[Rev. 5/3/2022 8:29:26 PM]
κ1889 Statutes of Nevada, Page 13κ
LAWS OF THE STATE OF NEVADA,
PASSED AT THE
FOURTEENTH SESSION OF THE LEGISLATURE,
1889.
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Chapter I.An Act to create a Legislative Fund.
[Approved January 12, 1889.]
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 warrant 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 Treasurer required to set apart money.
Controller authorized to draw warrant |
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Chap. II.An Act to anthorize the Senate Judiciary Committee to appoint a Clerk.
[Approved January 17, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Judiciary Committee of the Senate is hereby authorized to appoint a Clerk for said committee for the session of eighteen hundred and eighty-nine. |
Judiciary Committee to appoint Clerk |
κ1889 Statutes of Nevada, Page 14 (CHAPTER 2)κ
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Controller to draw warrant |
of eighteen hundred and eighty-nine. The compensation of said Clerk shall be five dollars per day. Sec. 2. The State Controller is hereby authorized and required to draw his warrant upon the Legislature Fund for the payment of said Clerk, and the State Treasurer is authorized and required to pay the same. |
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Treasurer to give notice.
Proposals for surrender of county warrants. |
Chap. III.An Act to amend an Act entitled An Act to make provision for the payment of certain indebtedness now existing, or which may hereafter accrue against White Pine county, approved March 5, 1887.
[Approved January 18, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Three. Whenever at any time there shall be in said redemption fund the sum of five hundred dollars or more it shall be the duty of the County Treasurer of said county to give three weeks notice by publication in the newspaper having the largest circulation published in said county, that sealed proposals directed to him will be received for the surrender of county warrants on the General Fund of said county, issued prior to the passage of this Act, or pursuant to the provisions thereof, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners thereafter. |
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Submitting proposed amendments. |
Chap. IV.An Act to provide for holding a special election in the State of Nevada, and at such election to submit to the people of the State proposed amendments to the Constitution thereof, and other matters pertaining thereto.
[Approved January 19, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A special election shall be held in the State of Nevada on the eleventh day of February, eighteen hundred and eighty-nine, for the purpose of submitting to the people and qualified voters of the State all proposed amendments to the Constitution of the State which are, or shall be at the time of holding such election, in condition, under the Constitution of the State, for submission to the people. |
κ1889 Statutes of Nevada, Page 15 (CHAPTER 4)κ
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Sec. 2. The State Board of Examiners shall order, and cause to be published, such proposed amendments to the Constitution in one daily newspaper, of general circulation, published in the State of Nevada, for a period of two weeks preceding said election. Sec. 3. It shall be the duty of the Secretary of State, at least fifteen days before the day of said election, to prepare and transmit by mail to the several Boards of County Commissioners in this State, duly certified copies of all amendments to be submitted at said election. The several Boards of County Commissioners, at least one week before the date of said election, shall cause their several Clerks to make out and deliver to the Sheriff of their county a proclamation of the purposes of said election. Printed or written copies of such proclamation shall be, prior to said election, posted in a conspicuous place at the polling place and house in each precinct in the several counties in this State where the election is held, by the Sheriffs of said counties respectively, or by their duly authorized deputies, and said Commissioners shall cause said proclamation to be published, not less than five days prior to the day of said election, in a newspaper of general circulation in their county, if any be published therein. The proclamation to be made by said Commissioners shall be substantially as follows:
ELECTION PROCLAMATION.
Notice is hereby given that on Monday, the eleventh day of February, eighteen hundred and eighty-nine, at the house of ______ (stating the city, ward, town, district or precinct), of ______, in the county of ______, an election will be held between the hours of eight oclock a.m. and six oclock p.m. of said day, for the adoption or rejection by the qualified voters of the State, of the following proposed amendments to the Constitution thereof, to-wit: Amendment number ______ of section number ______ of Article ______ of the Constitution, as follows: (To be followed by the proposed amendment in full.) Amendment number ______ of section number ______ of Article ______ of the Constitution, etc. Dated this ______ day of ______, A.D. eighteen hundred and eighty-nine. [Signed]: N.B., Clerks of the Board of County Commissioners. Sec. 4. It shall be the duty of the Secretary of State, immediately upon the passage of this Act, to prepare and transmit to the several Boards of County Commissioners in this State an authenticated copy thereof, and fifteen days before said election a certified list containing the numbers of the proposed amendments to the Constitution to be submitted at the election, with a reference to the sections and articles thereof to which said amendments relate. Sec. 5. On or before the making of the proclamation herein provided for, the several Boards of County Commissioners in this State shall select and appoint suitable persons, who shall be citizens and qualified voters in the State and in the precinct where they are appointed, to act as Inspectors and officers of said election; |
Board of Examiners to publish.
Secretary of State to transmit by mail.
Duties of County Commissioners.
Form of proclamation.
Secretary of State to transmit.
Inspectors and officers of election. |
κ1889 Statutes of Nevada, Page 16 (CHAPTER 4)κ
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Color, size and form of ballots.
Variance in form not to invalidate.
To canvass without delay
Certifying to correctness of abstracts.
Justices of Supreme Court to canvass and declare result. |
said election; such officers and Inspectors of election shall be selected and appointed as now provided by law; and they shall perform such duties in holding said election, and in making due returns thereof, as are required by the general election laws of this State, so far as the same are not inconsistent with or in conflict with the provisions of this Act. Sec. 6. It shall be the duty of the Board of County Commissioners, at the time of issuing their election proclamation, as provided in section three of this Act, which shall be a part of said proclamation, to designate the color, size and form of all ballots to be used at said election. On all ballots voted at such election a printed or written reference shall be made to the amendments to the Constitution voted on, in substantially the following form:
CONSTITUTIONAL AMENDMENTS.
No. ______, To amend Section ______, Article ______, Yes; or, No. ______, To amend Section ______, Article ______, No. Any variance from such form, in any ballot cast at said election, shall not be construed as to invalidate the same; provided, it can be ascertained with reasonable certainty therefrom what amendment or amendments to the Constitution were voted for or against by such ballots. Sec. 7. As soon as the polls of the election shall be finally closed the Inspectors shall immediately proceed to canvass the vote given on the amendments at such election, and the canvass shall be public and continue without delay or adjournment until completed. Such canvass shall be substantially in form and manner as is now provided by law for holding general elections in this State, and the same shall be completed by said Inspectors and duly returned to the Boards of County Commissioners, as now provided by law, within five days after the closing of the polls at said election. Sec. 8. When the returns of said election shall be received by the Boards of County Commissioners, they shall forthwith proceed to open said returns and make abstracts of the votes on the amendments submitted at said election, which abstracts shall be on one sheet if practicable, and it shall be the duty of said Boards, or the Chairmen thereof, to certify to the correctness of such abstracts, and within three days from the date said returns are received by them, to cause the Clerks thereof to transmit by mail to the Secretary of State, at the seat of government, duly certified copies of such abstracts. Sec. 9. Immediately after said abstracts and returns shall be received by the Secretary of State, the Chief Justice of the Supreme Court and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and open and canvass the returns and abstracts of such election, and forthwith declare the result, and publish the amendments adopted, by reference to the number of the amendments, and the section and article of the Constitution amended, and all returns received by the Secretary of State shall be canvassed on or before February twenty-seventh, eighteen hundred and eighty-nine. |
κ1889 Statutes of Nevada, Page 17 (CHAPTER 4)κ
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Sec. 10. If the returns of the election of any county in the State shall not be received at the office of the Secretary of State on or before the twenty-fifth day of February succeeding such election, the said Secretary shall forthwith send a messenger to the Clerk of the Board of County Commissioners of said county, whose duties it shall be to forthwith furnish such messenger with a copy of such abstract and returns, and the said messenger shall, by the speediest traveled route to the seat of government, convey the same to the office of said Secretary, and said messenger shall be paid for such service out of the treasury of such county the sum of fifteen cents per mile in going to and returning from said county. Sec. 11. All qualified electors of this State who were registered as voters at the general election held in November, A.D. eighteen hundred and eighty-eight, and who shall continue to be qualified voters and entitled to register as such, at the election herein provided for, shall be entitled to vote at such election without further registration, and the registry lists of voters in the several counties of this State for said year are hereby adopted and shall be used by all officers of the election for all purposes of the election herein provided for, and all qualified voters who were not registered as such prior to said general election in the year eighteen hundred and eighty-eight, or who have become qualified voters since said election, shall be entitled to register as voters at the election herein provided for, upon application as required by law to the Registry Agents in their respective townships, prior to six oclock p.m. on Saturday, the second day of February, eighteen hundred and eighty-nine, when the registry of voters shall be closed. Any further notice than the passage of this Act of the time said registry shall be closed, shall not be required for the purposes of said election. Sec. 12. The general election laws of this State are hereby made applicable to said election in all respects consistent with the provisions of this Act; and all officers of elections under general laws are hereby required to perform all duties at the election herein provided for, which are prescribed by said general laws, so far as the same are applicable to said election. And any County Commissioner, Sheriff, Registry Agent, Clerk, Inspector, Judge of Election, or other officer who shall willfully or intentionally fail, neglect or omit to perform the duties prescribed by law for holding said election, shall be guilty of a misdemeanor in office, and shall, on conviction thereof, be fined not less than three hundred nor more than five hundred dollars, or imprisoned in the county jail not less than three nor more than six months, or both, and shall forfeit and be removed from any office of profit or trust held by him at the time of such conviction. Sec. 13. Any informalities, omissions or defects in the publications, proclamations, notices, or in making the same, as herein provided, or in the other proceeding by the officers thereof, under which said election shall be held, shall not be so construed as to render invalid the adoption, |
Secretary of State to send messenger.
Qualified electors to vote without further registration.
General election laws made applicable.
Informalities, omissions or defects not to render invalid. |
κ1889 Statutes of Nevada, Page 18 (CHAPTER 4)κ
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so construed as to render invalid the adoption, by a majority of the electors qualified to vote for members of the Legislature voting thereon, of any proposed amendment or amendments to the Constitution submitted to the people at said election; provided, it can be ascertained with reasonable certainty from the official returns transmitted to the office of the Secretary of State what amendment or amendments were adopted or rejected by a majority of such electors voting thereon at said election. |
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No charge made. |
Chap. V.An Act in relation to compensation for official services in cases of pensioners.
[Approved January 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No fee or charge shall be made by any State, county or township officer of this State for administering oaths or certifying or acknowledging any paper for United States pensioners in any matter pertaining to their pensions. |
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Amendatory.
Court to charge jury. |
Chap. VI.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 January 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section one hundred and sixty-seven 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 eighth, one thousand eight hundred and sixty-nine, is hereby amended so as to read as follows: Section one hundred and sixty-seven. In charging the jury the Court shall state to them all matters of law which it thinks necessary for their information in giving their verdict, and if it state the testimony of the case, it shall also inform the jury that they are the exclusive judges of all questions of fact. The Court shall furnish to either party, at the time, upon request, a statement in writing of the points of law contained in the charge, or shall sign, at the time, a statement of such points prepared and submitted by the counsel of either party. |
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κ1889 Statutes of Nevada, Page 19κ
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Chap. VII.An Act to authorize the Trustees of School District No. 7 in the town of Winnemucca, Humboldt county, Nevada, to issue bonds for school purposes.
[Approved January 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number Seven in the town of Winnemucca, Humboldt county, Nevada, are hereby authorized to issue bonds for a sum not exceeding fifteen thousand dollars in United States gold coin, none of which bonds shall run for a period longer than twenty years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each, in gold coin, shall bear interest at a rate not exceeding six per cent. per annum, payable annually; they shall be payable to bearer, and coupons for each installment of interest shall be attached to each bond. Sec. 3. The said Board of Trustees are hereby authorized to purchase a suitable piece of ground in said town of Winnemucca, centrally and conveniently located, and build thereon a school building with necessary and proper out-houses and appurtenances, the aggregate cost of said land, building and other improvements not to exceed the sum of fifteen thousand dollars, and the said Board of Trustees shall immediately proceed to issue the bonds herein provided for, and when the same are disposed of, shall proceed, with due diligence, to purchase said land, erect said building and make said improvements in accordance with the provisions of this Act. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Humboldt county. Sec. 5. All moneys received from the sales of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive, and safely keep the same in a fund to be known as the School District Number Seven Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Humboldt county. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said Humboldt county are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes, for the year eighteen hundred and eighty-nine, and annually thereafter, to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. |
Authorized to issue bonds.
Bonds not less than one hundred dollars each.
Trustees to purchase ground.
To dispose of bonds.
Bonds, how signed.
Treasurer to receive and pay money.
County Commissioners to make tax levy |
κ1889 Statutes of Nevada, Page 20 (CHAPTER 7)κ
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To provide for payment of bonds.
Bonds shall be redeemed. |
nine, and annually thereafter, to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the County Treasury and kept by the Treasurer in a fund to be known as the School District Number Seven Interest Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due upon presentation and surrender by the holder of the coupons therefor. Sec. 7. To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall, in the year eighteen hundred and ninety-nine, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situate within said School District Number Seven, sufficient in their judgment to raise the sum of fifteen hundred dollars each year, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax, so as aforesaid levied, for the redemption of said bonds, should exceed the said sum of fifteen hundred dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds, the tax hereby authorized for such purpose, shall cease, and should there be any excess, over and above said sum of fifteen thousand dollars, the amount of such excess shall be transferred to the School Fund of said district. Should the amount of said tax, realized up to and including the year nineteen hundred and nine, be less than the amount necessary for the redemption of said bonds, they shall, nevertheless, be redeemed and paid out of said General Fund, as herein provided, and a special tax shall be levied by the County Commissioners, upon the property within said school district for the year nineteen hundred and ten, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner, and paid into the General Fund of said county. |
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κ1889 Statutes of Nevada, Page 21κ
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Chap. VIII.An Act to provide for the payment, by the State of Nevada, of the expenses of the special election to be held in this State on February 11, 1889.
[Approved January 23, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifteen thousand dollars is hereby set aside out of any money now in the State Treasury of the State of Nevada, not otherwise appropriated, for the purpose of paying the expenses of the various counties in this State of the special election to be held on February eleventh, eighteen hundred and eighty-nine. Sec. 2. The Boards of County Commissioners in the respective counties in this State shall, immediately after ascertaining the expense of said election, certify the same to the State Controller, who shall, upon receipt of such certificate, draw his warrant upon the State Treasurer in favor of the Chairman of each Board of County Commissioners for the amount so certified as being the expenses of said special election in each county. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Paying expenses of counties for the special election.
County Commissioners to certify expense. |
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Chap. IX.An Act to authorize the Board of State Prison Commissioners to erect electric lights on the State Prison grounds.
[Approved January 23, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of State Prison Commissioners are hereby authorized, empowered and directed to construct and erect two electric lights on the State Prison grounds, at such points and places on said grounds as the said Board may deem expedient. Sec. 2. The sum of seven hundred and thirty-eight dollars is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, to defray the expenses of the construction and erection of said electric lights, and the State Controller is hereby directed and required to draw his warrant for said sum, and the State Treasurer is hereby required to pay the same. |
Construction of electric lights.
Amount appropriated. |
κ1889 Statutes of Nevada, Page 22 (CHAPTER 9)κ
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Examiners to audit. |
Sec. 3. All expenditures made by said Board of State Prison Commissioners in carrying out the provisions of this Act, shall be audited by the State Board of Examiners, and no warrant shall be issued by the State Controller for the payment of such expenses unless the same shall have been approved and allowed by said Board of Examiners. |
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Non-resident, corporation or joint stock association. |
Chap. X.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 January 24, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty of said Act is hereby amended so as to read as follows: Section thirty. 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 Court or Judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to the service is to be made, or that he is a necessary or proper party to the action, such Court or Judge may grant an order that the service be made by the publication of the summons. |
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Presumed to contain all evidence. |
Chap. XI.An Act relating to statements on appeal and motions for new trial.
[Approved January 24, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all cases wherein a statement on appeal or motion for new trial is required to be filed, such statement, when settled or agreed to shall be presumed to contain all of the evidence and other matters pertinent to the proper presentation of the question or questions involved in said appeal or motion, unless the contrary affirmatively appears in such statement. |
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κ1889 Statutes of Nevada, Page 23κ
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Chap. XII.An Act to amend an Act entitled An Act to restore lost records, approved February 16, 1881.
[Approved January 24, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section three. Upon the making and filing of the said affidavits, the Court, or the Judge thereof, shall thereupon issue a citation to all parties interested, notifying them to appear and show cause why the record referred to in said case should not be restored, and that in said notice or citation shall be set forth that the motion to restore said lost record is based upon affidavit on file in said Court, and if the hearing of said case is before the District Court, ten days notice shall be given to all parties interested, or if the same is before a Justice Court, not less than five nor more than ten days notice shall be required. |
Interested parties to show cause. |
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Chap. XIII.An Act to amend an Act entitled An Act relating to and consolidating certain county officers in the State of Nevada, approved February 23, 1887.
[Approved January 24, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section one of an Act entitled An Act relating to and consolidating certain county officers in the State of Nevada, approved February twenty-three, eighteen hundred and eighty-seven, is amended so as to read as follows: Section one. On and after the first Monday in January, A.D. one thousand eight hundred and ninety-one, in all counties in the State of Nevada containing a voting population of three hundred and thirty-five to six hundred and seventy, to be determined by the vote cast for Member of Congress therein at the last general election preceding the time when the officers hereinafter named are elected for their respective offices, the Sheriffs, in addition to their duties as Sheriffs, shall be ex-officio Assessors, and shall receive one-half the compensation allowed by law to the present County Assessors, unless otherwise hereafter provided by law. |
Consolidating county officers. |
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κ1889 Statutes of Nevada, Page 24κ
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Shall not affect judgment.
Clerk to transmit to Clerk of Supreme Court. |
Chap. XIV.An Act to amend an Act entitled An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada, approved November 26, 1861.
[Approved January 29, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred and seventy-eight of said Act is amended so as to read as follows: Section four hundred and seventy-eight. An appeal taken by the State shall in no case stay or effect the operation of a judgment in favor of the defendant; provided, if the appeal by the State be from an order sustaining a demurrer to an indictment, and upon such appeal said order is reversed, the defendant shall thereupon be liable to arrest and trial upon said indictment. Sec. 2. Section four hundred and eighty of said Act is amended so as to read as follows: Section four hundred and eighty. Upon the appeal being taken, the Clerk with whom the notice of appeal is filed, must, within ten days thereafter, without charge, prepare and transmit to the Clerk of the Supreme Court a copy of the notice of appeal and of the record in said action, and if the appeal be by the State from an order sustaining a demurrer to an indictment, the Clerk shall within said time likewise prepare and forward a certified copy of the indictment, demurrer, order of the Court sustaining said demurrer, and notice of appeal, which copy shall constitute the record on appeal. |
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Unlawful to deposit sawdust. |
Chap. XV.An Act to prevent the pollution of the waters of the lakes, rivers and running streams of this State by sawdust.
[Approved January 29, 1889.]
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, firm, corporation or association to throw or deposit any sawdust in or on the waters of any lake, river or running stream in this State, or to throw or deposit any sawdust in any place where it may be carried or fall into or on the waters of any such lake, river or running stream. Sec. 2. Every person who may violate any of the provisions of this Act, or permit another in his or their employ to violate any of the provisions of this Act, |
κ1889 Statutes of Nevada, Page 25 (CHAPTER 15)κ
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any of the provisions of this Act, or any officer or agent of any firm, corporation, association or person permitting another, subordinate to himself, in the employ of such person, corporation, association or person to violate any of the provisions of this Act, shall be guilty of a misdemeanor, and be punished by fine not exceeding five hundred dollars or imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 3. It shall be no defense to a prosecution for a violation of the provisions of this Act that the lake, river or running stream mentioned in section one of this Act is not wholly within the limits of this State. Sec. 4. This Act shall take effect and be in force from and after its passage. |
Penalty.
Beyond State limits no defense. |
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Chap. XVI.An Act to amend an Act entitled An Act fixing the salaries of the county officers of Lincoln county, and providing for the compensation of a Deputy Sheriff therein, approved February 17, 1887.
[Approved January 30, 1889.]
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. The Sheriff shall receive nine hundred dollars a year, and when it becomes necessary in civil and criminal cases to travel a greater distance than twenty-five miles from the county seat he shall make and present to the Board of County Commissioners a bill of items of expense necessarily and actually incurred and paid, certified under oath, and if the items are shown to be correct, they shall order the bill to be paid at the same time and in the same manner as the next ensuing payment of salary, as is provided in section one of this Act. Sec. 2. Section five of said Act is hereby amended so as to read as follows: Section five. The District Attorney, as District Attorney and ex-officio Superintendent of Public Schools, shall receive one thousand dollars a year. Sec. 3. Section nine of said Act is hereby repealed. Sec. 4. This Act shall take effect and be in force from and after its passage. |
Sheriff shall furnish bill of items. |
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κ1889 Statutes of Nevada, Page 26κ
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Exempt from jury duty. |
Chap. XVII.An Act to exempt certain persons from duty as jurors on account of age.
[Approved January 30, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons of the age of sixty-five years, or over, are hereby exempt from serving as grand or trial jurors, and whenever is shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of sixty-five years, the court shall order said juror excused from all service as a grand or trial juror, if the juror so desires. |
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Writ to issue. |
Chap. XVIII.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved February 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Amend section two hundred and eleven of said Act so as to read as follows: Section two hundred and eleven. The party in whose favor judgment is given, may, at any time within six years after the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter. |
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Paying Daniel T. Morrill. |
Chap. XIX.An Act to authorize and direct the Board of County Commissioners of Storey county, Nevada, to allow and pay the claim of Daniel T. Morrill for the sum of ninety-three dollars.
[Approved February 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Storey county are hereby authorized and directed to allow and pay to Daniel T. Morrill the sum of ninety-three dollars, for services rendered by him in taking down and writing out in long hand the testimony of witnesses given at various Coroners inquests held in the county of Storey during the past two years, upon the presentation to such board, by said Daniel T. |
κ1889 Statutes of Nevada, Page 27 (CHAPTER 19)κ
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rendered by him in taking down and writing out in long hand the testimony of witnesses given at various Coroners inquests held in the county of Storey during the past two years, upon the presentation to such board, by said Daniel T. Morrill, of his claim therefor verified, as other claims against said county are by law required to be verified, within thirty days after the approval of this Act. |
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Chap. XX.An Act for the relief of Company B, Nevada National Guard.
[Approved February 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to Company B, Nevada National Guard, for rent of armory for said company for the months of April, May, June and July, A.D. eighteen hundred and eighty-seven. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Company B, Nevada National Guard, for the sum of three hundred dollars, and the State Treasurer is hereby directed to pay the same. |
Paying Co. B N. N. G. |
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Chap. XXI.An Act to define the term reasonable doubt.
[Approved February 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual and substantial, not mere possibility or speculation. Sec. 2. No other definition of reasonable doubt shall be given by the court to juries in criminal actions in this State. |
Defining reasonable doubt. |
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Warden to prepare monument for G. A. R.
Transportation of monument.
To employ convict labor. |
Chap. XXII.An Act authorizing and directing the Warden of the Nevada State Prison to employ convict labor in the construction of a monument and coping for the Soldiers Cemetery at Carson City, Nevada.
[Approved February 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Warden of the State Prison is hereby authorized and directed to cause to be cut and prepared at the quarry of said prison, with convict labor, so far as such labor may be available, a stone monument for the Soldiers Cemetery, belonging to the Grand Army of the Republic, at Carson City, Nevada, together with sufficient and suitable coping to surround and inclose said cemetery; said monument not to exceed twenty-five feet in height, and to be of such shape and design as the present Warden, F. J. McCullough, may prescribe. Sec. 2. The said Warden is also authorized and directed to employ convict labor, so far as practicable, to assist in the transportation of said monument and coping to said cemetery, and erecting and placing the same in position, under the direction of Custer Post No. 5, Department of California, Grand Army of the Republic. Sec. 3. In performing the work hereby authorized and directed, the Warden shall employ said convict labor at such times and in such manner as, in his judgment, will least interfere with the other necessary work of said prison, and the discipline thereof, making use of all due and reasonable diligence; and it is expressly provided that the State of Nevada shall be at no expense in the construction and placing of said monument and coping, except as such expense may be necessarily involved in the employment of said convict labor, as hereby authorized and directed. |
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Chap. XXIII.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 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred and eighty-six of the Act of which this Act is amendatory is amended so as to read as follows: |
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Section four hundred and eighty-six. The party in whose favor judgment is rendered and who claims his costs, shall deliver to the Clerk of the Court, within two days after the verdict or decision of the Court, or such further time as the Court or Judge may grant, a memorandum of the items of his cost and necessary disbursements in the action or proceeding, which memorandum shall be verified by the oath of the party, or his attorney, stating that the items are correct, and that the disbursements and costs therein named, have been necessarily incurred in the action or proceeding. He shall be entitled to recover the witness fees, although at the time he may not have actually paid them. Sec. 2. Section five hundred and eighty-six of said Act is amended so as to read as follows: Section five hundred and eighty-six. Costs and necessary disbursements in the action shall be allowed to the prevailing party in a Justice Court. The party in whose favor a judgment is rendered, and who claims his costs, shall file with the Justice, within two days after the verdict or decision of the Court, or such further time as the Justice may grant, a memorandum of the items of his cost and necessary disbursements in the action or proceeding, which shall be verified as prescribed in section four hundred and eighty-six. He shall be entitled to recover the witness fees, although at the time he may not have actually paid them. |
Memorandum of cost to be delivered.
Shall file with the Justice. |
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Chap. XXIV.An Act to repeal an Act entitled An Act to provide for the destruction of certain noxious animals, approved January 26, 1887.
[Approved February 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act to provide for the destruction of certain noxious animals, approved January 26, 1887, is hereby repealed. |
Repeal. |
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Chap. XXV.An Act to repeal an Act to provide for the preservation of fish in the Humboldt river and its tributaries, approved February 18, 1887.
[Approved February 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act to provide for the preservation of fish in the Humboldt river and its tributaries, approved February 18, 1887, is hereby repealed. |
Repeal. |
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Agricultural Experiment Station recognized.
Board of Control.
Keeping and expenditure of money.
Fiscal report.
Nevada accepts. |
Chap. XXVI.An Act in relation to the Agricultural Experiment Station of this State.
[Approved February 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Agricultural Experiment Station, organized and established by the Board of Regents of the State University at, and in connection with, said State University, is hereby recognized and shall be continued as a part of said State institution, and shall be conducted by a Board of Control hereinafter provided for, for the purposes of acquiring and diffusing among the people useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, said State University having been established in accordance with the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two, entitled An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanical arts, and Acts amendatory thereof or supplementary thereto. Sec. 2. The Board of Control of said Agricultural Experiment Station shall consist of the Board of Regents of the State University, and they shall organize said Board and choose its officers. Sec. 3. The Board of Control of said Agricultural Experiment Station shall, to the best of its ability, observe and carry out the requirements of An Act to establish Agricultural Experiment Stations in connection with the colleges established in the several States under the provisions of an Act approved July second, eighteen hundred and sixty-two, and of the Acts supplementary thereto, approved by the President March second, eighteen hundred and eighty-seven. The said Board of Control shall have charge of the receipts, safe keeping and expenditure of all money appropriated by Congress for the benefit and use of said Agricultural Experiment Station; they shall be allowed and paid all necessary expenses incurred by them severally in the discharge of their official duties, but shall receive no salary or compensation for their services. Sec. 4. Said Board of Control shall make a report at the end of each fiscal year to the Governor, and twelve hundred copies thereof shall be printed at the State Printing Office for general distribution by said Board. The Governor shall transmit all said annual reports to the Legislature. Sec. 5. The Legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore, and all which may hereafter be made, to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in section three of this Act, and agrees that the same shall be used only for the purposes named in said Act of Congress, or Acts amendatory thereof or supplemental thereto. |
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Chap. XXVII.An Act to amend an Act entitled an Act to amend an Act entitled An Act regulating the compensation of county officers in the several counties of this State, and other matters relating thereto, approved March 11, 1885; approved March 5, 1887.
[Approved February 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one [eleven] of said Act is hereby amended so as to read as follows: Section eleven. The Sheriff of Lyon county shall receive, as salary, the sum of nine hundred dollars per annum, and such fees as are now allowed by law; the County Clerk shall receive, as salary, the sum of six hundred dollars per annum, and such fees as are now allowed by law; the Recorder, as ex-officio Auditor, 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, approved 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 eighteen hundred dollars per annum, the District Attorney shall receive fifteen hundred dollars per annum, which shall be in full compensation for his services as such officer, and as ex-officio Superintendent of Schools; the County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. |
Salaries and fees of Lyon county. |
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Chap. XXVIII.An Act to amend section thirty-one of an Act entitled An Act relating to elections, approved March 12, 1873; as amended by an Act approved February 16, 1881.
[Approved February 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty-one of said Act as amended is hereby amended so as to read as follows: Section thirty-one. The Board of County Commissioners, after making the abstract of votes as provided in section thirty, shall cause their Clerk, by an order made and entered in the minutes of their proceedings, to make a copy of said abstract and forthwith transmit the same to the Secretary of State at the seat of government. |
Transmission of abstract. |
κ1889 Statutes of Nevada, Page 32 (CHAPTER 28)κ
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Penalty.
Justices of Supreme Court to canvass.
In case of no choice. |
the seat of government. If the Board of County Commissioners should neglect or refuse to make the order, as required by this Act, they, and each of them, shall be guilty of a misdemeanor in office, and shall, on conviction thereof, be liable to a fine of not less than one hundred dollars or more than five hundred dollars each, and imprisonment in the county jail for not less than ten and not more than one hundred days each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State and shall open and canvass the vote for Members of Congress, District and State offices; and the Governor shall grant a certificate of election to and commission the persons having the highest number of votes, and shall also issue proclamation declaring the election of such persons. But in case there shall be no choice by reason of any two or more persons having an equal and the highest number of votes for the same office, the Senate and Assembly shall convene in the Assembly Chamber on the second Monday of February, at the next regular session of the Legislature after such election, and by joint vote of both Houses elect one of said persons to fill said office; provided, when an election for Electors of President and Vice-President of the United States takes place, the vote thereof shall be canvassed at the same time and in the manner aforesaid. |
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Board of Examiners to examine claims. |
Chap. XXIX.An Act relative to the proving of Indian war claims.
[Approved February 13, 1889.]
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, money expended, indebtedness incurred and supplies and necessaries furnished between the first day of January, A.D. one thousand eight hundred and fifty, and the date of the approval of this Act, in furnishing supplies to United States and volunteer soldiers, protecting emigrants and defenseless settlers, repelling invasions and suppressing Indian outbreaks, hostilities, for Indian depredations and other property taken by United States and volunteer soldiers within the territorial limits of the present State of Nevada. 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. |
κ1889 Statutes of Nevada, Page 33 (CHAPTER 29)κ
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Sec. 2. Immediately after the approval of this Act the board shall give notice, by publication in some newspaper published at Carson City, to all persons having such claims to present them by petition, showing the amounts and items thereof to the board, on or before the first Monday in November, eighteen hundred and ninety, which notice shall be published once a week for four weeks. Any and all claims presented in accordance with the requirements of said notice shall be examined, and final action thereon shall be 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, 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 claims 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 claims 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 claims shall have been so approved. Sec. 5. That as soon as all 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 proper 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 Government and to the extent of such allowance. Sec. 7. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Notice of publication.
Claimants to appear personally.
Evidence reduced to writing.
Governor to transmit.
State of Nevada not liable. |
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κ1889 Statutes of Nevada, Page 34κ
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Relative to official bonds. |
Chap. XXX.An Act to amend section eleven of an Act entitled An Act concerning official bonds, approved March 14, 1865.
[Approved February 15, 1889.]
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 eleven. In all cases where official bonds are required, or may be hereafter required, from State, county or township officers, the officer or officers whose duty it is, or may be, to approve such bonds, shall not accept or approve any such bonds unless the sureties thereon shall severally justify before an officer authorized to administer oaths as follows: First-On a bond given by a State officer that he is a resident and freeholder or householder within this State, and on a bond given by a county officer that his is a resident and freeholder or householder within such county. Second-That he is worth the amount for which he becomes surety over and above all his debts and liabilities in property situated within this State which is not exempt from sale or execution. |
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Aid for District Agricultural Association. |
Chap. XXXI.An Act to grant aid to the several District Agricultural Associations of the State of Nevada.
[Approved February 19, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of aiding each District Agricultural Association in this State, now, or which may hereafter be, formed under the laws of this State, and which shall hereafter annually hold, within its district, a fair for exhibition, in successfully carrying out the purposes for which it has been, or may hereafter be organized, the sum of one thousand dollars is hereby appropriated for each of the said districts for each of the years eighteen hundred and eighty-nine and eighteen hundred and ninety, out of any moneys in the General Fund of the State Treasury not otherwise specifically appropriated. Sec. 2. The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded to competitors, and for that purpose only. Sec. 3. All expenditures of money, appropriated by this Act, shall be made under the immediate supervision and direction of the Board of Directors of the District Agricultural Association receiving the same. |
κ1889 Statutes of Nevada, Page 35 (CHAPTER 31)κ
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Sec. 4. The said Board of Directors of each district shall present to the State Board of Examiners a certificate, under oath, signed by the President and Secretary of such board, showing the amount of money expended by such district, and that the same was expended in accordance with the provisions of section two of this Act, and the Board of State Examiners, upon the presentation of such certificate, shall allow the amount so certified, and the same shall be paid as other bills against the State are paid. Warrants drawn pursuant to the provisions of this section shall be payable to the order of the President of the Board of Directors, or in case of his absence or inability to serve, then such warrants shall be made payable to the order of such member of such board as such board may by a majority vote thereof direct. |
How bills are paid. |
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Chap. XXXII.An Act to amend an Act entitled An Act relating to elections, approved March 12, 1873.
[Approved February 18, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty-six of an Act entitled An Act relating to elections, approved March twelfth, eighteen hundred and seventy-three, is hereby amended so as to read as follows: Section thirty-six. There shall be allowed out of the County Treasury of such county to the several Inspectors and Clerks of Election five dollars per diem, and to the person carrying the poll books from the place of election to the Clerks office, and to the Clerk of the Board of County Commissioners for attending at another county to canvass votes, the sum of fifteen cents per mile for going and fifteen cents per mile for returning, to be paid out of the County Treasury. |
Mileage and per diem. |
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Chap. XXXIII.An Act to amend section twenty-three of an Act entitled An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved March 8, 1865.
[Approved February 20, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-three of said Act is hereby amended so that it shall read as follows: |
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κ1889 Statutes of Nevada, Page 36 (CHAPTER 33)κ
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Commissioners shall not be interested. |
Section twenty-three. No member of the Board of County Commissioners shall be interested, directly or indirectly, in any property purchased for the use of the county, or in any purchase or sale of property belonging to the county, nor in any contract made by the county for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes; provided, that the Board may purchase supplies for the county, not to exceed thirty dollars, in the aggregate, in any one month, from one of their number, when not to do so would be a great inconvenience, by the member from whom said supplies are purchased shall not vote upon the allowance of said bill, and a violation of this Act shall be a misdemeanor, punishable by fine of not less than one hundred dollars and not exceeding five hundred dollars, and shall be cause for removal from office. |
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Relief of Co. A. |
Chap. XXXIV.An Act for the relief of Company A, Nevada National Guard.
[Approved February 20, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six hundred dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to Company A, Nevada National Guard, for rent of armory of said company for the months of April, May, June, July, August, September, October, November, A.D. one thousand eight hundred and eighty-seven. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Company A, Nevada National Guard, for the sum of six hundred dollars, and the State Treasurer is hereby directed to pay the same. |
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Appropriation for deficiencies. |
Chap. XXXV.An Act to pay the deficiencies in the appropriations for the years 1887 and 1888.
[Approved February 20, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of sixteen thousand, seven hundred and eighty-six dollars and twenty-two cents is hereby appropriated out of any money in the General Fund of the State for the payment of the deficiencies in the appropriations for the years 1887-8, as follows: To Nevada State Prison, $50; to |
κ1889 Statutes of Nevada, Page 37 (CHAPTER 35)κ
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Manning & Jaques, $47 95; to T. K. Hymers, $50; to F. Levy & Bro., $359 09; to Osburn & Shoemaker, $180 75; to Berry & Novacovich, $79 14; to J.A. Zeigler, $5; to Coffin & Larcombe, $165 79; to Mary Wall, $296 87; to Nevada Cracker and Candy Factory, $16 52; to George Alt, $170 91; to C. W. Booton, $85 35; to Richard Herz, $3 20; to T. E. Atwell, $50 85; to County Clerk of Washoe, $6 65; to Thomas E. Hager, $190 10; to John McKee, $135 20; to S. Bishop, $1,017 71; to John Frazer, $959 83; to J. F. Aitken, $336 95; to Abraham Bros., $81 50; to John Sunderland, $30 30; to W. O. H. Martin, $3,083 75; to Whittier, Fuller & Co., $127 64; to C. J. Brookins, $3 40; to Reno Lumber Yard, $23 86; to F. Kline, $31 75; to Nasbys Bazaar, $74 05; to Havenor & King, $23 10; to O. Ross, $133 25; to I. N. Bakeless, $6 55; to M. Nathan, $78 75; to John Henderson, $17; to Nevada Daily Tribune $40 50; to E. C. Sessions, $29 37; to D. D. Donovan, $15 50; to R. C. Leeper, $66 50; to W. H. Caughlin, $72 75; to T. H. Wells, $200; to J. S. Ullrick, $7; to Heister Stevens, $10; to J.P. Winfrey, $9; to C.C. Powning, $2 50; to Union Iron Works, $61 75: to I. Fredrick, $1 50; to W. L. Bechtel, $500; to H. Johnson, $240; to C. W. Eaton, $340; to F. Monaca, $217 50; to A. L. Johnson, $160; to A. Achin, $90; to Mrs. L. Phelan, $160; to Mrs. E. Quinn, $160; to P. Reynolds, $240; to S. Trebio, $196 67; to A.S. Williams, $200; to Miss M. Kane, $120; to A.D. Case, $26 67; to W. J. McCormick, $16 67; to J. M. Blanchard, $200; to C. Watts, $200; to P.E. Peterson, $200; to W. Libby, $200; to D. Inglis, $160; to P. Dickson, $132; to Miss J. Errickson, $100; to J. Savage, $160; to M. J. Campbell, $196 67; to C. E. Thurston, $189 33; to E. Osborn, $113 33; to D. McKay, $82 50; to Edwin Barlow, $50; to B. M. Coffin, $64 50; to Mrs. C. Watts, $40; to employes of State Prison, $1,127; to S.L. Lee, $125; to George T. Davis, $1 50; to J. W. Robinson, $67 71; to F. J. McCullough, $305 36; to S. P. Davis, $15; to George Hark, $249 92; to Olcovich Bros., $554 41; to E. R. Elrod, $68 50; to Raycraft Bros., $15; to John G. Fox, $12 25; to Cagwin & Noteware, $3 40; to E. B. Rail, $17 95; to Bullion and Exchange Bank, $45; to W. D. Torreyson, $24; to George R. Davis, $50; to P.S. Corbett, $150; to Mrs. M. E. Jones, $75; to P. H. Peterson, $120; to O. T. Schulz, $85 25; to J. E. Hart, $46; to F. M. Fellows, $43 75; to H. B. Millard, $48 37; to W. U. Telegraph Co., $9 64; to J. M. Benton, $12 40; to George McLaughlin, $12; to Territorial Enterprise, $56 11; to A. J. Leary, $29; to Kersey & Yerington, $210; to Wm. Mooney, $12. Sec. 2. The sum of two thousand five hundred and twenty-eight and sixteen one-hundredths dollars is hereby appropriated out of any money in the State School Fund of the State for the payment of the deficiencies in the appropriations for the years eighteen hundred and eighty-seven and eighteen hundred and eighty-eight, as follows: To W.C. Noteware, $550; to H. K. Brown, $421 66; to C. H. Galusha, $1,375; to W. T. Hanford, $181 50. |
Appropriation for deficiencies.
Amount appropriated. |
κ1889 Statutes of Nevada, Page 38 (CHAPTER 35)κ
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Sec. 3. The State Controller is hereby directed to draw his warrant in favor of the persons named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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For copying Assembly Journal. |
Chap. XXXVI.An Act to provide for the copying of the Assembly Journal of the Fourteenth Session of the Legislature of the State of Nevada.
[Approved February 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to C. M. Fassett, E. D. Vanderlieth, N. W. Roff and H. C. Cutting, for copying the Journal of the Assembly, Fourteenth Session, Nevada State Legislature, for the State Printer. Sec. 2. Upon the receipt of a certificate from C. M. Fassett, Chief Clerk of the Assembly, that the Journal of the Assembly for the Fourteenth Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the persons named in section one of this Act, and the State Treasurer shall pay the same. |
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Apportionment of school moneys. |
Chap. XXXVII.An Act to amend an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 21, 1887.
[Approved February 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act shall read as follows: Section one. 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 seventy-five census children or fraction thereof as shown by 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 seventy-five census children or fraction thereof; third, forty per cent. |
κ1889 Statutes of Nevada, Page 39 (CHAPTER 37)κ
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teacher to each seventy-five 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 for every teacher assigned it, upon the basis of seventy-five 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 seventy-five census children or fraction thereof, must be apportioned to the several districts in proportion to the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer, County Auditor and the School Trustees in writing of such apportionment in detail. He shall make such apportionment of 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 district 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, and 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. |
Apportionment, when made.
May refuse to draw order. |
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Chap. XXXVIII.An Act to amend section sixteen of 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 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of the above-entitled Act is hereby amended so as to read as follows: |
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κ1889 Statutes of Nevada, Page 40 (CHAPTER 38)κ
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Fees of Notaries Public. |
Section sixteen. The fees of Notaries Public shall be as follows: For drawing and copying every protest for non-payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft or check, two dollars; for drawing and serving every notice of non-payment of a promissory note, the non-payment or non-acceptance of a bill of exchange, order, draft or check, one dollar; for drawing an affidavit, deposition or other paper, for which provision is not herein made, for each folio, twenty cents; for taking an acknowledgment, or proof of deed, or other instrument, to include the seal and writing of the certificate, for the first signature, one dollar, and for each additional signature, fifty cents; for administering an oath or affirmation, twenty-five cents; for every certificate, to include writing the same and the seal, fifty cents. |
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County Clerk may commit. |
Chap. XXXIX.An Act to further provide for the commitment of insane persons to the Insane Asylum.
[Approved February 21, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, by reason of the absence of the District Judge from the county, an insane person cannot be brought before him for examination, he may be taken before the County Clerk of such county, and thereupon said County Clerk shall be vested with power to hold such examination and discharge such person or commit him to the Insane Asylum in the same manner as may be now done by the District Judge. |
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Annual statement to Controller. |
Chap. XL.An Act requiring insurance companies to make annual statements to the State Controller.
[Approved February 23, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every insurance company of whatever kind or character, and every mutual life or assessment association, except charitable secret societies issuing benefits to its own members only, shall annually, during the month of January, file in the office of the State Controller a statement, signed and sworn to by its President and Secretary, which shall exhibit its financial condition on the thirty-first day of December of the previous year, |
κ1889 Statutes of Nevada, Page 41 (CHAPTER 40)κ
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cial condition on the thirty-first day of December of the previous year, and shall include a detailed statement of its assets and liabilities, the amount and character of its business transacted and moneys received and expended during that year, specifying particularly its business transacted in Nevada, and such other information as the State Controller may deem necessary to elicit a complete and accurate exhibit of its condition and transactions, and in such form as he may prescribe. The annual statement of a company of a foreign country shall embrace only its business and condition in the United States, and shall be subscribed and sworn to by its resident manager or principal representative in charge of its American business. The transaction of any new business by any company, or its agents, after neglect to file a statement in the manner herein provided, shall be unlawful. Sec. 2. Any company that neglects to make and file its annual statement in the form and within the time provided by section one, shall forfeit one hundred dollars for each days neglect, and upon notice by the State Controller to that effect, its authority to do new business shall cease while such default continues. For willfully making a false annual or other statement it is required by law to make, an insurance company and the persons making oath to or subscribing the same, shall severally be punished by fine of not less than five hundred nor more than five thousand dollars. Any person making oath to such false statement shall be deemed guilty of the crime of perjury. Sec. 3. The State Controller shall annually report to the Governor abstracts of all statements received, together with such suggestions as may be pertinent. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Report of foreign company.
Failure to file statement
False statement.
Controller to report to Governor. |
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Chap. XLI.An Act to authorize the County Commissioners of Washoe county to issue bonds to pay for the construction of sewers in the town of Reno, and the completion of such sewers, and to provide for the payment of such bonds.
[Approved February 23, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe county are hereby authorized and empowered to issue bonds in the name of the county, not to exceed in amount twenty thousand dollars, for the purpose of paying for the construction of sewers. |
To issue bonds. |
κ1889 Statutes of Nevada, Page 42 (CHAPTER 41)κ
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How signed.
To be sold at not less than face value.
Denomination of.
Fund for payment or same |
Sec. 2. The Commissioners shall cause such bonds to be prepared, and they shall be signed by the Chairman of the board, countersigned by the County Clerk, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so they may be removed without injury to the bond, consecutively numbered, and signed by the County Treasurer. Sec. 3. The Commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face value, the proceeds of which shall be placed in the County Treasury and kept in the Reno Incorporation Fund of said county for the purposes mentioned in this Act. Sec. 4. The bonds shall be of the denomination of one thousand dollars each, consecutively numbered, with interest thereon not the exceed six per cent. per annum, payable on the first Monday of December in the year when such bonds, or either of them, shall have been issued, and every twelve months thereafter, and on the first Monday of December, in the year next after the issuance of such bonds, or any of them, and every twelve months thereafter, one of said bonds shall be paid and taken up. Sec. 5. For the purpose of creating a fund for the payment of the bonds hereby authorized, the Board of Commissioners of Washoe county is hereby empowered and directed to include in the levy, in each year, commencing in eighteen hundred and eighty-nine, for Reno town purposes, a tax upon the assessed value of all real and personal property, within the limits of said town of Reno, sufficient to pay all of such bonds and interest, as the same may become due and payable, until the same shall have been fully paid, and such additional tax shall be kept by the County Treasurer for such purposes, and shall not be diverted to any other purpose whatever until all such bonds shall have been fully paid. |
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Commissioners to make abstract of votes, when. |
Chap. XLII.An Act to amend an Act entitled An Act relating to elections, approved March 12, 1873.
[Approved February 23, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty of said Act is hereby amended so as to read as follows: Section thirty. On the tenth day (or if that day shall fall on Sunday, then on the Monday following) after the close of any election, or sooner, if all the returns be received, the Board of County Commissioners shall proceed to open said returns and make abstracts of the votes. Such abstract of votes for Member or Members of Congress shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of votes for District and State officers shall be on one sheet; and the abstract of votes for county and township officers shall be on one sheet. |
κ1889 Statutes of Nevada, Page 43 (CHAPTER 42)κ
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of votes for members of the Legislature shall be on one sheet; and the abstract of votes for District and State officers shall be on one sheet; and the abstract of votes for county and township officers shall be on one sheet. And it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners to each of the persons having the highest number of votes for members of the Legislature, district, county and township officers respectively, and to deliver such certificate to the person entitled to it on his making application to said Clerk at his office; provided, that when a tie shall exist between two or more persons for the Senate or Assembly or any other county, district or township officer, any of said persons shall have the right to demand of the Board of County Commissioners a recount of all the ballots cast for them for the office for which they were candidates; and provided further, that if after said recount has been had, the vote between them or any of them shall still remain a tie, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days notice. And it shall be the duty of the said Clerk of said Board of County Commissioners of such county, on the receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session; and the said board shall order the compensation aforesaid, if correct, to be paid out of the County Treasury. |
Certificate of election.
Tie vote.
Compensation of election officers. |
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Chap. XLIII.An Act to amend an Act entitled An Act providing for the government of the towns and cities of this State, approved February 26, 1881.
[Approved February 25, 1889.]
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. In addition to the powers and jurisdiction conferred by other laws, the Boards of County Commissioners of this State shall have the following with regard to the management of the affairs and business of any town or city in their respective counties: First-To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised; provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the board upon petition of a majority of the taxpayers thereof. |
Powers of Commissioners.
Boundary. |
κ1889 Statutes of Nevada, Page 44 (CHAPTER 43)κ
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Suits.
Tax levy.
To lay out streets.
May condemn property.
Fire regulations.
Storage of combustibles
Nuisances.
License tax. |
the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the board upon petition of a majority of the taxpayers thereof. Second-To institute and maintain any suit or suits in any court or courts necessary, in their judgment, to enforce and maintain any right or rights of said town or cities. All such suits shall be instituted and prosecuted in the name of the Board of County Commissioners for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings or proceedings. Third-To levy a tax not exceeding one and one-half per cent. per annum upon the assessed value of all real and personal property (including proceeds of mines), situated in said town or city, made taxable by law for State and county purposes. Fourth-To lay out, extend and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said board may, in its discretion, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk, or proposed sidewalk may be, and may make such cost of improvement, repairs or building a lien upon such property. Fifth-To condemn property for the use of the inhabitants of said town or city in the manner hereinafter provided. Sixth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish and disband fire companies or fire departments in said city or town, and to provide for the payment thereof and appointment and payment of officers thereto; provided, that all such payments shall be made from the separate fund of the city or town where service is performed or required; and provided further, that the Chief Engineer of the fire department shall receive compensation in a sum not to exceed one hundred and fifty ($150) dollars per month; the Assistant Chief Engineer of the fire department not to exceed one hundred and twenty-five ($125) per month, and all other employes of the fire department not to exceed one hundred ($100) per month; and further provided, that a majority of the Board of County Commissioners shall name and appoint two-thirds of all such officers and employes, and the minority thereof shall name and appoint one-third. Seventh-To regulate the storage of gunpowder and other explosive or combustible materials within said town or city. Eighth-To determine what shall be deemed nuisances in such town or city, and to provide for the punishment, prevention and removal of the same. Ninth-To fix and collect a license tax upon and regulate all places of business and amusement so licensed as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, |
κ1889 Statutes of Nevada, Page 45 (CHAPTER 43)κ
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barbers, billiard tables, boiler makers, boot and shoe makers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dance houses, saloons or cellars, express and freight companies, foundries, gaming, hawkers and peddlers, hay yards, wagon yards and corrals, hotels, boarding houses and lodging houses, illuminating gas, electric light, insurance agents, job wagons, carts and drays, laundries, livery and sale stables, lumber yards, manufacturing of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants and traders, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, bar-rooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stage and omnibuses, stock brokers, telegraph companies, theaters and melodeons, undertakers, wood and coal dealers, having due regard to the amount of business done by each firm or person so licensed; to license, tax and regulate, prohibit and suppress all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers and pawn brokers, gambling houses, disorderly houses, and houses of ill-fame; provided, that in all unincorporated cities and towns in this State the Boards of County Commissioners shall have power to fix and collect a tax upon the following places of business and amusements, and none other, as follows, to-wit: Circus, caravan or menagerie, concerts, theatrical performances, melodeons and other exhibitions, dance houses, wholesale liquor merchants, brewers, manufacturers of liquors and beer, saloons, bars, bar-rooms or cellars, gaming and gambling houses, hawkers and peddlers, junk shops, pawnbrokers, auctioneers, solicitors, drummers and mercantile agents; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades or business within said town or city not heretofore specified. Tenth-To provide for the issuance of all licenses in this Act mentioned, or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued. Eleventh-To prevent, punish and restrain any disorderly conduct within said town or city; to establish and maintain a Board of Health. Twelfth-To hold, manage, use and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same, but no sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of said city or town, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value. Thirteenth-To fix and prescribe the punishment for the breach of any ordinance made or adopted by said Board of County Commissioners, to be enforced within said town or city, but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, |
Issuance of licenses.
Board of Health.
Property to be appraised before sale.
Penalty for breach of any ordinance. |
κ1889 Statutes of Nevada, Page 46 (CHAPTER 43)κ
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Must be published one week.
Property condemned, how. |
but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city, and to that end a chain-gang may be formed, continued and operated. Fourteenth-To pass or adopt all ordinances, rules and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred; provided, that all ordinances of said town or city in force at the date of the assumption by said Board of County Commissioners of the powers and duties by this Act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such board; and provided further, that no ordinance passed by said board shall be in force or effect until published for one week. Fifteenth-To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The Board of County Commissioners shall appoint one referee, and the claimant or claimants, or owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property, or the interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property, or the interest or interests therein, by them appraised, shall be reported to said Board of County Commissioners, and shall by them be regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the District Court of the proper county, within thirty days after notice of such decision shall have been served upon him; and upon the tender in gold coin of the sum named as the value of such property, interest or interests to the claimant or claimants, owner or owners thereof, or his or their attorney or agent, such property, or the interest or interests therein appraised, shall become and be the property of said town or city, and said Board of County Commissioners may, at any time after twenty days notice, cause the Sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect, when required by the Board of County Commissioners, to appoint a referee to value such property, then said Board of County Commissioners shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal as hereinbefore provided; but no act of condemnation of property, or of any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of said town or city, |
κ1889 Statutes of Nevada, Page 47 (CHAPTER 43)κ
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deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this Act provided, the referees or County Commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property, or interest therein, condemned. Sec. 2. This Act Act shall take effect from and after its passage. All Acts and parts of Acts in conflict with the provisions of this Act, or repugnant thereto, are hereby repealed. |
To take effect. |
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Chap. XLIV.An Act to require foreign corporations and associations to name and keep agents in this State upon whom all legal process may be served.
[Approved February 25, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every incorporated company or association created and existing under the laws of any other State, or Territory, or foreign government, or the Government of the United States, owning property or doing business in this State, shall appoint and keep in this State an agent upon whom all legal process may be served for such corporation or association. Such corporation shall file a certificate, properly authenticated by the proper officers of such company, with the Secretary of State, specifying the full name and residence of such agent, which certificate shall be renewed by such company as often as a change may be made in such appointment, or vacancy shall occur in such agency. Sec. 2. Any and all legal process may be served upon such company, by delivering to such agent personally, a copy of such process, which shall be legal and valid. Sec. 3. If any such company shall fail to appoint such agent, or fail to file such certificate for ninety days after the passage of this Act, or for ten days after a vacancy occurs in such agency, then it shall be lawful to serve such company with any and all legal process by delivering a copy to the Secretary of State, and such service shall be valid to all intents and purposes; provided, that in all cases of service under this Act, the defendant shall have forty days in which to answer or plead. This Act shall be as giving an additional mode and manner of serving process and as not affecting the validity of any service of process hereafter made, which would be valid under any statute now in force. |
Agent to reside in the State.
Serving of process.
Failure to appoint agent |
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κ1889 Statutes of Nevada, Page 48κ
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Agricultural Districts.
May form associations.
Powers of. |
Chap. XLV.An Act amendatory of and supplementary thereto of an Act entitled 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.
[Approved February 25, 1889.]
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 counties of Ormsby, Douglas and Storey shall constitute Agricultural District No. 1; the county of Esmeralda shall constitute Agricultural District No. 2; the county of Humboldt shall constitute Agricultural District No. 3; the county of Elko shall constitute Agricultural District No. 4; the counties of Lyon and Churchill shall constitute Agricultural District No. 5; the counties of Lander and Nye shall constitute Agricultural District No. 6; and the counties of Eureka, Lincoln and White Pine shall constitute Agricultural District No. 7. The exhibitions in Agricultural District No. 6 shall be held in Lander county, and the exhibitions in Agricultural District No. 7 shall be held in White Pine county. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section two. Any twenty or more persons, citizens within any 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. |
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κ1889 Statutes of Nevada, Page 49κ
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Chap. XLVI.An Act to amend an Act entitled an Act to amend an Act entitled An Act regulating the compensation of county officers in the several counties in this State, and other matters relating thereto. Act approved March 11, 1885; approved February 14, 1887.
[Approved February 25, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the original Act, as amended February fourteen, eighteen hundred and eighty-seven, is hereby amended so as to read as follows: Section four. On and after the first day of January, A.D. eighteen hundred and ninety-one, 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, and as ex-officio Assessor the Sheriff shall receive eight hundred dollars per annum; the Deputy Sheriff shall receive six hundred dollars per annum; the County Clerk 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 Recorder and ex-officio Auditor shall receive nine hundred dollars per annum and such fees as are allowed in the Act of March ninth, eighteen hundred and sixty-five; the Treasurer shall receive twelve hundred dollars per annum; the District Attorney and ex-officio Superintendent of Schools shall receive six 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 after the expiration of the terms of office of the present incumbents, the County Commissioners shall each receive three hundred dollars per annum and such mileage as is now allowed by law; and, provided further, that for official services for which the county is liable, the Sheriff and County Clerk shall be paid out of the Salary Fund of Nye county. |
Nye county, compensation of officers. |
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κ1889 Statutes of Nevada, Page 50κ
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Fees and compensation of officers of White Pine county. |
Chap. XLVII.An Act to amend an Act entitled An Act regulating the compensation of county officers in the several counties in this State, and other matters relating thereto, approved March 11, 1885.
[Approved February 28, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is amended so as to read as follows: Section three. 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 provision 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 are now allowed by law; the County Commissioners shall each receive six hundred dollars per annum and such mileage as is now allowed by law; provided, that on and after January first, eighteen hundred and ninety-one, the Sheriff, as ex-officio Assessor, shall receive twelve hundred dollars per annum; the Recorder, as ex-officio Auditor, shall receive six hundred dollars per annum, which shall be in full payment for all services imposed on him by law as Auditor; the Treasurer shall receive nine hundred dollars per annum as full compensation for his services; the District Attorney and ex-officio Superintendent of Schools shall receive six hundred dollars per annum and such other fees as are now allowed by law; and provided, that from and after the expiration of the term of each of the present incumbents, the County Commissioners for all succeeding terms shall each receive four hundred dollars per annum and such mileage as is now allowed by law. No compensation shall be allowed for deputy county officers except as in this section heretofore provided. |
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κ1889 Statutes of Nevada, Page 51κ
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Chap. XLVIII.An Act defining and prohibiting the unlawful diversion and waste of water.
[Approved February 28, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons who shall, during the irrigating season, divert and conduct the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, pond or ponds, and retain, or cause the same to be held or retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any such river, creek or stream, and run, or cause or allow the same to run to waste on sagebrush or greasewood land, such diversion shall be deemed an unlawful use and waste of water. Sec. 2. Any person or persons, company, corporation or association who shall, during the irrigating season, shall divert and conduct, or any person or persons aiding, abetting or assisting any such person or persons, company, corporation or association in diverting and conducting, during the irrigating season, the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, or pond or ponds, and retain, or cause the same to be retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any river, creek or stream, and run, or cause or allow the same to run to waste, contrary to and in violation of the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof, in any Court of competent jurisdiction in this State, shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail of the county not exceeding six months, or by both such fine and imprisonment. |
Unlawful diversion of water.
Penalty. |
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Chap. XLIX.An Act for the relief of V. B. Cross.
[Approved February 28, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand dollars is hereby appropriated out of any money in the General Fund of the State Treasury, not otherwise appropriated, for the relief of V. B. Cross, who is suffering from a serious injury received while serving the State, on November twenty-eighth, eighteen hundred and eighty-eight. |
Relief of V. B. Cross. |
κ1889 Statutes of Nevada, Page 52 (CHAPTER 49)κ
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Controller to draw warrant |
Sec. 2. The State Controller is hereby directed to draw his warrant in favor of V. B. Cross for the said sum of one thousand dollars, and the State Treasurer is hereby directed to pay the same. |
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Indictment for theft, etc., when may be found.
In a secret manner, limitation. |
Chap. L.An Act to amend section ninety-five and ninety-seven of an Act entitled An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada, approved November 26, 1861.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ninety-five of said Act is hereby amended so as to read as follows: Section ninety-five. An indictment for theft, robbery, burglary, forgery, arson or rape must be found within four years after the commission of the offense. An indictment for any other felony than murder, theft, robbery, burglary, forgery, arson or rape must be found within three years after the commission of the offense. Sec. 2. Section ninety-seven of said Act is hereby amended so as to read as follows: Section ninety-seven. If any felony or misdemeanor shall have been committed in a secret manner, an indictment for the same must be found within the periods of limitation prescribed in the two last preceding sections after the discovery of the offense; provided, that if any indictment found within the time thus prescribed shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense within six months after the first shall have been abandoned. Sec. 3. This Act shall apply alike to all offenses committed before its passage and to those committed thereafter, except that it shall not be construed to extend the periods of limitation of offenses barred by limitation at the time of the passage of this Act. |
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κ1889 Statutes of Nevada, Page 53κ
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Chap. LI.An Act in relation to County Superintendents of Schools.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That in the year A. D. one thousand eight hundred and ninety, and every two years thereafter, at the general election in each county in this State, in which there was cast at the preceding general election not less than fourteen hundred votes, nor more than fifteen hundred and fifty votes for member of Congress, there shall be elected a County Superintendent of Schools. Sec. 2. The salary of such County Superintendent of Schools shall be six hundred dollars a year. |
County Superintendent of Schools, election of. |
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Chap. LII.An Act relating to County School Superintendents.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the general election held in A. D. eighteen hundred and ninety, and every two years thereafter, there shall be elected in every county in this State which, at the last preceding election, cast a vote for member of Congress of not less than eight hundred and ninety votes nor more than nine hundred and twenty votes, a County School Superintendent. Sec. 2. After the approval of this Act, it shall be the duty of the Board of County Commissioners in any county of this State casting the vote provided for in section one of this Act, to appoint a County School Superintendent, with a salary to be fixed by said board, to serve until his successor is duly elected and qualified; provided, that in any county casting the vote named in section one of this Act, and where a County School Superintendent was elected at the last general election, said Board of County Commissioners shall appoint the person so elected at the last general election, whose compensation shall date from the first Monday in January, A. D. eighteen hundred and eighty-nine. |
Election of County School Superintendent.
County Commissioners to appoint. |
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κ1889 Statutes of Nevada, Page 54κ
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Relief of G. I. Lammon
Controller to draw warrant |
Chap. LIII.An Act for the relief of George I. Lammon.
[Approved March 1, 1889.]
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 the General Fund of the State, for the payment of George I. Lammon for services rendered the State, by direction of the Senate, in comparing and correcting the copy of the Senate Journal, after the closing of the thirteenth session and in certifying to the correctness of said copy; a resolution for said allowance having passed the Senate on the last day of the session, but was refused payment by the State Controller. Sec. 2. The State Controller is hereby directed to draw his warrant for the amount designated in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
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District Attorneys to report to Attorney-General.
Duties of District Attorneys. |
Chap. LIV.An Act to require District Attorneys to make certain reports to the Attorney-General.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That on the first day of December, one thousand eight hundred and ninety, and annually at said date thereafter, the several District Attorneys or other persons charged by law with the prosecution of criminals, shall make report in writing to the Attorney-General, stating the number and character of prosecutions for the year ending on the first day of November preceding the date aforesaid within the territory embraced in the limits of the office for which the reports are made, respectively; the number of persons convicted, and the average punishment on conviction; the number of persons acquitted, or as to whom prosecutions were abated or dismissed, and the number of prosecutions pending at the end of time covered by report; also, the costs of such prosecutions to each county, and the amount of fines paid therein. Within sixty days after the sentence of any person to the State Prison, the District Attorney who prosecuted said person shall make a written statement of the facts and circumstances connected with the commission of the crime for which the person stands convicted, as shown by the evidence upon the trial thereof, and deliver said statement to the District Judge who presided at the trial of said cause. Said Judge shall within thirty days thereafter correct said statement according to the facts and testimony; and, after certifying that said statement is a correct statement of the substance of the testimony introduced upon the trial of said action, said Judge shall forward the same to the Attorney-General. |
κ1889 Statutes of Nevada, Page 55 (CHAPTER 54)κ
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facts and testimony; and, after certifying that said statement is a correct statement of the substance of the testimony introduced upon the trial of said action, said Judge shall forward the same to the Attorney-General. Upon receipt of said statement the Attorney-General shall file the same in his office, and shall not permit the same to be taken therefrom, except at the request of the Board of Pardons, or a member thereof. Said statement shall be considered by the Board of Pardons as prima facie evidence of the matter therein contained. Sec. 2. Be it further enacted, that any District Attorney, or other person charged by law with the prosecution of criminals, who fails to make a full report or statement, as and within the time required by section one of this Act, shall forfeit to the State of Nevada the sum of one hundred dollars, to be recovered on motion of the Attorney-General in the district in and for the proper county, on ten days notice of such motion. |
Penalty for failure to report. |
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Chap. LV.An Act to pay the claim of the Virginia and Truckee Railroad Company for transportation of troops.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred and three dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to the Virginia and Truckee Railroad Company, for transportation of troops to Reno for review by the Commander-in-Chief, September nineteen, eighteen hundred and eighty-eight. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the Virginia and Truckee Railroad Company for the sum of three hundred and three dollars, and the State Treasurer is hereby directed to pay the same. |
Relief of V. & T. R. R. Co.
Controller to draw warrant |
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Chap. LVI.An Act to pay the claim of E. P. Wilkins for rewards for the arrest of Charley Bob and Aleck Mitten, convicted of an assault to commit robbery in Elko county, in 1885.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to E. P. Wilkins, for the arrest of two Indians named Charley Bob and Aleck Mitten, convicted of an assault with intent to commit robbery in Elko county, April twenty-fifth, eighteen hundred and eighty-five. |
Relief of E. P. Wilkins |
κ1889 Statutes of Nevada, Page 56 (CHAPTER 56)κ
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Controller to draw warrant |
arrest of two Indians named Charley Bob and Aleck Mitten, convicted of an assault with intent to commit robbery in Elko county, April twenty-fifth, eighteen hundred and eighty-five. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of E. P. Wilkins for the sum of five hundred dollars, and the State Treasurer is hereby directed to pay the same. |
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Bonds not to exceed $2,500.
Rate of interest.
Authorized to build school house.
Bonds, how signed.
Moneys, how kept. |
Chap. LVII.An Act to authorize the Trustees of School District Number Thirteen, in the town of Hawthorne, Esmeralda county, Nevada, to issue bonds for school purposes.
[Approved March 1, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number Thirteen in the town of Hawthorne, Esmeralda county, Nevada, are hereby authorized to issue bonds for a sum not exceeding two thousand five hundred dollars in United States gold coin, none of which bonds shall run for a period longer than ten years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, shall bear interest at a rate not exceeding seven per cent. per annum, payable annually; they shall be payable to bearer, and coupons for each installment of interest shall be attached to each bond. Sec. 3. The said Board of Trustees are hereby authorized to purchase a suitable plot of ground in said town of Hawthorne, centrally and conveniently located, and build thereon a school building with necessary and proper outhouses and appurtenances, the aggregate cost of said land, building and other improvements not to exceed the sum of two thousand five hundred dollars, and the said Board of Trustees shall immediately proceed to issue the bonds herein provided for, and when the same are disposed of shall proceed, with due diligence, to purchase said land, erect said building and make said improvements in accordance with the provisions of this Act. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the Board of said Trustees and countersigned by the County Treasurer of said Esmeralda county. Sec. 5. All moneys received from the sale of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the School District Number Thirteen Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Esmeralda county. |
κ1889 Statutes of Nevada, Page 57 (CHAPTER 57)κ
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and duly allowed by the Board of County Commissioners of said Esmeralda county. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said Esmeralda county are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year eighteen hundred and eighty-nine, and annually thereafter, to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes, shall be paid into the County Treasury, and kept by the Treasurer in a fund to be known as the School District Number Thirteen Interest Fund, and the moneys in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due upon presentation and surrender by the holder of the coupons therefor. Sec. 7. To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall in the year eighteen hundred and eighty-nine, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within said School District Number Thirteen, sufficient in their judgment to raise the sum of two hundred and fifty dollars each year, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax so as aforesaid levied, for the redemption of said bonds, should exceed the said sum of two hundred and fifty dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds, the tax hereby authorized for such purpose shall cease, and should there be any excess, over and above the said sum of two thousand five hundred dollars, the amount of such excess shall be transferred to the School Fund of said district. Should the amount of said tax, realized up to and including the year eighteen hundred and ninety-nine, be less than the amount necessary for the redemption of said bonds, they shall, nevertheless, be redeemed and paid out of said General Fund as herein provided, and a special tax shall be levied by the County Commissioners upon the property within said school district for the year nineteen hundred, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the manner of the assessment and collection of other taxes and paid into the General Fund of said county. |
Payment of bonds.
Additional tax. |
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Appropriation for.
To be certified. |
Chap. LVIII.An Act to provide for the copying of the Senate Journal of the Fourteenth Session of the Legislature of the State of Nevada.
[Approved March 4, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to John P. Fay for copying the Journal of the Senate, fourteenth session Nevada State Legislature, for the State Printer. Sec. 2. Upon a receipt of a certificate from O. H. Grey, Secretary of the Senate, that the Journal of the Senate for the fourteenth session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the person named in section one of this Act, and the State Treasurer shall pay the same. |
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To issue bonds.
When payable
Denomination of. |
Chap. LIX.An Act to authorize the issuance of certain bonds by Washoe county, and to provide for the payment of the same.
[Approved March 4, 1889.]
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 the bonds of said county to the full amount of ten 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. 2. 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 interest 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. 3. 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. |
κ1889 Statutes of Nevada, Page 59 (CHAPTER 59)κ
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sioners for not less than the principal sum named in said bonds. The proceeds of such sales shall be paid to the President and Directors of the State Board of Agriculture, to be used in liquidating the present indebtedness of the State Agricultural Society. Sec. 4. For the purpose of providing for the payment of the principle and interest upon said bonds as the same fall due, the Board of 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 said county, a tax not exceeding four cents on each one hundred dollars 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 the 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 county of Washoe, and be set apart as a fund for the payment of the principal and interest of said bonds, to be called State Agricultural Society Bond Redemption Fund. No bond issued hereunder shall bear interest after maturity, unless payment shall be demanded and default be made. |
Proceeds of sales, how disposed.
Payment of bonds. |
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Chap. LX.An Act to appropriate money for the maintenance and improvement of the State University, for the improvement and care of the grounds thereof, and other matters relating thereto.
[Approved March 4, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes of maintaining the State University and making necessary additions to its room capacity and for the purpose of improving and caring for the grounds thereof, the sum of forty-eight thousand dollars is hereby appropriated, to be paid out of the Contingent University Fund. Sec. 2. The appropriations made by section one of this Act are for the fiscal years eighteen hundred and eighty-nine and eighteen hundred and ninety, and shall be expended under the direction of the Board of Regents of said University. Sec. 3. In the erection of any new building for University purposes, stone from the Nevada State Prison may be used in the construction of the walls; and the Warden of said Prison shall cause all such stone as shall be required by the Board of Regents for said purpose to be quarried and dressed ready for laying in the walls, and to be loaded for hauling from the prison by the convicts in said State Prison. |
Maintenance of State University.
For fiscal years 1889-1890.
Warden to furnish stone |
κ1889 Statutes of Nevada, Page 60 (CHAPTER 60)κ
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shall cause all such stone as shall be required by the Board of Regents for said purpose to be quarried and dressed ready for laying in the walls, and to be loaded for hauling from the prison by the convicts in said State Prison. |
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Appropriation.
Completing purchase.
Unexpended money.
Purchase and title.
State of Nevada not liable. |
Chap. LXI.An Act for the aid and benefit of the State Agricultural Society.
[Approved March 4, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifteen thousand dollars is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, for the aid and benefit of the State Agricultural Society. Sec. 2. The Board of Directors of the State Agricultural Society is hereby directed to expend the said sum of fifteen thousand dollars mentioned in section one of this Act, or such portions thereof as may be necessary in completing the purchase and securing the title to the State of Nevada, from J. R. Bradley et als., of the northeast quarter of the southwest quarter and the southeast quarter of the northwest quarter of section one, township nineteen north, range nineteen east, Mount Diablo meridian. Sec. 3. Any money remaining unexpended of the aforesaid fifteen thousand dollars, after providing for the purchase of real estate as described in section two of this Act, and securing title therefor to the State, shall be used for liquidating the existing indebtedness of the State Agricultural Society. Sec. 4. No moneys appropriated by this Act shall be expended except for the purchase of a complete title to eighty acres of land and the improvements thereon, of the new Fair grounds at Reno, above described, free from all liens and incumbrances, with eighty miners inches of water, and the Fair pavilion in the town of Reno, until such purchases have been completed and paid for. Sec. 5. The State of Nevada shall in nowise be liable for debts contracted by the State Board of Agriculture, or any agricultural or other association without an expressed provision of law, and no liens or incumbrances shall attach upon any property of the State on account of the acts or contracts made by any officer or person. |
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Chap. LXII.An Act prescribing what shall constitute actual residence within the meaning of Article II. of the Constitution of the State of Nevada.
[Approved March 4, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legal residence of a person, with reference to his right of suffrage and eligibility to office, is that place where his habitation is fixed and permanent, and to which, whenever he is absent, he has the intention of returning. Sec. 2. No person shall be deemed to have gained or lost such a residence by reason of his presence or absence while employed in the military, naval or civil service of the United States, or of the State of Nevada; nor while kept at any almshouse, or other asylum, at public expense; nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student at any seminary, or other institution of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison or jail. Sec. 3. A person removing from one county, within this State, to another, or from one precinct to another of the same county, within thirty days prior to any election, shall not be deemed to have lost his residence in the county or precinct removed from; provided, he was an elector in such county or precinct on the thirtieth day prior to such election. Sec. 4. If a person remove to another State, Territory or foreign country, with the intention of establishing his domicile there, and making it his home, he shall lose his residence in this State. Sec. 5. If a person having a fixed and permanent home in this State, break up such home and remove to another State, Territory or foreign country, the intent to abandon his residence in this State shall be presumed, and the burden shall be upon him to prove the contrary; and the same rule shall obtain when a person, in like circumstances, and in like manner, shall remove from one county or precinct to another within the State. Sec. 6. If a man have a family residing in one place and he does business in another, the former must be considered his place of residence, unless his family be located there for temporary purposes only; but if his family reside without the State, and he be permanently located within the same, with no intention of removing therefrom, he shall be deemed a resident. Sec. 7. If a person remove to another State, Territory or foreign country, with the intention of remaining there for an indefinite time, and as a place of present residence, he shall lose his residence in this State, notwithstanding that he may entertain the intention of returning at some uncertain future period; and an occasional return, either for business purposes or pleasure, to the place of his former abode, in this State, shall not be sufficient to preserve his residence therein. |
Permanent habitation.
Residence gained or lost
Residence not lost.
Residence lost.
Burden of proof.
Residence of family place of residence.
Shall lose residence. |
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Governor to appoint Notaries Public. |
Chap. LXIII.An Act to amend an Act entitled An Act to provide for the appointment of Notaries Public and defining their duties, approved February 9, 1864; amended March 20, 1865; further amended February 9, 1866; further amended March 13, 1867; further amended January 27, 1879; further amended February 26, 1881; further amended January 30, 1883.
[Approved March 4, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act as amended as set forth in the title of this Act is hereby amended so as to read as follows: Section one. The Governor is hereby authorized to appoint and commission Notaries Public in the several counties in this State as follows: For Storey county, twelve; Lander county, sixteen; Nye county, sixteen; Churchill county, four; Esmeralda county, thirty; Ormsby county, six; Humboldt county, sixteen; Washoe county, nine; Douglas county, five; Lyon county, eight; Eureka county, fifteen; Elko county, fifteen; White Pine county, ten; Lincoln county, eight, and for any new county hereafter created or organized, six, who shall hold office for the term of four years, provided, the Governor may at any time, for cause, revoke the commission of the Notary Public appointed under the provisions of this Act. |
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Warrants, how paid. |
Chap. LXIV.An Act to amend an Act entitled 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.
[Approved March 4, 1889.]
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 six per cent. |
κ1889 Statutes of Nevada, Page 63 (CHAPTER 64)κ
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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 six per cent. per annum; but warrants drawn on any other fund shall not bear interest. |
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Chap. LXV.An Act to authorize the Board of Commissioners of Churchill county, Nevada, to provide for the storage and distribution of water, and the issuance of bonds for the payment of the same.
[Approved March 6, 1889.]
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, Nevada, are hereby authorized, upon there being filed with them the petition of three-fourths of the taxpayers of said county requesting them so to do, to issue the bonds of said county in any sum, not to exceed thirty thousand dollars, to be known as the Water Storage Bonds of Churchill County. Sec. 2. Said bonds shall be of the denomination of five hundred dollars each; shall run for a period of forty years, except as hereinafter provided; shall bear interest at a rate not to exceed seven per cent. per annum, which interest shall be paid annually at the office of the County Treasurer of Churchill county. Sec. 3. The bonds hereinbefore provided for shall be prepared under the direction of the Board of County Commissioners of Churchill county, signed by the Chairman of said board and countersigned by the County Clerk of said county. Sec. 4. Whenever the Board of County Commissioners of Churchill county deem the issuance of any or all of the bonds herein provided for necessary, the said board, by an order properly and fully entered on the minutes of their proceedings, shall direct their Chairman to dispose of the bonds ordered to be issued, at not less than their par value, the proceeds thereof to be placed to the credit of a fund to be known as the Water Storage Fund of Churchill County, which fund shall be used and applied for no other purpose than that provided for by this Act. Sec. 5. The Board of County Commissioners of Churchill county, in addition to their other duties now provided for by law, are hereby authorized, upon the petition of three-fourths of the taxpayers of said county of Churchill, residing in said county, requesting them so to do, to take such necessary steps and carry into effect all required means for the selection and purchase of lands necessary for the location and construction of a dam or dams, |
Filing petition.
Denomination of bonds
Bonds prepared.
Disposal of bonds.
Purchase of lands. |
κ1889 Statutes of Nevada, Page 64 (CHAPTER 65)κ
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Control of lands.
Disbursement of funds
Tax levy.
Redemption of bonds. |
of a dam or dams, reservoir or reservoirs, aqueduct or aqueducts, flume or flumes, storage site or sites for water and to construct a reservoir or reservoirs, dam or dams, ditch or ditches, aqueduct or aqueducts, flume or flumes, and for said purpose or purposes, and for the further purpose of distributing of the waters stored in such reservoir or reservoirs, to purchase or condemn lands as provided by law. Said Board of County Commissioners shall have the control of all lands acquired under this Act, and upon the written consent of not less than twenty-five taxpayers residing in said county the said board shall have the right to sell any surplus lands purchased for any of the purposes provided for in this Act; said board shall have the control of lands purchased for the purposes aforesaid and the general management of all the affairs pertaining thereto, and, when the interests of the county demand it, said board can appoint one or more persons, not exceeding three, as agent or agents, either or all of whom shall be removed for cause upon the application of five or more taxpayers residing in said county, to superintend any or all work, protect the water interests or rights that may be required to be done, or that may accrue under this Act. When such agent or agents are appointed such appointment shall be made at a regular or called meeting or said board, who shall require a record of such appointment to be made, and the purpose or purposes for which the same are made, and for any and all of said purposes the funds received from the sale of said bonds are hereby made available, and may be disbursed through said board as other county funds are; and after the construction of such reservoir or reservoirs, dam or dams, ditch or ditches, aqueduct or aqueducts, flume or flumes used for the storage of water, the board are hereby authorized, if the incomes therefrom or from the surplus lands purchased be not sufficient to keep in repair and protect the same, to levy a tax therefor at the same time the State and county taxes are levied. Sec. 6. The Board of County Commissioners of Churchill county shall, each year, at the time of levying State and county taxes for said year, levy a sufficient tax for the payment of the interest on the then outstanding bonds, and for such other bonds as may be issued during said year; provided, that if sufficient revenue can be realized from the sale of surplus water, or rent of lands, acquired under the provisions of this Act, to pay the interest on said bonds, in addition to necessary expenses, then said tax shall not be levied. Sec. 7. If, after twenty years after the issuance of the bonds mentioned in this Act, there shall not be in the Water Storage Fund of Churchill County sufficient funds to pay said bonds, or any part thereof, the said board shall annually, thereafter, for twenty years, or until all the bonds issued under this Act have been redeemed, levy a sufficient tax to redeem an equal amount each year till all are redeemed, the bonds first sold taking precedence in the order or payment. Sec. 8. The bonds herein provided for may be redeemed at any time after ten years from the date of their issuance, on the order of the said board by depositing the face value and interest that may be due on the bonds ordered to be redeemed, |
κ1889 Statutes of Nevada, Page 65 (CHAPTER 65)κ
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order of the said board by depositing the face value and interest that may be due on the bonds ordered to be redeemed, with the Treasurer of said county, on or before the annual interest becomes due and is paid; when such deposit is made, at the time of drawing the annual interest on such bonds, the Treasurer of said county shall notify the party drawing the interest that the redemption money is in the treasury, and such notice shall stop the accruing of further interest on such bonds; said bonds so redeemed shall be cancelled, and defaced and destroyed. Sec. 9. The said Board of Commissioners are hereby authorized to employ competent engineers to make any survey or surveys necessary to ascertain the feasibility of locating and constructing any reservoir or reservoirs, dam or dams, ditch or ditches, aqueduct or aqueducts, flume or flumes contemplated by this Act, and to make estimates for the construction of the same, the expense thereof, if no bonds authorized by this Act are sold, to be paid out of the General Fund of said county; the amount so paid out to be replaced when such bonds are sold. Sec. 10. In making all orders for the distribution of the water stored as provided for in this Act, the said board shall always protect those first in right by virtue or prior appropriation of the water of any stream or streams, or source or sources from which the waters stored flow; and said board, their agents and employes, shall take as a basis for the distribution of water so stored, the actual taxes paid by the parties who have a right to avail themselves of the use of such water. Sec. 11. The said board are hereby empowered to make such rules and regulations, relative to the waters so stored, and all dams, ditches, aqueducts, flumes and other property connected therewith as may best protect the rights of all concerned; such rules to be made at a regular or called meeting, and are in no respect to be coupled with any of the provisions of this Act. |
Interest shall cease.
To employ engineers.
Appropriators protected
Shall make rules. |
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Chap. LXVI.An Act granting leave of absence to John Roeder, Assessor of Lincoln county.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Leave of absence from Lincoln county and from the State of Nevada is hereby granted to John Roeder, Assessor of said county, for a period of four months, to be taken during the year eighteen hundred and eighty-nine or the year eighteen hundred and ninety; provided, said Roeder shall leave in his place during his absence a competent deputy or deputies to perform the necessary work of his office. |
Leave of absence. |
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κ1889 Statutes of Nevada, Page 66κ
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Leave of absence. |
Chap. LXVII.An Act granting leave of absence to A. W. Hesson, Assessor of Elko county.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Leave of absence from Elko county and the State of Nevada is hereby granted to A. W. Hesson, Assessor of said county, for the period of four months, to be taken during either one of the years eighteen hundred and eighty-nine or eighteen hundred and ninety; provided, said A. W. Hesson shall leave in his place, during his absence, a competent deputy or deputies to perform the necessary work of his office. |
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Purchase of telegraph line. |
Chap. LXVIII.An Act to authorize the County Commissioners of Churchill county to purchase telegraph line.
[Approved March 6, 1889.]
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, Nevada, are hereby authorized, upon there being filed with them the petition of three-fourths of the taxpayers of said county requiring them to do so, to purchase so much of the Overland telegraph line, running from Virginia City to Austin, as in their judgment would be beneficial for the said county of Churchill, and to pay for the same out of the General Fund of said county. Sec. 2. Upon the purchase of said telegraph line the title thereof shall vest in the county of Churchill. |
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Closing polls. |
Chap. LXIX.An Act providing for the closing of polls at elections in certain cases.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever at any election all the votes of the precinct, as shown by the registry list, shall have been cast, the Inspectors shall immediately close the polls and shall forthwith begin the counting of the ballots, and continue the same without unnecessary delay until the count is completed. |
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κ1889 Statutes of Nevada, Page 67κ
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Chap. LXX.An Act to provide for the transmission of ballots, poll books and tally lists by mail in certain cases.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At every election hereafter to be held in this State, in precincts which are, by the usually traveled route, more than fifty miles distant from the county seat, and wherein less than fifty voters shall be registered for that election, the Inspectors shall, before they adjourn, post conspicuously at the polling place, a bulletin, signed by each of them, stating the number of ballots cast for each candidate and for and against each question which has been voted upon. Sec. 2. They shall also, before they adjourn, seal the ballots in a strong envelope, writing across the back thereof the words Ballots (here give the name) Precinct, and also sign names thereon. They shall then place the envelope containing the ballots, together with one of the tally lists and one of the poll books in a sealed package, the weight of which, including the wrapper or box, must be less than the limit of weight allowed to be transmitted by mail. They shall then address the same to the proper officer at the county seat, stating in writing on the outside of the package the contents thereof, and deliver it to one of their number, to be chosen by lot, who shall immediately, without opening it or permitting it to be opened, deliver it to the nearest Postmaster and pay the postage thereon, and have the package registered. Sec. 3. The Inspector who delivers the package shall be paid the amount expended by him in paying the postage on the package, and fifteen cents per mile for going to and fifteen cents per mile for returning from the postoffice, in the same manner and out of the same fund as other election expenses are paid; provided, that no such mileage shall be paid unless the total distance necessarily traveled in going and returning be greater than two miles. Sec. 4. In cases where this Act shall apply the ballots shall, after they reach the county seat, be kept in sealed packages by the proper officer, instead of in the ballot boxes. Sec. 5. In precincts where this Act shall apply, the ballot box may remain in the custody of the Inspectors until the next election, when it shall be turned over to the Inspectors until the next election, when it shall be turned over to the Inspectors of said election, and in such cases the tally lists, poll books and other books and papers may be sent in sealed packages by registered mail to one of the Inspectors. |
Inspectors shall post.
Seal and transmit ballots.
Inspector, how paid.
Kept in sealed package.
Ballot box to remain in custody of Inspectors. |
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κ1889 Statutes of Nevada, Page 68κ
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Powers of Board of Trustees. |
Chap. LXXI.An Act to amend section ten of an Act entitled an Act to amend an Act entitled An Act to incorporate the City of Carson, approved February 25, 1875; approved March 2, 1877; approved March 5, 1879.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of the above entitled Act is hereby amended so as to read as follows: Section Ten. The Board of Trustees shall have the following powers: First-To institute and maintain any suit or suits of said city in the proper court or courts whenever, in their judgment, necessary to enforce or maintain any right or rights of said city, and they may, in like manner, defend all actions brought against said city. Second-They shall annually levy a tax of not less than one-quarter of one per cent., and not exceeding three-fourths of one per cent., on all the assessed value of all the real and personal property situate in said city, and by law made taxable for State and county purposes. Third-To lay out, extend and change the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lightning or otherwise improving the same; also to provide for the construction, repair, preservation, grade and width of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets, alleys and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost of any part thereof for improving and street or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or side-walk, or proposed sidewalk, is or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided further, that said cost of building, repairing or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon the property in front of which the same is, or will be, shall in no case exceed ten per cent. of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be. Fourth-To condemn property for the use of the said city in the manner hereinafter provided. Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate and disband fire or hose companies in said city. |
κ1889 Statutes of Nevada, Page 69 (CHAPTER 71)κ
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Sixth-To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city. Seventh-To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal and prevention of the same. Eighth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys and all exhibitions and amusements within said city; to fix, and regulate and collect a license tax upon, and regulate all taverns, hotels, restaurants, eating-houses, boarding-houses, lodging-houses, saloons, bar-rooms, bankers, brokers, gold dust or bullion dealers, manufactories, livery stables, livery stable keepers, express companies, persons or corporations engaged in carrying letters or packages, railroad and stage companies, or the owners of railroads, stages or stage lines, having an office, agency or place of business in said city, or running through said city; to license, tax and regulate auctioneers and stock brokers within said city; to license, tax, regulate or prohibit all tippling houses, dram shops, saloons, and raffles and lotteries; and license, tax and regulate all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of the State), pawnbrokers, refreshment and coffee stands, booths and sheds within the city; to regulate or prohibit prostitution within the city; to license, tax, regulate or prohibit prostitutes, houses of ill-fame, unlicensed and disorderly houses, gaming houses, hurdy-gurdy houses, or dance houses, within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city and not hereinbefore specified. Ninth-To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued. Tenth-To punish, restrain and prevent any disorderly conduct within the city. Eleventh-To hold, manage, use and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sales of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent. of such appraised value. Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said Board of Trustees, to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment, after conviction may be made to work during the term of such imprisonment on any public works of said city, |
Powers of Board of Trustees. |
κ1889 Statutes of Nevada, Page 70 (CHAPTER 71)κ
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Powers of Board of Trustees. |
after conviction may be made to work during the term of such imprisonment on any public works of said city, and the City Marshal or Street Inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work. Thirteenth-To establish a Board of Health, to prevent the introduction and spread of disease. Fourteenth-To adopt and pass all ordinances, resolutions, rules, and orders, and to do and perform all other Acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the Treasury of said city; provided, said Board shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the Treasury to pay the same at the time of such allowance. Any property, real or personal, necessary for the public use of said city, may be condemned and appropriated in following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, or owner or owners of the property to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property, or claimants interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or interest therein, by them appraised, shall be reported to the Board of Trustees and may by them be regarded as final and binding; and upon the tender in gold coin of the United States of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect for twenty days, when required by the Board of Trustees of the city to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuation shall be final and binding; but no act of condemnation of property, or any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto or right therein, and in the condemnation of property, as in this Act provided, the referees or the Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is to be condemned will be of any benefit to the person owning or claiming the said property, or some interest therein, and if they find the same will be of any benefit to such person or persons, they shall estimate the value of such benefit to him or them, or to such person or persons, and deduct the amount thereof from the estimated value of the property or interest therein condemned. |
κ1889 Statutes of Nevada, Page 71 (CHAPTER 71)κ
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amount thereof from the estimated value of the property or interest therein condemned. Fifteenth-To cause the City Marshal to appoint one or such number of policemen as the Board of Trustees shall from time to time determine, who shall be under the direction and control of the Marshal, as head of the police force of said city, but such appointment shall be of no validity whatever until the same shall have been approved by said Board of Trustees, and the said Board of Trustees shall have power to remove any such policeman from office at pleasure, upon good cause shown, and upon a charge being preferred, to suspend until the same shall have been passed upon finally. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Powers of Board of Trustees. |
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Chap. LXXII.An Act fixing the time for the opening and closing of saloons and gaming houses.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first day of April, A. D. one thousand eight hundred and ninety-nine, it shall be unlawful for any person or persons, firm or corporation engaged in the business of selling any kind or kinds of spirituous or malt liquors by the glass or drink, or engaged in carrying on or conducting any kind or character of gambling or games of chance, to open such place of business for the sale of such liquors, or for the prosecution of such games, at an earlier hour than six oclock in the morning of each or any day, and no such person or persons, firm or corporation shall sell or give away any such liquors or continue or allow the continuance of any such games in or about their respective places of business after the hour of twelve oclock p.m. of each or any day, and all such places of business, excepting hotels, shall be closed between the hours of midnight and the hour of six oclock the next morning of each and every day. Sec. 2. A violation of any of the provisions of this Act shall be deemed a misdemeanor, and upon conviction the offender shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment, and persons acting as servants, employes or agents shall be equally liable with their employers and principals. Sec. 3. Peace officers are hereby especially required to strictly enforce the provisions of this Act, and a failure on the part of any such officer to perform such duty shall render him liable to removal from office as prescribed by law. |
Hours for sale of liquors.
Hotels excepted.
Penalty.
Peace officers to enforce. |
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κ1889 Statutes of Nevada, Page 72κ
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Unlawful to shear sheep.
Penalty. |
Chap. LXXIII.An Act to prohibit the shearing of sheep within the limits of any city or town in this State.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any sheep to be penned, housed or fed for the purpose of being sheared, or to be sheared, within the ordinary limits of any city or town of this State during any period of the year. This shall not apply to any place not within one-half mile of a residence. Sec. 2. Any person or persons, corporation, agent or agents, being owner of or having control or charge of any sheep, who shall willfully violate any of the provisions of this Act, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof, before any court of a competent jurisdiction, shall be punished by a fine not exceeding one hundred dollars or imprisonment not exceeding fifty days, or by both such fine and imprisonment, as the court may impose. |
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Militia appropriation. |
Chap. LXXIV.An Act to appropriate one thousand dollars for the benefit of the militia of the State.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand dollars is hereby appropriated for the use and benefit of the militia of this State for the purpose of paying for transportation for the years of eighteen hundred and eighty-nine and eighteen hundred and ninety, payable out of any moneys in the State Treasury not otherwise specially appropriated. Sec. 2. All bills for transportation must be audited and approved by the Board of Military Auditors and passed upon by the Board of Examiners, and, if allowed, the State Controller shall draw his warrant on the treasury for the amounts so allowed. |
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κ1889 Statutes of Nevada, Page 73κ
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Chap. LXXV.An Act relating to elections.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several Boards of County Commissioners in the counties of this State in providing for and proclaiming election precincts shall so arrange and divide the voting places in their respective counties so that no greater number than four hundred voters shall vote in one precinct; provided, that where there are registered over four hundred and less than four hundred and eighty, then one polling place shall be sufficient for said precinct. |
Dividing voting places. |
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Chap. LXXVI.An Act to amend an Act entitled An Act concerning District Attorneys, approved March 11, 1865.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section six. If he fails to attend any session of the District Court, or for any reason is disqualified from acting in any matter coming before said court, the court may appoint some other person to perform the duties of District Attorney, who shall receive a reasonable compensation, to be certified by the court and paid out of the County Treasury. The amount so paid shall be deducted by the Board of County Commissioners from the salary allowed to said District Attorney. |
Court may appoint. |
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Chap. LXXVII.An Act to amend an Act entitled An Act concerning crimes and punishments, approved November 26, 1861.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of said Act is amended so as to read as follows: |
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κ1889 Statutes of Nevada, Page 74 (CHAPTER 77)κ
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Punishment for rape. |
Section forty-four. Rape is the carnal knowledge of a female forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the State Prison for a term not less than five years, and which may extend to life; and any person of the age of fifteen years and upwards who shall have carnal knowledge of any female child under the age of fourteen years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided. |
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Water running upon highway, street or alley a misdemeanor.
Road Supervisor to notify. |
Chap. LXXVIII.An Act to prevent the owners, superintendents or managing agents of any water ditches, flumes or artificial water-courses, to allow the water from the same to run into or upon any public road, highway, street or alley in this State.
[Approved March 6, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person or persons being the owner or owners, superintendent or managing agent of any water ditch, flume or artificial water-course, within this State, shall willfully, maliciously, negligently or carelessly allow or let the water from the said ditch, flume or artificial water-course run or flow into or upon any public road, highway or common street or alley of any city, town or village within this State, so as to make the said public road, highway, street or alley impassable or inconvenient to travel, every person so offending shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars. Sec. 2. Whenever the water from any ditch, flume or artificial water-course in this State shall run or flow into or upon any public road, highway, street or alley of any city, town or village of this State, and the Road Supervisor within whose road district said public road, highway, street or alley is situated, and in case there is no Road Supervisor, then any member of the Board of County Commissioners of the county within which said public road, highway, street or alley is situated, shall notify the said owner or owners, superintendent or managing agent of said ditch, flume or artificial course, that the water from the same is or has been flowing into or upon said public road, highway, street or alley, making the same impassable or inconvenient to travel or pass, and in case the said owner or owners, or superintendent or managing agent of said ditch, flume or artificial water-course refuse or neglects for five days to repair the same and prevent the water from flowing into or upon said public road, highway, street or alley, it shall be prima facie evidence of negligence. |
κ1889 Statutes of Nevada, Page 75 (CHAPTER 78)κ
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or upon said public road, highway, street or alley, it shall be prima facie evidence of negligence. Sec. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Prima facie evidence. |
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Chap. LXXIX.An Act relating to the payment of expenses of the Sheriff of Lincoln county.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The payment of the expenses of the Sheriff of Lincoln county actually and necessarily incurred and paid by him in civil and criminal cases, as now provided by law, shall be made on the showing now required by law, in all such cases wherein said officer is required to travel a distance greater than twenty miles from the county seat. |
Payment of expenses of Sheriff of Lincoln county. |
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Chap. LXXX.An Act to authorize the Board of Trustees of Carson City, Nevada, to issue bonds for the purpose of constructing and maintaining a system of sewerage within the corporate limits of Carson City, Nevada.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of Carson City, Nevada, are hereby authorized and empowered to prepare and issue bonds of said city to the amount of not exceeding twenty-five thousand dollars in the manner and form hereinafter specified, for the purpose of providing for a system of sewerage and constructing and maintaining sewers within the corporate limits of Carson City, Nevada. Sec. 2. Said bonds shall be issued at such times and in such amounts as said Board of Trustees may determine, and shall be consecutively numbered; they shall be payable to bearer at the office of the City Treasurer, in said Carson City, not more than twenty-five years from their date; they shall be prepared in proper form under the direction of the Board of City Trustees; they shall be signed by the President of said board and countersigned by the Clerk, who shall attach thereto the seal of said city; said bonds shall bear interest at the rate of six per cent. |
Trustees empowered to issue bonds.
When and where payable. |
κ1889 Statutes of Nevada, Page 76 (CHAPTER 80)κ
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Rate of interest.
Redemption of bonds.
To be sold at not less than per value.
Annual tax levy.
Surplus of proceeds, how applied. |
of said city; said bonds shall bear interest at the rate of six per cent. per annum, payable annually on the tenth day of December of each year; they shall have proper interest coupons attached thereto which shall be signed by the President of the board. The first coupon upon each of the bonds shall represent the fractional part of one years interest from the date of the issue to the tenth day of December next ensuing. Said bonds shall be payable in not less than five or more than twenty-five years from their date, and each bond shall express upon its face that the City of Carson may redeem it at its option on the tenth day of any December after five years from its date. Sec. 3. Whenever the Board of City Trustees shall elect to redeem any bond or bonds, issued in pursuance of this Act, after the same shall have run five years, they shall so notify the City Treasurer, and the City Treasurer shall so notify the party presenting the interest coupon of such bond or bonds for payment, and such notice shall operate to stop the accruing of further interest on such bond, and if the coupon on any bond or bonds next falling due after such election to redeem shall not be presented for payment, the interest upon such bond or bonds shall cease without notice; provided, there be funds in the City Treasury set apart for the payment of the same. Any such moneys so set apart shall remain in the treasury for the redemption of such bond or bonds when presented. Said bonds shall be issued in the denominations of not less than one hundred dollars and not more than one thousand dollars, and shall be redeemed in the order of their number. Sec. 4. Said bonds shall be sold by the Board of Trustees for not less than their par value, and the proceeds thereof shall be paid into the City Treasurer, who shall place the same into a fund to be known as the Sewerage Fund. Sec. 5. The Board of Trustees of Carson City are hereby authorized and empowered to levy and collect, annually, until all the bonds and coupons issued under the provisions of this Act have been fully paid or provided for, a tax sufficient to pay the accruing interest and to redeem such of said bonds after five years from their date, as they may elect to redeem, not exceeding twenty-five cents in any one year upon each one hundred dollars of the taxable property within the corporate limits of said Carson City, the proceeds of which tax shall be applied exclusively to the payment of the principal and interest of said bonds; provided, that after five years from the first issue of said bonds, issued under the provisions of this Act, a sufficient number of said bonds shall be redeemed annually until all of the bonds are redeemed. The City Treasurer of said Carson City is hereby authorized and directed to pay all interest coupons, as the same fall due, and to redeem said bonds after five years from their date, as directed by the said Board of Trustees. In case there is any surplus of the proceeds of the above mentioned tax, after the payment of interest coupons and the redemption of bonds as provided, the same shall be paid into the General Fund of the city. |
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κ1889 Statutes of Nevada, Page 77κ
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Chap. LXXXI.An Act making appropriations for the support of the civil government of the State of Nevada for the twenty-fifth and twenty-sixth fiscal years.
[Approved March 7, 1889.]
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-fifth and twenty-sixth 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 State Librarian and ex-officio Adjutant-General, five thousand four hundred ($5,400) dollars. Sec. 5. For salary of the Secretary of State, six thousand ($6,000) dollars. Sec. 6. For salary of Deputy Secretary of State, four thousand ($4,000) dollars. Sec. 7. For salary of State Controller, six thousand ($6,000) dollars. Sec. 8. For salary of Deputy State Controller, four thousand ($4,000) dollars. Sec. 9. For salary of State Treasurer, six thousand ($6,000) dollars. Sec. 10. For salary of Deputy State Treasurer, four thousand ($4,000) dollars. Sec. 11. For salary of Attorney-General, six thousand ($6,000) dollars. Sec. 12. For salary of Surveyor-General and State Land Register, six thousand ($6,000) dollars, payable out of the State School Fund. Sec. 13. For salary of Deputy in Surveyor-Generals and State Land Registers office, four thousand ($4,000) dollars, payable out of the State School Fund. Sec. 14. For salary of the Superintendent of Public Instruction, four thousand ($4,000) dollars, payable out of the General School Fund. Sec. 15. For salaries of Justices of the Supreme Court, thirty-six thousand ($36,000) dollars. Sec. 16. For salary of Clerk of the Supreme Court and ex-officio Reporter of Decisions, six thousand ($6,000) dollars. Sec. 17. For salary of Superintendent of State Printing, four thousand ($4,000) dollars. Sec. 18. For 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. |
Appropriation for support of State Government. |
κ1889 Statutes of Nevada, Page 78 (CHAPTER 81)κ
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Appropriation for support of State Government. |
of the Board of Commissioners, eighty-five thousand ($85,000) dollars. Sec. 19. For the support of the Nevada State Prison, including the salaries of the Warden and Deputy Warden, seventy-five thousand ($75,000) dollars. Sec. 20. 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. 21. 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, two thousand ($2,000) dollars. Sec. 22. For the support of the State Printing Office, including printing of Nevada Reports, fifteen thousand ($15,000) dollars. Sec. 23. For salary of Bailiff of the Supreme Court, five hundred ($500) dollars. Sec. 24. For salaries of porters and night watchman for the State Capitol, six thousand ($2,000) dollars. Sec. 25. For salary of draughtsman in the State Land Office, three thousand two hundred ($3,200) dollars, payable out of the State School Fund. Sec. 26. For the payment of rewards offered by the Governor, two thousand ($2,000) dollars. Sec. 27. For the official advertising and book binding, including Supreme Court Reports, three thousand five hundred ($3,500) dollars. Sec. 28. 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, and storage and transportation of State property, six thousand ($6,000) dollars. Sec. 29. For the stationary, fuel and lights for State officers and State Capitol building, four thousand ($4,000) dollars. Sec. 30. For repairing and keeping up the Capitol grounds and water works, three thousand five hundred ($3,500) dollars. Sec. 31. For enforcing collection of revenue and prosecuting delinquents by State Controller, one thousand ($1,000) dollars. Sec. 32. For furniture and repairs to the State Capitol, one thousand five hundred ($1,500) dollars. Sec. 33. For preparation of Nevada Reports for publication, seven hundred ($700) dollars. Sec. 34. For furnishing lights, fuel, repairing Legislative halls and repairing furniture for the fifteenth session of the State Legislature, seven hundred and fifty ($750) dollars. Sec. 35. 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, six hundred ($600) dollars, payable out of the State School Fund. Sec. 36. For expenses of Teachers Institute for 1889 and 1890, four hundred ($400) dollars, payable out of the General School Fund. |
κ1889 Statutes of Nevada, Page 79 (CHAPTER 81)κ
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Sec. 37. For fence for grounds of State Printing Office, and purchase of new engine and new material for State Printing Office, three thousand five hundred ($3,500) dollars. Sec. 38. For traveling expenses of Superintendent of Public Instruction, eight hundred ($800) dollars, payable out of the General School Fund. Sec. 39. For carrying on the manufacture of boots and shoes at the State Prison, fifteen thousand ($15,000) dollars. Sec. 40. For salary of clerks in State Land Office, six thousand ($6,000) dollars, to be paid out of the State School Fund. Sec. 41. For salary of the Superintendent of Public Instruction, as ex-officio Curator of the State Museum and Secretary of the Board of Directors of State Orphans Home, eight hundred ($800) dollars. Sec. 42. For the salary of the Director of the Weather Service Station, twelve hundred ($1,200) dollars. Sec. 43. For salary of Attorney at Washington, to attend to and represent the land interests of the State before the departments, two thousand ($2,000) dollars, to be paid out of the State School Fund. Sec. 44. For the necessary expenses of the Fish Commissioner, in carrying out the provisions of an Act entitled An Act to provide for the preservation of fish in the waters of this State, two thousand ($2,000) dollars. Sec. 45. For salary of Clerk of the State Library, from January seventh to March seventh, eighteen hundred and eighty-nine, two hundred ($200) dollars. Sec. 46. To be expended in indexing Journals and copying Statutes of the fourteenth session of the Legislature, one hundred ($100) dollars. Sec. 47. For the purchase of instruments for and contingent expenses of weather service stations, eight hundred ($800) dollars. Sec. 48. For the purchase of water supply for the Capitol and grounds and the State Orphans Home, ten thousand ($10,000) dollars, to be expended by the Board of Capitol Commissioners. Sec. 49. The Attorney-General shall index the Statutes of the fourteenth session of the Legislature, and the sum of one hundred ($100) dollars is appropriated therefor. Sec. 50. For traveling expenses of District Judges, thirty-six hundred ($3,600) dollars. |
Appropriation for support of State Government. |
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κ1889 Statutes of Nevada, Page 80κ
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Secretary of State, duties of.
State Printer, duties of. |
Chap. LXXXII.An Act to amend an Act entitled An Act to establish a State Printing Office, and to create the office of Superintendent of State Printing, approved March 11, 1879.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eighteen of said Act is hereby amended so as to read as follows: Section eighteen. The Secretary of State shall furnish to the Superintendent of State Printing, as soon as may be, and within three days from the time he receives the same from the Governor, after approval, a copy of all Acts, joint and concurrent resolutions and memorials with marginal notes to the same, passed at such session, and the Superintendent of State Printing shall, within ten days thereafter, print the number of copies as herein provided, and furnished printed sheets thereof to the Secretary of State, who shall, within three days thereafter, make out and deliver to the Superintendent of State Printing an index of the same, who shall, immediately upon the close of such session, print the said index and bind it in connection with the laws. The Superintendent of State Printing shall also furnish to each member of the Senate and Assembly, for distribution among their constituents, fifteen copies of the printed sheets of each Act as printed, or if more than one Act is printed at one time, then copies of the printed sheets of such series of Acts. He shall also distribute one copy of said Act or Acts to each County Clerk, County Auditor, District Judge, District Attorney and Justice of the Peace in the State. |
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Officers of Eureka county, salaries of. |
Chap. LXXXIII.An Act fixing the salaries and defining the duties of certain county officers in Eureka county, and other matters relating thereto.
[Approved March 7, 1889.]
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. 1891, the following-named officers of Eureka county shall receive in twelve equal monthly payments the following annual salaries, viz.: The Assessor of said county shall receive the sum of twenty-four hundred dollars; the Treasurer of said county shall receive twelve hundred dollars; the District Attorney of said county shall receive twelve hundred dollars; |
κ1889 Statutes of Nevada, Page 81 (CHAPTER 83)κ
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ney of said county shall receive twelve hundred dollars; the County Commissioners shall each receive the sum of six hundred dollars; the County Clerk shall receive nine hundred dollars; the County Recorder and ex-officio Auditor shall receive twelve hundred, and the Sheriff of said county shall receive four thousand dollars. Sec. 2. The salaries named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commissioners or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex-officio services of every kind and character rendered by said officers. Sec. 3. All the officers named in this Act shall, after said date, appoint and pay their own deputies and be responsible for their conduct, but no claim for any pay or compensation whatever for the services of any of said deputies or assistant shall be allowed by the Board of County Commissioners or Auditor, or paid by the County Treasurer of said county, except the said board may allow and the Treasurer pay, as other claims against the county, one Deputy Assessor at a compensation not exceeding four dollars per day, and not to exceed three months in any one year. Sec. 4. The Board of County Commissioners of said county may appoint one night watchman for the town of Eureka, provided the amount allowed or paid therefor in any one year shall not exceed the sum of nine hundred dollars. Sec. 5. The officers of the county of Eureka named in this Act, after said above-mentioned date, are entitled to charge, collect and retain as their own, for all services and ex-officio services rendered by them for any person, State or county, other than the county of Eureka, such fees and compensation as now are or hereafter may be allowed by law. |
Full compensation.
May appoint deputies.
Night watchman.
May collect fees. |
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Chap. LXXXIV.An Act to amend an Act entitled An Act to provide for the purchase of certain supplies for State officers and attaches of the Legislature, approved March 2, 1887.
[Approved March 7, 1889.]
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. It shall be the duty of said board, at the end of each fiscal year and such other times as they shall deem necessary, to require the Secretary of State to take an inventory of all the articles and classes of said supplies on hand and contracted for, and to make an examination of the amounts and vouchers appertaining to the same. |
Secretary of State to take inventory. |
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κ1889 Statutes of Nevada, Page 82κ
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Unlawful to sell tobacco to minors.
Penalty.
Shall forfeit license.
Repeal. |
Chap. LXXXV.An Act amendatory of and supplementary to an Act entitled An Act to restrict the sale of cigarettes, cigars aud tobacco, approved February 23, 1887.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act is hereby amended so as to read as follows: Section one. From and after the passage of this Act it shall be unlawful for any person or persons within this State to sell or give to any minor, under the age of eighteen years, any cigarette or cigarettes, or any tobacco of any description, except that upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, tobacco or cigars; said written request to be kept on file by the seller of giver of the article so sold or given away. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section two. Any person within this State who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof before any Justice of the Peace, shall be fined in any sum not exceeding five hundred dollars and not less than one hundred dollars, or imprisoned in the county jail for a period not exceeding six months nor less than fifty days, or by both such fine and imprisonment. The Justice of the Peace shall also tax as costs fifty dollars, in addition to the fine, to be paid to the informer. Sec. 3. If any dealer in cigarettes, cigars and tobacco shall be convicted twice for the commission of the offense described in the first section of this Act, he shall forfeit his license or licenses for carrying on his business, and no license shall be again granted to him to carry on a like business in the State of Nevada. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act, or repugnant thereto, are hereby repealed. |
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κ1889 Statutes of Nevada, Page 83κ
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Chap. LXXXVI.An Act to amend Section three hundred and forty of an Act entitled An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada, approved November 26, 1861.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and forty of said above-entitled Act is hereby amended so as to read as follows: Section three hundred and forty. A challenge for implied bias may be taken for all or any of the following causes, and no other: First-Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant. Second-Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages. Third-Being a party adverse to the defendant in civil action, or having complained against, or been accused by him in a criminal prosecution. Fourth-Having served on the Grand Jury which found the indictment, or on a Coroners jury which inquired into the death of a person whose death is the subject of the indictment. Fifth-Having served on a trial jury which has tried another person for the offense charged in the indictment. Sixth-Having been one of a jury formerly sworn to try the same indictment, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it. Seventh-Having served as a juror in a civil action brought against the defendant for the act charged as an offense. Eighth-Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged; provided, that such unqualified opinion or belief shall not have been formed or expressed or based upon the reading of newspaper accounts of the transaction. Ninth-If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty, in which case he shall neither be permitted nor compelled to serve as a juror. |
Challenge for implied bias, how taken. |
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κ1889 Statutes of Nevada, Page 84κ
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Artesian wells, bounty for sinking.
Additional bounty.
Appropriation. |
Chap. LXXXVII.An Act to amend an Act entitled An Act to encourage the sinking of artesian wells, approved March 5, 1887.
[Approved March 7, 1889.]
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, firm, company, corporation or association that shall, after the passage of this Act, commence the sinking of artesian wells, for stock or agricultural purposes, shall be entitled for sinking such artesian well, where flowing water is obtained, the following specified sums: For the first two hundred feet, one dollar and twenty-five cents per foot; for the third one hundred feet, one dollar and fifty cents per foot; for the fourth one hundred feet, two dollars per foot; for the fifth one hundred feet, two dollars and twenty-five cents per foot; for the sixth one hundred feet, two dollars and fifty cents per foot; for the seventh one hundred feet, three dollars per foot; for the eighth one hundred feet, three dollars and fifty cents per foot; for the ninth one hundred feet, four dollars per foot; for the tenth one hundred feet, four dollars and fifty cents per foot; for all depths exceeding one thousand feet, five dollars per foot for each and every foot below the said one thousand feet. And an additional bounty of one thousand dollars for every well sunk to the depth of one thousand feet or more; provided, that such well shall furnish twenty thousand gallons of water each twenty-four hours, flowing continuously for thirty days, said sums to be paid in the manner provided for in sections four and five of this Act; provided, that no bounty shall be paid on any well which does not furnish seven thousand gallons of water in each twenty-four hours, flowing continuously for thirty days; and provided further, that no two wells shall receive a bounty if located within the same county. Where two or more wells within the prescribed limit apply for a bounty, the well which first furnished the amount of water required by this Act shall be entitled to the bounty allowed by this Act. Sec. 2. Section six of said Act is hereby amended so as to read as follows: Section six. The sum of ten thousand dollars is hereby appropriated out of any money in the General Fund of this State for the payment of bounties herein provided for. |
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κ1889 Statutes of Nevada, Page 85κ
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Chap. LXXXVIII.An Act to amend an Act entitled an Act to amend an Act entitled An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada, approved November 26, 1861; approved March 14, 1885.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act is hereby amended so as to read as follows: Section three hundred and thirty-six. If the offense charged be punishable with death, or with imprisonment in the State Prison for life, the defendant is entitled to eight and the State to eight peremptory challenges. On a trial for any other offense the defendant is entitled to four and the State to four peremptory challenges. |
Peremptory challenges. |
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Chap. LXXXIX.An Act to amend an Act entitled An Act to regulate houses of prostitution, dance houses and houses where beer, wine or spirituous liquors are sold, approved February 26, 1887.
[Approved March 7, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act is hereby amended so as to read as follows: Section one. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill-fame, or to let or rent to any person whomsoever, for any length of time whatever, to be kept or used as a house of ill-fame, or resort for the purposes of prostitution, any house, room or structure situated within four hundred yards of any school house or school room used by any public or common school in the State of Nevada. Sec. 2. Section four of the Act of which this Act is amendatory is hereby repealed. |
Houses of ill fame, location of. |
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κ1889 Statutes of Nevada, Page 86κ
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State University, maintenance of.
To bear interest at four per cent.
Board of Commissioners, duties of.
Controller to prepare bonds.
To remain in force. |
Chap. XC.An Act authorizing a State loan.
[Approved March 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing funds for the support and maintenance of the State University without resorting to an onerous rate of taxation, the sum of thirty-eight thousand dollars is hereby authorized to be borrowed for the use and benefit of the State University Contingent Fund at such times and in such amounts as may be necessary to meet the requirements of the State University, from the State University Fund, ninety thousand-acre grant. Sec. 2. Said loan shall bear interest at the rate of four per cent. per annum, and shall be payable at any time within ten years from the date of issue of the bonds hereinafter provided for; the said interest shall be paid semi-annually on the first days of July and January of each year, and the State Controller is hereby directed to draw his warrant on the State Interest and Sinking Fund for the amount of said semi-annual interest when due, and in favor of the fund entitled thereto. All sums derived from interest on money borrowed from the State University Fund shall be paid into their appurtenant interest funds respectively, and for the regular and prompt payment of said interest the faith and credit of the State is hereby pledged. Sec. 3. The provisions of this Act shall be executed under the direction of a Board of Commissioners consisting of the Governor, State Treasurer and State Controller, and on the order of said board and the issue of the requisite bonds, the State Controller shall draw his warrant on the fund designated in said order and in favor of the Contingent University Fund of the State for the amount to be borrowed, and he shall deposit in the fund drawn upon bonds as herein provided in the amount of the money drawn therefrom. Sec. 4. The State Controller shall cause the bonds to be prepared that are to be used in pursuance of this Act, and each bond shall state in substance that the State of Nevada will pay to the fund borrowed from the amount of the bond within ten years from the date of issue, and interest semi-annually at the rate of four per cent. per annum; the said bonds shall be signed by the Governor, countersigned by the State Controller, indorsed by the State Treasurer and authenticated by the Great Seal of the State. Sec. 5. The provisions of section five of an Act entitled An Act authorizing a State loan, approved February twenty-eight, eighteen hundred and eighty-one, shall be applied to this Act, and shall be continued and remain in force until the bonds herein provided for are fully paid. Sec. 6. It shall be the duty of the State Treasurer and State Controller to make definite arrangements for the payment of the interest on said bonds when the same shall become due, |
κ1889 Statutes of Nevada, Page 87 (CHAPTER 90)κ
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Controller to make definite arrangements for the payment of the interest on said bonds when the same shall become due, at least sixty days before the time of payment, and in the event that the State Interest and Sinking Fund is insufficient, the amounts shall be paid out of the General Fund, and in the event that the General Fund proves inadequate, the Board of Commissioners, by this Act created, is hereby authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State. Sec. 7. Whenever, at the time of paying the semi-annual interest of the bonds, provided to be issued by this Act, there shall remain a surplus after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next semi-annual interest, of one thousand dollars or more, in the State Interest and Sinking Fund, such surplus shall be applied to the payment of the loan herein authorized to be made, by the cancellation and retirement of bonds to the amount of such surplus. |
Payment of interest.
Surplus of interest, how applied. |
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Chap. XCI.An Act to transfer moneys from the interest account, State University Fund, ninety thousand-acre grant, to the Contingent University Fund.
[Approved March 8, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the support of that department of the University devoted to teaching the theory and practice of mining, agriculture and mechanic arts, the State Controller and State Treasurer are hereby directed to transfer the sum of six thousand three hundred dollars from the interest account, ninety thousand-acre grant, to the Contingent University Fund; appropriations for all departments of the University having been made from the last named fund. |
Controller and Treasurer to transfer money. |
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Chap. XCII.An Act for the relief of John C. Dunlop, late County Clerk and ex-officio Treasurer of Storey county, Nevada.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whereas, During the years of eighteen hundred and eighty-six and eighteen hundred and eighty-seven, John C. Dunlop was the duly elected, |
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κ1889 Statutes of Nevada, Page 88 (CHAPTER 92)κ
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Relief of J. C. Dunlop.
Declared illegal.
County Commissioners to allow claim. |
C. Dunlop was the duly elected, qualified and acting Clerk of the county of Storey and ex-officio Treasurer of said county. That during said period it was found impossible for one person to perform the multifarious duties of the combined offices, and it became absolutely necessary for the said John C. Dunlop to appoint, and he did so appoint, one Charles Rawson Deputy County Clerk, and the said Rawson did continuously, from the first Monday in January, A. D. eighteen hundred and eighty-six, to the first Monday of January, A. D. eighteen hundred and eighty-nine, perform services as Deputy County Clerk of said Storey county, for which said John C. Dunlop paid him a monthly salary of one hundred and twenty-five dollars per month for the said two years. That the County Commissioners of Storey county, upon the recommendation of the Grand Jury as to the necessity of employing assistance for the said John C. Dunlop, employing the said Charles Rawson as deputy, at the said salary aforesaid; and, Whereas, As the action of the said board was declared, under the law, to be illegal, the said John C. Dunlop was compelled to pay the said Charles Rawson the said salary, amounting to the sum of three thousand dollars, out of his personal earnings. Sec. 2. Now, therefore, the Board of County Commissioners of the county of Storey are hereby directed and required to allow the claim of the said John C. Dunlop, in the sum of three thousand dollars, 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 required to pay the same. |
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To issue bonds.
Bonds payable, when and where. |
Chap. XCIII.An Act to authorize the issuance of certain bonds by Ormsby county and to provide for the payment of the same.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Ormsby county are hereby authorized and empowered to prepare and issue the bonds of said county in an amount not exceeding ten thousand dollars, in the manner and form hereinafter provided. Said bonds shall be issued at such times and in such amounts as may be required for the purpose of carrying out the provisions of this Act, and shall be consecutively numbered. Sec. 2. Said bonds shall be payable to bearer at the office of the County Treasurer in said county, not more than ten years from their date. They shall be prepared in proper form under the direction of the Board of County Commissioners. |
κ1889 Statutes of Nevada, Page 89 (CHAPTER 93)κ
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They shall be signed by the Chairman of the board, and countersigned by the Clerk, who shall attach thereto the county seal. Said bonds shall bear interest at the rate of six per cent. per annum, payable annually, on the tenth day of December of each year. They shall have proper interest coupons attached thereto, which shall be signed by the Chairman of the board. The first coupon upon each of the bonds shall represent the fractional part of one years interest from the date of its issue to the tenth day of December next ensuing. Said bonds shall be payable in not less than five nor more than ten years from their date, and each bond shall express upon its face that the county of Ormsby may redeem it at its option on the tenth day of any December after five years from its date. Sec. 3. Whenever the County Commissioners shall elect to redeem any bond or bonds issued in pursuance of this Act, after the same shall have run five years, they shall so notify the County Treasurer, and the County Treasurer shall so notify the party presenting the interest coupon of such bond or bonds for payment, and such notice shall operate to stop the accruing of further interest on such bond, and if the coupon upon any bond or bonds next falling due after such election to redeem, shall not be presented for payment, the interest upon such bond or bonds shall cease without notice; provided, there be funds in the County Treasury set apart for the payment of the same, and such money shall remain in the treasury for the redemption of such bond or bonds when presented. Said bonds shall be issued in denominations of not less than one hundred dollars and not more than one thousand dollars, and shall be redeemed in the order of their number. Sec. 4. The bonds herein provided for shall be sold by the County Commissioners for not less than their par value; the proceeds of such sales shall be paid to the President and Directors of the Ormsby County Agricultural Association District No. 1, to be used by them in the purchasing and improving suitable fair grounds for such association and the erection of suitable buildings thereon. Sec. 5. The Board of County Commissioners of Ormsby county are hereby authorized and required to levy and collect annually, until all the bonds and coupons issued under the provisions of this Act have been fully paid or provided for, a tax sufficient to pay the accruing interest, and to redeem such of said bonds after five years from their date as they may elect to redeem, not exceeding twenty cents in any one year upon each one hundred dollars of the taxable property of Ormsby county, the proceeds of which tax shall be applied exclusively to the payment of the principal and interest of said bonds; provided, that after five years from the first issue of bonds issued under the provisions of this Act, at least two thousand dollars of said bonds shall be redeemed annually until all of the bonds are redeemed. The County Treasurer of said county is hereby authorized and directed to pay all said interest coupons, as the same fall due, and to redeem said bonds after five years from their date, as directed by the Board of County Commissioners. |
Rate of interest.
Redemption of bonds.
To be sold at par value.
Annual tax levy. |
κ1889 Statutes of Nevada, Page 90 (CHAPTER 93)κ
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Surplus of interest.
Vested in the county.
Faith of Nevada. |
bonds after five years from their date, as directed by the Board of County Commissioners. In case there is any surplus of the proceeds of the above-mentioned tax after the payment of interest coupons and the redemption of the bonds as provided, the same shall be paid into the General Fund of the county. The tax so levied, as herein provided, shall be assessed and collected in the 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 Ormsby county, and be set apart as a fund to be called Ormsby County Agricultural Association Bond Fund. Sec. 6. All property acquired, purchased or improved under and by authority of this Act shall have the title thereof vested in the county of Ormsby, and shall be for the sole use and benefit of said county. Sec. 7. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified in any way as to impair the security of those who shall hold or purchase the bonds herein provided for. |
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Protection of wild game. |
Chap. XCIV.An Act relative to the preservation and protection of wild game.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be unlawful for any person or persons at any time between the first day of April of any year, and before the first day of September following, to catch, kill or destroy, or to pursue with such intent any sage-cock, hen or chicken, and every person or persons offending or violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding two hundred dollars nor less than twenty-five dollars. |
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Relief of Alf. Doten. |
Chap. XCV.An Act for the relief of Alf. Doten.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred and fifty dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, to be paid to Alf. Doten for services rendered and personal expenses incurred in compiling, |
κ1889 Statutes of Nevada, Page 91 (CHAPTER 95)κ
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ices rendered and personal expenses incurred in compiling, editing and preparing the Legislative Pioneer pamphlet relative to the donation of the cabinet property of the Society of Pacific Coast Pioneers to the State of Nevada and its acceptance by the Legislature of eighteen hundred and eighty-seven. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Alf. Doten for the sum of two hundred and fifty dollars, and the State Treasurer is hereby directed to pay the same. |
Controller to draw warrant |
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Chap. XCVI.An Act to provide for making a catalogue of the Nevada State Library.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the making and filing with the Clerk of the Supreme Court by Mrs. Jennie Fisher, on or before the first day of October, A. D. one thousand eight hundred and eighty-nine, of a good, sufficient and complete catalogue of the books, maps, charts, newspaper files, pamphlets and other sources of information contained in the State Library, said catalogue to conform substantially in method, as to system, form and manner, with that of the catalogue of the State Library of California, by Wells, edition of eighteen hundred and eighty-six, said Clerk of the Supreme Court shall lay the same before the Justices of the Supreme Court for their approval; the said Justices, or a majority of them, shall examine said catalogue and approve or disapprove the same as they may deem advisable. When approved by them, the said Justices shall direct said Clerk to certify their approval and deliver the certificate to the said Mrs. Jennie Fisher. Sec. 2. Upon the presentation of said certificate the State Controller is hereby authorized and directed to draw his warrant upon the State Treasurer in favor of said Mrs. Jennie Fisher for the sum of seven hundred and fifty dollars, and the State Treasurer is authorized and directed to pay the same. Sec. 3. The sum of seven hundred and fifty dollars is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, for the purpose of paying the warrant mentioned in this Act. Sec. 4. The Clerk of the Supreme Court shall deliver said catalogue to the State Printer, who shall print and have suitably bound two hundred copies of the same, and deliver them to the Librarian of said Library, who shall distribute as many of them as may be necessary in the usual manner. Ten copies of the catalogue, for the use of the Library, shall be interleaved with blanks for cataloguing new works, as they are added to the Library. |
Catalogue of State Library.
Controller to draw warrant
Appropriation.
Duties of State Printer. |
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κ1889 Statutes of Nevada, Page 92κ
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Appropriation.
Warden to furnish stone
Controller to draw warrant |
Chap. XCVII.An Act providing for the care and mounting of astronomical instruments belonging to the General Government and furnished to the Nevada Weather Service.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, for the purpose of caring for and mounting the several astronomical instruments furnished by the General Government to the Nevada Weather Service, said money to be expended under the direction of C. W. Friend, Director of the said Nevada Weather Service. Sec. 2. Any stone required in mounting said instruments shall be furnished and dressed at the Nevada State Prison free of charge, and the Warden of said prison, on the order of said C. W. Friend, shall cause to be prepared such stone as may be ordered. Sec. 3. The State Controller shall draw his warrants on the General Fund of this State as required by this Act, and the State Treasurer shall pay the same. |
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Storey county salaries of officers. |
Chap. XCVIII.An Act amendatory of and supplementary to an Act entitled An Act consolidating certain county and township offices in the State of Nevada, and fixing the salaries thereof, and all other matters relating thereto, approved March 12, 1885.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve of said Act is hereby amended so as to read as follows: Section twelve. The following-named officers of Storey county shall receive, in full payment of all services 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; |
κ1889 Statutes of Nevada, Page 93 (CHAPTER 98)κ
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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 nine hundred dollars a year; the Justice of the Peace, for services as Justice of the Peace, in any township wherein the number of votes cast at the last general election equalled 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 equalled or exceeded the number of twelve hundred, shall receive for their services the sum of eighteen hundred dollars a year; the Justice of the Peace, for services as such Justice of the Peace and ex-officio Coroner, in any township wherein the number of votes cast at the last general election equalled or exceeded the number of six hundred, shall receive the sum of four hundred and eighty dollars a year, and in addition thereto shall receive such fees as are now allowed by law; provided, such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases; the Constable, in any township wherein the number of votes equalled or exceeded the number of six hundred or more, shall receive the sum of four hundred dollars a year, and, in addition thereto, such fees as are now allowed by law; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases. Nothing in this Act shall affect Justices of the Peace or Constables in any other than the county of Storey. Sec. 2. The Sheriffs of the several counties in which this Act is applicable shall, in addition to the duties already required of them by law, collect the city and town licenses levied by the Boards of County Commissioners in their respective counties. Sec. 3. The Boards of County Commissioners of the counties in which this Act is applicable shall, when in their opinion it is necessary, allow the County Clerk and Sheriff of such counties to appoint such additional help as may be required to perform the work of the respective offices to the satisfaction of the people; provided, no deputy shall receive a compensation exceeding four dollars per day for each actual days labor performed; provided, that no such deputy shall be appointed for a longer period than six months in each year. Sec. 4. This Act shall take effect from and after its passage. All Acts and parts of Acts in conflict with the provisions of this Act, or repugnant thereto, are hereby repealed. |
Duties of Sheriffs.
Commissioners to allow additional help.
Take effect. |
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κ1889 Statutes of Nevada, Page 94κ
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Relief of T. J. Tennant
Controller to draw warrant |
Chap. XCIX.An Act to pay the claim of T. J. Tennant.
[Approved March 9, 1889.]
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 claim of T. J. Tennant for services rendered in the stationery department of the office of the Secretary of State during the year eighteen hundred and eighty-eight, and which claim was allowed by the Board of Examiners and reported by the State Controller among the deficiency bills. Sec. 2. The State Controller is hereby authorized and required to draw his warrant for the sum named in this Act, and the State Treasurer is hereby ordered to pay the same. |
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Deficiency appropriation. |
Chap. C.An Act to provide for the payment of the expenses of the special election, held February eleventh, eighteen hundred and eighty-nine, in excess of the amount heretofore appropriated for that purpose.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four thousand six hundred and eighty-seven and fifteen-hundredths dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purpose of paying any deficiencies that may arise on account of the insufficiency of the appropriation heretofore made to provide for the payment, by the State of Nevada, of the expenses of the special election held in this State on February eleventh, eighteen hundred and eighty-nine. |
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Chap. CI.An Act to provide for the disposal and sale of duplicate copies of books in the State Library.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Librarian is hereby authorized and directed to sell, at such prices as he may be able to obtain, all duplicate copies of books now in the State Library, |
κ1889 Statutes of Nevada, Page 95 (CHAPTER 101)κ
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duplicate copies of books now in the State Library, as well as those that may hereafter become such, that may be set apart for that purpose by the Justices of the Supreme Court, or a majority thereof; provided, that whenever in the opinion of said Justices any such duplicate copies will be of service other than mere pecuniary value to the library of the State University, then books thus designated shall by said Librarian be reserved for such library and transferred thereto upon the application of the Board of Regents approved by said Justices. |
Duplicate books to be sold. |
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Chap. CII.An Act for the aid and benefit of Agricultural District No. 1.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand five hundred dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, for the aid and benefit of Agricultural District No. 1, consisting of the counties of Storey, Ormsby and Douglas. Sec. 2. The said sum shall be expended under the direction and supervision of the Board of Directors of said Agricultural District No. 1. |
Aid of Agricultural District No. 1. |
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Chap. CIII.An Act to create the office of Road Supervisor, to define the manner of filling the same, together with powers, duties and compensation of said officer.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Road Supervisor is hereby created for Elko county. Sec. 2. The Board of County Commissioners of Elko county shall appoint a Road Supervisor for each road district in said county, to serve until the next general election, when said Supervisor shall be elected by the voters of their district, in the same manner that other township officers are elected, to serve two years, or until their successors are elected and qualified. |
Office created Commissioners to appoint |
κ1889 Statutes of Nevada, Page 96 (CHAPTER 103)κ
|
Powers and duties. |
Sec. 3. The powers, duties and compensation of said Road Supervisor shall be the same as provided by an Act of the Legislature, entitled an Act entitled An Act in relation to public highways, approved March second, eighteen hundred and seventy-seven. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Undisturbed right of flowing water |
Chap. CIV.An Act to amend an Act entitled An Act to allow any person or persons to divert the waters of any river or stream and run the same through any ditch or flume, and to provide the right of way through the land of others, approved March 3, 1866.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section three. The person or persons constructing or maintaining a ditch or flume, under the provisions of this Act, shall have the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, and to use the same at any necessary and convenient point or points along the line thereof; provided, that nothing in this Act contained shall be so construed as to interfere with any prior or existing claim or right. |
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Sheriff to pay over money. |
Chap. CV.An Act to amend an Act entitled 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; approved March 6, 1879.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventy-one of said Act is hereby amended so as to read as follows: Section seventy-one. On the second Monday in each month the Sheriff shall pay over to the Treasurer all moneys received by him from licenses, and take from the Treasurer duplicate receipts therefor, |
κ1889 Statutes of Nevada, Page 97 (CHAPTER 105)κ
|
receipts therefor, and he shall immediately on the same day return to the County Auditor all licenses not issued or disposed of by him, and the County Auditor shall credit him with the amount so returned, also the receipts of money paid to the County Treasurer, which receipts shall be filed with the County Auditor; the County Auditor shall charge the Treasurer therefor, and open a new account with the Sheriff for the next month. And it is hereby made the duty of each Sheriff in his county to demand that all persons required to procure licenses in accordance with this Act and the Acts of which it is amendatory, take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence. |
Required to take out licenses. |
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Chap. CVI.An Act to protect horse growers.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall sell any stallion within the limits of this State, intended for breeding purposes, and who shall give a false or erroneous written pedigree, shall be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State Prison for a term of not less than one year nor more than five years, and such person so offending shall be liable to the person so purchasing for all damages he may sustain by reason of such false record of pedigree; provided, that the provisions of this Act shall not apply to any representation concerning pedigree unless the same has been reduced to writing and signed by the party so making the same. Sec. 2. Every person who shall keep a stallion for the service of mares shall keep posted in a conspicuous place on or near the stable where such stallion is kept, a full and complete pedigree of such stallion headed by the name by which said stallion is known; provided, that in cases where the pedigree is unknown such fact shall be inserted in such notice in lieu of pedigree. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, and as a further punishment for the offense the owner or keeper of such horse shall have no legal right to collect any charges made for services of such horse. |
Punishment for erroneous pedigree.
To keep posted. |
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κ1889 Statutes of Nevada, Page 98κ
|
Washoe county, salaries of officers |
Chap. CVII.An Act to amend an Act entitled an Act to amend an Act entitled An Act regulating the compensation of county officers in the several counties of this State, and other matters relating thereto, approved March 11, 1885; approved February 19, 1887.
[Approved March 9, 1889.]
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 two. The Sherriff of Washoe county shall receive thirty-six hundred dollars per annum as the total compensation of said Sheriff, Deputy Sheriff 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 the salary now allowed by law, and the County Commissioners may allow such compensation as they deem necessary for a deputy or deputies, not to exceed the sum of four hundred dollars in any one year. The County Recorder and Auditor shall receive the salary now allowed by law, and the County Commissioners may allow such compensation as they deem necessary for a deputy or deputies, not to exceed the sum of four hundred dollars in any one year. The Treasurer shall receive eighteen hundred dollars per annum for his personal services, and there shall be allowed by the Commissioners such compensation for extra help during tax time and for watching the Treasurers office as they may deem proper. The District Attorney shall receive fifteen hundred dollars per annum, which shall be full compensation for his personal services. The Commissioners shall each receive six hundred dollars per annum, and the Assessor shall receive eighteen hundred dollars per annum for his personal services. |
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Chap. CVIII.An Act to amend an Act entitled An Act to regulate and license mutual life associations in this State, approved February 26, 1887.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled [an Act] to regulate and license mutual life associations in this State, approved February 26, 1887, is hereby amended so as to read as follows: |
κ1889 Statutes of Nevada, Page 99 (CHAPTER 108)κ
|
Section one. Mutual life, endowment and accident associations, conducted wholly on the assessment plan, duly incorporated and organized, shall not be required to make a showing of capital stock, but shall be permitted to do business in this State upon the following provisions only: They shall each pay into the treasury of the State, under the direction and to the satisfaction of the State Controller, the sum of two hundred dollars per annum. Upon the payment of said sum the State Controller shall issue to such association a license, duly verified under his hand and attested by his seal of office, authorizing such association to do business in this State for a period of one year from the date thereof, and subject to the provisions of an Act entitled An Act to license and regulate insurance business in this State, approved February twenty-three, eighteen hundred and eighty-one, except so far as in this Act special provision is made. |
Endowment associations, licensing of. |
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Chap. CIX.An Act to grant the right of way and to provide street railroads within the town of Reno, Washoe county, State of Nevada.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The exclusive right is hereby granted to William J. Westerfield, William Thompson, Fielding Lemon, W. O. H. Martin, Loammie Adams, C. C. Powning, their associates and assigns, to construct, lay down and maintain an iron railroad track within the town of Reno, Washoe county, State of Nevada, in and upon any of the streets in said town, together with proper and necessary switches, turn-outs and turn-tables along the entire route, and to run cars thereon at all convenient hours of every day and night for the transportation of passengers and freight; provided, that the right of way is not hereby granted across the iron bridge crossing the Truckee river on Virginia street. Sec. 2. The owners of said railroads shall keep those portions of the street or streets occupied by the said railroad track, and ten feet on each side of said track, in good repair, so as not to interfere with the passage of persons or vehicles, and shall pave, macadamize or plank the aforesaid portions of said street as the proper authorities of said town or county may direct, so as to correspond with other portions of said streets. Sec. 3. The track of said railroad shall not be more than five feet wide within the rails; it shall be laid as nearly as possible in the center of the street and flush with the level of the streets, so as to offer as little obstruction as possible in the crossing of vehicles. |
Authorized to construct street railroad.
To keep streets in repair.
Width of track. |
κ1889 Statutes of Nevada, Page 100 (CHAPTER 109)κ
|
Cars used, construction of.
Misdemeanor
Franchise for twenty-five years.
Shall not conflict with authorities. |
Sec. 4. The cars upon said railroad shall be of the most approved construction for the comfort and convenience of passengers, and the delivery of freight, and shall be provided with sufficient brakes and other means of stopping the same when required; they shall be moved by horses or mules, and not otherwise, and at a speed not exceeding eight miles an hour; and in case of a violation of this provision, the owners of said railroad shall be subject to a fine not exceeding one hundred dollars for each offense. Sec. 5. Any person willfully obstructing said railroad shall be guilty of a misdemeanor, and punished accordingly. Sec. 6. The franchise and privilege hereby granted shall continue for the period of twenty-five years from and after the passage of this Act; provided, that the grantees herein, their associates or assigns, shall commence the construction of said railroad on or before May first, eighteen hundred and ninety. Sec. 7. Nothing in this Act shall be so construed as to prevent the proper authorities of said town and county from sewering, grading, paving, planking, repairing or altering any street or streets upon which said railroad shall run, but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon said railroad, and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow the owners of said railroad time sufficient to enable them to shift the rails or take other means to avoid said obstruction, which they, the owners are hereby authorized to do. |
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Capitol grounds, lighting of by electricity.
Protection of life and property. |
Chap. CX.An Act to authorize the lighting of the State Capitol building and grounds by electricity.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of lighting the extension of the Capitol building and grounds by electricity, until midnight each day, the Board of Capitol Commissioners, are hereby authorized, empowered and instructed to contract for and procure one or more lights, not to exceed four in number; provided, that the cost per light shall not exceed seventeen dollars per month, and that the total cost per month shall not exceed the sum of sixty-eight dollars; and provided further, that the contract hereby authorized shall not extend beyond the first day of January, A. D. eighteen hundred and ninety-one. Sec. 2. All appliances and matters used or furnished for carrying out the provisions of this Act, shall be of the best quality and free of charge to the State. Said Board of Capitol Commissioners shall exact from its contractor every precaution necessary for the protection of life and property, and that said light or lights, and the connections therewith, be placed and maintained by said contractor in such place and manner as the said board shall direct. |
κ1889 Statutes of Nevada, Page 101 (CHAPTER 110)κ
|
necessary for the protection of life and property, and that said light or lights, and the connections therewith, be placed and maintained by said contractor in such place and manner as the said board shall direct. Said board shall expressly reserve the right to cancel said contract upon the failure of said contractor to comply with any of the conditions herein written, or that may be required by the written agreement of said board with said contractor. Sec. 3. The sum of fifteen hundred dollars is hereby appropriated out of the General Fund of the State, from any moneys not otherwise appropriated, for the purpose of procuring and maintaining the electric lights as provided in section one of this Act. Sec. 4. All bills for the maintenance of said lights shall be submitted to and passed upon by the Board of State Capitol Commissioners, and when passed upon by the State Board of Examiners, shall be paid as other bills against the State are paid. |
Appropriation.
Board of Examiners to pass upon bills. |
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Chap. CXI.An Act to amend 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 March 4, 1881; approved February 27, 1885.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above-entitled Act is hereby amended so as to read as follows: Section two. 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 five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment, as the court shall adjudge, and the court pronouncing a judgment of conviction under this Act shall declare such opium and pipes contraband and unlawful, and direct and order that all opium and all pipes and utensils used in smoking opium, taken and found, destroyed by the officer or person having the possession thereof as soon as the same is no longer necessary for the purposes of evidence. |
Opium smoking, punishment for. |
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κ1889 Statutes of Nevada, Page 102κ
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Preamble.
Board of Reclamation Commissioners created.
Divided into seven districts. |
Chap. CXII.An Act to provide for the storage of water, to encourage milling, mining and internal improvements and to reclaim the arable desert lands and develop the agricultural resources of the State of Nevada, and to provide funds for the payment of the same.
[Approved March 9, 1889.]
Whereas, The State of Nevada has received from the General Government a grant of two million acres of land in lieu of the sixteenth and thirty-sixth sections, previously granted to the State of Nevada, the proceeds from the sale of which are to be placed to the credit of the School Fund of the State; and Whereas, Under an Act of Congress, approved September 4, 1841, and an Act approved March 21, 1864, a grant of 500000 acres of land was made to the State of Nevada for internal improvements; and Whereas, The selection of said lands are not confined to any particular section of unappropriated lands; and Whereas, The greater portion of unappropriated lands in the State of Nevada is known to be desert, waste and actually valueless and without sale, unless water, for the purpose of irrigation, can be brought upon them, and the land properly and systematically irrigated, crops of all kinds cannot be successfully raised; and Whereas, The permanent settlement, growth, wealth and independence of the State and people, as well as the sale of school lands, depend upon the reclamation of these desert lands; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A Board of Reclamation Commissioners is hereby created, to consist of four members, to be known as the Board of Reclamation and Internal Improvements, for the storage of water and reclamation of arable desert lands in this State. Said board to consist of J. F. Clark of Humboldt county, Evan Williams of Ormsby county, J. R. Bradley of Elko county and Herman Springmeyer of Douglas county. The said J. F. Clark of Humboldt county and Evan Williams of Ormsby county to hold the position for the term of four years, or until the election of their successors, and the said J. R. Bradley of Elko county and Herman Springmeyer of Douglas county to hold the position for the term of two years, or until the election of their successors. The State of Nevada is hereby divided into seven Internal Improvement and Reclamation Districts, of which Douglas, Ormsby, Esmeralda, Lyon and Storey shall constitute the First District, Washoe county the Second District, Churchill county the Third District, Humboldt county the Fourth District, Elko county the Fifth District, Lander, Eureka and White Pine counties the Sixth District, and Nye and Lincoln counties the Seventh District. |
κ1889 Statutes of Nevada, Page 103 (CHAPTER 112)κ
|
counties the Sixth District, and Nye and Lincoln counties the Seventh District. At the general election in eighteen hundred and ninety, and at each general election thereafter, there shall be elected from the State at large two Reclamation Commissioners, one who shall serve for the term of two years, and one for the term of four years, from and after the first Monday in January next succeeding such election. The office of said board shall be in the State Capitol building, at the seat of government. The board shall adopt rules and regulations for the transaction of its business. Sec. 2. The Board of Reclamation shall invite, receive and procure information and statics in regard to all public lands within this State, and the waters running therein, which are or may become possible of reclamation, by means of conducting upon them the unappropriated waters running through natural or artificial channels within this State, and shall report the same, together with an approximate estimate of costs and result of such proposed reclamation, at each biennial session of the Legislature. Sec. 3. The Board of Reclamation shall also invite, receive, procure and publish facts and statistics regarding the natural water courses of this State and several districts, including source, supply, water power and other matters relating to the value of said waters, or the most practical methods of utilizing the same, either for milling, mining, manufacturing or agricultural purposes, in order that said information may be offered for the attraction of dormant capital and the encouragement of individual enterprise. Sec. 4. It shall be the duty of the Surveyor-General, ex-officio, to furnish the Board of Reclamation, within a reasonable time, maps, profiles and estimates to determine the cheapest and most economical and valuable routes for canals, reservoirs and other improvements for irrigation and milling purposes; and also to furnish maps, plans and estimates for the purpose of building reservoirs, dams, etc., connected with the storing and preserving of waste water. Sec. 5. The Board of Reclamation shall have the power to divide the State into districts, and to appoint a superintendent for each reclamation district within the State, which they may establish and define, whose duty it shall be to superintend the building, constructing and maintenance of the canals, dams and other like works within his district as so defined. Sec. 6. The work of building and constructing any and all canals, dams and other improvements shall be done by contract, if done by private parties the contracts to be let to the lowest responsible bidder. The work done by contract shall be let in lots of one or more sections, said sections not being more than one mile in length, as indicated by the maps, profiles, plans and specifications prepared by the Surveyor-General and adopted by said board. Sec. 7. The Board of Reclamation Commissioners of the State are hereby authorized and directed to employ a competent civil engineer to ascertain and report the number of irrigating ditches in each reclamation district, the capacity of the same in inches and amount heretofore appropriated and used through said ditches. |
To procure statistics.
Same.
Surveyor-General to furnish maps, etc.
Powers of Board.
To construct dams and canals.
To employ engineer. |
κ1889 Statutes of Nevada, Page 104 (CHAPTER 112)κ
|
Pay for additional water.
To make rules.
May purchase or rent.
To submit to voters.
Shall advertise for bids.
May be paid monthly.
To fix day for completion of canal or dam. |
ditches in each reclamation district, the capacity of the same in inches and amount heretofore appropriated and used through said ditches. Sec. 8. Any irrigating ditch now constructed and hereafter carrying more water than reported by said civil engineer, the owner or owners thereof of said ditch shall pay to the Reclamation Fund of the State, for such additional water, such sums or rates as the Board of Reclamation Commissioners shall designate; which sum, so paid, shall constitute a part of the Reclamation Fund, and shall be available for demands against said fund. Sec. 9. Whenever the Board of Reclamation Commissioners deem the reorganization or division of any district advisable for internal improvements contemplated by this Act, they shall have power to make such changes and establish such additional rules for the government thereof as will not conflict with prior rights as now recognized by law. Sec. 10. The board shall have power to purchase or rent such lands for reservoirs, sites or ditches, as they may deem best, whether within or without the boundaries of this State. Sec. 11. The Board or Reclamation Commissioners, on petition of ten or more persons interested in irrigation ditches, in any district in this State, petitioning for the issuance of bonds of said district for reclamation purposes, said board shall, at the next general election, submit the question, together with amount of bonds to be issued, to the voters of said district; and, if carried at said election, the said board shall issue and dispose of said bonds under such rules and regulations as they may adopt, the proceeds thereof to be placed in the Reclamation Fund of the district, and made available for reclamation purposes. Sec. 12. The board shall advertise for and receive bids upon the work to be done as soon as the Surveyor-General can have surveys, maps, plans, specifications and estimates of the same in readiness for adoption by the board and inspection by bidders, and shall fix a time when they will open bids and award contracts, which shall not be done on less than four weeks notice thereof, which said notice shall be given for said time by publication in one newspaper in the reclamation district where the work is to be done, or by posting notices. Sec. 13. The terms of contracting may be to pay monthly, as the work progresses, on the estimate of the Surveyor-General or engineer of the amount of work done, seventy per centum of its contract value, reserving to the district or State thirty per centum of the value thereof to insure its faithful completion according to contract, when full payment shall be made, including the retained per centum. Sec. 14. The board shall fix a definite day for the final completion of any canal, dam or other improvement, and require all contracts to be done and completed on or before that day, and shall in any agreement reserve the right of forfeiture to the State or district of any retained per centum, and to award the contract of any person or persons who, in the opinion of the Surveyor-General, confirmed by the board, fails to make such monthly progress as will insure the completion of any such work so undertaken or contracted for on the day named. |
κ1889 Statutes of Nevada, Page 105 (CHAPTER 112)κ
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opinion of the Surveyor-General, confirmed by the board, fails to make such monthly progress as will insure the completion of any such work so undertaken or contracted for on the day named. Sec. 15. The Board of Reclamation shall, upon organization as herein provided, be authorized, empowered and directed to construct a canal, ditch or other proper work at, from or upon the most desirable and practical point on any river or water way in the State, or that can be procured-the said point to be hereafter selected by said board-to connect with, and to be connected with, for the purpose of milling or irrigating the arable lands situate, lying and being in the accessible vicinity of such selected river or water way; and the said canal, ditch or other work shall be built or established upon a grade or plan in accordance with the configuration and necessities of the shortest and most feasible route and safe carriage of the requisite volume of water required to irrigate the lands within the scope of said ditch or work. Sec. 16. The total cost of said canal, ditch or work shall not exceed one hundred thousand dollars, and the cost thereof is hereby limited to that sum. Sec. 17. The Board of Reclamation shall audit and certify to the State Board of Examiners the several amounts that may become due from time to time for work and labor done, services or material furnished in and about the location and building of canals and other works of reclamation that may be carried on, built and completed under the board, and when approved by the State Board of Examiners, the Controller shall audit the same and draw his warrant upon the State Treasurer for the several amounts of such claims, to be paid out of the Reclamation Fund of the State or district. Sec. 18. The elective members of the board shall be paid their necessary traveling expenses, and they shall receive no other compensation for their personal services. Sec. 19. It shall be unlawful for any State officer, or any member of the Board of Reclamation, to be interested, directly or indirectly, or to take or have any interest or profit, in any manner, in any work of constructing any canal or other improvement for reclamation under this Act, and upon conviction shall be fined in any sum not less than one thousand dollars nor more than ten thousand dollars, or imprisonment in the State Prison not less than one year nor more than five years, or both such fine and imprisonment. Sec. 20. The Annual rent for water within the scope of any canal, ditch or work created and built by the Board of Reclamation shall be one dollar per acre per year. Said rental of water shall be held as a lien against said lands. Sec. 21. The annual rent of water shall be collected in the same manner and by the same officers as taxes are now collected, and paid into the State or District Treasury without fee or abatement, and accounted for as the water rent, and placed to the credit of the Reclamation and Internal Improvement Fund; |
Board empowered to construct.
Not to exceed one hundred thousand dollars. Board to certify to claims.
Travelling expenses to be paid. Unlawful to be interested.
Rent for water.
How collected. |
κ1889 Statutes of Nevada, Page 106 (CHAPTER 112)κ
|
Appropriation.
Bonds to be issued.
Interest, when payable
Annual tax levy.
Permanent fund. |
Fund; and it is hereby enacted that all lands sold by the State, under the provisions of this Act, shall be supplied with the necessary water for reclamation whenever in the judgment of the board it is practicable to do so, and the right of way for the secondary ditches is hereby reserved by the State, and shall be reserved and excepted by the Surveyor-General and State Land Register, from every patent issued by the State, to take up, convey and deliver all waste water over and across any lands sold and conveyed by the State to any person or persons. Sec. 22. One hundred thousand dollars is hereby appropriated for the construction and building of any canal, ditch, dam or other work or works mentioned in this Act, and in no case shall a contract or contracts be entered into that shall in the aggregate exceed the sum of one hundred thousand dollars for the construction and building of said canal or work. Sec. 23. The money herein appropriated shall be taken from the State School Fund and placed to the credit of the Reclamation Fund, herein created, and in its place shall be deposited one hundred bonds of one thousand dollars each, bearing interest at the rate of four per cent. per annum. Said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, and countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes to its School Fund one thousand dollars, the interest on which sum, at four per cent. per annum, it agrees to pay until said bond is redeemed for the benefit of the common schools of the State. Said bonds shall be lithographed, as is usual in such cases, and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually, on the first day of January and July, on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the Reclamation Interest and Sinking Fund herein created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 24. There shall be levied and collected for the fiscal year commencing January first, A. D. eighteen hundred and ninety-one, and annually thereafter, an ad valorem tax of two cents on each one hundred dollars of all the taxable property in the State, and all sums derived from this tax shall go into the Reclamation Interest and Sinking Fund, for the payment of the interest and redemption of bonds herein authorized by this Act. Sec. 25. The Reclamation Fund is hereby made a permanent fund, into which all revenue arising from the last-mentioned section, and from the water rent aforesaid, in section fifteen, and from any other source provided by law, shall be paid and shall be devoted as follows: First, to the payment of interest on bonds; second, to the redemption of the principal sum of the bonds at or before maturity; third, to the reclamation of new districts that may be hereafter created; fourth, to be transferred to the General Fund of the State. |
κ1889 Statutes of Nevada, Page 107 (CHAPTER 112)κ
|
interest on bonds; second, to the redemption of the principal sum of the bonds at or before maturity; third, to the reclamation of new districts that may be hereafter created; fourth, to be transferred to the General Fund of the State. |
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Chap. CXIII.An Act to regulate the use of water for irrigation and for other purposes; for settling the priority of rights thereto, and to punish the unlawful interference with such rights; to provide for the condemnation of land for reservoirs; for recording claims to water rights, and the appointment and duties of Water Commissioners.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the lands now irrigated, or which may hereafter be irrigated in the State of Nevada, are hereby divided into the following Irrigation Districts: District No. 1 shall consist of all the lands irrigated from the Truckee river and its tributaries. District No. 2 shall consist of all the lands irrigated from the Carson river and its tributaries. District No. 4 shall consist of all the lands irrigated from the Humboldt river and its tributaries. District No. 5 shall consist of all the lands irrigated from the Owyhee river and its tributaries. District No. 6 shall consist of all the lands irrigated from the Reese river and its tributaries. District No. 7 shall consist of all the lands irrigated in the county of White Pine. Other Irrigation Districts may be formed from time to time by the Governor, on petition of the parties interested, comprising territory not within any of the above-established Irrigation Districts. Sec. 2. There shall be one Water Commissioner for each of the above-named districts and for each district hereafter formed, who shall be appointed by the Governor whenever his services may be required, to be selected by him from the persons recommended to him by the several Boards of County Commissioners of the counties in which water districts may extend, and the Water Commissioners so appointed shall hold office for the period of two years, or until their successors are appointed and qualified. The Governor, by like selection and appointment, shall fill all vacancies which may be caused by death, resignation or continued absence from the district, removal or otherwise, and the Governor may at any time remove any Water Commissioner for failure to perform his duties or for any other cause. Sec. 3. That within twenty days after his appointment, and before entering upon the duties of his office, such Water Commissioner shall take and subscribe to an oath to faithfully and impartially perform the duties of his office, which oath shall be deposited with the Clerk of the Court having jurisdiction over his district. |
Irrigation Districts, location of.
Governor to appoint Water Commissioners. |
κ1889 Statutes of Nevada, Page 108 (CHAPTER 113)κ
|
To subscribe oath.
Duties of Water Commissioners.
Open or close head-gate, a misdemeanor
Pay of Commissioners.
Proportion of counties. |
missioner shall take and subscribe to an oath to faithfully and impartially perform the duties of his office, which oath shall be deposited with the Clerk of the Court having jurisdiction over his district. Sec. 4. It shall be the duty of said Water Commissioners to divide the water in the natural lakes or streams of their districts among the several ditches taking water from the same according to the prior rights of each respectively, in whole or in part, and to shut and fasten, or cause to be shut and fastened, the head-gates of any ditch or ditches heading in any of the natural streams or lakes of the district, which in time of a scarcity of water makes it necessary by reason of the priority of the rights of others above or below them on the stream. Sec. 5. Every person who shall willfully open, close, change or interfere with any head-gate or water-box, without authority, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail for a term not exceeding six months, or both such fine and imprisonment. The Water Commissioners, or their assistants, within their districts, shall have authority to arrest any person or persons offending, and take them before the nearest Justice of Peace in the county, to be dealt with as in other causes. Sec. 6. The Water Commissioners, herein provided, shall be entitled to pay at the rate of five dollars per day for each day he shall be actually employed in the duties of his office, not to exceed ninety days in any one year, to be paid by the county in which his Irrigation District may lie. Each Water Commissioner shall keep a just and true account of the time spent by him in the duties of his office, and shall present a true copy thereof, verified by oath, to the Board of County Commissioners of the county in which his district may be, and said Board of County Commissioners shall allow and pay the same out of the County Treasury, and where Irrigation Districts shall extend into two or more counties the said Water Commissioner shall be paid for his services as follows: In District No. 2, Douglas county shall pay ______, Ormsby county shall pay ______, Lyon county shall pay ______, Churchill county shall pay ______. In District No. 4, Humboldt county shall pay three-sevenths ______, Lander county shall pay one-quarter ______, Eureka county shall pay one-quarter ______, Elko county shall pay three-sevenths ______. District No. 6, Lander county shall pay ______, Nye county shall pay ______. Said Water Commissioner shall have power, in case of emergency, to employ suitable assistants to aid him in the discharge of his duties; such assistants shall take the same oath as the Water Commissioners and shall obey his instructions, and each shall be entitled to four dollars per day, for every day he is actually employed, not to exceed thirty-five days in any one year, to be paid upon the certificate of the Water Commissioner in the same manner as is provided for payment of Water Commissioners. Sec. 7. Said Water Commissioners shall not begin their work until they shall be called by three or more owners, |
κ1889 Statutes of Nevada, Page 109 (CHAPTER 113)κ
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work until they shall be called by three or more owners, or managers, or persons, controlling ditches in their several districts by application in writing, stating that there is a necessity for their action, and they shall not continue performing services after the necessity therefor shall cease. Sec. 8. For the purpose of hearing, adjudicating and settling all questions concerning the priority of the appropriation of water between ditch companies and other owners of ditches drawing water for beneficial purposes from the same stream, or its tributaries, or lakes, within the same Irrigation District, and all other questions of law, and questions of right growing out of or in any way involved or connected therewith, jurisdiction is hereby vested exclusively in the several District Courts, as follows: For District No. 1, in the District Court of the State of Nevada, Washoe county; for District No. 2, in the District Court of the State of Nevada; for District No. 3, in the District Court of the State of Nevada; for District No. 4, in the District Court of the State of Nevada, either Humboldt or Elko counties; for District No. 5, in the District Court of the State of Nevada; for District No. 6, in the District Court of the State of Nevada, Lander county; for District No. 7, in the District Court of the State of Nevada. All streams, lakes and reservoirs not herein enumerated shall be for all purposes attached to and belong to the Irrigation Districts in which the greater portion of its water is, it being the intent and meaning hereof to add to each Irrigation District all waters not hereinbefore enumerated, the majority of which be within their respective areas, for the purposes of acquiring rights to the appropriation and use thereof and adjudicating the same. Sec. 9. In order that all parties may be protected in their lawful rights to the use of waters for beneficial purposes, every person, association or corporation, owning or claiming any interest in any ditch, canal or reservoir within any water district, shall, on or before the first day of September, eighteen hundred and eighty-nine, file with the County Recorder of the county a statement of their claim under oath, entitled of the proper county, which statement shall contain the name or names, together with the postoffice address of the claimant or claimants claiming ownership as aforesaid of any such ditch, canal or reservoir, the name thereof (if any), and if without a name, the owner or owners shall choose and adopt a name, to be therein stated, by which such ditch, canal or reservoir shall thereafter be known; the description of such ditch, canal or reservoir as to location of head-gate, general course of ditch, the name of the natural stream or lake from which such ditch, canal or reservoir draws its supply of water; the length, width, depth and grade thereof as near as may be; the time, fixing a day, month and year as the date of appropriation of water by original construction, also by any enlargement or extension, if any such thereof have been made, and the amount of water claimed by or under such construction, enlargement or extension, and the present capacity of the ditch, canal or feeder of reservoir, and also the number of acres of land lying under and being, or proposed to be, irrigated by water from such ditch, |
When Commissioners shall begin work.
Jurisdiction vested in District Court.
Owners to file statement of claim with County Recorder. |
κ1889 Statutes of Nevada, Page 110 (CHAPTER 113)κ
|
Duties of Recorder.
Fees of Recorder.
Enlarging ditch or canal.
Declared to be public property. |
irrigated by water from such ditch, canal or reservoir; or if such waters have been appropriated for other beneficial purposes than irrigation, a statement of such purposes; said statement shall be signed by the proper party or parties, and filed with the Recorder of the county wherein the right claimed is situated, which shall be recorded by him in a book kept for that purpose. Sec. 10. Upon the filing of such statement, the Recorder shall indorse upon the back thereof the date of filing, and shall prepare an index of the same in a book to be provided for that purpose by the County Commissioners, which said index shall contain the date of filing, the name of the party, association or corporation, the name of the ditch, the stream from which the water is taken by such ditch, canal or reservoir, the location of the head-gate, the date of the appropriation of the water, by construction, enlargement or extension; said index shall be prepared alphabetically by reference to the name of the ditch, canal or reservoir. Sec. 11. For filing and indexing such statement the Recorder shall receive the same fees as for recording deeds, to be paid by the party or parties filing the same. Sec. 12. That hereafter every person, company or corporation constructing, enlarging or extending any ditch, canal or reservoir for beneficial purposes, and intending to use or appropriate any water from any natural stream or lake within any water district for such beneficial purposes, shall file with the County Recorder of the proper county, before the commencement of the construction, enlargement or extension of such ditch, canal or reservoir, a statement showing the stream or streams from which the water is to be taken; the point or place on said stream at or near which the water is to be taken out; the line or course of said ditch or ditches as near as may be; the use or uses to which said water is to be applied; the dimensions of said ditch or ditches, and each thereof, giving width on bottom and top, slope of banks and grade of ditch, and likewise of any and all enlargements thereof, which statement shall be filed and indexed as is provided in section ten of this Act, and from the time of filing any such statement, water sufficient to fill such ditch or ditches, and to subserve the use or uses aforesaid, if a lawful and just use, shall be deemed and adjudged appropriated; provided, that nothing herein contained shall be permitted to interfere with a prior right to said water, or to any thereof; and provided further, that such person or persons or corporation, shall within sixty days next ensuing the filing of such statement, begin the actual construction of said ditch or ditches, and shall prosecute the work of the construction thereof diligently and continuously to its completion; and provided further, that the beginning of all necessary survey of such ditch or ditches shall be construed as the beginning of said work of construction. Sec. 13. The water of every natural stream not heretofore appropriated within this State, is hereby declared to be the property of the public, and the same is dedicated to the use of the people, subject to appropriation as herein provided. |
κ1889 Statutes of Nevada, Page 111 (CHAPTER 113)κ
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the people, subject to appropriation as herein provided. The provisions of this Act shall apply to all cases where the water of natural streams or lakes is appropriated for beneficial purposes, whether the water be conducted through ditches, canals, flumes or tunnels, and shall apply also to cases where for irrigation purposes the water is stored in reservoirs, and the owner or owners of any ditch, canal, flume or tunnel through which the water is conducted for irrigation purposes, and also the owners of reservoirs, may conduct the water therefrom into and along any of the natural streams of the State, but not so as to raise the waters thereof above high water mark, and may take the same out again at any point desired; but due allowance shall be made for evaporation and seepage, the amount to be determined by the Water Commissioner of the proper district, subject to review and determination by the court having jurisdiction over priorities in such district. Sec. 14. Whenever any person or persons, association or corporation, interested as owners of any ditch, canal or reservoir in any district, shall desire a determination of the priorities of rights to the use of water from any stream or streams, dam or dams, from which they draw the water for their ditch or ditches, canals or reservoirs, they shall present to the District Court having jurisdiction over the right in such water district, or to the judge thereof, a petition or application in writing, moving or praying said court to proceed to an adjudication of the priorities of rights to the use of water for irrigation, between the several ditches, canals or reservoirs in such district, on the stream or streams, dam or dams, named in such motion, petition or application. The said motion, petition or application shall state the names of the ditches, canals or reservoirs, claiming water from said stream or streams, dam or dams, as appears from the final statements in the Recorders office, together with the names of the persons, associations or corporations interested therein, taken from said statements, and shall set forth the nature of the claim or claims of the applicant or applicants, and such motion, petition or application shall be entitled In the matter of an application for an adjudication of the priorities of rights to use water for beneficial purposes in water districts. District No. _, on (stating the stream or streams.) Upon the filing and docketing of such application, the court or Judge thereof shall, without unnecessary delay, by an order to be entered of record upon such petition or application, appoint a day for commencing to hear and take evidence in such adjudication, at which time it shall be the duty of the court or Judge thereof to proceed and hear all evidence that may be offered by or in behalf of any person, association or corporation interested in such stream or streams, dam or dams, in such district, in any ditch, canal or reservoir, either as owner or consumer of water therefrom, in support of or against any claims of priority of appropriation of water made by means of any ditch, canal or reservoir, or by any enlargement or extension thereof in such district, or on such stream or streams, dam or dams, and consider all such evidence, also the arguments of the parties or their counsel, |
To determine priority of rights.
Shall state names of ditches, etc.
Title of petition. |
κ1889 Statutes of Nevada, Page 112 (CHAPTER 113)κ
|
Compliance with law in acquiring priority of rights.
Decree of court.
Proviso. |
also the arguments of the parties or their counsel, and shall ascertain and find from such evidence, as near as may be, the date of the commencement of such ditch, canal or reservoir, together with the original size and carrying capacity thereof as originally constructed; the time of the commencement of each enlargement or extension thereof, if any, with the increased capacity thereby occasioned; the time spent severally in such construction, enlargement or extension and re-enlargement, if any; the diligence with which the work was in each case prosecuted; the nature of the work as to the difficulty of construction, and all such other facts as may tend to show the compliance with the law in acquiring the priority of right claimed for each such ditch, canal or reservoir, and determine the matters put in evidence, and make and cause to be entered a decree determining and establishing the several priorities of right, by appropriation of water of the several ditches, canals and reservoirs in such water district in such stream or streams, dam or dams, concerning which testimony shall have been offered, each according to the time of its said construction and enlargement or enlargements and extensions, with the amount of water which shall be held to have been appropriated by such construction and enlargement or extensions, describing such amount by cubic feet per second of time (which shall also be the method of measurement for the sale of water), if the evidence shall show sufficient data to ascertain such cubic feet, and, if not, by width, depth and grade, and such other description as will most certainly and conveniently show the amount of water intended, as the capacity of such ditch, canal or reservoir. In such decree such court or Judge thereof shall further order that each and every person interested or claiming any such ditch, canal or reservoir, shall receive from the Clerk, on payment therefor, a certificate, under seal of the court, showing date or dates and amount or amounts of appropriations adjudged in favor of such ditch, canal or reservoir, under and by virtue of the construction, extension and enlargement thereof severally, also specifying the number of said ditch, as determined by said court, with reference to priority and of each priority to which the same may be entitled by reason of said construction, extension and enlargement; provided, that any party or parties claiming any right to the use of water for beneficial purposes in such district and on such stream or streams, by reason of being owner of or interested in any ditch, canal or reservoir, who is not mentioned in the petition or application filed and presented to the court, shall be notified by the Clerk of such application, and shall become parties to such proceedings and shall have their rights adjudicated therein. The court, or Judge thereof, may, instead of taking the testimony orally or in open court, refer the matter to a referee, with such powers as in other cases. The testimony may be taken at any place ordered by the court, or Judge thereof, or the referee. Sec. 15. The holder of the certificate provided for in section fourteen shall exhibit the same to the Water Commissioner of the district where he commences the exercises of his duties, and such Water Commissioner shall keep a book in which he shall enter a brief statement of the contents of such certificate and which shall be delivered to his successor, |
κ1889 Statutes of Nevada, Page 113 (CHAPTER 113)κ
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such Water Commissioner shall keep a book in which he shall enter a brief statement of the contents of such certificate and which shall be delivered to his successor, and said certificate, or statement thereof in his book, shall be the warrant of authority to the said Commissioner for regulating the flow of water in relation to such canal, ditch or reservoir; said certificate shall be recorded at the same rates of charges as in cases of deeds of conveyance in the records of each county into which the ditch, canal or reservoir, to which such certificate relates, shall extend; and said certificate on said record thereof, or a duly certified copy of such record, shall be prima facie evidence of so much of the decree as shall be recited therein in any suit or proceeding in which the same may be relevant. Sec. 16. Upon the order of the Court fixing the time of such hearing being made, the Clerk shall make a certified copy of such order, which order shall contain the names of all parties alleged in the application to be interested in the matter, which shall be thereupon served upon each of the parties therein named, in the same manner as summons. It shall be the duty of the Clerk also to give public notice of such application in a newspaper, if any, printed and in circulation, in each county wherein such water district is situated, which shall be published at least twenty days, and which said notice shall contain the date of the filing of said petition or application, the name or names of the parties filing the same, a copy of the order made by the Court for hearing, and shall notify all parties interested as owners in any ditch, canal or reservoir, on such stream or streams, in such water district, as well as the persons named in the petition or application, to appear at said court, or before the Judge thereof, at the time appointed and stated in the order; and all persons interested as owners or consumers may then and there present his or her or their proofs for or against any priority of right of water, by appropriation, sought to be shown by any party, by or through any ditch, canal or reservoir (either as owner or consumer of water therefrom), and in case any party mentioned in the petition or application cannot be personally served in any county embraced in such water district, the published notice above provided shall be deemed sufficient service of notice; provided further, that in addition to such publication the Clerk shall mail such published notice to each party named in the petition or application, directing the same to the address of the parties, as stated in the sworn statement on file. Proof of the proper publication shall consist in the sworn certificate of the publisher of the paper in which notice is published, to which shall be attached a printed copy taken from such paper. Sec. 17. Any person or persons who shall willfully cut, dig or break down, or open any gate, bank or embankment or side of any ditch, canal or reservoir, flume, pipe, tunnel or feeder in which such person or persons may be joint owners, or which is the property of another, or in the lawful possession of another or others, and used for the purpose of irrigation, milling, manufacturing, |
Holder of certificate to exhibit same to Water Commissioner.
Order of court, to be served same manner as summons.
Proviso.
Misdemeanor punishment. |
κ1889 Statutes of Nevada, Page 114 (CHAPTER 113)κ
|
May appeal to Supreme Court.
Proviso.
To be entered of record.
Shall file transcript. |
ufacturing, mining or domestic purposes, with intent maliciously to injure any person, corporation or association, or for his or her own gain, or with the intention of stealing, taking or causing to run or pour out of such canal, reservoir, feeder, flume or pipe, any water for his or her own profit, benefit or advantage, or to the injury of any other person, persons, association or corporation lawfully in the use of such water, or of such ditch, canal, tunnel, feeder, pipe or flume, he, she, it or they, so offending, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars, and may be imprisoned in the county jail not exceeding six months, or both, at the discretion of the Court. Sec. 18. Any party or parties representing any ditch, canal or reservoir, or any number of parties representing two or more ditches, canals or reservoirs which are affected, in common with each other, by any portion of the decree rendered by the District Court, by which he, she, it or they may feel aggrieved, may have an appeal from said District Court to the Supreme Court, and in such case the party, or parties joining, desiring an appeal shall be the appellants, and the parties representing any one or more ditches, canals or reservoirs, affected in common, adversely to the interests of appellants, shall be appellees. The party or parties in such appeal shall, within sixty days after the date of the decree is entered under this Act, file a notice of appeal in writing stating that such party or parties appeals to the Supreme Court of the State from the decree rendered in the case or any part thereof. When only part of the decree is appealed from, the notice of the appeal shall so state and shall also in that case specify the portion or part of the decree appealed from. Upon filing of such notice of appeal the case shall be deemed to be appealed to the Supreme Court of the State; provided, however, that the party or parties, appealing as aforesaid, shall within sixty days as aforesaid, enter into an undertaking to be approved by the District Court, or Judge thereof, and to be given to all parties in said suit or proceeding other than the parties appealing, and to be in such an amount as the Court or said Judge shall order, conditioned that the parties giving their said undertaking shall prosecute their appeal to effect and without unnecessary delay, and will pay all costs and damages which the parties to whom the undertaking is given, or either or any of them, may sustain in consequence of such appeal. Sec. 19. The notice last aforesaid shall be entered on record, and the appellant or appellants shall cause a certified copy thereof to be served on each of the parties or their attorneys, if they have one, as in other cases. Sec. 20. The appellant or appellants shall, within six months after the appeal be allowed as aforesaid, file in the office of the Clerk of the Supreme Court of the State, a certified transcript of the proceedings had in the case in the District Court, containing the pleadings and the statements of the parties filed therein, and all evidence of record offered on the hearing of the cause, |
κ1889 Statutes of Nevada, Page 115 (CHAPTER 113)κ
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of the cause, or so much thereof as shall affect the appropriation of water claimed by the means of construction, enlargement or re-enlargement of the several ditches, canals and reservoirs mentioned in the order allowing the appeal; such statement to be served, filed and settled in the same manner as statements on motions for new trials. Sec. 21. The Supreme Court in all cases heard before it under this Act shall, when it can properly be done, render such decree as the Court or the Judge below should have rendered. It may either reverse or modify the decree of the Court or Judge below, and in cases where the decree of the Court below is reversed, in whole or in part, it may direct the Court below as to its further proceedings therein. Sec. 22. No claim of priority of any person, association or corporation, on account of any ditch, canal or reservoir, as to which he, she, it or they have failed or refuse to offer evidence under any adjudication herein provided for, shall be regarded by any Water Commissioner in distributing water in times of scarcity thereof, until such time as such party shall have, by application to the court having jurisdiction, obtained leave therefor and made proof of the priority of right to which such ditch, canal or reservoir shall be justly entitled, which shall only be granted upon terms as to notice to other parties interested, and upon payment of all costs and upon affidavit or petition, sworn to, showing the rights claimed, and the ditches, canals and reservoirs, with the names of the owners thereof against which such priority is claimed, nor until a decree adjudging such priority to such ditch, canal or reservoir has been entered, and certificates, such as mentioned in section sixteen hereof, shall have been issued to claimant and presented to the Water Commissioner. Sec. 23. No person, association or corporation representing any ditch, canal or reservoir, shall be permitted to give or offer any evidence before said court until he, she, it or they shall have filed a statement of claim, in substance the same in all respects as is required to be filed under the provisions hereof. Sec. 24. The District Court or Judge thereof shall have power to order, for good cause shown, upon terms just to all parties, and in such manner as may seem meet, a re-argument or review, with or without additional evidence, of any decree made under the provisions of this Act, whenever said court or Judge shall find from the cause shown for that purpose by any party or parties, feeling aggrieved, that the ends of justice will thereby be promoted, but no such review or re-argument shall be ordered unless applied for by petition or otherwise within one year of the time of entering the decree complained of. Sec. 25. Persons desiring to construct and maintain reservoirs for the purpose of storing water, shall have the right to take from any of the natural streams of the State and store away any unappropriated water not needed for immediate use, for domestic, irrigation or other beneficial purposes; to construct and maintain ditches, canals, flumes and tunnels in the same manner provided by law for the condemnation of lands for right of way for ditches. |
May reverse or modify.
Claim or priority, when regarded by Water Commissioner.
Shall file statement of claim.
Powers of District Court.
Reservoirs for storage of water. |
κ1889 Statutes of Nevada, Page 116 (CHAPTER 113)κ
|
Liable for damages.
Fees of witnesses.
Division of water.
To prevent waste of water.
Shall be received in evidence.
Act construed.
Repeal. Take effect. |
Sec. 26. The owners of reservoirs shall be liable for all damages arising from leakage or overflow of the waters therefrom, or by floods caused by breaking of the embankments of such reservoirs. Sec. 27. Every witness who shall attend before the court, or Judge thereof, or before the person appointed to take testimony in the causes provided for in this Act, under subpoena, by request of any party, shall be entitled to the same fees and mileage as witnesses in civil cases in the District Court, and shall be paid by the party requiring his testimony. All other costs of the proceeding shall be paid by the parties claiming water as may be adjudged by the court or Judge. Sec. 28. Whenever, in actions or proceedings for the determination of water rights it may become necessary to divide the water of any stream or ditch between the different claimants, it shall be divided as far as possible by periods of time, instead of fractional parts of the water. Sec. 29. Said Water Commissioners shall so divide, regulate and control the use of the water of all streams, within their respective districts, in such manner as near as may be, as will prevent unnecessary waste of water; and to that end such Commissioner shall so shut and fasten the head-gate or gates of all ditches so that no more water will flow into said ditch than is actually required and will be used for the purpose or purposes for which such water was appropriated; and any person who may be injured by the action of any Water Commissioner, or by his failure to act pursuant to this Act, may resort to any court of competent jurisdiction for such relief as he may be entitled to. Sec. 30. Whenever testimony shall or may be taken in any district created by this Act for the purpose of procuring decree as to appropriation of water and priorities thereof, any testimony theretofore taken upon the hearing of any former application or petition under this Act may be introduced and shall be received as evidence. Sec. 31. This Act shall in no wise be construed as impairing or abridging any rights already vested in any person or persons, company or corporation, by virtue of the law heretofore in force. Sec. 32. All Acts and parts of Act inconsistent with this Act are hereby repealed. Sec. 33. This Act shall take effect and be in force from and after its passage. |
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κ1889 Statutes of Nevada, Page 117κ
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Chap. CXIV.An Act to amend an Act entitled an Act to amend an Act entitled An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865; approved February 28, 1879.
[Approved March 9, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of said Act approved March twenty-second, eighteen hundred and sixty-five, as amended February twenty-eighth, eighteen hundred and seventy-nine, is hereby amended so as to read as follows: Section forty-four. Every railroad company operating its line or lines of railroad wholly, or in part, within this State shall make an annual report to the Secretary of the State of Nevada of the operations of such railroad company during the year ending on the thirtieth day of June, in each last preceding year, which report shall be verified by the oaths of the President or Acting Superintendent of the operations and business of such company, and also by the oaths of the Secretary and Treasurer of such company; and shall file such report in the office of the Secretary of State, aforesaid, on or before the first day of September in each year, and shall state in such report: First-The capital stock of such company, and the actual cash capital paid in on such stock by the members of such company. Second-The amount of cash expended for the purchase of lands for the construction of the road of such company, the cost of the construction of such road, and the cost of buildings, engines and cars, respectively, used by such company in this State. Third-The amount and the nature of the indebtedness of such company, and the amount due to such company. Fourth-The amount received by such company for the transportation of all passengers, and all freight, property, mails and express matter over the road or roads of such company, together with all amounts received by such company from all other sources in connection with such road. Fifth-The amount of freight of all kinds transported over the road or roads of such company, specifying the quantity of such freight in tons. Sixth-The amount paid by such company for the repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road. Seventh-The number and amount of dividends declared by such company, and when such dividends were paid. Eighth-The number of engine-houses and shops, together with the number of engines and cars, and the character of the same. |
Annual report to Secretary of State. What shall include. |
κ1889 Statutes of Nevada, Page 118 (CHAPTER 114)κ
|
Same. |
Ninth-The net profits of such company during such year. And if either of the officers above named shall fail to make and file such report as above provided, or if either of such officers shall fail to make any and every statement required by this section of this Act to be made on or before the first day of September in each year, such company so neglecting by its said officers to comply with any of the requirements of this section of this Act shall each day thereafter forfeit and be liable to pay as a penalty to the State of Nevada for such neglect the sum of five hundred dollars daily for each and every day, from and after the first day of September of each year, until such report containing such statement as above provided shall be filed, as in this section provided; and the Attorney-General of the State shall commence an action in the name of the State of Nevada for the recovery of the sum of such penalties monthly, on the first Monday of each and every month thereafter, and the court shall render judgment therefor against such company until such report containing such statement shall be filed with the Secretary of State; and such action or actions shall not be dismissed or compromised, except upon the full payment of the sum of such penalties, together with all costs of such actions, and executions shall issue against the property of such company until such judgments shall be full satisfied. |
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Fees and salaries. |
Chap. CXV.An Act to amend section one of an Act entitled An Act to authorize fees and salaries of officers and compensation of other persons to be taken in attachment and execution, and to prohibit assignments to defraud creditors, approved February 1, 1883.
[Approved March 11, 1889.]
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 fees and salaries of all persons holding office or positions of profit under the government of the State of Nevada, or under any county, township, city, town or school district within the State shall be subject to attachment and execution for all debts and liabilities created or incurred by such officials or other persons, and all assignments, sales or transfers of such fees and salaries, previous to becoming due, unless made in good faith and not to defraud creditors, shall be null and void as against all such debts and liabilities. |
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κ1889 Statutes of Nevada, Page 119κ
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Chap. CXVI.An Act providing for the repayment of moneys illegally or erroneously collected by the State of Nevada.
[Approved March 11, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any tax, license, fee, percentum or costs, erroneously or illegally collected by the State of Nevada, or paid under duress, coercion or mistake, may be refunded to the persons or firm paying the same in the manner provided in this Act. Sec. 2. The sum of five thousand eight hundred and thirty-three dollars and eighty-two cents is hereby appropriated out of the General Fund, from any funds therein not otherwise appropriated, for carrying out the provisions of this Act. Sec. 3. Each and every person, firm, company, corporation or association having any claim against the State of Nevada, under the provisions of section one of this Act, shall present the same to the Board of Examiners within ninety days after the approval of this Act, and any such claim shall, after the approval of this Act, be presented to said Board of Examiners within ninety days after payment of said illegal or erroneous tax, license, fee, percentage or costs, in the manner as is now provided by law for the presentation of claims against the State; provided, that claims so allowed shall not exceed the amount hereby appropriated. Sec. 4. The State Controller is hereby directed to draw his warrant for any and all amounts allowed by the Board of Examiners under the provisions of this Act, not exceeding the sum herein appropriated, during the years eighteen hundred and eighty-nine and eighteen hundred and ninety, and the State Treasurer is hereby directed to pay the same out of the fund herein created. Sec. 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
To be refunded.
Appropriation.
To present claim.
Controller to draw warrant |
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κ1889 Statutes of Nevada, Page 120κ
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Preferred right.
Duty of State Land Register
Duty of State Printer. |
Chap. CXVII.An Act to amend section thirteen of 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 12, 1885; as amended March 5, 1887.
[Approved March 11, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said above-entitled Act, as amended, is hereby further amended so as to read as follows: Section thirteen. An occupant or party in possession shall have a preferred right to purchase all the lands he or she may be entitled to purchase, under the provisions of this Act, for the period of six months after the date of filing in the State Land Office of the official plat or plats covering the survey, by the United States Government, of the lands occupied or possessed by him or her; provided, that said limitations shall not apply to any lands which are now approved to the State, nor to any lands which are already surveyed, and of which official plats are now on file in the State Land Office; which last mentioned and defined lands shall be held subject to claims or preferred right during the period of nine months from and after the approval of this Act. It shall be the duty of the State Land Register, within ninety days after the approval of this Act, to transmit to the Assessor of each county of this State at least fifty copies of this section, the same to be supplemented by a like number of copies of a duly certified list describing, by township and range, the several townships within each of said counties, the plats of which were on file in the State Land Office at the date of approval of this Act. Immediately upon receipt thereof each Assessor shall file in his office said certified list, and cause to be conspicuously posted in each precinct within his county at least five of said copies. The State Printer shall print such a number of said circulars as the State Land Register may order, and the State Land Register is hereby authorized to attend to a general distribution thereof, through the mails or otherwise. After the filing in the State Land Office of a formal application for lands not previously approved to the State, should one or more persons, each claiming a preferred right by reason of occupancy or possession, severally apply to purchase the same lands, the Register shall require each of such claimants to make and deposit, with his or her application, an affidavit affirming occupancy or possession thereof dating prior to the filing of the first existing application for the lands so claimed. An occupant or party in possession, as named in this Act and section, shall be deemed and considered to include any person, as defined in section five of this Act, who, after the approval of this Act, shall commence and prosecute with due diligence the sinking of an artesian well upon any unoccupied public lands, |
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shall commence and prosecute with due diligence the sinking of an artesian well upon any unoccupied public lands, subject to selection by the State of Nevada, according to the requirements of an Act to encourage the sinking of artesian wells, approved March 5, 1887, and the Acts amendatory thereof and supplemental thereto, and every such person shall be entitled to all the rights and privileges of an occupant or party in possession as to a preferred right to purchase when he or she shall have complied with the provisions of said Act concerning said well, and the requirements herein written, as to diligence in the prosecution of said work, and upon the proof being made, before the proper Court, as hereinafter provided, that said person has complied therewith, his or her preferred right shall date from the commencement of the sinking of said well. When two or more persons severally apply to purchase the same lands, the first applicant, although not claiming a preferred right to purchase, shall be entitled to appear and contest the right of an applicant to purchase under the claim of a preferred right. When two or more persons severally apply to purchase the same lands, neither claiming a preferred right, the first applicant shall be allowed to purchase. It shall be the duty of the State Land Register to notify the first existing applicant, or his or her attorney or other legal representative, immediately upon the filing of a subsequent application for any portion of the lands embraced in his or her application. Such notice shall be given by registered letter through the United States mails. All cases of contest arising under the provisions of this section, from simultaneous applications, or from any other cause, shall be certified, together with all the facts in his possession relating thereto, by the Land Register to the District Court in and for the county in which the lands in dispute are situated. The Judge or Court shall provide to hear and determine the rights of the contestants in the same manner that ordinary actions in said Court are heard, tried and determined, and when fully determined, the judgment of the Court shall be certified by the Clerk thereof to the State Land Register. All costs in contested cases shall be paid by the parties litigant as the Court or Judge may determine. Upon receiving the certificate of the Court, as herein provided, the State Land Register shall proceed with the successful applicant in the same manner as if he or she alone had applied, and immediately cancel all other applications for the lands in question. It shall be the duty of the State Land Register to notify each unsuccessful applicant that his or her application has been canceled, and that the amount deposited thereon may be withdrawn from the State Treasury, as provided in section five of this Act. |
Artesian wells.
Cases of contest. |
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Number of District Judges.
Salaries of District Judges. |
Chap. CXVIII.An Act supplemental to and amendatory of an Act entitled 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.
[Approved March 12, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The number of District Judges in the judicial district of the State of Nevada shall, from and after the passage of this Act, be four; and the Governor of said State shall, immediately upon the passage of this Act, appoint a District Judge from said judicial district to hold such office under such appointment until the next general election, when four District Judges from said judicial district shall be elected. Sec. 2. Section six of said Act is hereby amended so as to read as follows: Section six. The District Judges shall each receive a salary of six thousand dollars a year, payable out of the treasury of the several counties, as follows: The county of Churchill shall pay four hundred and two and one-half dollars; the county of Douglas shall pay seven hundred and fifteen dollars; the county of Elko shall pay thirty-three hundred and fifty-two and one-half dollars; the county of Esmeralda shall pay twelve hundred and twelve and one-half dollars; the county of Eureka shall pay twenty hundred and thirty-seven and one-half dollars; the county of Humboldt shall pay twenty-three hundred and thirty-seven and one-half dollars; the county of Lander shall pay thirteen hundred and seventy-five dollars; the county of Lincoln shall pay four hundred and seventy-five dollars; the county of Lyon shall pay thirteen hundred and forty-five dollars; the county of Nye shall pay five hundred and seventy-seven and one-half dollars; the county of Ormsby shall pay sixteen hundred and fifty-five dollars; the county of Storey shall pay forty-one hundred and sixty-five dollars; the county of Washoe shall pay thirty-four hundred and twenty-seven and one-half dollars; the county of White Pine shall pay nine hundred and twenty-two and one-half dollars. The County Treasurer of the several counties shall pay into the State Treasury, on the first monday of January in each year, 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; provided, that upon the appointment of a District Judge by the Governor, as provided in the first section of this supplemental and amendatory Act, the said payments and apportionments of salaries shall commence at the end of the three months as specified herein, in which such appointment is made. |
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and amendatory Act, the said payments and apportionments of salaries shall commence at the end of the three months as specified herein, in which such appointment is made. Sec. 3. Section eight of said Act is hereby amended so as to read as follows: Section eight. 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 Winnemucca, Humboldt county, or at Elko, Elko county; and one at Carson City, Ormsby county, or at Virginia City, Storey county, and one at Pioche, Lincoln county, or at Ely, White Pine county, or Belmont, Nye county. Unless the Judges can otherwise agree it shall be annually determined which of them shall reside at the places designated in this Act. Sec. 4. This Act shall take effect and be in force from and after its passage. |
Residence of District Judges. |
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Chap. CXIX.An Act to amend sections two, three, four, five, six, seven, eight, ten, twelve, fourteen, fifteen, sixteen, eighteen, and twenty-one of 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 12, 1885; as amended March 5, 1887.
[Approved March 11, 1889.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said above-entitled Act, as amended, is hereby further amended so as to read as follows: Section two. 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 said copies be made upon material of such a quality as the State Land Register may prescribe, the cost of the same not to exceed six dollars each. He shall keep a record of all applications and contracts and of 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 plats, papers and documents relating to the business of his office, shall be open to public inspection during office hours without fee therefor; and he shall also furnish on or before the first day of July, eighteen hundred and eighty-seven, or as soon thereafter as practicable, a copy of the plat of each township within any county to the County Assessor of such county, to be used by him in performing the duties of his office; |
Register to procure township plats. |
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Price of lands
Applications to be made in writing.
Affidavit of non-mineral lands. |
ing the duties of his office; and all lands applied for in the State Land Office thereafter shall be reported by the Register to the County Assessor of the county in which such lands are situated, on or before the first day of May of each year thereafter, and the said Assessor shall immediately mark the same upon the township plats in his office, and shall keep such plats subject to the inspection of all persons interested in examining the same. Sec. 2. Section three of said above-entitled Act, as amended, is hereby further amended so as to read as follows: Section three. The price of all 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 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. Sec. 3. Section four of said above-entitled Act, as amended, is hereby further amended so as to read as follows: Section four. All applications to purchase lands shall be made in writing to the Land Register, and shall be signed by the applicant or his or her agent, and shall designate in conformity with the United States survey, the tracts of land applied for to purchase, the number of acres, 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, and it shall be the duty of the State Land Register to furnish each of the several County Assessors with a statement showing all the lands that have been applied for in their respective counties, and which have not heretofore been shown by such statement, together with the name and address of the applicant or assignee, so far as the same may be known, and on or before the first day of May of each year thereafter, to furnish such Assessor with a statement showing all additional applications and forfeitures since last annual statement. Sec. 4. Section five of said above-entitled Act is hereby amended so as to read as follows: Section five. Upon the application of any citizen of the United States, or any person who has legally declared his intention to become such, to purchase lands not previously selected by the State, such applicant shall deposit with the State Land Register an affidavit, in due form, by the applicant or some other competent person, made before an officer having an official seal and legally authorized to administer oaths, that the lands described in the application are non-mineral in character, and such affidavit shall not refer to any lands not included in such application. |
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application. The Land Register shall indorse upon each application the exact time of its receipt in his office, and shall certify to the State Controller that such person is entitled to apply for the lands, describing the same as in the application, which shall accompany the certificate, and said certificate shall state the amount necessary to purchase such lands. The Controller shall thereupon issue his order, directing the State Treasurer to receive from such applicant said amount, placing the same in the proper fund, and upon such payment being made the Treasurer shall issue his receipts in duplicate, describing the lands applied for, and he shall at the same time enter in his abstract of applications the name of the person so 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, and take prompt measures, at the United States Land Office of the district in which such lands are situated, to select for the State the lands described in such application. As soon as he shall have received official notice that any lands so applied for have been selected by the State, according to a list certified to by the Register and Receiver of the proper United States District Land Office, he shall give notice of such fact to each applicant, by registered letter through the United States mail, which shall perfect such application. If, during a period of ninety days after the receipt of any application, the State Land Register shall remain unable so to select any of the lands therein described, on account of conflicting entries or reservations in the United States Land Office, he shall cancel such application so far as it concerns the unselectable lands therein described, and at once certify to the Controller and Treasurer each, that such applicant is entitled to the amount paid by him or her on said unselectable lands, and the Controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the Treasurer. The State Land Register shall, at the same time, notify the applicant of such cancellation, and that the amount deposited thereon is subject to withdrawal as provided by law. Whenever purchase can be completed in whole or in part upon lands thus applied for, the Land Register shall certify the same to the Controller and Treasurer each, and shall at once proceed to complete 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, by reason of the non-approval of the land to the State, or other cause, the contemplated sale cannot be completed in whole or in part, then, upon the demand of the applicant or his or her legal agent or assignee, the Land Register shall certify to the Controller and Treasurer each, that such applicant is entitled to the amount paid by him or her, and the Controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the Treasurer. The term citizen, as used in this Act, is held to mean and include females of lawful age. |
Duties of Land Register |
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To certify to Controller.
Shall deposit fees.
Agricultural or grazing lands, disposal of. |
Sec. 5. Section six of said above-entitled Act is hereby amended so as to read as follows: Section six. Upon the application of any person as defined in section five of this Act, for the purchase of land after the State has obtained title thereto, should such person 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 receipts in duplicate 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 complete such sale. Sec. 6. Section seven of said above-entitled Act is hereby amended so as to read as follows: Section seven. All applicants for the purchase of lands not approved to the State at the time of making application, shall deposit with the State Land Register the amount of fees required for selecting the same in the United States Local Land Office, and shall also bear the expense of making the requisite non-mineral affidavits. Sec. 7. Section eight of said above-entitled Act is hereby amended so as to read as follows: Section eight. 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 person as defined 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 upon the receipt of the list certifying the 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 upon application, the remainder of the purchase price to be paid in twenty-five years from the date of contract, with interest at the rate of six per cent. per annum, interest payable annually; provided, the applicant, or 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 person 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 Treasurer. The Register shall certify to the Controller each payment, and the Controller, upon the receipt of each of such certificates, |
κ1889 Statutes of Nevada, Page 127 (CHAPTER 119)κ
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upon the receipt of each of such certificates, shall issue his order to the Treasurer, apportioning the interest to the 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, patent 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. 8. Section ten of said above-entitled Act is hereby amended so as to read as follows: Section ten. The State Land Register shall, with reasonable dispatch, cause proper notices to be prepared, requiring the applicant, or his or her agent or attorney, to make full payment, or enter into contract, in the applicants name, with the State Land Register, as provided in Section 8 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, or 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 of such notices and contracts in duplicate, the 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, including the person so forfeiting such land on previous application. Any and all sums of money deposited as partial payments on lands so forfeited shall immediately and unconditionally become the property of the State. Sec. 9. Section twelve of said above-entitled Act is hereby amended so as to read as follows: Section twelve. All moneys hereafter paid into the Treasury on lands 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, on amounts to be refunded, upon special deposit receipts issued by E. Rhoades, 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 State Land Register shall complete such sale, surrendering to the Controller the Treasurers receipts issued by E. Rhoades, 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. Whenever, by reason of non-approval of lands to the State, or other cause, the contemplated sale cannot be completed, the Land Register shall certify to the Controller that such 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. |
Register to cause notices to be prepared.
Moneys paid on order from Controller. |
κ1889 Statutes of Nevada, Page 128 (CHAPTER 119)κ
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Two-million acre grant.
Register to select.
Title of the State.
Selections erroneously made. |
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 in like manner to the Treasurer. Sec. 10. Section fourteen of said above-entitled Act is hereby amended so as to read as follows: Section fourteen. All lands which have been or shall be selected under the two-million-acre grant of June sixteenth, eighteen hundred and eighty, may be sold in tracts equal to six hundred and forty acres 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. 11. Section fifteen of said above-entitled Act is hereby amended so as to read as follows: Section fifteen. It is hereby made the duty of the State 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. Sec. 12. Section sixteen of said above-entitled Act is hereby amended so as to read as follows: Section sixteen. The title of the State to any lands sold under the provisions of this Act shall be conveyed by patent, free of charge, to the applicant, and none other, except as may be otherwise ordered by a competent court having jurisdiction. All patents shall be in such form as the Attorney-General and Land Register shall jointly prescribe, to be prepared by the Land 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. The Secretary of State and State Land Register shall each keep a record of patents issued. Sec. 13. Section eighteen of said above-entitled Act, as amended, is hereby amended so as to read as follows: Section eighteen. The State Land Register is hereby authorized to withdraw from the Local and General Land Offices of the United States all selections of lands that have been or may be erroneously made, at any time before such lands have been listed and approved to the State by the Department of the Interior. And the Governor is hereby authorized to reconvey, by deeds of relinquishment, all lands that have been or may hereafter be erroneously listed as approved to the State, in such form as the Secretary of the Interior may prescribe. Such deeds of relinquishment shall be duly attested by the Secretary of State, under the seal of his office, and be countersigned by the Register of the State Land Office; provided, that in no case shall any selections of lands be withdrawn, or deed of relinquishment executed, so long as there shall be any existing contract or patent for the same, or any pending litigation respecting the right of title of the State to such lands. Nor in any case shall such lands be conveyed or relinquished, when the same were subject to selection, or where the States title to such land is valid. |
κ1889 Statutes of Nevada, Page 129 (CHAPTER 119)κ
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subject to selection, or where the States title to such land is valid. When such deeds shall have been executed they shall be forwarded to the Commissioner of the General Land Office at Washington, D. C. The State Land Register shall, immediately after forwarding such deeds to the General Land Office, deduct the number of acres thus reconveyed from the amount of lands changed to the State under her grants from the United States. Sec. 14. Section twenty-one of said above-entitled Act is hereby amended so as to read as follows: Section twenty-one. All claims and accounts for services, or for expenses authorized by and legitimately incurred in carrying out any of the provisions of this Act, except the salaries of the Register and his deputy, shall be presented by itemized bills to the State Board of Examiners; and when any such claim shall be allowed by said board, they shall indorse thereon their approval of the same, and direct out of what fund or funds the claims so allowed shall be paid. Payments of all such allowed bills shall be made from appropriations made by law of moneys arising from sales of lands under this Act. |
Board of Examiners to allow claims. |
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Chap. CXX.An Act to prevent trespass upon real estate by live stock, and other matters relating thereto.
[Approved March 15, 1889.]
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 herd or knowingly graze any live stock upon the lands of another without having first obtained the consent of the owner of the land so to do; provided, that the person claiming to be the owner of said lands has the legal title thereto, or an application to purchase the same, with first payment made thereon, and the boundaries of said lands are marked so that extent and limits thereof are readily seen and easily traced on the ground, and said lands are assessed and all taxes due therefor have been paid. Sec. 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be fined not to exceed five hundred dollars. Sec. 3. The live stock which is herded or knowingly grazed on the lands of another, contrary to the provisions of the first section of this Act, shall be liable for double the damage done by said live stock while being unlawfully herded or grazed on the lands of another as aforesaid, together with cost of suit and reasonable counsel fees, to be fixed by the Court trying an action therefor, and the claim and lien of a judgment in such an action shall be superior to any claim or demand which arose subsequent to the commencement of said action. Sec. 4. This Act shall not apply to any stock running at large on the ranges or commons. |
Unlawful to graze on lands of another.
Penalty.
Double damages. |