tax, exclusive of poll taxes and penalties, does not exceed the sum of three hundred dollars, such sale to be made at the court-house door of the county on the third Monday in January next succeeding; such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least three public places in each township where delinquent property is situated, such posting to be at least twenty days prior to the day of sale; provided, that the cost of such publication shall not exceed two dollars for each or any case of delinquency. Such notice shall specify and give, first, the name of the owner if known; second, the amount of taxes due from him together with the penalty and costs; third, the description of the property on which such taxes are a lien and which will be sold for the payment thereof; fourth, and that ten per cent. on such taxes and cost of advertising will be collected in addition to the original tax, or the property sold for all of said sums, specifying the time and place of said sale, and that such sale is subject to redemption within six months after the date of sale by payment of all of said sums with three per cent. per month thereon from date of sale until paid. |
κ1885 Statutes of Nevada, Page 121 (CHAPTER 93)κ
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paid. The bidding at such sale shall be as now provided by law as to bidders at tax sales; provided, that such redemption may be made in accordance with the provisions of the Civil Practice Act of this State in regard to real property sold under execution, except as to percentage of redemption as in this section provided. Sec. 7. After receiving the amount of taxes, penalty and costs, the Treasurer shall make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed, if the land is not sooner redeemed; provided, that if no one else shall bid upon any piece of land at such sale, the Treasurer shall bid the same in for the benefit of the county and State, and file a certificate thereof with the County Recorder, and the same shall be subject to redemption from the Treasurer the same as from a private purchaser, and if not redeemed, the title thereto shall vest in the county for the benefit of the county and State, and may be disposed of as now provided by law. One of the duplicate certificates of sale issued by the Treasurer, in case of a private purchaser, shall be filed in the office of the County Recorder. Sec. 8. If the property is not redeemed within the time allowed by law for its redemption, the Treasurer, or his successor in office, must make to the purchaser, or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale, and that no person has redeemed the property during the time allowed for its redemption. The Treasurer shall be allowed a fee of three dollars for making such deed, which, together with the cost of acknowledging the same, shall be paid by the purchaser; provided, that when the deed is made to the county as the purchaser, the Treasurer shall make the deed and the County Clerk shall take the acknowledgment without charge. Sec. 9. This Act shall take effect and be in force from and after its passage, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed; and provided, that nothing in this Act shall apply to the collection of any taxes levied or assessed for the year A. D. eighteen hundred and eighty-four, or for any previous year, but all such taxes shall be collected according to and under the provisions of law in force prior to the passage of this Act. |
Provision for redemption.
Tax sale, certificate of.
Deed for tax sale, how given.
Fee, $3.
Other Acts repealed. |
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κ1885 Statutes of Nevada, Page 122κ
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Summons, when returnable. For arrest. Non-resident.
Suit brought in adjoining township.
Service by publication of summons. |
Chap. XCIV.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, 1883.
[Approved March 12, 1885.]
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 five hundred and seventeen. The time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows: First-When the summons is accompanied with an order to arrest the defendant, it shall be returnable immediately. Second-When the defendant is a non-resident of the township or city, or when the plaintiff is a non-resident, it shall be returnable not more than two days from its date and shall be served at least one day before the time for appearance, except in cases where it is to be served by publication, or out of the State, or by posting notices thereof, when it shall be made returnable at any time designated by the Justice, not less than six weeks nor more than four months from its issuance. Third-In all other cases it shall be returnable in not less than two nor more than ten days after its date, and shall be served at least two days before the time for appearance; provided, that in cases where an action is brought in an adjoining township because there is no Justice in the proper township, it shall be returnable in not less than five nor more than ten days after its date. Fourth-When the person on whom the service is to be made resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State or conceals himself to avoid the service of summons, or being a corporation or joint stock association, cannot be served as provided in section twenty-nine, and the fact shall appear by affidavit to the satisfaction of the Justice, thereof, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such Justice may grant an order that the service be made by the publication of the summons. Fifth-The order shall direct the publication to be made in a newspaper to be designated by the Justice as most likely to give notice [to] the person to be served, for a period of six weeks, and at least once a week during said time. |
κ1885 Statutes of Nevada, Page 123 (CHAPTER 94)κ
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week during said time. In case of publication, where the residence of the non-resident or absent defendant is known, the Justice shall also direct a copy of the summons and complaint to be deposited in the postoffice, postage prepaid, directed to the person or corporation to be served, at residence of such person or place of business of such corporation. When publication is ordered, personal service of a copy of the summons and complaint out of the State shall be equivalent to publication and deposit in the postoffice. The service of summons shall be deemed complete in case of publication, at the expiration of six weeks from the first publication, and in case where a deposit of a copy of the summons in the postoffice is also required, at the expiration of six weeks from such deposit; in action upon contracts for the direct payment of money, evidenced by written instrument, the Court may, instead of ordering publication, appoint an attorney to appear and answer for the non-resident, absent or concealed defendant, and conduct the proceedings on his part; but in such case where the residence of the defendant is known, a copy of the summons shall be deposited in the postoffice and addressed to the defendant, as in other cases, and the attorney so appointed shall not appear until the returned day named in the summons. Sixth-All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Summons of non-resident person or corporation.
Service, when deemed complete.
Direct payment of money. Court may appoint attorney for non-resident, absent or concealed defendant. |
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Chap. XCV.An Act to amend section five hundred and eleven of 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 March 2, 1871.
[Approved March 12, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five hundred and eleven of the above-entitled Act is hereby amended so as to read as follows: Section five hundred and eleven. No person shall be held to answer to any summons issued against him from a Justice Court, in a civil action, in any township, precinct or city other than the one in which he resides, except in the cases following: First-When there shall be no Justice Court for the township, precinct or city in which the defendant may reside, or no Justice competent to act in the case. |
Persons held to answer in township of their residence, except in certain cases. |
κ1885 Statutes of Nevada, Page 124 (CHAPTER 95)κ
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Joint debt.
Injury to person or property. Personal property unjustly taken.
Defendant non-resident.
Contract to perform obligation at certain place.
Foreclosure of mortgage or enforcement of lien.
Repeal. |
Second-When two or more persons jointly, or jointly and severally, bound in debt or contract, or otherwise jointly liable in the same action, and reside in different townships, precincts or cities of the same county, or in different counties, the plaintiff may prosecute his action in a Justice Court of the township, precinct or city in which any of the debtors or other persons liable may reside. Third-In case of injury to the person, or to real and personal property, the plaintiff may prosecute his action in the township, precinct or city where the injury was committed. Fourth-When personal property unjustly taken or detained is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township, precinct or city in which the property may be found, or in which the property was taken. Fifth-When the defendant is a non-resident of the county he may be sued in any township, precinct or city wherein he may be found. Sixth-When a person or persons has or have contracted to perform any obligation or contract at a particular place and resides or reside in another township, precinct or city, he or they may be sued in the township, precinct or city in which such obligation or contract is to be performed, or in which he or they reside, and for the purposes of this Act the township, precinct or city where the goods were delivered or money loaned shall be intended to mean the place where the obligation is to be performed, and where the person or persons may be sued, at the option of the plaintiff. Seventh-When the foreclosure of a mortgage or the enforcement of a lien upon real or personal property is sought by action, the plaintiff may sue in the township, precinct or city where the property is situated; provided, that in the county-seat of any county, and also in every incorporated city, irrespective of the residence of the defendant, and irrespective of township or precinct lines. Sec. 2. All Acts and parts of Acts in conflict with this Act, are hereby repealed. |
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Compensation of Lincoln county officers after Jan. 1, 1887. |
Chap. XCVI.An Act fixing the salaries of county officers.
[Approved March 13, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, eighteen hundred and eighty-seven, the officers of Lincoln county shall receive the annual salaries and compensations specified in this Act and no more, to be paid in twelve equal payments to be made on the second Monday of each month. |
κ1885 Statutes of Nevada, Page 125 (CHAPTER 96)κ
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equal payments to be made on the second Monday of each month. Sec. 2. The Sheriff shall receive nine hundred dollars per annum, and when it becomes necessary in criminal cases to travel a greater distance than twenty miles from the county seat, and in civil cases in which actual expense is necessarily incurred, he shall make and present to the Board of County Commissioners a bill of the items of expense actually and necessarily incurred by him, certified under oath, and the board shall order the bill to be paid when it is shown that all the items are correct, but they shall not order any portion to be paid unless it shall appear that every item of expense was actually incurred and was actually necessary, and that the amount of each item is no greater than actually necessary; the County Clerk shall receive five hundred dollars per annum; the County Treasurer shall receive eight hundred dollars per annum; the District Attorney shall receive eight hundred dollars per annum; the Recorder and Auditor shall receive fourteen hundred dollars per annum; the Assessor shall receive fourteen hundred dollars per annum; the County Commissioners shall each receive two hundred dollars per annum; the Superintendent of Public Schools shall receive two hundred dollars per annum. Sec. 3. The officers named shall, on and after the first day named in the first section of this Act, collect and safely keep all fees, percentages and compensations allowed by law for services rendered by them or their deputies, and on the first Monday in each month pay the same to the County Treasurer; and they shall at the end of each month make out and file duplicate copies, with the County Treasurer and Board of County Commissioners, of a full and accurate statement of such fees, percentages and compensations received during the month, and shall each keep a book in which shall be entered by items the services performed by them or their deputies, which shall at all times be open to the inspection of every citizen. Sec. 4. No officer named in this Act shall perform any service, except for the county, until the fees prescribed by law are paid; and if any officer shall refuse or neglect to collect such fees, he and his bondsmen shall be liable in double the amount of such fees, to be recovered in any court of competent jurisdiction. Sec. 5. All fees, percentages and compensations collected and paid to the County Treasurer, as provided in this Act, shall be kept in a fund, which is hereby created, and is to be known as the Salary Fund. All warrants for the payment of salaries and compensations provided in this Act shall be drawn upon said fund. Whenever there shall be a surplus in the Salary Fund the Board of County Commissioners may transfer said surplus to the General Fund, |
Sheriff.
County Clerk. Treasurer. District Attorney. Recorder and Auditor Assessor. County Commissioners. Superintendent of Schools.
Fees to be collected and paid into county treasury. Duplicate reports.
Record of service.
Fees to be collected in advance. Penalty.
Salary Fund created. |
κ1885 Statutes of Nevada, Page 126 (CHAPTER 96)κ
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Surplus or deficiency.
State to allow Lincoln county for services of officers.
Semiannual settlements
Repeal. |
surplus in the Salary Fund the Board of County Commissioners may transfer said surplus to the General Fund, and when there shall be a deficiency they may transfer from the General Fund to the Salary Fund a sum sufficient to meet warrants drawn against said Salary Fund. Sec. 6. The State of Nevada shall allow the county of Lincoln county for Lincoln for the services named in the Revenue Act, for the Auditor, a sum equal to the proportion of the State tax to the whole tax levied in the county, on the basis of one hundred dollars per month for that officer; for the Assessor, a sum equal to the proportion of the State tax to the whole tax levied in the county, on the basis of the salary allowed by this Act; for the Treasurer, four per cent. on all moneys paid to the State after deducting school moneys. These allowances shall be made at the time of the semi-annual settlement provided by law, upon vouchers furnished the County Treasurer by the Board of County Commissioners. Sec. 7. All Acts and parts of Acts, insofar as they may conflict with the provisions of this Act, are hereby repealed. |
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Eureka county officers salaries.
Assessor. Treasurer. District Attorney. Superintendent of schools. Commissioners. Fees to be collected. |
Chap. XCVII.An Act fixing the salaries of certain county officers in the county of Eureka in this State, and other matters relating thereto.
[Became a law March 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, A. D. eighteen hundred and eighty-seven, the following-named county officers in the county of Eureka 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. The Assessor of said county of Eureka shall receive three thousand dollars per annum; the Treasurer of said county shall receive the sum of eighteen hundred dollars per annum; the District Attorney shall receive the sum of eighteen hundred dollars per annum; the Superintendent of Public Schools shall receive the sum of three hundred dollars per annum; and the County Commissioners shall each receive the sum of six hundred dollars per annum. Sec. 3. The several officers named in this Act shall, from and after the first day named in the first section of this Act, collect and safely keep all fees and percentages of whatever nature or kind allowed them by law for services rendered by them or their deputies in their several official capacities, and they shall, on the first Monday in each month after said date, pay the same to the County Treasurer of said county. |
κ1885 Statutes of Nevada, Page 127 (CHAPTER 97)κ
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whatever nature or kind allowed them by law for services rendered by them or their deputies in their several official capacities, and they shall, on the first Monday in each month after said date, pay the same to the County Treasurer of said county. Sec. 4. The several officers named in this Act shall, at the expiration of every month (except the County Commissioners), 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, and 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 compensation, fees or percentages were received, and it shall be the duty of each 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. Sec. 5. For a willful neglect or refusal to comply with the provisions of this Act, or for any one or more of them, any officer or officers herein named shall, on conviction, be subject to a fine not exceeding five thousand dollars, to forfeit his or their offices, to imprisonment in the State Prison not less than one year nor more than three years, or to any one or more of said penalties at the discretion of the court; provided, that nothing in this section shall be held to release them from the giving of any bonds required by law, or from any civil responsibility to any and all persons in relation to the business of their said offices that may be by other laws applicable to their said official duties. Sec. 6. No officer named in this Act shall perform any service until the fees prescribed by law are paid; provided, that if any officer shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction. Sec. 7. All fees and emoluments collected by the several officers under the provisions of this Act shall be paid upon a statement made, under oath, to the County Treasurer on the first Monday of each month, and by him kept in a fund to be known as the Salary Fund, and all warrants for the payment of the salaries provided by this Act shall be drawn upon said Salary Fund. Whenever there is a surplus in said fund the Board of County Commissioners may transfer it to the General Fund, and whenever there is a deficiency the Board of County Commissioners shall transfer to the Salary Fund from the General Fund a sufficient sum to meet all warrants drawn against said Salary Fund; |
Monthly reports.
Neglect of duty, how punished.
Fees in advance.
Paid into county treasury. |
κ1885 Statutes of Nevada, Page 128 (CHAPTER 97)κ
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Salary Fund
Repeal. |
ficiency the Board of County Commissioners shall transfer to the Salary Fund from the General Fund a sufficient sum to meet all warrants drawn against said Salary Fund; but the provisions of this Act shall not apply to any county officer whose term of office does not expire until after the first Monday in January, A. D. eighteen hundred and eighty-seven. Sec. 8. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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I, John M. Dormer, Secretary of State of the State of Nevada, do hereby certify that the foregoing bill having remained in the possession of the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has become a law by virtue of the provisions of Article IV., Section 35, of the Constitution of the State of Nevada; and I further certify that the original copy thereof is now on file and of record in this office.
JOHN M. DORMER, Secretary of State. |
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County warrants payable in order of issuance.
Transfer of money. |
Chap. XCVIII.An Act relating to county certificates of indebtedness, or warrants.
[Became a law March 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All warrants or certificates of indebtedness issued by County Auditors, as such, shall be paid in the order in which they are issued; provided, that whenever any county warrant or certificate of indebtedness shall not be presented for payment within six months after notice shall have been given that said warrant or certificate is payable, the money held for payment of such warrant shall be paid out as other county funds, but whenever any warrant as aforesaid shall thereafter be presented the same shall be deemed then due and payable; and provided, further, that nothing in this Act shall be so construed as to prevent the transfer of money from one county fund to another, as provided by law. Sec. 2. All Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
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I, John M Dormer, Secretary of State of the State of Nevada, do hereby certify that the foregoing bill having remained in the possession of the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, |
κ1885 Statutes of Nevada, Page 129 (CHAPTER 98)κ
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ernor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has become a law by virtue of the provisions of Article IV., Section 35, of the Constitution of the State of Nevada; and I further certify that the original copy thereof is now on file and of record in this office.
JOHN M. DORMER, Secretary of State. |
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Chap. XCIX.An Act to amend an Act entitled An Act to regulate fees and compensations for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883.
[Became a law March 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said Act is hereby amended so as to read as follows:
Section thirteen. Justices of the Peace shall be allowed the following fees for their services: For filing each paper, twenty-five cents; for issuing any writ or paper by which suit is commenced, one dollar; for entering cause in docket, fifty cents; for subpena to each witness, twenty-five cents; for administering oath or affirmation, twenty-five cents; certifying to same, twenty-five cents; for issuing writ of attachment, or arrest, or order for delivery of property, two dollars; for entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents; for taking and approving any bond or undertaking required by law to be taken or approved by him, one dollar; for issuing a venire, one dollar; for taking depositions, per folio, twenty-five cents; for issuing commissions to take testimony, one dollars; for copy of any judgment, order, docket, proceeding, or paper in his office, per folio, twenty-five cents; for entering satisfaction of judgment, fifty cents; for issuing execution, one dollar; for taking acknowledgment of deeds or other instruments, including certificates, for the first name, one dollar; for each subsequent name, twenty-five cents; for issuing supersedeas to an execution, one dollar; for making up and transmitting transcript and papers on appeal, two dollars; for issuing search warrant, one dollar; for celebrating marriage and returning certificate to the Recorder, five dollars; for issuing writ of restitution, one dollar; for all services and proceedings in a criminal action, |
Justices of the Peace, fees of. |
κ1885 Statutes of Nevada, Page 130 (CHAPTER 99)κ
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Constables, fees of. |
services and proceedings in a criminal action, the same fees as are allowed in civil cases; but in no case shall there be a charge against the county exceeding, in any one case, the sum of ten dollars; for taking bail after commitment in criminal cases, to be collected from the defendant, one dollar; for issuing commitment, one dollar; for entering any cause without process, one dollar; for entering judgment by confession, as in the District Court, three dollars; for each motion, exception, rule, order, default, dismissal, discontinuance, or non-suit, and for filing each paper required to be filed, twenty-five cents. Sec. 2. Section seven of said Act is hereby amended so as to read as follows: Section seven. Constables shall be allowed the following fees for their services: For serving summons or other process by which suit is commenced in civil cases, one dollar; for summoning a jury before a Justice of the Peace, two dollars; for taking a bond or undertaking, one dollar; for serving an attachment against the property of a defendant, two dollars; for serving subpenas, to each witness, twenty-five cents; for summoning and swearing a jury to try the rights of property, and taking the verdict, two dollars; for receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the Justice who issues the execution, upon the affidavit of the Constable that such charges are correct, and the expenses necessarily incurred; for a copy of any writ, process or other paper, when demanded or required by law, per folio, thirty cents; for drawing and executing every Constables deed, to be paid by the grantee, who shall also pay [for] the acknowledgment thereof, five dollars; for each certificate of sale of real estate under execution, one dollar; for collecting all sums on execution, to be charged against the defendant in execution, two per cent.; in levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property, with traveling fees, as for summons, two dollars; for making and posting notices and advertising property for sale on execution, not to include the cost of publication in a newspaper, two dollars; for mileage in serving summons, attachments, executions, orders, venire, subpena, or other process in civil cases, for each mile necessarily traveled, in going only, fifty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction; for services and travel in criminal cases, the same fees [as] are allowed Sheriffs for like services; for all other services, except for attending court, the same fees as are allowed to Sheriffs for similar services. |
κ1885 Statutes of Nevada, Page 131 (CHAPTER 99)κ
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Sec. 3. This Act shall apply to Ormsby and Humboldt counties only.
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Ormsby and Humboldt. |
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I, John M. Dormer, Secretary of State of the State of Nevada, do hereby certify that the foregoing bill having remained in the possession of the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has become a law by virtue of the provisions of Article IV., Section 35, of the Constitution of the State of Nevada; and I further certify that the original copy thereof is now on file and of record in this office.
JOHN M. DORMER, Secretary of State. |
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Chap. C.An Act to provide for the preservation of the records of the Secretary of State and State Land Offices of the State of Nevada.
[Became a law March 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, State Controller and State Treasurer are hereby constituted a Board of Commissioners for the purpose of erecting a fire-proof vault, for use jointly, by the Secretary of State and State Land Register. Sec. 2. The board, as constituted herein, shall have power to contract for and supervise the construction of a suitable vault in the offices of the Secretary of State and State Land Register. The Warden of the State Prison shall cause to be prepared and delivered to said Board of Commissioners, at the State Prison, free of charge, such stone as may be required for the erection of said vault. Sec. 3. All debts contracted under the provisions of this Act shall be allowed, audited and paid in the same manner as other proper charges against the State, after first receiving the approval of said Board of Commissioners. Sec. 4. The sum of two thousand five hundred dollars is hereby appropriated out of any moneys now in or hereafter coming into the General Fund not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, and any money remaining at the completion of the work shall revert to the General Fund. Sec. 5. It shall be the duty of the said Board of Commissioners to make a full report of its acts to the next Legislature. |
Commissioners constituted.
Powers of.
Bills, how paid.
Appropriating $2,500.
Report. |
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I, John M. Dormer, Secretary of State of the State of Nevada, do hereby certify that the foregoing bill having remained in the possession of the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, |
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κ1885 Statutes of Nevada, Page 132 (CHAPTER 100)κ
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ernor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has become a law by virtue of the provisions of Article IV., Section 35, of the Constitution of the State of Nevada; and I further certify that the original copy thereof is now on file and of record in this office.
JOHN M. DORMER, Secretary of State. |
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Treating declared unlawful.
Evasion of this law.
Punishment.
Punishment.
Fine, how collected. |
Chap. CI.An Act to promote habits of temperance, and to prohibit the practice of treating.
[Became a law March 18, 1885.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons to treat or entertain gratuitously any other person or persons to or with any spirituous or malt liquor or liquors, wine or cider, or any beverage whatever, or to or with any other article whatever whereby any spirituous or malt liquor or liquors, wine or cider, or any other beverage, shall be obtained gratuitously, in any public bar-room, saloon, beer hall, or grocery in this State, or in any other public place of resort or amusement in this State. Sec. 2. It shall be unlawful for anyone to attempt to evade the provisions of this Act by any chicanery or subterfuge whatever, such as pretending to sell one article and delivering another, or by falsely pretending to buy or sell any such beverage. Sec. 3. Any person or persons violating the first section of this Act shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than twenty dollars nor less than four dollars, or by imprisonment in the county jail not more than ten days not less than two days, or by both such fine and imprisonment. Sec. 4. Any person or persons violating the second section of this Act shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than fifty dollars nor less then ten dollars, or by imprisonment in the county jail not more than twenty-five days nor less than five days, or by both such fine and imprisonment. Sec. 5. In the event of the failure of any person to pay any fine authorized by this Act, the said fine shall be served out in the county jail at the rate of two dollars a day, and all fines herein specified shall be over and above the costs of court, and fees and charges of the trial. |
κ1885 Statutes of Nevada, Page 133 (CHAPTER 101)κ
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Sec. 6. All moneys collected under the provisions and by the authority of this Act shall be paid into the General School Fund of the county in which the conviction is had. |
Moneys to County School Fund. |
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I, John M. Dormer, Secretary of State of the State of Nevada, do hereby certify that the foregoing bill having remained in the possession of the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has become a law by virtue of the provisions of Article IV., Section 35, of the Constitution of the State of Nevada; and I further certify that the original copy thereof is now on file and of record in this office.
JOHN M. DORMER, Secretary of State. |
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