[Rev. 1/24/2023 11:38:03 AM]
κ1864 Statutes of Nevada, Page 81κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
FIRST SESSION OF THE LEGISLATURE, 1864-5.
________
|
Chapter I.An Act for the Relief of the Virginia Fire Department.
[Approved December 28, 1864.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Treasurer of the city of Virginia is hereby directed and authorized to set apart three thousand dollars from the general fund of said city, of the first moneys derived from taxes or licenses coming into his possession, for the purpose of paying for hose and well-gates ordered by the Common Council of Virginia City, and now on storage at the office of Messrs. Wells, Fargo & Co., in said city. Sec. 2. The Mayor and Common Council of the city of Virginia, are hereby directed to deduct the said sum of three thousand dollars from the sum of twenty-five thousand dollars, which they are authorized by law to set apart annually from the general fund of said city, as a special fund for the Fire Department thereof. Sec. 3. This Act shall take effect, and be in force, from and after its passage. |
Treasurer required to set apart $3,000.
Mayor and Common Council required to deduct from General Fund. |
________
|
Chap. II.An Act to provide for the Allotment of Senators, pursuant to Section nine, Article seventeen, of the Constitution.
[Approved December 30, 1864.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Senate shall, in conformity with section nine, article seventeen, of the Constitution, at such time as the Senate, |
Manner of Allotment. |
κ1864 Statutes of Nevada, Page 82 (CHAPTER 2)κ
|
|
ate, by resolution, shall direct, proceed to divide the Senators by lot into two classes, which allotment shall be as follows: Four tickets, not distinguishable from each other by reason of any difference in size, form or color, shall be prepared and placed in a box, upon two of which tickets shall be written the words first class, and upon the other two the words second class. The roll of the Senators from Storey [county] shall be called in alphabetical order, and the President of the Senate shall appoint a Page, to be blind-folded, who shall draw from a box prepared for that purpose, one of the tickets as each members name is called; and the words upon the ticket so drawn shall designate the class to which such Senator shall belong. In drawing for each of the pairs of Senators hereafter named, two of said tickets shall be placed in said box, upon one of which shall be written first class, and upon the other the words second class. All the remaining Senators shall then be allotted in pairs, and called alphabetically in the order hereinafter named. The two Senators from Esmeralda County, the two Senators from Lander County, the two Senators from Humboldt County, the two Senators from Ormsby County, the two Senators from Washoe and Roop counties, the Senator from Lyon, with the joint Senator from Lyon and Churchill counties, and the Senator from Nye, with the Senator from Douglas County. The seats of the Senators of the first class shall be vacated on the day succeeding the general election in the year of our Lord 1866 (eighteen hundred and sixty-six); and the seats of the Senators of the second class shall be vacated on the day succeeding the general election in the year of our Lord eighteen hundred and sixty-eight. Sec. 2. This Act shall take effect from and after its passage. |
________
|
Issuance and sale of Bonds. |
Chap. III.An Act authorizing the Issuance and Sale of certain State Bonds, and levying a tax to provide means for the payment thereof.
[Approved January 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. By virtue of the power granted to the Legislature by the third section of article nine of the Constitution of this State, and in order to obtain money to pay the necessary expenses of the State Government from its commencement until the end of the fiscal year, and for the purpose of placing the finances of the State upon a cash basis, the issuance and sale of bonds of the State not exceeding in amount the sum of one hundred and fifty thousand dollars ($150,000) is hereby authorized, which bonds shall be payable at the office of the State Treasurer, and shall not run longer than one year from their date. They shall be dated when issued, and shall bear a rate of interest not exceeding two per cent. per month. The interest shall be payable semi-annually, at the office of the State Treasurer. |
κ1864 Statutes of Nevada, Page 83 (CHAPTER 3)κ
|
interest shall be payable semi-annually, at the office of the State Treasurer. Sec. 2. The bonds to be issued pursuant to the provisions of this Act shall be signed by the Governor, countersigned by the Controller, and indorsed by the State Treasurer, and shall be authenticated with the great seal of this State; coupons for the payment of the interest thereon shall be so attached that they can be removed without injury to the bonds. Sec. 3. The Governor and Secretary of State are hereby made commissioners to negotiate the sale of the bonds provided herein to be issued, and said commissioners shall negotiate the sale of such an amount thereof as they shall find necessary for the benefit of the State, and at such times, and bearing such rate of interest, not exceeding two per cent. per month, as they shall find necessary in order to secure the sale thereof at par. None of said bonds shall be sold at less than their par value. Said commissioners shall report monthly to the Controller of State the amount, number, date, and rate of interest of all bonds sold by them pursuant to the authority herein given, and shall, without delay, pay the proceeds of all bonds sold into the State Treasury in gold and silver coin of the United States. The State Treasurer is hereby authorized and required to cause said bonds to be prepared payable to the parties, or their assigns, to whom issued; but no bond shall be issued for a sum less than five hundred (500) dollars. The said Treasurer is further authorized and required to pay the interest on any bonds, issued pursuant to the provisions of this Act, whenever the same become due. Sec. 4. No bonds issued and sold under the provisions of this Act shall be sold for, or redeemed in, any currency except gold and silver coin of the United States, both principal and interest. Sec. 5. There shall be levied and collected for the fiscal year commencing January first, in the year of our Lord one thousand eight hundred and sixty-five, and annually thereafter, until all the bonds issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax of ninety-five cents on each one hundred ($100) dollars of the taxable property in this State; and so much of the revenue derived from said tax as may [be] necessary is hereby set apart, appropriated and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act. The tax hereinafter [hereinbefore] levied is, and shall be, considered and held to be a portion of the aggregate tax of one per cent. allowed and provided by the Constitution to be levied and collected annually for State purposes, and for the payment of any debt contracted by the State; but shall be first applied to the payment, both principal and interest, of all bonds issued pursuant to the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any way diverted from the State Treasury for any other purpose than paying bonds, both principal and interest, issued pursuant to the provisions of this Act, unless at the time there is a greater sum in said treasury derived from said tax than is required for such payment of said bonds. |
Coupons.
Commissioners to sell bonds.
Report to Controller.
Sold and redeemed in gold and silver coin.
Tax levied and set apart to pay principal and interest.
Pledge. |
κ1864 Statutes of Nevada, Page 84 (CHAPTER 3)κ
|
Appropriation to pay expenses of procuring and selling bonds. |
sum in said treasury derived from said tax than is required for such payment of said bonds. The sum of two thousand dollars, or so much thereof as may be necessary from the proceeds of the sale of the bonds specified in this Act, is hereby appropriated to pay the expenses of procuring said bonds, selling them, and placing the proceeds of their sale in the State Treasury. Sec. 6. This Act shall take effect from and after its passage. |
________
|
Acts amended
Action to recover possession of personal property.
Express contract.
Form of writ of execution. |
Chap. IV.An Act amendatory of, and supplementary to, an Act entitled An Act to regulate proceedings in Civil Cases in the Courts of Justice of the Territory of Nevada, approved November 29th, 1861.
[Approved January 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled An Act to regulate proceedings in Civil Cases in the Courts of Justice of the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one, as amended by an Act entitled An to amend an Act entitled An Act to regulate proceedings in the Courts of Justice in this Territory, approved February twentieth, one thousand eight hundred and sixty-four, is hereby amended as provided in this Act. Sec. 2. Section two hundred of said Act is amended so as to read as follows: Section Two Hundred. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. In an action on an express contract, or obligation, for the direct payment of money, made payable in a specified kind of money or currency, judgment for the prevailing party, whether the same be by default, or after verdict or decision of the court or referee, shall follow the contract or obligation, and be made payable in the kind of money or currency specified therein; and in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the prevailing party, whether the same be by default, or after verdict or the decision of the court or referee, shall be made payable in the same kind of money or currency so received by such person. Sec. 3. Section two hundred and ten of said Act is amended so as to read as follows: Section Two Hundred and Ten. The writ of execution shall be issued in the name of the State of Nevada, |
κ1864 Statutes of Nevada, Page 85 (CHAPTER 4)κ
|
be issued in the name of the State of Nevada, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the Sheriff, and shall intelligibly refer to the judgment, stating the court, the county where the judgment roll is filed, the names of the parties, the judgment, and, if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency, as provided in section two of this Act, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the Sheriff substantially as follows: First-If it be against the property of the judgment debtor, it shall require the Sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property, or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed; or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the Recorder of such county, stating such day, or any time thereafter. Second-If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the Sheriff to satisfy the judgment, with interest, out of such property. Third-If it be against the person of the judgment debtor, it shall require the Sheriff to arrest such debtor and commit him to the jail of the county, until he pay the judgment, with interest, or be discharged according to law. Fourth-If it be issued on a judgment made payable in a specified kind of money or currency, as provided in section two of this Act, it shall also require the Sheriff to satisfy the same in the kind of money or currency in which said judgment is made payable, and the Sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The Sheriff, collecting money or currency in the manner required by this Act, shall pay to the plaintiff, or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of the money so collected. Fifth-If it be for the delivery of the possession of real or personal property, it shall require the Sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the Sheriff to satisfy any costs, damages, rents, or profits, recovered by the same judgment; out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section. |
Specified kind of money.
|
κ1864 Statutes of Nevada, Page 86 (CHAPTER 4)κ
|
On judgment on joint contract.
Sale of property. Notice, how given.
Specified kind of money.
Sale of real estate, when absolute.
Certificate of sale, what to contain. |
Sec. 4. Section two hundred and eleven of said Act, is amended so as to read as follows: Section Two Hundred and Eleven. When a writ of execution is issued on a judgment recovered against two or more persons in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the Sheriff to satisfy the judgment out of the joint property of all the defendants, and the individual property only of the defendants who were served or who appeared in the action. In other respects, the writ shall contain the directions specified in subdivisions one and four of the last section. Sec. 5. Section two hundred and twenty-one of said Act, is amended so as to read as follows: Section Two Hundred and Twenty-one. Before the sale of property on execution, notice thereof shall be given as follows: First-In case of perishable property, by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property, not, however, to exceed ten days. Second-In case of other personal property, by posting a similar notice in three public places in the township or city where the sale is to take place, not less than five nor more than ten days successively. Third-In case of real property, by posting a similar notice, particularly describing the property, for three weeks successively in three public places of the township or city where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week for the same period in some newspaper published in the county, if there be one. Fourth-When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several notices required by this section shall state the kind of money or currency in which bids may be made at such sale, which shall be the same as that specified in the judgment. Sec. 6. Section two hunded and twenty-nine of said Act, is amended so as to read as follows: Section Two Hundred and Twenty-nine. Upon a sale of real property, the purchaser shall succeed to and acquire all the right, title, interest and claim of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale shall be absolute. In all other cases the property shall be subject to redemption, as provided in this chapter. The officer shall give to the purchaser a certificate of sale, containing, first, a particular description of the real property sold; second, the price bid for each distinct lot or parcel; third, the whole price paid; fourth, when subject to redemption, it shall be so stated. And when the judgment under which the sale has been made is made payable in a specified kind of money or currency, the certificate shall also state the kind of money or currency in which such redemption may be made, which shall be the same as that specified in the judgment. A duplicate of such certificate shall be filed by the officer in the office of the Recorder of the county. |
κ1864 Statutes of Nevada, Page 87 (CHAPTER 4)κ
|
Sec. 7. Section two hundred and eighty-seven of said Act is amended so as to read as follows: Section Two Hundred and Eighty-seven. If the appeal be from a judgment, or order directing the payment of money, it shall not stay the execution of the judgment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, that if the judgment or order appealed from, or any part thereof, be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal, when the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency as specified in such judgment. Sec. 8. Section two hundred and thirty-three of said Act is amended so as to read as follows: Section Two Hundred and Thirty-three. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, as the case may be, or for him to the officer who made the sale, and a tender of the money, so far as the redemption is concerned, shall be equivalent in law to payment. When the judgment under which the sale has been made is payable in a specified kind of money or currency, said payment shall be made in the same kind of money or currency, and a tender of the money shall be equivalent in law to payment. Sec. 9. Section five hundred and thirty-four of said Act is amended so as to read as follows: Section Five Hundred and Thirty-four. Upon a verdict the Justice shall immediately render judgment in conformity thereto. When the trial is by the Justice judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody; in other cases it shall be entered within two days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is-served on one or more, but not on all, the judgment shall be entered up only against those who were served, or have voluntarily appeared, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the individual property of the defendants served, or who have voluntarily appeared in the action. In an action on an express contract or obligation for the direct payment of money, made payable in a specified kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, shall follow the contract or obligation, and be made payable in the kind of money or currency specified therein. Sec. 10. The provisions of this Act shall, so far as applicable, be in force and apply to Justices Courts and actions therein, and all proceedings growing out of such actions. |
Judgment not stayed by appeal, unless undertaking be executed by appellant.
Undertaking payable in same kind of money.
Redemption, how made.
Judgment, how and when entered.
Provisions to apply to Justices Courts. |
κ1864 Statutes of Nevada, Page 88 (CHAPTER 4)κ
|
Provisions to apply to actions to recover any tax, fine, etc.
When provisions to apply to implied contracts.
Repeal.
|
Sec. 11. The provisions of this Act shall apply to all actions brought to recover any tax, fine, fee, cost, duty or impost, where by law such tax, fine, fee, cost, duty or impost may be required to be paid in any particular or specified kind of money or currency. Sec. 12. The provisions of this Act shall apply to all actions on implied contracts or obligations, contracted or incurred after the passage of this Act, when it shall appear on the trial to the satisfaction of the Court, jury, or referee, that the debt or obligation was contracted or incurred upon the basis of any particular kind of money or currency. Sec. 13. Sections twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven and twenty-eight of an Act entitled An Act to amend an Act entitled An Act to regulate proceedings in Courts of Justice in this Territory, approved February twentieth, one thousand eight hundred and sixty-four, are hereby repealed. Sec. 14. This Act shall take effect, and be in force, from and after its passage. |
________
|
Treasurer prohibited from paying warrants.
Redemption fund created.
Revenue to be transferred.
Disbursed. |
Chap. V.An Act to provide for the Payment of the Outstandstanding Indebtedness of Lander County.
[Approved January 6, 1865.]
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 not be lawful for the Treasurer of Lander County to pay any warrant drawn on the treasury of said county prior to the passage of this Act, except in the manner hereinafter provided. Sec. 2. The Board of County Commissioners of said county are hereby authorized and directed, from and after the passage of this Act, to create in the county treasury of said county a fund, to be known as the Redemption Fund of said county. As soon after the passage of this Act as is practicable they shall cause to be transferred into said redemption fund thirty-three and one third (33 1/3) per cent. of all county revenues in the county treasury of said county at the time of the taking effect of this Act; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said thirty-three and one third (33 1/3) per cent. of said revenues from said treasury until the said order of transference, to be made by said Board of County Commissioners as hereinbefore provided for, is duly certified to such Treasurer; and they shall cause thirty-three and one third per cent. of all county revenues paid into the treasury of said county at any time after the passage of this Act to be placed in said redemption fund as soon as paid into said treasury. The moneys placed in the redemption fund created by this Act shall be disbursed as hereinafter provided. |
κ1864 Statutes of Nevada, Page 89 (CHAPTER 5)κ
|
Sec. 3. Whenever at any time there shall be in said redemption fund the sum of one thousand dollars, or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice, by publication in some newspaper published at the county seat of said county, that sealed proposals, directed to him, will be received for the surrender of county warrants issued prior to the passage, or under the provisions, of this Act; and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said county thereafter. Sec. 4. On the first day of such regular meeting of said Board of County Commissioners they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county warrants specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied by the warrant or warrants proposed to be surrendered. Sec. 5. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the warrants to be redeemed, specifying the amount to be paid for each warrant, the date, number and amount thereof, and make a record thereof in their respective offices; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants designated in the accepted bid or bids, and pay for the same out of the redemption fund aforesaid; and all warrants so redeemed shall be canceled by the County Treasurer by writing across the face thereof in red ink, purchased and redeemed, adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants for the least sum of money. The bids and amounts of warrants being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as nearly as possible. The County Treasurer shall return all unaccepted bids, together with the warrants therein contained, to the owners on demand. The County Treasurer shall keep a separate account under the heading of Redemption Fund, of all moneys received into the said fund, and of all money paid out of said fund, and to whom paid. He shall also, on the register of county warrants, kept by him, write opposite each warrant redeemed under the provisions of this Act, the word purchased, and shall state the amount paid therefor. Sec. 6. When any claim against said county which accrued prior to the passage of this Act, is allowed by the Board of County Commissioners of said county, after the passage of this Act, the same shall be allowed as purchasable out of the redemption fund of said county, and all warrants drawn for the payment of the same shall be drawn upon and purchasable out of said redemption fund, in the same manner provided by this Act for the purchase of other county warrants, with moneys of said county in said redemption fund. |
Duty of Treasurer.
Proposals for surrender of warrants.
Proposals opened.
Accept lowest bid.
Accepted bids.
Warrants to be canceled.
Vouchers.
Lowest bid.
Treasurer to return warrants. Separate account to be kept.
Warrants drawn upon and purchasable out of redemption fund. |
κ1864 Statutes of Nevada, Page 90 (CHAPTER 5)κ
|
Provisions not to apply to or postpone payment, H. S. Herrick.
Repeal. |
Act for the purchase of other county warrants, with moneys of said county in said redemption fund. Sec. 7. The provisions of this Act are not designed, nor shall they be so construed as in any manner to affect or postpone the payment to H. S. Herrick, County Assessor of said county, and to his deputies, the sum of not more than six thousand four hundred and thirty-nine dollars for assessing said county during the years eighteen hundred and sixty-three and eighteen hundred and sixty-four. Sec. 8. All Acts and parts of Acts heretofore passed, so far as they conflict with the provisions of this Act, are hereby repealed. Sec. 9. This Act shall take effect as soon as passed and approved. |
________
|
When Laws and Joint Resolutions shall take effect. |
Chap. VI.An Act fixing the time when Laws and Joint Resolutions shall take effect.
[Approved January 10, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every law and joint resolution hereafter passed by the Legislature of the State of Nevada shall take effect and be in force from and after its passage, unless such law or joint resolution shall prescribe a different time. Sec. 2. This Act shall take effect, and be in force, from and after its passage. |
________
|
Office of State Printer created. To be elected by the Legislature. To be elected at the general election in 1866. |
Chap. VII.An Act to create the office of State Printer, define the duties and compensation thereof, and provide for the time and manner of election.
[Approved January 10, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An office, to be entitled the office of State Printer, is hereby created. Sec. 2. A State Printer shall be elected at the present session of the Legislature by vote of the Senate and Assembly assembled in Joint Convention, who shall hold his office until his successor is elected and qualified, as herein provided. At the general election in the year one thousand eight hundred and sixty-six, and every two years thereafter, there shall be elected by the qualified electors of the State, a State Printer, who shall hold his office for two years, |
κ1864 Statutes of Nevada, Page 91 (CHAPTER 7)κ
|
hold his office for two years, and until his successor shall have been elected and qualified; and all laws and parts of laws applicable to the election and commission of other State officers, together with the proclamation of the Governor, shall be applicable to the election of State Printer, as nearly as the same can be done in accordance with the laws and Constitution. Sec. 3. The election of the State Printer to be elected at the present session of the Legislature shall be certified to by the President of the Senate and Speaker of the Assembly immediately after the election. The State Printer elected by the qualified electors of the State shall be commissioned by the Governor. The person receiving such commission or certificate of election shall, within ten days thereafter, take the oath of office, and give bond to the State, with two or more sureties, in the sum of ten thousand dollars, to be approved by the Governor, Controller and Treasurer of State, for the faithful performance of his duties under this Act, as hereinafter provided. Said oath and bond shall be filed in the office of the Secretary of State without delay. Sec. 4. The State Printer elected at this session of the Legislature, shall enter upon the duties of his office within ten days after his election. The State Printer elected by the qualified electors of the State shall enter upon the duties of his office upon the Tuesday after the first Monday in January succeeding his election. Sec. 5. The State Printer shall print the laws, together with the Constitution of the State of Nevada, the Constitution of the United States, and the enabling Act, authorizing the Territory of Nevada to form a State Government; also, the Journals of the Legislature, and all public documents ordered to be printed by the Legislature, and blanks of the Supreme Court, and all forms and blanks that may be required to supply the offices of Governor, Secretary of State, Controller, Treasurer of State, Superintendent of Public Instruction, Attorney General, Surveyor General, and shall, also, print the bills, resolutions and other job printing which may be ordered by either of the two houses of the Legislature, and shall publish in a daily or weekly newspaper all proclamations, orders, notices and advertisements of the officers of State above enumerated, that now or hereafter may be required to be published by law, such as the said officers may consider to be for the public interest of the State, and shall do all other printing for the State, unless otherwise expressly ordered by law. Sec. 6. Whenever any message, report or other document in book form is ordered printed by either house, two hundred copies in addition to the number ordered shall be struck off and be retained in sheets by the printer, to be bound with the journals of the house ordering, as an appendix. Whenever any bill is ordered printed, one hundred copies shall be deemed the number ordered, unless the house ordering the same specially order a different number. Sec. 7. The Secretary of State shall furnish to the State Printer, within twenty days after the adjournment of the Legislature, a copy of all Acts, joint and concurrent resolutions and memorials, with marginal notes to the same, passed at such session; |
Laws applicable to election.
Certificate of election.
Commissioned. When to qualify. Amount of bond.
When to enter on duties.
What to be printed.
What to be published in newspaper.
Number of documents to be printed.
Secretary of State to furnish copies of laws, etc. |
κ1864 Statutes of Nevada, Page 92 (CHAPTER 7)κ
|
Laws to be printed in sixty days.
Index to be made.
Copies of Journals to be furnished printer.
Proof sheets for indexing. When Journal to be printed.
Number of laws, etc., to be printed.
How printing to be performed
Marginal notes. Rule and figure work.
Bills.
Blanks. |
sion; and the State Printer shall, within sixty days after such copy shall be furnished to him as aforesaid, print the number of copies as herein provided, and furnish proof sheets thereof to the Secretary of State, who within fifteen days thereafter shall make out and deliver to the State Printer an index to the same, who shall, within sixty days thereafter, print the said index and bind in connection with the laws in such manner as is hereinafter provided. Sec. 8. The Secretary of the Senate, and Chief Clerk of the Assembly, shall each furnish to the State Printer, every day during the session of the Legislature, a copy of the journals of their respective houses of the days proceedings, after such journal shall have been duly corrected by the respective houses, till the whole journal shall be thus copied and delivered; the State Printer shall immediately print the same, whenever copy will complete a form, and deliver proof sheets to the Secretary of State for indexing, who shall, within five days after the adjournment of the Legislature, return the same to the State Printer, who shall, within sixty days thereafter, print and deliver to the Secretary of State, such number of copies of the journal aforesaid, with the accompanying index, as the Legislature may direct, bound in volumes, as herein provided. Sec. 9. There shall be printed of the laws, resolutions and memorials, of each session of the Legislature, six hundred copies; of the Journals of the Senate and Assembly, there shall be printed two hundred copies in one volume, or in two, as may be required by the size thereof. Sec. 10. The printing to be performed under this Act by the State Printer shall be as follows, to wit: The laws, journals, messages and other documents in book form, shall be printed solid, in long primer type, on good white paper, each page, except the laws, shall be thirty-three ems wide and fifty-eight ems long, including title, blank line under it and foot line; the laws to be of the same length as the journals, and twenty-nine ems wide, exclusive of marginal notes, which notes shall be printed in nonpareil type, and be seven ems wide; figure work, and rule and figure work, in messages, reports and other documents, in book form, shall be on pages corresponding in size with the journals, providing it can be brought in by using type not smaller than minion, and whenever such work cannot be brought into pages of the proper size by using type not smaller than minion, it shall be executed in a form to fold and bind with the volume it is intended to accompany; bills, and other work of a similar character, shall be printed with long primer type, on white, plain cap paper, commencing the heading one fourth of the length of the sheet from its top, and when said printing does not occupy more than two pages of such sheet, or less, the same shall be printed upon half sheets, and the State Printer shall only charge for the same, and in like ratio for a greater amount, and be forty-six ems wide and seventy-three ems long, including running head, blank line under it and foot line, and between each printed line there shall be a white line corresponding with four lines of the body of the type, and each printed line shall be numbered; blanks shall be printed in such form, and on such paper, and with such sized type as the officers ordering them may direct. |
κ1864 Statutes of Nevada, Page 93 (CHAPTER 7)κ
|
type as the officers ordering them may direct. The laws shall be printed without chapter headings, and with no blank lines, with the exception of one head line, one foot line, two lines between the last section of an Act and the title of the next Act; provided, that when there shall not be space enough between the last section of an Act to print the title and enacting clause and one line of the following Act upon the same page, such title may be printed on the following page. The journals shall be printed with no blank lines, with the exception of one head line, one foot line, and ten lines between the journal of one day and that of the following day. In printing the yeas and nays, the word yeas shall be run in with the names, and the word nays shall be run in with the names. Sec. 11. Folding shall also be allowed and charged on any bill or document, and no bill or document not exceeding four pages shall be stitched. When stitching and folding is required on bills or documents ordered by either House, one sixteenth of one per cent. per page shall be allowed for such folding and stitching; provided, that no folding or stitching shall be allowed on the laws or journals. Sec. 12. For all work executed and material furnished under this Act by the State Printer he shall be allowed as follows, which allowance shall include all the charges he shall make for the work, well executed, and delivered in good order at the seat of Government, excepting only the cost of paper, as herein provided, which shall be furnished to him by the Secretary of State, and an appropriation made by the Legislature therefor: For composition, per one thousand ems, one dollar and sixty cents; figure work, per one thousand ems, two dollars; rule work, per one thousand ems, two dollars and fifteen cents; rule and figure work, per one thousand ems, two dollars and twenty-five cents. Press work, per token of two hundred and forty impressions, one dollar and fifty cents. For all proclamations, orders, notices, and advertisements, authorized by section five of this Act to be published in the State papers, he shall be allowed one dollar per square of three hundred ems for composition and the first insertion, and fifty cents for each subsequent insertion; but no charge shall be made for a greater number of such subsequent insertions than may be ordered or directed by law, or by the Governor of the State. For binding the laws of each session, in full binding and lettering the same, two dollars per volume; for binding the journals of the Senate and Assembly, in half binding, leather backs, and corners in junk board marbled, and lettering the same, one dollar and seventy-five cents per volume. Provided, no charge shall be made or allowed for composition for blank pages under the provisions of this Act. For all forms and blanks, properly printed and delivered, the following rates shall be charged and received: For all commissions, not to exceed twenty dollars per thousand; for all receipts, Controllers orders on the treasury, franks for books and documents, licenses, letter headings, and all other forms and blanks not otherwise provided for in this section, not to exceed seven dollars per thousand. Sec. 13. A Board of Commissioners is hereby created, consisting of the Governor and Secretary of State, |
Laws to be printed without Chapter headings, and blank lines.
Journals.
Yeas and Nays.
Folding and stitching.
Proviso.
Compensation of Printer.
Composition. Rule work. Rule and figure. Press work. Advertising.
Binding.
Forms and blanks. |
κ1864 Statutes of Nevada, Page 94 (CHAPTER 7)κ
|
Board of Commissioners created.
Price of laws furnished citizens. Controller required to draw warrants.
When printing to be done at Capital. |
sisting of the Governor and Secretary of State, and one Expert in printing, to be selected by the Governor and Secretary of State, whose duty it shall be from time to time, as may be required, to examine and measure the work done by the State Printer, and no claim or account of said State Printer shall be audited unless first passed upon by said examiners, and the said Expert shall be allowed a per diem not exceeding eight dollars, to be determined by the Governor and Secretary. Sec. 14. The State Printer shall furnish to all citizens who may apply therefor a copy of the laws of each session of the Legislature at a price not exceeding five dollars. Sec. 15. The Controller of State is hereby authorized and required, from time to time, to draw his warrants on the Treasurer of State for such sums as may be due the State Printer under this Act, payable out of any moneys not otherwise appropriated by law. Sec. 16. The printing for the Legislature during its session shall be done at the capital. Sec. 17. This Act shall take effect, and be in force, from and after its passage. |
________
|
Repeal. |
Chap. VIII.An Act to repeal an Act entitled An Act to authorize and require the County Commissioners of Esmeralda County, Nevada Territory, to procure the necessary books and stationery, and authorize the County Recorder of Mono County, California, to transcribe certain Records, and Indexes of Records, of said county of Mono.
[Approved January 10, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act requiring the County Commissioners of Esmeralda County, Nevada Territory, to procure the necessary books and stationery, and authorize the County Recorder of Mono County, California, to transcribe certain records and indexes of said county of Mono, approved February ninth, one thousand eight hundred and sixty-four, is hereby repealed. Sec. 2. This Act shall take effect from and after its passage. |
________
κ1864 Statutes of Nevada, Page 95κ
|
Chap. IX.An Act to provide for the payment of the compensation of the District Judges of this State, and to carry out the requirements of Section fifteen of Article VI of the State Constitution.
[Approved January 16, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the several County Treasurers of the several counties of Storey, Ormsby, Lyon, Lander, Douglas, Humboldt, Washoe, and Esmeralda, and the two counties of Nye and Churchill, and they are hereby each directed and required, from each years revenue of each of said counties respectively, and from the first moneys received into said treasuries, after the passage of this Act, and as soon as the same shall be paid in and received, to set apart therefrom a sufficient amount of money, in United States gold and silver coin, to pay the annual compensation of the several District Judges of said State, of and within the said several counties named respectively, as provided in said Constitution. Provided, that the Treasurers of the counties of Nye and Churchill shall each set apart one half of the amount of compensation for the Judge of their District, the same to be paid to such District Judges respectively, at the times and as fixed and prescribed by said Constitution. And the moneys so set apart as aforesaid shall be and remain a special and exclusive fund, to be known (in each of said counties) as the District Judges Salary Fund, for each county named aforesaid, for the payment of the compensation of the said several District Judges aforesaid. And it shall be the duty of, and the several County Auditors of the several counties mentioned, are each hereby directed and required to draw his orders or warrants upon said special fund aforesaid, upon the County Treasurer of said counties respectively, on the first Mondays of March, June, September, and December, of each year, in favor of each District Judge of the said counties respectively, for such compensation; and it shall be the duty of, and the County Treasurer of each of said counties aforesaid, is hereby directed and required to pay such warrants, in such gold and silver coin, immediately upon the presentation thereof to him, from the moneys so set apart in said fund as hereinbefore provided. Sec. 2. The moneys hereby ordered and required set apart as provided in this Act, to create the funds for the purposes herein expressed, shall not be used or appropriated for any other fund, use, object, or purpose whatsoever, but shall be and remain in said several funds, subject to the warrants herein mentioned and provided to be drawn upon. Sec. 3. Whenever any money shall be paid into the several treasuries aforesaid, or either thereof, from court fees or tax, as provided by law, or otherwise, properly belonging to said salary funds, the Treasurer or Treasurers of such counties shall transfer to some other fund of the county an equal amount of money as that properly belonging and going to said salary fund from such court tax. |
Treasurers required to set apart first money to pay salary of District Judges.
Proviso.
Salary Fund.
Money not to be used for other purposes.
Money to be transferred. |
κ1864 Statutes of Nevada, Page 96 (CHAPTER 9)κ
|
|
Sec. 4. This Act shall take effect, and be in force, from and after its passage. |
________
|
Who required to make oath.
Form of oath |
Chap. X.An Act prescribing the Official Oath of the State of Nevada.
[Approved January 16, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons, including presidents, secretaries, trustees or directors of mining, or other corporations, formed under the provisions of the laws of this State, members of the Legislature, all officers, executive, judicial and ministerial, and all other persons who may be required by law (except witnesses in the courts of justice of this State), to make oath or affirmation shall, before they enter upon the duties of their respective offices, or other duties required of them, take and subscribe to the following oath, or affirmation: I, ____, do solemnly swear (or affirm), that I will support, protect and defend the Constitution and government of the United States, and the Constitution and government of the State of Nevada, against all enemies, whether domestic or foreign; and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State Convention or Legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm), that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance since the adoption of the Constitution of the State of Nevada; and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office; and further, that I will, well and faithfully, perform all the duties of the office of ____, on which I am about to enter, (if an oath), so help me God, (if an affirmation), under the pains and penalties of perjury. Sec. 2. This Act shall take effect, and be in force, from and after its passage. |
________
κ1864 Statutes of Nevada, Page 97κ
|
Chap. XI.An Act in relation to the Compensation of Members of the Legislature and State Officers.
[Approved January 16, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Members of the Legislature shall receive a compensation of eight dollars (excepting the President of the Senate and the Speaker of the Assembly, who shall receive two dollars additional) for each and every day of actual attendance during the session, payable weekly, and forty cents per mile, for mileage, going to and returning from the place of meeting; also, a sum not exceeding sixty dollars for each member, for the payment of the expenses incurred by such member for postage, express charges, newspapers and stationery. Sec. 2. The Governor of the State shall receive an annual compensation of four thousand dollars; the Secretary of State, Treasurer and Controller, an annual compensation of three thousand six hundred dollars, each; the Attorney General, an annual compensation of two thousand five hundred dollars; the Superintendent of Public Instruction, an annual compensation of two thousand dollars; the Surveyor General, an annual compensation of one thousand dollars; and the Justices of the Supreme Court, an annual compensation of seven thousand dollars, each. The Compensation of the respective State officers, as provided herein, shall be payable quarterly. Sec. 3. The Controller is hereby authorized and required to draw his warrants upon the State Treasurer, in favor of the members of the Senate and Assembly, upon presentation of certificates of compensation due, signed by the Sergeants-at-Arms and the presiding officers of the two houses respectively, for the amounts named therein. He shall on the first judicial day of the months of January, April, July and October, draw his warrants in favor of the several State officers for the quarterly compensation due them by virtue of the provisions of Section Two of this Act. Sec. 4. This Act shall take effect, and be in force, from and after its passage. |
Compensation of members of Legislature.
Compensation of State officers.
Controller required to draw warrants. |
________
|
Chap. XII.An Act to provide for the Payment of the Salaries of the Judges of the Supreme Court of the State of Nevada.
[Approved January 17, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby set apart and appropriated from the first gold coin coming into the general revenue of the State, not otherwise specially appropriated for the payment of principal or interest on Territorial or State bonds, for each fiscal year, |
Appropriation. |
κ1864 Statutes of Nevada, Page 98 (CHAPTER 12)κ
|
Estimate required to be made.
Treasurer required to set apart first gold coin.
Judicial Salary fund.
Deficiency in fund, another estimate to be made.
Balance to be credited to fund.
Controller to issue warrants.
Proviso. Certificate of clerk of court. Proviso. |
year, an amount sufficient, when added to the amount likely to arise from the docket tax fund, to pay the salary of the Supreme Judges of the State of Nevada; and the Treasurer, Controller and Chief Justice of the State, shall, during the month of January in each year, make an estimate of the probable amount which will arise during the year from the docket tax in the Supreme Court; and the Treasurer and Controller shall each make an entry on the books of their office of the amount agreed upon as likely to be realized from the docket tax; and the Treasurer thereafter shall set apart from the first gold coin paid into his office, not otherwise specially appropriated for the payment of principal or interest on Territorial or State bonds, as a part of the general revenue of the State, a sum which, when added to the estimated amount of the docket tax, and any balance then in the judicial salary fund, will make twenty-one thousand ($21,000) dollars, which sum, when so set apart, shall be termed the judicial salary fund, and shall only be drawn from the treasury in payment of salaries of the Judges of the Supreme Court of the State of Nevada. Sec. 2. If, during any fiscal year, it is ascertained that there is, or will probably be, a deficiency in the judicial salary fund, the Controller, Treasurer and Chief Justice may again meet and estimate what will be the probable deficiency in the judicial salary fund, and proceed in like manner as prescribed in the foregoing section to ascertain and cause to be set apart a sufficiency of any gold coin then in the treasury, or thereafter coming into the treasury on account of the general revenue, a sufficient amount to make up said deficiency. If; after paying the salaries of the Judges of the Supreme Court for any fiscal year, there remains a balance in the judicial salary fund, the same shall stand as a credit to the same fund for the following year. Sec. 3. The Controller of the State shall, on demand, issue to each of the Judges of the Supreme Court his warrant on the Treasurer of State for the sum of five hundred and eighty-three dollars and thirty-three cents, ($583 33-100,) payable in gold coin out of the judicial salary fund of the treasury, for their salaries up to the first Monday in January, one thousand eight hundred and sixty-five; and thereafter the said Controller, on the first Monday of January, April, July, October, and January, of each year, or as soon as may be thereafter, shall in like manner, issue his warrants to each of said Judges for seventeen hundred and fifty ($1,750) dollars, payable in gold coin, less the amount he may have received from the clerk of his court out of the docket tax during the preceding quarter; provided, said Controller shall not in any case issue to any Judge his warrant for such quarters salary until such Judge shall have produced and furnished him a certificate of the clerk of his court as to the amount he may have received from docket tax during the preceding quarter; provided, further, that if any Judge shall, from any cause, have only served a portion of the preceding quarter, the Controller may issue his warrant only for the fractional part of a quarter for which said Judge may have served. |
________
κ1864 Statutes of Nevada, Page 99κ
|
Chap. XIII.An Act amendatory of an Act entitled An Act relating to Marriage and Divorce, approved November twenty-eight, one thousand eight hundred and sixty-one, being Chapter XXXIII. of the Laws of Nevada.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section twenty-seven of chapter thirty-three of the laws of Nevada, approved November twenty-eight, one thousand eight hundred and sixty-one, entitled An Act relating to marriage and divorce, be, and the same is hereby amended so as to read as follows, to wit: Section Twenty-seven. When the marriage shall be dissolved by the husband being sentenced to imprisonment, and when a divorce shall be ordered for the cause of adultery committed by the husband, the wife shall be entitled to the same proportion of his lands and property as if he were dead; but in other cases the court may set apart such portion for her support, and the support of their children, as shall be deemed just and equitable. In any suit for divorce now pending, or which may hereafter be commenced, the court or judge may, in its discretion, upon application, of which due notice shall have been given to the husband, or his attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and the support of the children of the parties during the pendency of such suit; and the court or judge may direct the application of specific property of the husband to such object, and may also direct the payment to the wife for such purpose of any sum or sums that may be due and owing to the husband from any quarter, and may enforce all orders made in this behalf, as is provided in section twenty-four of this Act. Sec. 2. An Act entitled An Act concerning judgments of divorce in the Probate Court of Storey County, approved December tenth, one thousand eight hundred and sixty-two, and all Acts in conflict with the provisions of this Act are hereby repealed. ___
In Senate, January 17, 1865. This is to certify, that Senate Bill No. 33, entitled An Act amendatory of an Act entitled an Act relating to Marriage and Divorce, approved November twenty-eighth, one thousand eight hundred and sixty-one, being chapter thirty-three of the laws of Nevada, passed the Senate this day, notwithstanding the objections of the Governor. The question being, Shall the bill pass, notwithstanding the objections of the Governor? resulted as follows: Ayes, (13) thirteen; noes, (3) three. J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate. |
Act of 1861 amended.
Wifes proportion of property.
Court may require husband to pay sums to carry on suit Specific property.
Repeal. |
κ1864 Statutes of Nevada, Page 100 (CHAPTER 13)κ
|
|
In Assembly, January 18, 1865. This is to certify, that Senate Bill No. 33, entitled An Act amendatory of an Act entitled an Act relating to Marriage and Divorce, approved November twenty-eighth, one thousand eight hundred and sixty-one, being chapter thirty-three of the laws of Nevada, passed the Assembly this day, notwithstanding the objections of the Governor. The question being Shall the bill pass, notwithstanding the objections of the Governor? resulted as follows: Ayes, twenty-six; noes, five. C. W. TOZER, Speaker of the Assembly. Attest: U. E. Allen, Clerk of the Assembly. |
________
|
Board County Commissioners required to draw warrant. |
Chap. XIV.An Act for the Relief of Hiram Welsh.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Humboldt County are hereby authorized, and it is hereby made their duty, to draw a warrant for three hundred and sixty dollars ($360), on the general fund of said county, in favor of Hiram Welsh, for services rendered in assessing said county in the year one thousand eight hundred and sixty-four. Sec. 2. This Act to take effect from and after its passage ___
In Assembly, January 13, 1865 This is to certify, that Assembly Bill No. 15, entitled An Act for the relief of Hiram Welsh, passed the Assembly this day, notwithstanding the objections of the Governor. The question being, Shall the bill pass, notwithstanding the objections of the Governor, resulted as follows: Ayes, twenty-eight; noes, six. C. W. TOZER, Speaker of the Assembly U. E. Allen, Clerk of the Assembly. ___
In Senate, January 18, 1865. This is to certify, that Assembly Bill No. 15, entitled An Act for the relief of Hiram Welsh, passed the Senate this day, notwithstanding the objections of the Governor. The question being, Shall the bill pass, notwithstanding the objections of the Governor? resulted as follows: Ayes, sixteen; noes, none. J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate. |
________
κ1864 Statutes of Nevada, Page 101κ
|
Chap. XV.An Act for the Relief of S. L. Baker and Alfred James, late Probate Judges of Nye and Churchill Counties.
[Approved January 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners for the county of Nye are hereby authorized to direct the County Auditor of said county to draw his warrant on the County Treasurer of said county in favor of S. L. Baker, for such a sum as they, the said Commissioners, shall deem to be a just and fair compensation to the said Baker for his services as Probate Judge of said county of Nye. Sec. 2. The County Auditor of the county of Churchill is hereby authorized and directed to draw his warrant on the County Treasurer of said county in favor of Alfred James, for the sum of four hundred and seventy-six (476) dollars, for balance due on salary as Probate Judge of said county from March seventeenth (17), eighteen hundred and sixty-four (1864), to December first (1), eighteen hundred and sixty-four (1864), payable out of the general fund of said county. Sec. 3. It shall be the duty of County Treasurer of Churchill County to pay to said Alfred James the amount due on said warrant, and also the amount due on warrants already drawn in favor of said James, out of any money in the county treasury, not otherwise appropriated, in the regular order of county indebtedness. Sec. 4. This Act shall take effect from and after its passage. |
County Commissioners Nye county authorized to direct Auditor to draw warrant.
Auditor of Churchill County directed to draw warrant.
Duty of County Treasurer of Churchill county. |
________
|
Chap. XVI.An Act fixing the number of Officers and Employes of the Senate and Assembly, to define their duties, and to establish their pay.
[Approved January 21, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The officers and employes of the Senate shall consist of one secretary, one assistant secretary, one sergeant-at-arms, one assistant sergeant-at-arms, one minute clerk, one journal clerk, one enrolling clerk, one engrossing clerk, one copying clerk, one porter, two pages, one messenger, and one doorkeeper; provided, that after the first session there shall be no doorkeeper in either body. Sec. 2. The officers and employes of the Assembly shall consist of one chief clerk, one assistant clerk, one sergeant-at-arms, one assistant sergeant-at-arms, one minute clerk, one journal clerk, one enrolling clerk, one engrossing clerk, one porter, two pages, one messenger, and two copying clerks. |
Officers and employes of the Senate.
Officers and employes of the Assembly |
κ1864 Statutes of Nevada, Page 102 (CHAPTER 16)κ
|
Compensation of officers and employes.
Duty of officers and employes. |
Sec. 3. There shall be paid to the several officers and employes named in this Act, for all services rendered by them under the provisions of this Act, the following sums, and no more: The secretary of the Senate and assistant secretary of the Senate, and the chief clerk of the House and the assistant clerk of the House, shall receive ten (10) dollars per day; all other clerks of the two Houses, with the exception of the committee clerks, who shall receive six dollars per day, shall each receive nine dollars per day; to the sergeant-at-arms of the Senate, and to the sergeant-at-arms of the Assembly, each ten dollars per day; to the assistant sergeant-at arms of the Senate and of the Assembly, each eight dollars per day; to the porters of the Senate and Assembly, each five dollars per day; to the pages of the Senate and Assembly, each three dollars per day; the doorkeeper of the Senate, six dollars per day; and the messengers to receive each four dollars per day; and all additional copying required in the enrolling and engrossing departments of the two Houses shall be under the supervision of the chairman of the Enrolling and Engrossing Committees respectively, and shall be compensated at the rate of fifteen cents per folio for engrossing, and twenty-five cents per folio for enrolling. Sec. 4. It shall be the duty of the secretary of the Senate to attend each day, call the roll, read the journal and bills, to take charge of and superintend the copying of the journals, and all other copying necessary to be done for the Senate. It shall be the duty of the chief clerk of the Assembly to attend each day, to call the roll, read the journal and bills, and to take charge of and superintend the copying of the journals, and all other copying necessary to be done for the Assembly. It shall be the duty of the assistant secretary [of the Senate] and assistant clerk of the Assembly to take charge of all bills, petitions, and other papers presented to their respective Houses, to file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the secretary of the Senate and chief clerk of the Assembly. It shall be the duty of the minute clerk of the Senate and the minute clerk of the Assembly to keep a correct record of the proceedings of each day, for the purpose of having such proceedings recorded in the journals by the journal clerk of their respective Houses. It shall be the duty of the journal clerk of the Senate to record each days proceedings in the journal, from which they shall be read by the secretary each day of meeting, in order that they may be authenticated by the signature of the president. It shall be the duty of the journal clerk of the Assembly to perform all similar duties for the Assembly which are required to be performed by the journal clerk of the Senate. It shall be the duty of the copying clerk of the Senate to copy into the appendix the annual report of the State officers, and other lengthy documents, and to perform all such copying for the printer as shall be ordered by the Senate. It shall be the duty of the copying clerks of the Assembly to copy into the appendix all lengthy documents, and perform all such copying for the printer as shall be ordered by the Assembly; but the annual reports of the State officers shall not be copied into the Assembly journals or appendix, but [the] journal of the proceedings of joint conventions of the Senate and Assembly shall be copied only in the journal of the Assembly. |
κ1864 Statutes of Nevada, Page 103 (CHAPTER 16)κ
|
bly journals or appendix, but [the] journal of the proceedings of joint conventions of the Senate and Assembly shall be copied only in the journal of the Assembly. It shall be the duty of the sergeant-at-arms of the Senate and the sergeant-at-arms of the Assembly to give a general supervision, under the direction of their presiding officers, to the Senate and Assembly chambers, with the rooms attached; to attend during the sittings of their respective bodies, execute their commands, together with all such process issued by authority thereof as shall be directed to them by their presiding officers; to keep an accurate account for paying mileage of members, and prepare checks for the same; they shall receive no other compensation for their services beyond their per diem, except actual expenses incurred in arrests made by them and for traveling expenses for themselves or special messenger, which expenses so incurred shall be paid from the contingent fund of their respective Houses; provided, that no special messenger shall be employed by any officer of either House unless expressly authorized so to do by the House of which he is an officer. It shall be the duty of the assistant sergeant-at-arms of each House to perform the duties of doorkeeper; prohibit all persons, except members, officers, employes, and ladies, and such reporters as may have seats assigned them by the rules of each House, from entering within the bar of the House of which he is doorkeeper, unless upon invitation, and to arrest for contempt all persons outside of the bar, or in the gallery, found engaged in loud conversation, or otherwise making a noise to the disturbance of their respective Houses. Sec. 5. It shall be the duty of the secretary and assistant secretary of the Senate, and chief clerk and assistant clerk of the Assembly, at the close of each session of the Legislature, to mark, label and arrange, all bills and papers belonging to the archives of their respective Houses, and to deliver the same, together with all books of both Houses, to the Secretary of State, who shall certify to the reception of the same; and upon the production of said certificate to the Controller of State, the Controller is authorized and directed to draw his warrant upon the Treasurer, in favor of the above named parties, for the sum of twenty-five dollars each, and the Treasurer is authorized to pay the same out of any money in the general fund not otherwise appropriated. Sec. 6. The secretary, sergeant-at-arms, engrossing and enrolling clerks of the Senate shall be elected by the Senate. The assistant secretary, minute clerk, journal clerk, and copying clerk of the Senate, shall be appointed by the Secretary of the Senate. The assistant sergeant-at-arms of the Senate shall be appointed by the sergeant-at-arms of the Senate. The chief clerk, assistant clerk, sergeant-at-arms, assistant sergeant-at-arms, journal and minute, enrolling and engrossing clerks of the Assembly, shall be elected by the Assembly. The porters, pages and messengers shall be appointed by the presiding officers of their respective Houses. The Senate and Assembly may elect each a chaplain, whose pay shall be five dollars per day. Sec. 7. Any of the officers and employes mentioned in this Act, may be removed by a two thirds vote of the members of the House in which they are connected, for failure to perform the duties imposed upon them by this Act, or for incompetency. |
Same.
Duty of Secretaries and Clerks.
Controller directed to draw warrant.
Officers elected by Senate. Appointed by secretary of Senate. Officers elected by Assembly. Appointed by presiding officers. |
κ1864 Statutes of Nevada, Page 104 (CHAPTER 16)κ
|
Officers and employes may be removed.
No additional clerks appointed unless Per diem to date from.
Act, not to affect tenure of office.
Repeal. |
Act, may be removed by a two thirds vote of the members of the House in which they are connected, for failure to perform the duties imposed upon them by this Act, or for incompetency. Sec. 8. No additional number of clerks shall be appointed, unless by a vote of two thirds of the Senate or Assembly. Sec. 9. The per diem of all officers fixed by this Act shall date from the day on which they shall have been elected and qualified. Sec. 10. Nothing in this Act shall be construed so as to effect [affect] the tenure of office of any attache of this Legislature herein named, and appointed prior to the passage of this Act. Sec. 11. All Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed. Sec. 12. This Act shall take effect, and be in force, from and after its passage. |
________
|
To file certain documents with Controller.
Documents to be filed.
Same bond.
Conditions of bond. |
Chap. XVII.An Act to Tax and Regulate Foreign Insurance Companies doing business in this State.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the first day of February, in the year of our Lord one thousand eight hundred and sixty-five, it shall not be lawful for any person or firm, officer or agent, to collect premiums of insurance in this State, in any manner or in any capacity whatsoever, on either fire, life, or inland risks, for or on account of any company, association, or individual insurers, not incorporated under the laws of this State, unless such person or firm, officer or agent, shall have first filed with the Controller of State the following described documents: First, A certified copy of the power of attorney, certificate of agency, open policy, commission, or other authority or agreement, under which such person, firm, officer, or agent, shall claim to be authorized to collect premiums of insurance in this State. Second, A good and sufficient bond, to be signed by the person or firm, officer or agent, so authorized by the powers of attorney, or other authority, as aforesaid, as principal, with two good and sufficient sureties, to be approved by the Controller, in the penal sum of two thousand dollars for each fire insurance company, or one thousand dollars for each life insurance company, or three thousand dollars for each inland insurance company, association, firm, or individual, not incorporated under the laws of this State, for whose account it is proposed to collect premiums of insurance in this State, the conditions of such bonds to be as follows, viz.: First, That the person or firm, agent or officer, named therein, acting on behalf of the company, association, firm, or individual named therein, will pay to the Treasurer of the county, or city and county, in which the principal office of the agency shall be located, such sum per quarter, quarterly in advance, |
κ1864 Statutes of Nevada, Page 105 (CHAPTER 17)κ
|
quarterly in advance, for a license to transact an insurance business, or such other license, or licenses, as are, or may be, imposed by law, so long as the agency shall remain in the hands of the person or firm, officer or agent, named as principal in the bond. Second, That the person or firm, officer or agent, so specified as above, will pay, or cause to be paid, to the State, all stamp duties on the gross amounts insured by them, in such manner and at such time as may be prescribed by law, inclusive of renewals on existing policies. Third, that within thirty days after the first day of June, in the year of our Lord, one thousand eight hundred and sixty-five, and within thirty days after the first of June in each succeeding year, the agent or officer named in the bond shall render to the Treasurer of the county, or city and county in which the principal office of the agency shall be located, a statement, sworn to by him, and exhibiting the gross amount of premiums collected by the agency, inclusive of all amounts collected by sub-agents throughout the State, for each company or association, firm or individual insurer represented by him or them respectively, from which shall be deducted the gross amount of return premiums; the first statement shall exhibit the amount so collected between the first day of February and the first day of June, in the year of our Lord, one thousand eight hundred and sixty-five, and subsequent statements shall exhibit the amounts so collected during the year terminating on the first day of June in each year respectively; and that on filing the statements, as herein required, the agent or agents, or officer named in the bond, shall pay to the Treasurer of the county, or city and county aforesaid, a tax of two per cent. on the amount of gross premiums, after deducting return premiums, as set forth in his statement, and collected from fire and inland risks, and a tax of one per cent. on the amount of premiums collected from life risks, and for the purposes of this Act. All premiums shall be deemed to have been collected which have been entered up on the books of the agency. Sec. 2. For the purposes of this Act, all persons, firms and officers of companies or associations not incorporated under the laws of this State, and engaged in collecting premiums of insurance, directly or indirectly, on fire, life or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act; and all express companies not so incorporated, as aforesaid, engaged in the carriage of treasure or merchandise from and within this State, and insuring the same, whether themselves assuming the risk, or whether the risks be reinsured by companies or associations not chartered by this State, shall be deemed to be foreign insurers within the meaning of this Act, and shall be required to file with the Controller a separate bond for each express company taking risks, as aforesaid; and for each foreign company, or association, reinsuring them on such risks. Sec. 3. Every person or firm who shall effect, agree to effect or procure any insurance for citizens of this State, from, or on account of any insurers, or insurance companies whatever, not incorporated under the laws of this State, after the first day of February, in the year of our Lord, one thousand eight hundred and sixty-five, |
Statement.
What statement shall exhibit.
Who deemed agents.
Separate bond.
Penalties. |
κ1864 Statutes of Nevada, Page 106 (CHAPTER 17)κ
|
Copy of bond to be filed with County Treasurer.
When separate bond to be filed.
False statement.
Penalties.
Special deposit.
Proviso.
Proviso.
Power attorney. |
and sixty-five, without first having executed and filed the bond required in section one of this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in the sum of two thousand dollars for each company, or association, on whose account such insurance shall have been effected; one half of such fine to be for the use of the State, and one half for the benefit of the informer. But, nothing herein contained shall apply to the sub-agents or employes of any principal agent who shall have complied with the requirements of this Act. Sec. 4. A copy of the bond herein required to be filed with the controller, certified by that officer, shall be filed with the Treasurer of the county, or city and county, where the principal office of the agency shall be located, before any license shall be issued to any agent for the transaction of insurance business; and shall remain on file in the office of the County Treasurer until he is notified, in writing, by the Controller, of the termination of the agency and cancelation of the bond. Sec. 5. Whenever the same person, firm, officer or agent, shall desire to collect premiums of insurance for more than one company, association or individual, not incorporated under the laws of this State, the Controller shall require a separate bond, as provided in section one, for each company or association so represented by such person, firm, officer or agent. Sec. 6. If any agent or officer of a foreign insurance company, as defined in section two of this Act, shall make any false statement, concealment or misrepresentation in the sworn statement required by section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of perjury, and shall be liable, on conviction thereof, to the pains and penalties as prescribed by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the People of this State, by the prosecuting attorney of the county, or city and county, where the offense shall be committed. Sec. 7. Every fire insurance company or association, not incorporated under the laws of this State, shall, in addition to the payment of the annual tax upon premiums, as provided in section one of this Act, make a special deposit with some banker or bankers of this State, who shall be approved by the Controller of this State, before issuing any policies of insurance, or taking any risks of any amount whatever, of the sum of fifty thousand dollars (in such bonds or certificates of indebtedness of this State as may be authorized to be issued by the State Legislature; provided, that if a sufficient amount of Nevada State bonds or certificates of indebtedness cannot be procured, to carry out the provisions of this Act, then such deficiency may be made up by United States six per cent. bonds, or other collateral deposits as may be approved by the State Controller,) by the first day of February, in the year of our Lord one thousand eight hundred and sixty-five; provided, said companies and associations shall duly execute, acknowledge, deliver, and cause to be duly recorded in the office of the Controller of State, a good and sufficient power of attorney, to some person who shall be a citizen of the United States, and a citizen and resident of the State of Nevada, which power, so long as such company shall have outstanding policies of insurance in said State, |
κ1864 Statutes of Nevada, Page 107 (CHAPTER 17)κ
|
long as such company shall have outstanding policies of insurance in said State, shall be irrevocable except by substitution of other person or persons, qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and process requisite and necessary to the complete acquisition of jurisdiction of such company, by any of the courts of this State, or United States courts therein, and constituting such attorney or attorneys the authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made, in all actions or special proceedings instituted by or against any such company, in any of the courts of this State, or in any Federal court within this State, and which shall be necessary to the acquisition or complete exercise of the jurisdiction aforesaid by said courts. Sec. 8. Such banker or bankers so approved by the Controller, shall hold said stocks and bonds, or certificates of indebtedness, on special deposit, as security for policy holders in said companies, but so long as any company so depositing shall continue solvent, and shall comply with all the requisites of the laws of this State applicable to such company, shall permit such company to collect the interest or dividends on its bonds or certificates of indebtedness so deposited, and from time to time to withdraw any of such securities on depositing with such banker or bankers, so approved by the Controller, other like securities, the value of which shall be equal to the value of such as may be withdrawn. Sec. 9. It shall not be lawful for any person to act within this State as agent, or otherwise, in receiving or procuring application for insurance in, or in any manner to aid in transacting the insurance business of any company or association, not incorporated under the laws of this State, until he has procured a certificate from the Controller that the company or association for which he acts has complied with all the provisions of this Act; and for every such certificate, so obtained, the sum of five dollars shall be paid to the Controller, and all policies issued, or insurance taken before the issuance of such certificate shall be null and void for all purposes whatever. Sec. 10. All such bonds and certificates of indebtedness in the hands of such banker or bankers, so approved by the Controller, shall be liable to attachment or seizure under execution in any suit or judgment against any such company or association; and within ten days after any such attachment or seizure the said company or association shall further deposit with such banker or bankers, so approved by the Controller, such an amount of said bonds or certificates of indebtedness as shall equal in value what may have been so sold, provided, that if at the time such further deposits may be required to be made there shall not be any State bonds subject to be disposed of by the State, such further deposit shall be made in United States six per cent. bonds, California State bonds, or such other State bonds as may be approved by the Controller, in an equal amount to the amount so seized or attached, and in case of failure by such company or association he shall revoke all certificates in behalf of said company or association, and shall cause a notification thereof to be published in some newspaper of the county of Storey for four weeks; and from the expiration of said ten days, said company or association, and all agents thereof, shall discontinue the issuing of any new policy, or the taking of any further risks. |
Banker to be approved by Controller.
No policy good unless this act is complied with.
Bonds subject to attachment.
Further deposit.
Proviso. |
κ1864 Statutes of Nevada, Page 108 (CHAPTER 17)κ
|
When company desire to relinquish business.
Notice.
License tax.
To be paid into State Treasury.
Violation to be deemed a misdemeanor.
Penalty. |
of Storey for four weeks; and from the expiration of said ten days, said company or association, and all agents thereof, shall discontinue the issuing of any new policy, or the taking of any further risks. Sec. 11. When any such company, transacting business within this State shall desire to relinquish its business, the Controller shall, on application of such company or association, under the oath of the president, or principal officer, or secretary, or any resident agent thereof, give notice of such intention in a newspaper printed and published in the county of Storey, at least twice a week for six months, and after such publication he shall direct such banker or bankers, so approved by him, to deliver up, and they shall deliver up, to such company or association the securities held by such banker or bankers belonging to such company, on being satisfied by the exhibition of the books and papers of such company or association kept by their agents or officers in this State, and upon the oath of the president, or principal officer, or secretary of the same, or resident agent, that all debts and liabilities of every kind are paid and extinguished, that are due or may become due upon any contract or agreement, made with any citizen of this State; provided, that the expense of all printing under this Act procured by the Controller shall be paid by such company, before delivery of the securities. Sec. 12. There shall be levied upon, and collected from each person, firm, officer or agent, collecting premiums of insurance in this State, or, in any manner or in any capacity whatsoever, on either fire, life or inland risks for or on account of any company, association, corporation or individual, a license tax of twenty-five dollars per quarter year, payable quarterly in advance to such officer as may be appointed under the revenue laws of this State. Such collector shall account for and pay over the same at the time and in the manner that may be provided by law for the payment of other State and county licenses; the treasurer of the county or city and county shall pay into the State Treasury all moneys collected under the provisions of this Act at the same time and in the same manner as other moneys belonging to this State may be required to be paid, but nothing contained in this Act shall be construed to apply to sub-agencies, reporting to and under control of the agent at the city, or city and county, where the principal office of the agency shall be located, and all requirements of this Act shall be complied with by the principal agent as aforesaid, who shall be deemed the agent for that purpose. Sec. 13. Every willful violation of sections seven, eight, nine and ten of this Act, shall be deemed a misdemeanor. and subject the party violating to a penalty of five hundred dollars for each violation, which shall be sued for and recovered in the name of the People by the prosecuting attorney of the county in which the company, or the agent or agents so violating, shall be situated; and one half of the said penalty, when recovered, shall be paid into the treasury of said county, and the other half to the informer of such violation; and in case of non-payment of such penalty, the party so offending shall be liable to imprisonment for a period not exceeding six months, in the discretion of any court having cognizance thereof. |
κ1864 Statutes of Nevada, Page 109 (CHAPTER 17)κ
|
Sec. 14. All Acts and parts of Acts in relation to insurance companies, inconsistent with the provisions of this Act, are hereby repealed. ___
This is to certify that Assembly Bill No. 23, an Act to tax and regulate Foreign Insurance Companies doing business in this State, passed the Assembly notwithstanding the objections of his Excellency, the Governor. The question being shall the bill pass notwithstanding the objections of the Governor? resulted as follows: Ayes, twenty-eight; noes, five. C. W. TOZER, Speaker of the Assembly. Attest: U. E. Allen, Clerk of the Assembly. ___
This is to certify that Assembly Bill No. 23, an Act to tax and regulate Foreign Insurance Companies doing business in this State, passed the Senate notwithstanding the objections of his Excellency, the Governor. The question being shall the bill pass notwithstanding the objections of the Governor? resulted as follows: Ayes, thirteen; noes (4) four. J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate.
|
Repeal. |
________
|
Chap. XVIII.An Act to legalize the Assessment of Real and Personal Property, as made by the County Commissioners of Douglas County for the year one thousand eiyht hundred and sixty-four.
[Approved January 24, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The assessment of the real and personal property which was made by the Board of County Commissioners of Douglas County, by the passage of an order dated May thirteenth, one thousand eight hundred and sixty-four, which is in the words and figures following, to wit: First-Ordered that the county tax for the ensuing year is hereby levied at eighty cents on each one hundred dollars upon the assessed value of all property in this county. Second-Ordered that the territorial tax be levied at thirty cents on each one hundred dollars upon the assessed value of all property in this county. Third-Ordered that an additional tax of fifty cents on each one hundred dollars upon the assessed value of all property in this county, for jail purposes, in accordance with an Act passed by the last session of the Territorial Legislature. |
Assessment made by County Commissioners in 1864 legalized. |
κ1864 Statutes of Nevada, Page 110 (CHAPTER 18)κ
|
|
that an additional tax of fifty cents on each one hundred dollars upon the assessed value of all property in this county, for jail purposes, in accordance with an Act passed by the last session of the Territorial Legislature. Fourth-Ordered that fifteen cents on each one hundred dollars upon the assessed value of all property in this county, for school fund, is hereby legalized and made valid, and the tax collector is hereby authorized to collect the same as though said order had been made according to and authorized by law. Sec. 2. This act shall take effect from and after its passage. |
________
|
Courts of Justice of the State.
Justices of the Supreme Court.
When to be elected.
Chief Justices.
Governor to fill vacancies.
Appellate jurisdiction. |
Chap. XIX.An Act concerning the Courts of Justice of this State, and Judicial Officers.
[Approved January 26, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following shall be the Courts of Justice for this State: First, the Supreme Court; Second, the District Courts; Third, Justices Courts; and, fourth, such Municipal Courts as may from time to time be established by the Legislature in incorporated cities or towns. Sec. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices. Each Justice hereafter elected or appointed shall be commissioned by the Governor, and before entering upon the discharge of his duties, shall take the constitutional oath of office. Sec. 3. The Justices of the Supreme Court shall be chosen at general elections, by the qualified voters of the State; one of the Justices shall be chosen at the general election of the year one thousand eight hundred and sixty-six (1866), and at the general election every second year thereafter, and shall hold his office for the term of six years from the first day of January next after his election. The senior Justice in commission shall be the Chief Justice, and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice. Sec. 4. When, from any cause, a vacancy shall occur in the office of a Justice of the Supreme Court, the Governor shall fill the same by granting a commission, which shall continue until the election and qualification of a Justice to fill such vacancy. A Justice to fill a vacancy shall be chosen at the first general election subsequent to the occurrence of the vacancy. Sec. 5. The Supreme Court shall have appellate jurisdiction in all cases in equity, and also in all cases at law in which is involved the title or right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, exceeds three hundred (300) dollars; also, in all other civil cases, not included in the general subdivisions of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to a felony. |
κ1864 Statutes of Nevada, Page 111 (CHAPTER 19)κ
|
cases, not included in the general subdivisions of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to a felony. Sec. 6. The Supreme Court shall have jurisdiction to review upon appeal. First, a judgment in an action or proceeding commenced in a District Court, when the matter in dispute is embraced in the general jurisdiction of the Supreme Court, and to review upon appeal from such judgment any intermediate order or decision involving the merits and necessarily affecting the judgment. Second, an order granting or refusing a new trial in such cases; an order granting or refusing to change the place of trial of an action or proceeding after motion is made therefor in the cases of which that Court has appellate jurisdiction, and from an order granting or refusing to grant an injunction or mandamus in the cases provided for by law. Sec. 7. This Court and each of the Justices thereof shall have power to issue writs of mandamus, certiorari, prohibition, quo-warranto, and habeas corpus, and, also, all writs and process necessary to the complete exercise of its appellate jurisdiction; such writs may be issued to any part of the State, and in granting writs of habeas corpus, such Court, or a Judge thereof may issue the writ upon application by or on behalf of any person held in actual custody in any part of the State, and may make such writs returnable before the Court, or either of the Justices thereof, or before any District Court of the State, or any Judge of said Courts. Sec. 8. This Court may reverse, affirm, or modify the judgement or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, or the place of trial to be changed. When the judgment or order appealed from is reversed or modified, this Court may make, or direct the inferior Court to make complete restitution of all property and rights lost by the erroneous judgment or order. Sec. 9. There shall be four terms of this Court in each year, to commence on the first Mondays of January, April, July and October. Such terms shall continue until the business before the Court is determined, or for such length of time as in the opinion of the Court the public interest may require. Sec. 10. Two Justices shall constitute a quorum for the transaction of business, excepting such business as may be done at chambers, and the concurrence of two Justices who heard the argument shall be necessary to pronounce any judgment, except in chamber business; and if two Justices who have heard the argument do not agree, the case shall be reargued. Sec. 11. The Supreme Court shall hold its sessions at the Capital of the State. If a room in which to hold the Court, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of business, be not provided by the State, the Court may direct the Sheriff of the county in which it is held to provide such room, attendants, fuel, lights, and stationery, and the expense thereof shall be paid out of the State Treasury. Sec. 12. All opinions and decisions rendered by the Supreme Court shall be in writing, signed by the Justices concurring therein, and shall be spread at large on the records of the Court kept for that purpose. |
Jurisdiction to review.
Court or Justice may issue certain writs.
Power of Court on appeal.
Terms of Court.
Two Justices may pronounce judgment.
Where Court shall be held
Opinions to be in writing |
κ1864 Statutes of Nevada, Page 112 (CHAPTER 19)κ
|
Judicial Districts of the State.
When district judges to be elected.
Term of office.
Jurisdiction.
Eligibility.
First judicial district.
Original jurisdiction.
Appellate jurisdiction.
Power to issue writs. |
Chapter II.The District Courts.
Sec. 13. The State shall be divided into nine judicial districts, which districts shall be numbered and composed as follows: The county of Storey shall constitute the first judicial district; the county of Ormsby, the second; the county of Lyon, the third; the county of Washoe, the fourth; the counties of Nye and Churchill, the fifth; the county of Humboldt, the sixth; the county of Lander, the seventh; the county of Douglas, the eighth; the county of Esmeralda, the ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes. Sec. 14. There shall be a District Judge for each judicial district, who shall be chosen by the qualified electors of their respective districts at the general elections, and shall enter upon the discharge of their duties on the first day of January subsequent to such election, and shall hold office for the term of four years, excepting those elected at the last election, who shall hold their office for the term provided for in the State Constitution; provided, that in the first judicial district there shall be three Judges, each of whom shall be chosen in the same manner as the Judges of other districts, and who shall have concurrent and co-extensive jurisdiction. The Courts held by District Judges shall be the District Courts of the State. Each District Judge shall, before entering upon the discharge of the duties of his office, take the constitutional oath of office. Sec. 15. Each District Judge shall reside in his district, and no person shall be eligible to the office of District Judge who has not been a resident of the district twelve months next preceding his election or appointment. Sec. 16. In the first judicial district the business shall be transacted by the Judges in the manner provided by special statute and general law, and according to rules established by the Judges, not inconsistent with the provisions of such statute. Sec. 17. The District Courts shall severally have original jurisdiction in all cases in equity; also, in all cases at law which involve the title or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds three hundred dollars; also, in all cases relating to the estates of deceased persons, and the person and estates of minors, idiots and insane persons, and of the action of forcible entry and unlawful detainers, and also in all criminal cases not otherwise provided for by law; they shall also have final appellate jurisdiction in cases arising in Justices Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts. |
κ1864 Statutes of Nevada, Page 113 (CHAPTER 19)κ
|
Sec. 18. The terms of the District Court shall be held at the county seat of the several counties. If a room for holding the Court be not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the Court may direct the Sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge. Sec. 19. The terms of holding these Courts shall be as provided by law in each district, and each term shall continue so long as the business may require, or until the day fixed for the commencement of another term in the same district, and may be adjourned from time to time, in the discretion of the Court. Sec. 20. The District Judges shall, at all reasonable times, when not engaged in holding courts, transact such business at chambers as may be done out of court. At chambers they may try and determine writs of mandamus, certiorari, quo warranto, hear and dispose of motions for new trials, and all applications for writs which are usually granted in the first instance upon ex parte application, and may also, in their discretion, hear and determine applications to discharge such orders and writs. They may also hear and determine applications for writs of assistance at chambers. Sec. 21. A District Judge may hold a term in any judicial district in this State, upon the request of the Judge of the district in which such term is to be held, and when, by reason of sickness, or absence from the State, or from any other cause, a term cannot be held in a district by the Judge thereof, a certificate of that fact shall be transmitted by the Clerk to the Governor, who shall thereupon direct some other District Judge to hold such term. It shall be the duty of the Judge thus directed to hold such term; provided, it will not conflict with his duties in his own district. Sec. 22. Each District Court shall have power to make rules not inconsistent with the constitution and laws of this State, for its own government and the government of its officers, but such rules shall not be in force until thirty days after their adoption and publication, except for the first terms held under the constitution of the State, and no rule shall be made imposing any tax or charge upon any legal proceeding, except as a penalty upon overruling a demurrer, or making an allowance to any officer for services. Sec. 23. District Judges shall not charge juries upon matters of fact, but may state the evidence and declare the law. In stating the evidence, the Judge shall not comment upon the probability or improbability of its truth, nor the credibility thereof. If the Judge state the evidence, he must also inform the jury that they are not to be governed by his statement upon matters of fact. Sec. 24. District Judges may be required, in deciding any question of law, to reduce his decision to writing at the time such decision is made, and note any exception thereto which may be taken by either party, to a trial or proceeding before him. Sec. 25. The District Courts shall have jurisdiction to inquire, by the intervention of a grand jury, of all public offenses, committed or triable in their respective districts, to try and determine all indictments found therein, and to hear and determine appeals from justices or other inferior courts in all cases of a criminal nature. |
Terms Court.
Duration of terms.
Business at Chambers.
When District Judge may hold court in any district.
Rules of District Court
Judge not to charge juries upon matters of fact.
May be required to reduce decision to writing. Jurisdiction of public offenses. |
κ1864 Statutes of Nevada, Page 114 (CHAPTER 19)κ
|
Powers of Court.
Justices Courts.
Jurisdiction. |
fenses, committed or triable in their respective districts, to try and determine all indictments found therein, and to hear and determine appeals from justices or other inferior courts in all cases of a criminal nature. Sec. 26. The District Courts shall have power to open and receive the proofs of last wills and testaments, and to admit them to probate; to grant letters testamentary, of administration and guardianship, and to revoke the same for cause shown according to law; to compel executors, administrators, and guardians to render an account when required, or at the period fixed by law; to order the sale of property of estates or belonging to minors; to order the payment of debts due by estates; to order and regulate all partitions of property or estates of deceased persons; to compel the attendance of witnesses; to appoint appraisers or arbitrators; to compel the production of title papers or other property of an estate or of a minor, and to make such other orders as may be necessary and proper in the exercise of the jurisdiction conferred upon them by law. Sec. 27. The District Judges shall have power, in vacation, to appoint appraisers, to receive inventories and accounts to be filed in his Court; to suspend the powers of executors, administrators, or guardians, in cases allowed by law; to grant special letters of administration or guardianship; to approve claims and bonds, and to direct the issuance from his Court of all writs and process necessary to the exercise of his powers over the estates of deceased persons, and over the property and persons of minors, idiots, and insane persons.
Chapter III.The Justices Courts.
Sec. 28. The Courts held by Justices of the Peace in this State shall be denominated Justices Courts, and shall have the jurisdiction confered by this chapter, but nothing contained in this chapter shall affect their jurisdiction in actions or proceedings now pending therein, nor shall it affect any judgment or order already made or proceedings already taken. Sec. 29. Justices Courts shall have jurisdiction of the following actions and proceedings: First, of an action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed three hundred dollars; Second, of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars; Third, of an action for a fine, penalty, or for forfeiture, not exceeding three hundred dollars given by statute or the ordinance of an incorporated city; Fourth, of an action upon a bond conditioned for the payment of money not exceeding three hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due; Fifth, of an action upon a surety, bond or undertaking, taken by them, though the penalty exceed, if the amount claimed does not exceed three hundred dollars; Sixth, of an action to recover the possession of personal property, when the value of such property does not exceed three hundred dollars; |
κ1864 Statutes of Nevada, Page 115 (CHAPTER 19)κ
|
property does not exceed three hundred dollars; Seventh, to take and enter judgment on the confession of a defendant, when the amount confessed does not exceed three hundred dollars; Eighth, of actions for the possession of lands and tenements, where the relation of landlord and tenant exists; Ninth, of proceedings respecting vagrants and disorderly persons. Sec. 30. The jurisdiction conferred by the last section shall not extend to a civil action, in which the title to real estate or mining claims, or question to boundaries of land may be involved. Sec. 31. Justices Courts shall also have jurisdiction of the following public offenses, committed within the respective counties in which such courts are established: First, petit larceny; Second, assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill; Third, breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 32. Justices of the Peace shall hold their offices for two years, and until their successors are elected and qualified. They shall be chosen by the electors of their respective townships, or cities, at the general election in the year one thousand eight hundred and sixty-five (1865), and the general election every two years thereafter, and shall enter upon their duties on the first Monday of January succeeding their election. Whenever a vacancy shall occur in the office of a justice by death, resignation or otherwise, such vacancy shall be filled by appointment of the Board of County Commissioners of the proper county. The justice appointed to supply a vacancy shall hold his office for the unexpired term of his immediate predecessor. Each justice, before entering upon the discharge of his duties, shall take the constitutional oath of office, and shall execute a bond to the State in the sum of five thousand (5,000) dollars, conditioned for the faithful performance of his duties, and file the same with the County Clerk. Sec. 33. Recorders Courts which are already established, or which may hereafter be established in any incorporated city of this State, shall have jurisdiction: First, of an action or proceeding for the violation of any ordinance of their respective cities. Second, of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities. Third, of proceedings respecting vagrants and disorderly persons. Sec. 34. The Recorders Courts already established, or which may hereafter be established, shall also have jurisdiction of the following public offenses committed in their respective cities: First, petit larceny. Second, assault and battery not charged to have been committed upon a public officer in the execution of his duties, or with intent to kill. Third, breaches of peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding three months, or by both such fine and imprisonment. Sec. 35. A Recorders Court shall be held by a judge who shall be designated as the Recorder of the City, and said court shall be held at such place in the city within which it is established as the government of such city may by ordinance direct. |
Jurisdiction not to extend to certain cases.
Further jurisdiction.
Terms of office and election.
Recorders Courts. Jurisdiction.
Further jurisdiction. |
κ1864 Statutes of Nevada, Page 116 (CHAPTER 19)κ
|
Court, when and where to be held. Election of Recorder.
Compensation.
Powers and duties.
May issue process.
Court always to be open.
Court of Record.
Proceedings to be public.
Exceptions.
Powers of Court.
When Judge disqualified. |
court shall be held at such place in the city within which it is established as the government of such city may by ordinance direct. Sec. 36. The Recorders shall be chosen by the electors of their respective cities, on a day to be fixed by the government of such cities, and shall hold their offices for one year, unless a longer period be fixed in the Acts incorporating such cities; in which case, for such period fixed. Before entering upon their duties they shall take the constitutional oath of office. Sec. 37. The Recorders shall receive a compensation, to be fixed by the charter, or when not so fixed, by the government of their respective cities, to be paid by such cities quarterly, in equal proportions. Such compensations shall not be increased or diminished during the period for which they are elected. Sec. 38. The Recorders shall possess the powers and exercise the duties of committing magistrates, in the criminal causes in which the courts held by them have no jurisdiction by this Act; and as such magistrates, they may examine, commit or discharge, all persons brought before them, as the justice and law of the case may require. Sec. 39. Recorders and Recorders Courts may issue all legal process, writs and warrants, necessary and proper to the complete exercise of their powers. Sec. 40. There shall be no terms in Recorders Courts. These courts shall always be open.
General provisions respecting the Courts of Justice and Judicial Officers.
Article I.
Sec. 41. The Supreme Court, the several District Courts, and such other courts as the Legislature shall designate, shall be Courts of Record. Sec. 42. The sittings of every Court of Justice shall be public, except as provided in the next section. Sec. 43. In an action for divorce the Court may direct the trial of any issue of fact joined therein to be private, and upon such directions all persons may be excluded, except the officers of the Court, the parties, their witnesses, and counsel. Sec. 44. Every Court shall have power to preserve and enforce order in its immediate presence; to enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority; to compel obedience to its lawful judgments, orders and process, and to the lawful orders of its Judge out of Court in an action or proceeding pending therein; to control, in furtherance of justice, the conduct of its ministerial officers.
Article II.
Sec. 45. A Judge shall not act as such in an action or proceeding to which he is a party, or in which he is interested. Second, when he is related to either party by consanguinity or affinity within the third degree. Third, when he has been attorney or counsel for either party in the action or proceeding, but this section shall not apply to the arrangement of the calendar, or the regulation of the order of business. |
κ1864 Statutes of Nevada, Page 117 (CHAPTER 19)κ
|
attorney or counsel for either party in the action or proceeding, but this section shall not apply to the arrangement of the calendar, or the regulation of the order of business. Sec. 46. A Judge of the Supreme Court, or of the District Courts, shall not act as attorney or counsel in any court, except in an action or proceeding to which he is a party on the record. Sec. 47. A Judge or Justice of the Peace shall not have a partner acting as attorney or counsel in any court in this State. Sec. 48. A Judge of the Supreme Court, or of the District Courts, shall not absent himself from the State.
Article III.
Sec. 49. The Courts of Justice may be held, and judicial business may be transacted, on any day except as provided in the next section. Sec. 50. No Court shall be opened, nor shall any judicial business be transacted on Sunday, on New Years day, on the Fourth of July, on Christmas day, on Thanksgiving day, on Washingtons birthday, or on a day in which the general election is held, except for the following purposes: First, to give, upon their request, instructions to a jury then deliberating on their verdict. Second, to receive a verdict or discharge a jury. Third, for the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Sec. 51. Every Court of Justice, except a Justices or Recorders Court, shall sit at the county seat of the county in which it is held; Justices Courts shall be held in their respective townships, precincts or cities, and Recorders Courts in their respective cities. Sec. 52. If no Judge attend on the day appointed for the holding the Court before noon, the Sheriff or Clerk shall adjourn the Court until the next day at ten oclock; and if no Judge attend on that day before noon, the Sheriff or Clerk shall adjourn the Court until the following day, and so on from day to day, for one week. If no Judge attend for one week, the Sheriff or Clerk shall adjourn the Court for the term, and such adjournment be entered in the minutes of the Court. Sec. 53. A Judge authorized to hold or preside at a Court appointed to be held in a city, precinct or town, may, by an order filed with the County Clerk, and published as he may prescribe, direct that the Court be held or continued at any other place in the city or county than that appointed, when war, pestilence, or other public calamity, or the dangers thereof, or the destruction of the building appointed for holding the Court, may render it necessary; and may, in the same manner, revoke the order, and in his discretion appoint another place in the same city or county for holding the Court. Sec. 54. When the Court is held at a place appointed as provided in the last section, every person held to appear at the Court shall appear at the place so appointed.
Article IV.
Sec. 55. Each of the following Courts, and no other, shall have a seal: First, the Supreme Court; second, the District Courts. |
Not to act as attorney except when party.
Partner, not to act as attorney. Not absent from State.
Courts, when to be held.
When business shall not be transacted.
Terms, where to be held.
Sheriff or clerk to adjourn court in absence of Judge.
Place of holding court may be changed in certain cases
Parties to appear.
Seals of Courts. |
κ1864 Statutes of Nevada, Page 118 (CHAPTER 19)κ
|
Seals of District Courts to be procured.
Private seal may be used. Clerk to keep seal. Seal to be affixed to certain documents.
How impressed.
Order in cases pending.
Violation of last section, how punished.
Powers of Judges and Clerks of Courts of Record.
Vacancy not to affect cases pending. Proceedings to be in English.
Repeal. |
Sec. 56. The several District Courts for which separate seals have not been heretofore provided shall direct the respective clerks of such Courts to procure such seals, and shall have the following inscriptions surrounding the same: For the District Courts-District Court, _____ District, County of _____, inserting the number of the district, and the name of the county. Sec. 57. Until the seals devised, as provided in the last section, are procured, the clerk of each Court may use his private seal whenever a seal is required. Sec. 58. The clerk of each Court shall keep the seal thereof. Sec. 59. The seal of the Court need not be affixed to any proceedings therein except: First-To a summons, writ, or commission to take testimony. Second-To the proof of a will, or the appointment of an executor, administrator, or guardian. Third-To the authentication of a copy of a record, or other proceeding of the Court or an officer thereof. Fourth-To certificates of acknowledgment and all final process. Sec. 60. The seal may be affixed by impressing it on the paper, or on a substance attached to the paper and capable of receiving the impression.
Article V.
Sec. 61. If an application for an order made to a Judge of a Court in which the action, or proceeding, is pending, be refused, in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other Judge, except of a higher Court; provided, that nothing in this section be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order. Sec. 62. A violation of the last section may be punished as a contempt; and an order made contrary thereto may be revoked by the Judge who made it, or vacated by a Judge of a Court in which the action or proceeding is pending. Sec. 63. The Judges and clerks of the Supreme Court, and of the District Courts, shall have power in any part of the State; and Justices of the Peace and Recorders, within their respective cities, precincts or townships, shall have power to take and certify-First, the acknowledgment of conveyances and satisfaction of a judgment of any Court; second, an affidavit to be used in any Court of justice of this State. Sec. 64. No action or proceeding in a Court of justice shall be affected by a vacancy in the office of all or any of the Judges, or by the failure of a term thereof. Sec. 65. Every written proceeding in a Court of justice in this State, or before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals in the customary manner. Sec. 66. All Acts or parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed. Sec. 67. This Act shall take effect and be in force from and after its passage. |
________
κ1864 Statutes of Nevada, Page 119κ
|
Chap. XX.An Act Concerning Teachers of Common Schools in this State.
[Approved January 26, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No certificate of qualification shall be granted by any State or County Board of Examination to any teacher, or to any person proposing to become such, unless such teacher or person shall have first taken and subscribed the following oath, or affirmation: I do solemnly swear (or affirm, as the case may be), that I have never borne arms against the legally constituted authorities of the United States, nor aided, nor abetted, nor sympathized with insurgents rebelling against the government of the United States, since the nineteenth day of March, one thousand eight hundred and sixty one; and I do solemnly swear (or affirm, as the case may be), that I will faithfully support, and protect, and defend the Constitution and government of the United States, against all enemies, whether domestic or foreign; that I will bear true faith, allegiance and loyalty to the said Constitution and government, and that I will, to the extent of my ability, teach those under my charge to love, reverence and uphold the same, any laws or ordinances of any State Convention or Legislature, or any rule or obligation of any society or association, or any decree or order from any source whatsoever, to the contrary notwithstanding; and further, that I do this with full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and I do further swear (or affirm, as the case may be), that I will support the Constitution of the State of Nevada. Sec. 2. The oath, or affirmation, in the first section of this Act, may be administered by the State Superintendent of Public Instruction, or by the County Superintendent of Public Schools, or by any officer authorized to administer oaths, and the certificate thereof shall be filed in the office of the County Superintendent of Public Schools in the county where the teacher taking the oath proposes to teach school, and no warrant for the compensation of any teacher shall be drawn on or paid from the school fund for any services rendered subsequent to the passage of this Act, unless the certificate of the oath or affirmation of such teacher has been filed with the County Superintendent of Public Schools for the county in which such warrant is asked to be drawn. Sec. 3. Within twenty days from and after the passage and approval of this Act, it shall be the duty of the Superintendent of Public Schools for each county in this State, to require of each and every teacher, engaged as such in the public schools of their respective counties, to take and subscribe the oath or affirmation contained in the first section of this Act, and if any teacher so notified of this Act, and required to conform to its provisions, shall refuse or neglect to take and subscribe the oath or affirmation hereinbefore specified, the County Superintendent of Public Schools for the county in which such teacher shall be engaged in teaching, |
Teachers required to make oath. Form of oath.
Who may administer oath.
Where filed.
Duty of County Superintendents. |
κ1864 Statutes of Nevada, Page 120 (CHAPTER 20)κ
|
Vacancy declared.
Vacancy to be filled.
Penalty for drawing warrant before filing oath. |
engaged in teaching, shall declare in writing, in the records of his office, that such teacher is no longer in the employ of the County Superintendent of Schools for that county, or the employ of the Board of Education or Trustees of any town or district of said county, and a copy of such declaration of record shall be transmitted by the County Superintendent of Public Schools to the Board of Education, or Trustees of any town or district, and a copy of the same shall be by said County Superintendent transmitted to the County Treasurer, and thereafter, and thereupon, the Board of Education, or Trustees of any town or district, shall proceed to fill the vacancy thus caused in the position of teacher in one or more of the public schools of said county, and thereafter no warrant shall be drawn or paid from the school fund in favor of the teacher who shall make such refusal, or so neglect to do and perform as is prescribed in this section of this Act. Sec. 4. Any County Superintendent, or President of County Board of Education, who shall draw any warrant on the County Treasurer for the payment of any teacher for services rendered after the passage of this Act, before the oath required in this Act, shall have been taken and filed, as hereinbefore provided, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not less than two hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than sixty days, or by both such fine and imprisonment. Sec. 5. This Act shall take effect from and after its passage. |
________
|
County Treasurer required to pay warrant. |
Chap. XXI.An Act for the Relief of J. H. Taber, Sheriff of Lander County.
[Approved January 26, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Treasurer of the county of Lander, in this State, is hereby authorized and required to pay out of any moneys now in, or if there be insufficient therefor, then out [of] the first moneys belonging to the general fund of said county that may be paid into the county treasury of said county, one certain county warrant, drawn in favor of J. H. Taber, (Sheriff of said county,) in the sum of thirty-three hundred and ninety-six and fifty one-hundredths ($3,396 50-100) dollars, (being warrant number seven hundred and eighty-seven, of date December tenth, in the year of our Lord one thousand eight hundred and sixty-four,) said warrant being for moneys paid, laid out and expended by said Taber, Sheriff, at his own cost, in feeding and keeping the county prisoners of said Lander County, and transporting certain prisoners to territorial prison, between the twelfth day of May and the fifth day of December, in the year of our Lord one thousand eight hundred and sixty-four, with the interest accruing upon said warrant. |
κ1864 Statutes of Nevada, Page 121 (CHAPTER 21)κ
|
in the year of our Lord one thousand eight hundred and sixty-four, with the interest accruing upon said warrant. Sec. 2. No Act and no parts of Acts shall conflict [with] the provisions of this Act. Sec. 3. This Act shall take effect from and after its passage. |
No Act to conflict with this Act |
________
|
Chap. XXII.An Act to provide for the Payment of the Outstanding Indebtedness of Virginia, Storey County.
[Approved January 27, 1865.]
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 not be lawful for the Treasurer of Virginia City, Storey County, to pay any warrants or bonds drawn on the treasury of said city prior to the passage of this Act, or any other indebtedness due from said city and incurred prior to the passage of this Act, except in the manner hereinafter provided. Sec. 2. The Board of Common Council of said city are hereby authorized and directed, from and after the passage of this Act, to create in the city treasury of said city a fund to be known as the Virginia City Redemption Fund. Immediately after the passage of this Act they shall cause to be transferred into said fund forty per cent. of all moneys in the treasury of said city, at the time of the passage of this Act; and the City Treasurer of said city is hereby expressly prohibited from paying out any portion of said moneys until such order of transference shall be made by said Board of Common Council, as above provided, and by such Board duly certified to said Treasurer; said Board shall also order forty per cent. of all moneys from whatever sources derived, that may come into the treasury of said city after the passage of this Act, to be placed in said Redemption Fund, all moneys placed in said fund shall be disbursed as hereinafter provided. Sec. 3. Whenever at any time there shall be in said Redemption Fund the sum of one thousand dollars, or over, it shall be the duty of the City Treasurer to give ten days notice, by publication in some newspaper published in said city, that sealed proposals directed to him will be received for the surrender of city warrants, bonds or other legal evidences of indebtedness of said city, issued prior to the passage of this Act, and that said sealed proposals will be received by him until the next regular meeting of the Board of Common Council thereafter. Sec. 4. At the time for the first regular meeting of the Board of Common Council thereafter, such Board, together with the City Clerk and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bids for the surrender of city warrants, bonds, or other legal evidences of indebtedness specified in the preceding section. |
Treasurer prohibited from paying warrants.
Redemption fund created Moneys to be transferred.
Money to be disbursed.
Duty of Treasurer. Proposals for surrender of warrants.
Proposals opened.
Accept the lowest bid. |
κ1864 Statutes of Nevada, Page 122 (CHAPTER 22)κ
|
Accepted bids.
Warrants, etc., to be canceled.
Vouchers.
Lowest bid.
Treasurer to return warrants, etc. Separate account to be kept.
Warrants, etc., purchasable out of Redemption fund.
Provisions not to apply to certain claims. |
ing section. No bid for more than par value shall be so accepted, nor unless accompanied with the warrant, bond, or other legal evidence of indebtedness, proposed to be surrendered. Sec. 5. When any bids are accepted, the City Clerk and City Treasurer shall each take a description of the warrants, bonds, or other legal evidences of indebtedness to be redeemed, specifying the amount to be paid for each of the same, the date, number, and amount thereof, and make a record thereof in their respective offices, and thereupon the Board of Common Council shall, by order, direct the City Treasurer to purchase the warrants, bonds, or other legal evidences of indebtedness designated in the accepted bid or bids, and pay for the same out of the redemption fund aforesaid; and all warrants, bonds, or other legal evidences of indebtedness so redeemed shall be canceled by the City Treasurer, by writing across the face thereof in red ink the words purchased and redeemed, adding thereto the time when the same was so redeemed, and the amount paid therefor, and signing the same officially. The order of the Board of Common Council aforesaid, together with the record made by the City Clerk as herein required, shall be sufficient vouchers for the City Treasurer in the settlement of his accounts. The bids specified in this act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants, bonds, or other legal evidences of indebtedness, in par value, for the smallest amount of money. The bids and amounts of warrants, bonds, or other legal evidences of indebtedness being equal, taking into consideration both principal and interest, each shall be accepted pro rata as near as possible. The City Treasurer shall return all unaccepted bids, together with the warrants, bonds, or other legal evidences of indebtedness therein contained to the owners on demand. The City Treasurer shall keep a separate account, under the heading of redemption fund, of all moneys received into said fund, and of all moneys paid out of said fund, and to whom paid. He shall also on the register of city warrants, bonds, or other evidences of indebtedness kept by him, write opposite each warrant, bond, or other evidence of indebtedness, redeemed by him under the provisions of this Act, the word purchased, together with the amount paid therefor. Sec. 6. All legal claims or demands whatsoever, (except those specified in the next succeeding section of this Act,) such as bonds, warrants, interest warrants, firemans warrants, contingent fund warrants, and all other legal evidences of indebtedness existing and outstanding against said city at the time of the passage of this Act, shall be purchasable out of the redemption fund of said city in the manner provided in this Act. Sec. 7. The provisions of this Act shall not apply to the claims or demands against the city of Virginia hereinafter specified in this section, but the Treasurer of said city is hereby authorized and directed to set apart out of the first moneys now in or hereafter coming into said city treasury, the sum of ten thousand dollars, (or so much thereof as may be necessary,) as a special fund, and out of said fund to pay in the order of its accruing the following described indebtedness outstanding against said city, viz: For cash advanced July twenty-second, one thousand eight hundred and sixty-four, by R. |
κ1864 Statutes of Nevada, Page 123 (CHAPTER 22)κ
|
against said city, viz: For cash advanced July twenty-second, one thousand eight hundred and sixty-four, by R. E. Arick, for special police service, three hundred dollars; for material furnished said city by George Shaw, August twenty-second, one thousand eight hundred and sixty-four, three hundred and four dollars; on special orders drawn in favor of George F. Jones, October seventh and seventeenth, one thousand eight hundred and sixty-four, two thousand dollars; on balance due George F. Jones, for cash advanced the city June second, one thousand eight hundred and sixty-four, to pay the city police force, six thousand dollars, together with interest thereon, as per note; for cash advanced the city October nineteenth, one thousand eight hundred and sixty-four, by A. R. Coryell, two hundred dollars; on special order, for cash advanced the city November nineteen, one thousand eight hundred and sixty-four, three hundred and seven dollars; and five hundred dollars due Thomas Parker. The amounts of money above specified shall be paid out of said special fund, together with all interest legally due thereon (if any) to the persons above mentioned, their assigns, legal representatives, or any other person owning the same at the time of the passage of this Act. Provided, that all of the evidences of indebtedness held therefor, together with all warrants or other legal evidences of indebtedness held as collateral security for the payment of the same shall be surrendered to the City Treasurer at the time of the payment thereof. Sec. 8. The Board of Common Council are hereby expressly prohibited from accepting any bid for the surrender of any bond, warrant, or other evidence of indebtedness, unless the payment of the same shall be duly authorized by law. Sec. 9. All Acts or parts of Acts (except an Act entitled An Act for the relief of the Virginia Fire Department, approved December twenty-eighth, one thousand eight hundred and sixty-four,) so far as the same are inconsistent with, or repugnant to, the provisions of this Act, are hereby repealed. |
Proviso.
No bid to be accepted unless payment is authorized by law. Repeal. |
________
|
Chap. XXIII.An Act providing for the Transfer of Judgments, Actions and Proceedings, from the several Probate Courts of the Territory to the District Courts of the State of Nevada.
[Approved February 1, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All journals, judgment books, and records of any kind whatsoever, and all papers, pleadings and documents heretofore filed and kept in the Probate Courts of the Territory of Nevada, or in the office of the clerks of said Court, are hereby ordered to be transferred and delivered to the clerks of the District Courts in the various counties of this State, where they shall remain as public records, proceedings and files in said offices. |
Judgement books and records to be transferred to District Court. |
κ1864 Statutes of Nevada, Page 124 (CHAPTER 23)κ
|
Judgments and orders transferred to District Courts.
Actions transferred to District Courts.
Duty of clerks of District Courts.
Rights valid in District Courts. |
Sec. 2. All judgments and orders, whether interlocutory or finale, heretofore entered in said Probate Courts, are hereby transferred to the District Courts in their respective counties, and said judgments and orders shall be as effectual and binding in said District Courts as they heretofore were in said Probate Courts. All writs proper to execute the same shall be issued out of, and all proceedings shall be had in said District Courts, and all liens and rights thereunder shall be continued and enforced in said District Courts, as fully as they might have been in said Probate Courts as heretofore existing. Sec. 3. All actions, whether legal, equitable or mixed; general or special proceedings of any and all kinds whatsoever, are hereby transferred from said Probate Courts to said District Courts, and shall be as effectual and binding in the one as in the other; and shall be conducted to final judgment and completion in said District Court as fully as if they had been commenced originally therein, and authority is hereby conferred upon said District Courts, and the officers thereof, to issue any and all writs, and take any and all proceedings necessary to carry into effect the provisions of this Act. Sec. 4. Whenever any pending cause or other matter shall be transferred from said Probate Courts to said District Courts respectively, and any party to be effected thereby has a right to be heard thereon, it is hereby made the duty of the Clerk of said District Court to issue a citation to said party upon the filing of a precipe by the party desiring said proceedings, and said writ of citation shall notify the party thereof, and be duly served upon him according to law, ten days before the disposition of said motion or other proceedings, and after said ten days have elapsed, the party so served shall be deemed to be in Court, and all proper proceedings shall then be had in the premises. Sec. 5. All rights heretofore acquired in said Probate Courts shall be deemed valid and enforced in said District Courts. |
________
|
Appropriation for State Prison and bonds of Nevada territory. |
Chap. XXIV.An Act to provide for the Payment of Interest, and so much of the Principal of the Bonds of the Territory of Nevada as become due on the first day of February, eighteen hundred and sixty-five, and the first day of August, eighteen hundred and sixty-five, and to appropriate Moneys to defray the Civil Expenses of the State Government from its organization up to the close of the first fiscal year.
[Approved February 1, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-five thousand three hundred dollars, or so much thereof as may be necessary for those purposes, and no more, is hereby set apart from, and appropriated out of the first moneys now, |
κ1864 Statutes of Nevada, Page 125 (CHAPTER 24)κ
|
out of the first moneys now, or which may hereafter be paid into the State treasury, six thousand dollars of said sum to defray the expenses of the State Prison since the consumption of the last appropriation by the Governor and Legislative Assembly of the Territory of Nevada, the balance of said sum to pay the interest, and so much of the principal on certain bonds of the Territory of Nevada that become due according to law on the first day of February, eighteen hundred and sixty-five, and the sum of fourteen thousand dollars is hereby appropriated and set apart from any moneys that may be in the general fund of the State Treasury on the first day of April, eighteen hundred and sixty-five, or from the first money that may thereafter come into the general fund of said State Treasury, to pay the interest and principal of such bonds of the Territory of Nevada as fall due on the first day of August, eighteen hundred and sixty-five, and the State Treasurer is hereby authorized and directed to pay out of the foregoing appropriations the interest, and so much of the principal of bonds of the Territory of Nevada, as become due at the times aforesaid, and to place the excess (if any), of said appropriation, in the general fund of the State, after making such payment. Sec. 2. The sum of twenty-four thousand five hundred dollars, including the docket fee, which shall be a part of said sum, or so much thereof as may be necessary for that purpose, and no more, now in, or of the first moneys hereafter paid into the State Treasury, is hereby appropriated, subject, however, to appropriations in this Act before made to pay the salaries of the Justices of the Supreme Court, as the same become due, quarterly, and the State Controller is hereby authorized and directed, at the end of each and every quarter after the first day of January, eighteen hundred and sixty-five, to draw his warrant on the State Treasurer in favor of each of the Justices of the Supreme Court for one quarter of his yearly salary, as provided in the Constitution; provided, that the State Controller shall forthwith draw his warrant on the State Treasurer for the amount due each Supreme Judge for salary which may have accrued prior to the first day of January, eighteen hundred and sixty-five, under the provisions of the State Constitution; and the State Treasurer is hereby authorized and required to pay the said warrants out of the appropriation made in this section of this Act. Sec. 3. The sum of eighty thousand dollars, or so much thereof as may be necessary for that purpose and no more, of the moneys now in, or of the first moneys hereafter paid into the State Treasury, is hereby appropriated (subject to the appropriations made in the first and second sections of this Act,) to defray the current expenses of the State Legislature as follows: The mileage and per diem of Members of the Senate and Assembly of the present Legislature, the per diem and compensation of the attaches thereof, the actual expenses of the Members of the Senate and Assembly during the present Legislature, (not exceeding sixty dollars each,) for postage, express charges, newspapers and stationery, and the contingent expenses of the Legislature for the present session, and the same shall be paid out in the manner provided in this Act; provided, that if on the first day of January, eighteen hundred and sixty-six, there remain any excess of such appropriation made in this section of this Act, the same shall be placed in the general fund of the State. |
Bonds of Nevada Territory.
Excess to be placed in General fund.
Justices of the Supreme Court.
Controller required to draw warrant.
Proviso.
Treasurer required to pay warrants.
State Legislature.
Contingent expenses.
Proviso. |
κ1864 Statutes of Nevada, Page 126 (CHAPTER 24)κ
|
State Prison.
Excess to be placed in the General Fund.
Current expenses.
State officers Fuel, etc., for officers. Salaries.
Printing. Rent.
Other expenses.
Duty of Sergeant-at-Arms of Senate and Assembly.
State Controller.
State Treasurer.
Expenses of Senators and Assemblymen. |
the first day of January, eighteen hundred and sixty-six, there remain any excess of such appropriation made in this section of this Act, the same shall be placed in the general fund of the State. Sec. 4. The sum of fourteen thousand dollars is hereby appropriated, (subject to the appropriations made in the first, second and third sections of this Act,) out of any moneys now in, or the first moneys hereafter paid into the State Treasury, to defray, (in connection with the six thousand dollars mentioned in the first section of this Act, appropriated for the like purpose,) the necessary expenses of the State Prison, from the expiration of the last appropriation, made by the Governor and Legislative Assembly of the Territory of Nevada, until the first day of January, eighteen hundred and sixty-six, and the same shall be paid out in the manner provided by law. And if on the first day of January, eighteen hundred and sixty-six, there remain any excess of said appropriation made in this section of this Act, and of the six thousand dollars mentioned in the first section of this Act, the same shall be placed in the general fund of the State. Sec. 5. The sum of one hundred thousand dollars is hereby appropriated, subject to the appropriations made in the first, second, third, and fourth sections of this Act, to defray the current expenses of the State government, as follows: To pay the salaries of the State officers, (except the Justices of the Supreme Court) the several sums due for fuel, furniture and fixtures, for the offices of the different State officers, the salaries of all the clerks of the different State officers, as now or hereafter fixed by law, the salary of any State officer, which may be created or fixed by law hereafter by the present Legislature, the salary of the private secretary of the Governor, the State public printing from the organization of the State government until the end of the current fiscal year, all rent which the State may contract to pay for public buildings, and offices for the Legislature from the organization of the State government until the end of the current fiscal year, and all other necessary civil expenses of the State government during said period. Sec. 6. The Sergeant-at-Arms of the Senate and of the Assembly, during the present session thereof, shall, at the end of each week, (if called for) give to each member of the Senate and Assembly, and each attache thereof, a certificate of the number of days he has actually served, signed by the presiding officers of their respective Houses, or has actually served and been excused from serving, and upon such certificate the State Controller shall issue to each a warrant for the amount of per diem allowed to him by law for the time so certified to, and the State Treasurer shall pay said warrants, as well as warrants drawn in like manner for the mileage of Senators and Assembly men, out of the appropriation of money made by section three of this Act. Sec. 7. All expenses of Senators and Assemblymen for postage, express charges, newspapers and stationery, during the present session, shall be certified to by the Sergeant-at-Arms of the Senate and Assembly respectively, and warrants shall be issued therefor on the Treasurer by the State Controller, in favor of the parties entitled thereto, |
κ1864 Statutes of Nevada, Page 127 (CHAPTER 24)κ
|
favor of the parties entitled thereto, and paid out of the money appropriated in section three of this Act; provided, that nothing in this section shall operate to render void, or affect, the action of the Assembly heretofore had respecting appropriations for actual expenses. Sec. 8. The State Controller shall draw his warrant at the end of each quarter on the State Treasurer in favor of each State officer, as provided by law, for one quarter of his yearly salary respectively, as now fixed by the Constitution; provided, that the State Controller shall forthwith draw his warrant on the State Treasurer for the amount due each State officer, for salary which may have accrued prior to the first day of January, eighteen hundred and sixty-five, under the provisions of the State Constitution, and the State Treasurer shall pay the same out of the moneys appropriated by the fifth section of this Act. Sec. 9. For all other claims against the State not already provided for by law, nor provided for in the preceding sections of this Act, warrants shall be issued by the State Controller on the State Treasurer in such manner as shall be provided by law, and paid out of moneys appropriated by section five of this Act. Sec. 10. No warrant shall be drawn by the State Controller on the State Treasurer in favor of any State officer, judicial or other, for salary which may have accrued prior to the fifth day of December, eighteen hundred and sixty-four, unless the party claiming the same shall make oath (and file the same in the office of the State Controller) of the time he actually served as such officer, and no warrant shall be drawn in favor of such officer for a greater sum than may be due him for the time actually served, as sworn to as hereinbefore provided. |
Proviso.
Controller to draw warrants for salary of State officers Proviso.
State Treasurer.
Warrants to be issued for other claims.
No warrant to be drawn for salary prior to 5th December, 1864, unless party make oath. |
________
|
Chap. XXV.An Act for the purchase and preservation of Public Newspapers, printed and published in the several counties of this State.
[Approved February 1, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Recorders of the several counties of this State are hereby authorized and required to subscribe for such newspapers, at least one and not more than three, printed and published in their respective counties, as the Board of Commissioners therein may select and determine. Sec. 2. It shall be the duty of each County Recorder to receive and preserve every copy of the paper or papers so subscribed for, and from time to time cause the same to be properly arranged, and bound in volumes of convenient size in a substantial manner, and said volumes when bound shall be kept in his office for the use of the courts when needed, of strangers, and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. |
Recorders required to subscribe for newspapers.
Copies to be preserved. |
κ1864 Statutes of Nevada, Page 128 (CHAPTER 25)κ
|
Recorders fee.
Forfeiture.
Subscription etc., to be paid out of General Fund.
Proviso.
Penalty for abstracting, etc.
Proviso. |
and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf the Recorder shall receive the sum of ten dollars for each volume, and for neglect of the duties hereby imposed shall forfeit the sum of fifty dollars, to be recovered, with costs, in a civil action, before any court, one half of which shall be paid into the county school fund, and the other half to the person who shall prosecute such action to successful termination. Sec. 3. The subscription price for such paper or papers, the binding of the several volumes thereof, and the Recorders compensation for the care and preservation of the same, shall be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from such fund by the respective Boards of County Commissioners; provided, that in any county in this State, in which the County Recorder is compensated by a salary, said Recorder shall receive for such services no compensation additional to that of his salary, and the expense of procuring and filing such newspapers shall be paid as stationery and books for the office of said Recorder are now paid for. Sec. 4. Any person who shall willfully abstract, destroy, mutilate, or deface any number or volume of such newspaper, purchased in pursuance of this Act, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or both such fine and imprisonment, in the discretion of the court; provided, that one half such fine shall be paid into the school fund of the county wherein such offender may be convicted, and the other half to the person who shall make the complaint. Sec. 5. This Act shall be in force and take effect from and after the first day of April, in the year of our Lord one thousand eight hundred and sixty-five. |
________
|
Franchise. |
Chap. XXVI.An Act granting the Right of Way, and authorizing A. Sutro, and his associates, to construct a Mining and Draining Tunnel.
[Approved February 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A. Sutro, and his associates, successors and assigns, shall, for the next fifty years ensuing, from and after the approval of this Act, have, possess, and enjoy the exclusive privilege of the right of way, and to run, construct and excavate a tunnel running into the Comstock lode, from any point to be selected in the foot hills of the Carson River Valley, within the boundaries of Lyon County, and between Corral Canon and Webber Canon; also, to sink mining shafts along the line, or course of said tunnel, |
κ1864 Statutes of Nevada, Page 129 (CHAPTER 26)κ
|
course of said tunnel, and connecting with the same at such points as may be selected by said parties; provided, however, the right of way hereby granted for said tunnel shall in no manner or in any wise interfere with any rights heretofore acquired in and to the said Comstock lode, or any other lode along the line, or in the vicinity of said tunnel, or any rights of property heretofore acquired by any person or corporation; and, provided, further, that said right of way for said tunnel shall in no wise interfere with the rights of miners, according to the laws and customs of this State. Sec. 2. That the object of said tunnel being for the purpose of draining the Comstock lode, and all other lodes along its line of direction or course, and for the discovery and development of other lodes through which the same may pass, and for the general purpose of advancing the mining interest of this State; the rate, price or sum of money to be charged for the benefit derived by the persons, companies or corporations along the line of said tunnel, and others who may be benefited by the drainage of their mines or lodes, and freeing the same from the flow of water therein, shall be whatever sum or sums of money, or stock, which may, or shall be agreed upon by and between the corporations, person or persons to be benefited as aforesaid; and the grantee herein, his associates, successors or assigns, and the said A. Sutro, and his associates, successors and assigns, shall have the right to receive and collect all sums of money, or stock, which said persons, companies, or corporations shall contract to pay; and in default of the payment of the same, according to the tenor and condition of such contract or contracts, the said A. Sutro, and his associates, their successors or assigns, shall have the right, and are hereby authorized and empowered to sue for and collect the same in any court of competent jurisdiction in this State. Sec. 3. It shall be the duty of said A. Sutro, his associates, their successors or assigns, to commence the work of said tunnel in advancing the objects aforesaid, within one year from the passage of this Act, and to complete the same within eight years. |
Proviso.
Proviso.
Objects.
Rate to be charged.
Right to receive and collect.
Empowered to sue.
When work to be commenced and completed. |
________
|
Chap. XXVII.An Act to create Contingent Funds for the Senate and Assembly.
[Approved February 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Treasurer is hereby authorized and directed to set apart from the first moneys coming into the legislative fund, not otherwise appropriated, the sum of eight thousand dollars, three thousand of which shall constitute the contingent fund of the Senate, and five thousand the contingent fund of the Assembly. |
Contingent funds. |
κ1864 Statutes of Nevada, Page 130 (CHAPTER 27)κ
|
Funds to be under the exclusive control of Senate and Assembly. |
Sec. 2. The said funds shall be under the exclusive control of the Senate and Assembly respectively; each House may direct the payment of moneys from its own contingent fund by resolution, and the Controller of State is authorized and required to draw his warrants in accordance therewith. Sec. 3. This Act shall take effect from and after its passage. |
________
|
Governor. may appoint Commissioners.
Term of office. Powers.
Acts legal.
Oath of office.
To take oath of this State.
Copy of Act to be transmitted.
Fee and application of |
Chap. XXVIII.An Act empowering the Governor to appoint Commissioners of Deeds, and to define their duties.
[Approved February 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the Territories and districts thereof, and in each foreign State, kingdom, province, territory, and colony, one or more Commissioners of Deeds, to continue in office four years, unless sooner removed by him. Every Commissioner of Deeds so appointed, shall have power to administer oaths, and to take and certify depositions and affidavits to be used in this State, and also to take the acknowledgment or proof of any deed or other instrument, to be recorded in this State, and duly certify the same under his hand and official seal. Sec. 2. All oaths administered by said Commissioners, all depositions and affidavits taken by them, and all acknowledgments and proofs of deeds, and other instruments aforesaid, taken and certified by them and under their seals as such Commissioners, shall have the same force and effect in law, for all purposes whatever, as if done and certified by any Notary Public, or other officers, in and for this State, who is now or hereafter may be authorized by law to perform such acts. Sec. 3. Before any Commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath that he will faithfully perform and discharge all the duties of his office, which oath shall be filed in the office of the Secretary of State of the State of Nevada, within six months after being taken and subscribed. Sec. 4. Every Commissioner appointed under the provisions of this Act, within any one of the United States, or within any Territory or district thereof, shall take and subscribe to the official oath of this State, and file the same in the office of the Secretary of State. Sec. 5. It is hereby made the duty of the Secretary of State to transmit a copy of this Act, with the commission, to each person appointed under the provisions thereof. Sec. 6. Before any commission shall be delivered to any appointee under the provisions of this Act, a fee of ten dollars on such commission, exclusive of other legal charges thereon, shall be paid therefor to the said Secretary of State, and shall be accounted for by him and paid into the library fund of this State, to be appropriated to the purchase of books therefor, in such manner as is or may be provided by law. |
κ1864 Statutes of Nevada, Page 131 (CHAPTER 28)κ
|
be accounted for by him and paid into the library fund of this State, to be appropriated to the purchase of books therefor, in such manner as is or may be provided by law. Sec. 7. An Act of the Legislative Assembly of the Territory of Nevada, entitled An Act empowering the Governor to appoint Commissioners of Deeds, and defining the duties of such office, approved October thirtieth, one thousand eight hundred and sixty-one, is hereby repealed. |
Act repealed |
________
|
Chap. XXIX.An Act establishing the Terms of Court, and the manner of transacting business therein, by the Judges of the First Judicial District.
[Approved February 6, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be in each year four terms of the District Court for the First Judicial District, commencing on the first Mondays of January, March, June, and October, each term to continue so long as the business thereof may require; provided, that no one term shall extend into any other term. Sec. 2. Court may be held by each of the three Judges of said district at the same time, and the said Judges shall have and possess co-extensive and concurrent jurisdiction. Any one of said Judges, to be determined by lot at the commencement of each term of said court, may preside at the empanneling of grand Juries, and at the presentment of and trial on indictments, and shall transact all the business relating to the same at such term to which he shall have been so allotted, unless from some cause such Judge shall be disqualified to act, in which case either of the other Judges may preside. Sec. 3. At the commencement of each and every term of said court, the Judges of said district shall meet together, and the civil cases upon the calendar shall be parceled out among the three Judges, and as nearly as may be in equal number, and alternately as they appear upon the calendar; provided, that a new parceling out of the cases among the said Judges may be had at any subsequent time or times as the business of the court may require. Sec. 4. The present term of said court may continue so long as the business thereof may require; provided, that the same shall terminate on or before the first day of March, in the year of our Lord one thousand eight hundred and sixty-five (1865); and the business of said court shall be transacted under the provisions of this Act so far as the same are applicable. Sec. 5. Business at chambers shall be transacted by each of said Judges, in equal proportions as nearly as may be, but no one Judge shall make any order in, or in any manner interfere in, any cause which has been assigned to any other Judge, during the continuance of such assignment, or after any one Judge has taken any action therein, or where such cause has not yet been parceled out among the Judges as herein before provided. |
Terms.
Court may be held by each of the Judges at the same time. Grand Juries
Judges to parcel out civil cases.
Proviso.
Present term
Business at Chambers. |
κ1864 Statutes of Nevada, Page 132 (CHAPTER 29)κ
|
Business in other respects. |
Judge has taken any action therein, or where such cause has not yet been parceled out among the Judges as herein before provided. Sec. 6. In all other respects business in said court shall be transacted as in other district courts in this State, as nearly as may be. Sec. 7. This Act shall take effect, and be in force, from and after its passage. |
________
|
Board of Commissioners granted power to disincorporate.
Notice to be given.
Dissolution not to effect any rights accruing.
Trustees may be appointed.
Trustees to take oath.
Give bond.
Trustees to prosecute and defend suits. |
Chap. XXX.An Act to provide for the Disincorporating of Cities and Towns incorporated under the Laws of the Territory of Nevada.
[Approved February 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners of each county shall have power to disincorporate any city or town which may have been incorporated under the laws of this State or the Territory of Nevada, upon the petition of two thirds of the legal voters of such city or town; but no corporation shall be dissolved by virtue of this Act unless it shall appear to the satisfaction of the Board that notice has been given of the intended application for such dissolution of the corporation by advertisement in a newspaper, printed in the city or town praying to be disincorporated, or posted in writing in three of the most public places in said city or town, for at least thirty days prior to such application, nor until all the liabilities of such city or town have either been paid or secured to the satisfaction of the Board of County Commissioners. Sec. 2. No dissolution of any corporation under this Act shall invalidate or affect any right, penalty, or forfeiture, accruing to such corporation, or invalidate or affect any contract entered into or imposed upon such corporation. Sec. 3. Whenever the Board of Commissioners shall dissolve any corporation, they may appoint three competent persons to act as Trustees for the corporation so dissolved. Sec. 4. The Trustees, before entering upon the discharge of their duties, shall take and subscribe an oath before some Judge or Justice of the Peace that they will faithfully discharge the duties of their office, and shall moreover give bond, with sufficient sureties, to be approved by the Board of Commissioners, to the use of such disincorporated city or town, conditioned for the faithful discharge of the duties of their office. Sec. 5. The Trustees shall prosecute to final judgment and defend all suits instituted by or against the corporation, collect all money due the same, liquidate all lawful demands against the same, and for that purpose shall sell and convey any property belonging to such corporation, or so much thereof as may be necessary, and generally to do all acts required to bring to a speedy close all of the affairs of the corporation, and they shall make a report of their proceedings to the Board of County Commissioners at each session of the Board. |
κ1864 Statutes of Nevada, Page 133 (CHAPTER 30)κ
|
be necessary, and generally to do all acts required to bring to a speedy close all of the affairs of the corporation, and they shall make a report of their proceedings to the Board of County Commissioners at each session of the Board. Sec. 6. The Trustees shall pay over to the Board of Commissioners, and the Commissioners shall pay the same to the Treasurer, from time to time, such money as may come into their hands; and when they shall have closed the affairs of the corporation, shall make a final settlement thereof to the Board, and deliver up all books, records, papers, deeds, and all other effects belonging to the dissolved corporation. Such Trustees shall receive for their services such compensation as the Board shall deem reasonable. Sec. 7. If any city or town, disincorporated as aforesaid, have annual revenue accruing thereto, the same shall be paid to the Board of Commissioners by persons owing the same, and all moneys thus paid, as well as all moneys paid to the Trustees, shall be held and disposed of by the Board for the benefit of such city or town, and may be applied by the Board to any specific object, upon the petition of a majority of the taxable inhabitants of said city or town; providing, always, that all of the just and lawful debts, dues, and demands, against said corporation, shall have been first paid. Sec. 8. All moneys arising from the collection of taxes, fines, penalties and forfeitures, shall be appropriated by the Board of County Commissioners toward the carrying out of those objects which, by this Act, are placed under their control and jurisdiction, and none others. Sec. 9. All Acts and parts of Acts concerning corporations that are inconsistent with this Act are hereby repealed. |
Make report to Board.
Trustees to pay over and make settlement.
Annual revenue to be paid to Board.
Proviso.
Moneys arising from taxes, etc., how to be appropriated
Repeal. |
________
|
Chap. XXXI.An Act to authorize the Survey, and to establish the Western Boundary Line of the State of Nevada.
[Approved February 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the eastern boundary of the State of California, as surveyed and established under the provisions of an Act of the Legislature of that State, entitled An Act to provide for surveying and establishing the eastern boundary of the State of California, approved April twenty-seventh, one thousand eight hundred and sixty-three, be, and the same is hereby, confirmed and established as the western boundary of the State of Nevada. Sec. 2. That a suitable person be appointed as Commissioner to carry out the provisions of this Act, and that he be, and is hereby, authorized and empowered to continue the said boundary line from the point where the same was suspended on the part of the State of California, to the distance of thirty miles from the place of beginning, as aforesaid. |
Survey of eastern boundary of California, established as western boundary of Nevada.
Commissioners to be appointed to continue boundary line. |
κ1864 Statutes of Nevada, Page 134 (CHAPTER 31)κ
|
Commissioners authorized to employ engineer. Provisos.
Appropriation.
Duty of Commissioners.
Make report and maps.
Line to be legal when approved by California.
Controller to draw warrant. Provided Commissioner execute bond.
Governor to appoint commissioner by consent of Senate. Copy of Act to be forwarded to Governor of California. Different line may be established. |
Sec. 3. The Commissioner is hereby authorized to contract with, and employ, a skillful and competent engineer to survey and establish the western boundary of the State, as herein provided; provided, the expenses of surveying the same shall not exceed the sum of seventy dollars per mile, and that no additional charge shall be allowed for stores, equipments, plats or reports of such survey; provided, the sum of three hundred dollars be allowed such Commissioner as compensation for his services. Sec. 4. The sum of twenty-four hundred dollars is hereby appropriated for that purpose; and that the Governor is authorized to draw from the State Treasurer, out of any moneys not otherwise appropriated, such sums for that purpose as may be required, not exceeding the sum of twenty-four hundred dollars. Sec. 5. It shall be the duty of the Commissioner to be present in the field, and to see that the work be properly done, and that such suitable marks and monuments be placed upon the line as shall clearly define the place and direction of the same; and upon the completion of the work, or of any part thereof, he shall make out a report and maps of the same, one copy of which shall be deposited with the Secretary of the State, and one copy to be transmitted to the Secretary of the State of California, and upon the approval of the same by the State of California, so much of the line as shall have been surveyed under the provisions of this Act, shall also become the legal boundary between this State and the State of California. Sec. 6. The Controller is hereby directed to draw his warrant on the Treasurer in favor of the Commissioner; provided, that before entering upon the duties of his office the Commissioner shall have executed, and deposited with the Secretary of the State his bond, with good and sufficient sureties, to be approved by that officer, in the amount of the appropriation herein made. Sec. 7. It is hereby made the duty of the Governor of the State, immediately upon the approval of this Act, to appoint, by and with the advice and consent of the Senate, a suitable person as Commissioner, and to forward a copy of this Act to the Governor of the State of California, with the request that the Surveyor General, as Commissioner on the part of that State, approve the survey herein required to be made. Sec. 8. Nothing in this Act shall be construed to prevent another and a different line from being established as the boundary between the two States. Sec. 9. This Act shall take effect from and after its passage. |
________
κ1864 Statutes of Nevada, Page 135κ
|
Chap. XXXII.An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer.
[Approved February 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Board of Examiners, consisting of the Governor, Secretary of State and Attorney General, as often as it may be deemed proper, to examine the books of the Controller and Treasurer, the accounts and vouchers in their office, and to count the money in the treasury, and for the purpose of discharging the duties imposed on it by this Act, the said Board is authorized to demand, and the Controller and Treasurer are hereby required, to furnish the said Board, without delay, such information as it may demand, touching the books, papers, vouchers, or matters pertaining to or cognizable in their offices respectively; provided, that the counting of the moneys in the treasury shall take place at least once a month, without the said Board giving the Treasurer any previous notice of the hour or day of the said counting. Sec. 2. Said Board shall, at least once in each month, file an affidavit in the office of the Secretary of State, showing the actual amount of money in the treasury at their last counting prior thereto, and shall cause a copy of said affidavit to be published in one daily newspaper published at the Capital; provided, that if no daily newspaper be published at the Capital, then such affidavit to be published in such other daily newspaper as shall be designated by the Board. Sec. 3. It shall be the duty of the Controller and Treasurer to permit the said Board of Examiners to examine the books and papers of their respective offices, and of the Treasurer to permit the moneys in the treasury to be counted whenever the said Board may wish to make said examination or counting, without delaying said examination or counting on any pretense whatever. Sec. 4. It shall be the duty of said Board of Examiners to examine and either approve or disapprove all claims against the State which may be presented to them. Sec. 5. Any person or persons who may have, or claim, any demand whatever against the State, may present the same to the Board of Examiners in the form of an account or petition, (according to the nature thereof,) and may, at such time and in such manner as said Board shall prescribe by their rules, present his evidence to sustain said demand, and it shall be the duty of said Board to indorse said demand, as required in section six of this Act. Sec. 6. If said Board approve the demand mentioned in section five, and an appropriation to meet the same shall have been made by law, then they shall indorse thereon, over their signatures, Approved for the sum of ___ dollars, and transmit the same to the office of the Controller of State, or if no appropriation shall have been made by law for the payment of said demand, |
Duty of Board of Examiners in relation to treasury.
Proviso.
Board to file affidavit and publish.
Controller and Treasurer required to permit examination
Board required to examine claims.
Indorse demands.
Approval. |
κ1864 Statutes of Nevada, Page 136 (CHAPTER 32)κ
|
Appeal.
Chairman to issue process.
Rules.
Penalty for perjury.
Semi-monthly sessions.
Quorum. |
demand, then said Board shall transmit the same to the Legislature of this State, stating their approval of the same, and the reason therefor; but if said Board, or a majority thereof, disapprove said demand, they shall cause the same to be filed among the archives of said Board, with a statement showing such disapproval and the reason therefor. Sec. 7. Any person or persons interested, who may feel aggrieved by the disapproval of a demand by said Board, may appeal from its decision to the Legislature of the State. Such appeal shall be taken by filing with said Board a notice thereof, and upon the receipt of such notice such Board shall transmit said demand immediately, and all the papers accompanying the same, with a statement of the evidence taken before it, to the Legislature. Sec. 8. The Governor of this State (and the Secretary of State in his absence) shall act as chairman of the Board of Examiners, and as said chairman have power to issue subpoenas, and compel the attendance of witness before said Board, in the same manner that any court in this State can compel the attendance of witness before it; and whenever, in the opinion of said Board, the testimony of any witness against a demand pending before them is material, it shall be the duty of said chairman to cause the attendance of said witness before said Board to testify concerning said demand, and said Board are hereby authorized to make such witness a reasonable allowance for such attendance, not exceeding the fees of witnesses in civil cases, which shall be paid from the contingent fund allowed said Board, but in no instance shall an allowance be made in favor of a witness who testifies in behalf of a claimant. Sec. 9. The said Board shall have authority to establish rules and regulations for its government, not inconsistent with the provisions of this Act, and each member thereof is hereby authorized to administer an oath or affirmation to any person or persons concerning any matter before said Board, or intended to be brought before it, and each member of said Board is hereby authorized to take the deposition or depositions of any witness or witnesses, to be used before said Board in any matter pending before it. Sec. 10. If any person shall knowingly and willfully swear falsely before said Board, or any member thereof, in a matter pending before said Board, at the time of taking said oath, or in a matter to be submitted to said Board, such person shall be deemed guilty of perjury, and on conviction thereof shall be subjected to the same pains, penalties, and disabilities, which are now, or shall be hereafter, prescribed by law for willful and corrupt perjury. Sec. 11. The Board shall hold sessions for the transaction of business at least twice in each month, and shall cause a record of their proceedings to be kept, and any member thereof may cause his dissent to the action of the majority upon a matter brought before it to be entered upon said record. Sec. 12. A majority of said Board shall constitute a quorum, and may as such discharge any of the duties specified in this Act. |
________
κ1864 Statutes of Nevada, Page 137κ
|
Chap. XXXIII.An Act concerning Juries.
[Approved February 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The District Judge of the district, and County Assessor of the county, in which a term of the District Court is or may be authorized by law to be held, shall, at least ten days prior to the commencement of said term of Court, and at the Court house, publicly and alternately, select the names of two hundred persons, lawfully qualified to serve as jurors, from the assessment roll of such county, provided that number of names are contained on such roll; and the names of the persons selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose, and from the names so deposited, after the same shall have been thoroughly shaken up, the Judge and County Assessor aforesaid shall alternately draw the names of twenty-four persons, who shall constitute trial jurors for the next ensuing term of such District Court; provided, that in the first judicial district the Judge who shall act with the County Assessor in selecting and drawing such names shall be determined by lot; and provided further, that in said district the names of thirty-six persons shall be drawn to act as trial jurors. Sec. 2. The list of names so drawn, certified to by the Judge and County Assessor as drawn by them, shall thereupon be delivered to the clerk of the District Court, who, upon the receipt of the same, shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so named as trial jurors for each term of Court; and the Sheriff shall summon such persons at least three days prior to the day fixed by law for the convening of such term of Court. Sec. 3. The venire, as provided in section two of this Act, shall be returned to the clerk of such District Court by the Sheriff aforesaid at least two days prior to the day fixed by law for the commencement of such term of Court; and such venire, after its return, shall be subject to the inspection of any officer or attorney of the Court. Sec. 4 The box containing the residue of the names of the jury list as aforesaid shall, after such drawing, be locked up, and, with the key, deposited with the clerk of the District Court for such county, and by him safely kept unopened for future use, as further provided in this Act. Sec. 5. When at any time, during a term of the District Court, it shall become necessary to summon other jurors than as hereinbefore provided for, the clerk shall, in open Court, under the direction of the Judge thereof, draw from such box, after the same shall have been thoroughly shaken up, a sufficient number of names to constitute additional trial jurors during such term of Court; provided, that in case any such juror so drawn reside at a great distance from the Court, the Court may, in its discretion, dispense with summoning such juror, |
How juries selected.
Proviso.
Trial jurors, how summoned.
When venire returned.
Box to be locked up.
How additional trial jurors selected.
Proviso. |
κ1864 Statutes of Nevada, Page 138 (CHAPTER 33)κ
|
Clerk to issue venire.
When trial jurors may select from body of county.
Other names may selected and drawn. Proviso.
When special jury may be demanded.
How special jury shall be selected.
Proviso.
Proviso. |
juror, and order another name to be drawn in his stead, and the clerk shall issue a venire, directed to the Sheriff, commanding him to forthwith summon such persons as trial jurors, and the Sheriff shall forthwith proceed to summon the same as such trial juror, and with all possible diligence make return of his proceedings thereon. Sec. 6. When at any term of the District Court, for want of an assessment roll, or sufficient time in which to select and draw the list of jurors, as heretofore provided in this Act, or from any cause which may appear satisfactory to such District Judge such list has not been selected or drawn, or the Sheriff has not summoned such jurors, or the names selected as jurors placed in such box have been exhausted, it shall be lawful for such District Judge and County Assessor to select alternately from the body of the county the names of a sufficient number of persons lawfully qualified to serve as trial jurors, such number not exceed the number mentioned in section one of this Act, and deposit such names in a box, and any time during the term of the Court, when a jury shall be required, names of persons shall, after such box shall have been thoroughly shaken up, be drawn therefrom by the clerk in open Court, as provided in section five of this Act; and from time to time other names may be selected and placed in such box and drawn therefrom, as hereinbefore provided, and summoned as trial jurors; provided, that in the selection of such names the name of no person among the bystanders at such Court shall be selected. Sec. 7. In any civil action triable by jury, where it shall be shown to the Court, by affidavit, or otherwise, that the amount of twenty-five thousand dollars, or over, is involved in the decision of the action, or that the subject matter in controversy is of the value of twenty-five thousand dollars, or over, either party shall, either at the time the cause is set, or called for trial, have the right to demand that a special trial jury be summoned to try such cause; in procuring such special jury, the District Judge shall select from the assessment roll of the county (if there be one), and, if not, then from the substantial citizens of the county, the names of twenty-four persons, legally qualified to act as trial jurors, or such further number as may be agreed upon by the parties to act as such special jury; provided, that in the First Judicial District such special jury shall be selected by the three District Judges, each one of said Judges selecting the name of one juror alternately until the whole number of twenty-four names, or such greater number as may be agreed upon, shall be so selected; and provided, further, that in case any one or more of said Judges shall, for any cause, be disqualified or unable to act, then such names shall be selected by the remaining Judges, or Judge, in the manner provided in this section. If at any time during the empanneling of such special jury, the names selected, as provided in this section, shall be exhausted, the District Judge, or Judges, shall, from time to time, select such further number of names as may be deemed expedient, or as may be agreed upon by the parties to complete the panel of such special jury. Sec. 8. A list of the names of the persons selected as provided in the preceding section shall be certified by the Judge or Judges to the clerk of the court in which the action is pending, |
κ1864 Statutes of Nevada, Page 139 (CHAPTER 33)κ
|
Judges to the clerk of the court in which the action is pending, who shall issue a special venire, directed to the Sheriff of the county, and made returnable at such time as the Court may prescribe, commanding him to summon such persons to appear in court at the time, so prescribed, to act as special jurors to try said cause; and if for any cause any person maned in said venire shall not be summoned, the Sheriff shall annex to his return an affidavit substantially as follows: I (insert name of Sheriff), Sheriff of _______ county, in the State of Nevada, do solemnly swear (or affirm) that I have faithfully and diligently searched within my county for the within named (insert the names of the persons mentioned in the venire and not served), and that said persons have departed from and cannot be found within my county, and that it is for that reason alone that I have not summoned said person (or persons) as herein commanded; and, further, that I have not connived at nor procured the absence or departure of such person or persons from my county-so help me God. Signed, _______, Sheriff. Sec. 9. If any Sheriff or Deputy Sheriff shall willfully make any false affidavit in the cases mentioned in the preceding section, he shall be deemed guilty of the crime of perjury, and shall be indicted, tried, and punished accordingly. Sec. 10. In any civil action where a special jury has been demanded, as provided in section seven of this Act, a failure to comply with any of the provisions of sections seven and eight (except the same be done by consent of parties), shall be deemed error in law, entitling the party against whom judgment may be rendered to a new trial. Sec. 11. All expenses for summoning and empanneling such special jury, and for jury fees, shall constitute a portion of the costs of this action, and be borne by the parties to the action; and after such special jury shall be empanneled, and until they shall be discharged, each party to such action shall, on the morning of each day, deposit with the clerk of the court, for the benefit of the jury, one half of the jury fees for such day. Sec. 12. After the empannelment of the jury shall be completed in any case, it shall be the duty of the Judge to order the jury into the custody of the Sheriff, or other officer selected by the Court, nor shall the jurors be allowed to separate or depart from the custody of the Sheriff or said officer, nor be allowed to communicate with any person until they shall have been duly discharged, unless by consent of the parties to the action. The Sheriff, or other officer, shall, at the time such jury may be ordered into his custody, be sworn by the Judge as follows: I, [here insert the name of the Sheriff,] Sheriff of ________ County, in the State of Nevada, [or such other officer as the case may be,] do solemnly swear [or affirm] that I will keep the jury which has just been ordered into my custody together, in the room provided for them, until they agree upon their verdict, or are discharged according to law; that I will, to the utmost of my ability, keep said jury together, separate from all other persons whatever; that I will not myself, either by word, sign, letter, note, or any device or means whatsoever, make any communication whatever to them, unless by order of the Court, except to ask them if they have agreed upon their verdict; nor will I permit any such communication to be made to them by any person whatsoever; nor will I, before the rendition of the verdict, communicate to any person the state of their deliberations, or the verdict agreed upon. |
How special jurors summoned.
Sheriff to make affidavit to returns.
Penalty for false affidavit
Error in law, when.
Expenses and fees to be a portion of the costs.
Jury to be ordered into the custody of Sheriff.
Sheriff or officer to be sworn. |
κ1864 Statutes of Nevada, Page 140 (CHAPTER 33)κ
|
Penalty for violation of preceding section.
Violation of section 12, deemed error.
How Grand Jurors shall be selected.
How new jury or additional jurors shall be selected.
When Court may release jurors.
Qualification of jurors.
Who exempt from serving
Penalty for failure to serve. |
verdict; nor will I permit any such communication to be made to them by any person whatsoever; nor will I, before the rendition of the verdict, communicate to any person the state of their deliberations, or the verdict agreed upon. So help me God. Sec. 13. Any Sheriff, or other officer, or any other person, who shall knowingly and willfully violate any provision contained in the preceding section, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the State Prison for any time not less than five nor more than ten years. Sec. 14. A violation of, or departure from, any of the provisions of section twelve of this Act, shall be deemed error, and shall entitle the party against whom judgment may be rendered to a new trial. Sec. 15. It shall be the duty of the District Judge, and any one of the County Commissioners of the county, at least ten days prior to the assembling of a court authorized by law, to inquire into public offenses by the intervention of a Grand Jury, to select the names of twenty-four persons qualified by law, to serve as juries, and upon a venire being issued by the clerk of such court, the Sheriff shall, at least two days prior to the meeting of the court, summons said persons to appear on such day, between the first and fifth day of the succeding term, as the Judge shall direct, and from such panel the court shall select seventeen persons, who shall constitute such Grand Jury. Sec. 16. When, from any cause, on the meeting of, or during the term of a court authorized by law, to inquire into public offenses by the intervention of a Grand Jury, and a Grand Jury is wanted, and there is not a sufficient number of jurors present to constitute a Grand Jury, or none has been summoned, or those summoned have been discharged, a sufficient number to complete such Grand Jury, or constitute a new Grand Jury, as the case may be, shall be selected and summoned in the same manner as is provided in section six of this Act, for the selection of trial jurors. Sec. 17. At any time during the session of a term of the District Court, the court may, in its discretion, temporarily release from attendance any or all of the grand or trial jurors, summoned to attend at such session of the court; and during the time such jurors may be so released from attendance they shall not be entitled to any compensation for jury service. Sec. 18. Any person who is a qualified voter and tax payer, and who shall not have been convicted of treason, felony, or other infamous crime, shall be qualified to serve as a grand or trial juror. Sec. 19. The following persons shall be exempted from serving as grand or trial jurors, viz: All priests and ministers of the gospel, attorneys, law reporters, practicing physicians, and editors, all State, county and township officers. Sec. 20. Any person summoned as provided in this Act, to serve as a juror, who shall fail to attend and serve as such juror, unless excused by the court, shall be fined in any sum not exceeding five hundred dollars, in the discretion of the court, and be imprisoned in the county jail until such fine be paid. |
κ1864 Statutes of Nevada, Page 141 (CHAPTER 33)κ
|
Sec. 21. An Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act concerning jurors, approved November twenty-ninth, one thousand eight hundred and sixty-one, and all other Acts or parts of Acts, so far as the same are inconsistent with, or repugnant to, the provisions of this Act, are hereby repealed. |
Acts repealed. |
________
|
Chap. XXXIV.An Act to authorize the Washoe Turnpike Company to maintain their Toll Road and Branches.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. O. A. Sanborn, and others, who are or may become owners in the Washoe Turnpike Company, are hereby authorized to maintain for twenty years after the passage of this Act, the toll road which they have constructed from Virginia City, in Storey County, to Washoe City, in Washoe County; also, the branch of said road running to Gold Hill in Storey County; also, the branch running from said road companys toll house to Washoe City, through and by the way of Cheevers Canon, in Washoe County; and, further, shall, within one year. construct a new branch from a point about four miles from Washoe City to a point near Steamboat Springs, in Washoe County; and to collect tolls on said road, or branches of said road, as herein mentioned. Sec. 2. The owners of said road shall at all times use due and careful diligence in keeping their grades in good order for the passage of teams. Sec. 3. The before mentioned parties, their associates and assigns, shall have the right to collect, in gold and silver coin, tolls upon the road at the rates following, to wit: One vehicle and one animal.................................................................. $.... 75 One vehicle and two animals.................................................................. . 1 00 For each additional animals.................................................................... .... 25 For each horseman.................................................................................... .... 25 For each pack animal............................................................................... ..... 12 1/2 Loose stock, each...................................................................................... ..... 12 1/2 Sheep or hogs............................................................................................ .... 02 Provided, that no toll shall be charged for over five yoke of oxen in any one team of such; provided, that on the expiration of the term of ten years the State Legislature shall have the right, by special enactment, to regulate the rates of toll herein mentioned. Sec. 4. The before mentioned parties may maintain a toll gate, or toll gates, at any point or points upon the said road or its branches, and collect tolls thereat; provided, that the aggregate toll for passing over the said road by either of its branches shall not exceed the rate of tolls designated in section third. Sec. 5. Any person or persons who, upon demand being made for toll, as provided in this Act, at any toll gate on said road, by the said parties, |
Franchise.
Owners to keep road in repair.
Penalty for refusal to pay toll. |
κ1864 Statutes of Nevada, Page 142 (CHAPTER 34)κ
|
Penalty for obstructing or injuring.
Penalty for hindering or delaying traveler.
Proprietors shall conduct water.
Shall erect tanks.
Shall have the right to construct a well.
Commissioners may purchase road.
Washoe Turnpike Company to surrender charter. |
said parties, their agent or agents, refuse to pay the same as herein authorized, or who shall pass or attempt to pass said toll gates without paying toll as provided, shall, upon complaint and conviction before a court of competent jurisdiction, be fined in a sum of not less than ten dollars nor more than one hundred dollars for each offense, with costs, and stand committed until such fine and costs are paid. Sec. 6. Any person or persons who shall in any way maliciously obstruct or injure any toll gate, bridge, culvert, grade, embankment, wall, or ditch, constructed by or belonging to the proprietors of the said road, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be punished according to general laws made and provided in such cases, for each offense, and shall be liable to the proprietors of said road in an action for damages, to be recovered in a suit for debt, before any court of competent jurisdiction. Sec. 7. Should the proprietors of the road, or any of their employes, or agents, unreasonably hinder, or delay, or demand of any traveler, or passenger, any toll except the amount authorized to be collected under the third section of this Act, they, or he, shall be liable to the party, or parties, so hindered, or delayed, or from whom such excessive toll shall have been collected, in an action for damages before any court of competent jurisdiction. Sec. 8. The proprietors shall conduct water in pipes, or boxes, from their spring, about one mile west of their toll house, to any convenient point on their road, which shall be furnished to the traveling community free of charge, and in sufficient quantities to accommodate the whole traveling community. They also shall erect tanks in a gulch, known as the Missouri Bend, and gather, by means of pipe, or boxes, all of the water possible in said gulch for the use of the public, free of charge. They also shall have the right to construct a well in the valley east of and near to the Four Mile House, and to conduct water from the said well to any convenient point on their road. Sec. 9. After the passage of this Act it shall be lawful for the Boards of Commissioners of the respective counties in which the said road is located to purchase the same for the use and benefit of their respective counties, and in the following manner, to wit: The said Boards of County Commissioners shall appoint two persons as appraisers, the proprietors of the road shall appoint two, and the four persons so appointed shall choose one person, making a Board of Appraisers of five persons, whose duty it shall be to appraise said road at its cash value, and report the same to the respective Boards of Commissioners, who may afterward, by concurrent resolutions, purchase the said road at the value appraised; provided, that nothing in this section shall be so construed as to give the right to either of the said Boards of County Commissioners to purchase only that portion of the said road located in their respective counties. Sec. 10. The Washoe Turnpike Company shall surrender to the Board of Commissioners of Washoe and Storey counties the rights held by them under the original franchise. |
κ1864 Statutes of Nevada, Page 143 (CHAPTER 34)κ
|
Sec. 11. All moneys collected from fines under the provisions of this Act, and two per cent. on the gross receipts from toll received on said road, shall be paid into the State Treasury for school purposes. The said grantee, his associates, their assigns or agents, shall make a quarterly statement, on oath, of the gross receipts of the tolls of said road to the State Controller, and shall pay two per cent. into the State Treasury for school purposes, which shall be subject to the order of the State Superintendent of Public Instruction. Sec. 12. The owners of the before mentioned toll road shall, on the first of January in each year, make a report, under oath, to the County Commissioners of Storey and Washoe counties, stating the net earnings of the said road after all necessary expenses have been paid, and if the net earnings exceed the sum of three (3) per cent. per month on the cost of said road and its branches, then the excess of such earnings shall be paid to the counties of Storey and Washoe in equal proportions. Sec. 13. This act shall take effect from and after its passage. __
This is to certify that Assembly Bill No. 75, entitled An Act to authorize the Washoe Turnpike Company to maintain their toll road and branches, passed the Assembly this day, notwithstanding the objections of the Governor. The question being, Shall the bill pass, notwithstanding the objections of the Governor? resulted as follows: Ayes, twenty-nine; nays, two. C. W. TOZER, Speaker of the Assembly. U. E. Allen, Clerk of the Assembly. ___
This is to certify that Assembly Bill No. 75, an Act to authorize the Washoe Turnpike Company to maintain their toll road and branches, this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: Ayes, thirteen (13); nays, four (4). J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate. |
Fines to be paid into the State Treasury.
Statement to be on oath.
Owners to report under oath to County Commissioners. |
________
κ1864 Statutes of Nevada, Page 144κ
|
Fees accruing in office of Controller to be paid into treasury. |
Chap. XXXV.An Act supplementary to an Act of the Legislature of the State of Nevada passed at the first session, entitled An Act to tax and regulate Foreign Insurance Companies doing business in this State.
[Approved February 9, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum required to be paid to the Controller for the issuance of the certificate mentioned in section nine of an Act of the Legislature of the State of Nevada passed at its first session, entitled An Act to tax and regulate Foreign Insurance Companies doing business in this State, shall be paid by said Controller into the State Treasury for the use of the State school fund; and all other fees accruing in the office of State Controller shall be paid into the State Treasury to be appropriated to the general fund. |
________
|
Franchise.
Route of road.
Proviso. Proviso.
Tolls.
Owners may incorporate. |
Chap. XXXVI.An Act to protect the rights of Frederick Birdsall and his associates in a Road constructed from Dayton to Virginia City.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Fredrick Birdsall, and his associates and assigns, shall, for the space of ten years from and after the passage of this Act, take, have, possess and enjoy all of the rights, privileges, right of way, franchises and immunities hereinafter mentioned, for the use and benefit, as well as control and government of a road from Dayton to Virginia City and to the New York House, and claimed and located by D. W. Miller and Frederick Birdsall, and his associates, assigns of said Miller, and recorded in the county records of Lyon and Storey counties, Territory of Nevada, and constructed, and being constructed, by said Birdsall and his associates, together with the right of way, privileges and immunities so claimed by said Miller and his assigns; provided, said claim does not exceed fifty feet on each side of said road; provided, also, that said road shall in no way interfere with the free use of any public road in use prior to the passage of this Act. Said road shall be known as the Dayton, Virginia and Carson Toll Road. Sec. 2. It shall be lawful for the owners of said road to charge and collect such rates of toll as the County Commissioners of Storey and Lyon counties may fix; provided, that no toll shall be collected on any branch of said road west of Gold Canon. Sec. 3. The owners of said road may incorporate the same under the general incorporation laws of this State. |
κ1864 Statutes of Nevada, Page 145 (CHAPTER 36)κ
|
Sec. 4. If any person shall willfully and maliciously obstruct or injure the said road, or anything belonging thereto, or any of the property connected therewith and appertaining to said road, such person shall be deemed guilty of a misdemeanor, and shall be punished accordingly; and every such offense shall be liable to the owners of said road for double the amount of damage they shall suffer thereby, the same to be recovered by them by civil action in any Court having jurisdiction thereof. Sec. 5. Two per cent. of all moneys collected as toll on this road, or any of its branches, shall be paid into the State School fund, quarterly, under oath. __
This is to certify, that Senate Bill No. 47, an Act to protect the rights of Frederick Birdsall, and his associates, in a road constructed from Dayton to Virginia City, passed the Senate, notwithstanding the objections of the Governor, by the following vote: Ayes, thirteen (13); nays, four (4.) J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate. __
This is to certify, that Senate Bill No. 47, an Act to protect the rights of Frederick Birdsall, and his associates, in a road constructed from Dayton to Virginia City, passed the Assembly, notwithstanding the objections of the Governor, by the following vote: Ayes, twenty-six; nays, two. C. W. TOZER, Speaker of the Assembly. U. E. Allen, Clerk of the Assembly. |
Penalty for obstructing or injury to.
Shall pay into school fund. |
________
|
Chap. XXXVII.An Act authorizing Jerry Schooling, his associates and assigns, to construct and maintain a Toll Road.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Jerry Schooling, his associates and assigns, are hereby authorized to construct and maintain a toll road, commencing at a point near the west end of the town of Galena, in the county of Washoe, State of Nevada, thence running in an easterly direction to a point at or near the junction of the Napa quartz mills, thence in a southeasterly direction to a point at or near the junction of the Pleasant Valley road and Ophir Grade, said road crossing Browns Creek at or near the Manhattan mills. |
Franchise.
Route of road. |
κ1864 Statutes of Nevada, Page 146 (CHAPTER 37)κ
|
Right of way granted.
When Commissioners to be appointed
When District Judge to appoint Commissioners.
Tolls.
When to commence construction
Commissioners shall have power to purchase. |
said road crossing Browns Creek at or near the Manhattan mills. Sec. 2. The above parties are hereby granted the right of way for the term of ten years, over the public domain, two rods wide on each side of the road, exclusive of the road bed, which shall not be less than one rod wide; provided, that the said parties shall not be permitted to enter upon any land owned or in the possession of any person or persons, without the consent of such person or persons. If any party or parties should refuse the right of way through any land on the proposed route, and cannot agree upon the amount of damage that would accrue to the party or parties through whose premises the road might run, it shall be ascertained by three commissioners, one of whom shall be chosen by the person owning the land, and one by the parties herein named, and one by the two commissioners so elected. Sec. 3. Should any person, or persons, through whose premises the road would pass, refuse or neglect to appoint such Commissioner, as provided for in the preceding section of this Act, the parties hereinto may make application to the District Judge of the district wherein the property lies, and the Judge shall appoint one Commissioner, who shall act as though he had been appointed by such party, or parties After the assessment of such damages by the Commissioners, as provided for, the parties herein named shall not be permitted to enter upon such premises until they have canceled the amount of damages as assessed by the Commissioners. Sec. 4. On the completion of the road the parties herein authorized to construct it may place such toll gates and collect such tolls as may not exceed the following rates: Two horses and wagon, fifty cents; each additional animal, twelve and a half cents; empty teams, half price; one horse and buggy, thirty-seven and one half cents; two horses and buggy, fifty cents; horse and rider, twelve and one half cents; loose stock, five cents; provided, that no tolls shall be collected between the Manhattan Mills and the Ophir Grade. Sec. 5. The parties herein named shall commence the construction of said road within one month after the passage of this Act, and complete the same within two months thereafter. Sec. 6. The Commissioners of Washoe County shall have the power to purchase the said road, or reduce the tolls thereon, at any time after the expiration of three years from the time of the completion of said road. Sec. 7. This Act shall take effect from and after its passage. __
This is to certify that Assembly Bill No. 64, an Act authorizing Jerry Schooling, his associates and assigns, to construct and maintain a toll road, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Ayes, twenty-seven; nays, six. H. G. PARKER, Speaker of the Assembly pro tem. U. E. Allen, Clerk of the Assembly. |
κ1864 Statutes of Nevada, Page 147 (CHAPTER 37)κ
This is to certify that Assembly Bill No. 64, an Act authorizing Jerry Schooling, his associates and assigns, to construct and maintain a toll road, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Ayes, twelve (12); nays, five (5). J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate.
|
|
________
|
Chap. XXXVIII.An Act to amend an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act authorizing John Hawkins, his associates and assigns, to construct and maintain a toll road, approved December nineteenth, in the year of our Lord, one thousand eight hundred and sixty-two.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this is made amendatory, is hereby amended so as to read as follows: Section One. The right is hereby granted to D. H. Haskell and John N. Dudleston (successors to John Hawkins, deceased), their associates and assigns, to construct and maintain a toll road in the county of Esmeralda, over the following described route, to wit: Commencing at a point near Boda Stable, in Esmeralda Gulch, town of Aurora, and running down said gulch to its intersection with Boda Gulch, thence running up Boda Gulch to the State line; also, the right to construct a branch toll road, commencing at the intersection of Esmeralda and Boda gulches, and running down Boda Gulch to the Nine Mile Ranch, or some point west of Nine Mile Ranch, as said grantees may select. Sec. 2. Section three of said Act shall be so amended as to read as follows: Section Three. Said parties shall keep at each toll gate on said road a bulletin board, conspicuously posted, with the rates of toll legibly inscribed thereon, and shall have the right to sue for and collect any tolls that may be due them by any parties neglecting or refusing to pay the same. Said amounts to be sued for and collected the same as any other debt, in accordance with law, in gold or silver coin. __
This is to certify that Assembly Bill No. 47, entitled An Act to amend an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act authorizing John Hawkins, his associates and assigns, to construct and maintain a toll road, approved December nineteenth, one thousand eight hundred and sixty-two, this day passed the Assembly notwithstanding the objections of the Governor, by the following vote: Ayes, 27; noes, 4. |
Franchise.
Bulletin boards.
Right to sue |
κ1864 Statutes of Nevada, Page 148 (CHAPTER 38)κ
|
|
road, approved December nineteenth, one thousand eight hundred and sixty-two, this day passed the Assembly notwithstanding the objections of the Governor, by the following vote: Ayes, 27; noes, 4. H. G. PARKER, Speaker of the Assembly pro tem. U. E. Allen, Clerk of the Assembly. __
This is to certify that Assembly Bill No. 47, entitled An Act to amend an Act of the Legislative Assembly of the Territory of Nevada entitled An Act authorizing John Hawkins, his associates and assigns, to construct and maintain a toll road, approved December nineteenth, one thousand eight hundred and sixty-two, this day passed the Senate notwithstanding the objections of the Governor, by the following vote: Ayes, twelve (12); noes, five (5). J. S. CROSMAN, President of the Senate. Attest: L. B. Moore, Secretary of the Senate. |
________
|
Terms of Supreme Court.
Terms of District Courts. |
Chap. XXXIX.An Act fixing the Terms of the Courts of Justice of the State of Nevada.
[Approved February 13, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Supreme Court of this State shall hold four regular terms annually, at the Capital of the State, and said terms shall commence at the several times, and the business therein conducted as may now or hereafter be prescribed by law. Sec. 2. Except in the First Judicial District, the regular terms of the District Courts of this State shall be as follows, to wit: in the Second Judicial District there shall be four terms annually, commencing on the first Mondays of March, June September and December; in the Third Judicial District there shall be four terms annually, commencing on the fourth Mondays of March, June, September and December; in the Fourth Judicial District, there shall be four regular terms annually, commencing on the first Mondays of February, May, August and November, and to continue six weeks; in the fifth Judicial District, there shall be six regular terms annually, commencing in the county of Churchill on the first Mondays of March, July and November, and in the county of Nye on the first Mondays of January, April and August; in the Sixth Judicial District, |
κ1864 Statutes of Nevada, Page 149 (CHAPTER 39)κ
|
cial District, there shall be four regular terms annually, commencing on the first Mondays of March, June, September, and December; in the Seventh Judicial District, there shall be four regular terms of court annually, commencing on the first Mondays of March, June, September, and December; in the Eighth Judicial District, there shall be four regular terms annually, commencing on the third Mondays of March, June, September, and December; and in the Ninth Judicial District, there shall be four regular terms annually, commencing on the first Mondays of March, June, September, and December. Sec. 3. All Acts and parts of Acts in conflict with this Act, are hereby repealed. |
Repeal. |
________
|
Chap. XL.An Act concerning the office of Secretary of State.
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State, before entering upon any of the duties of his office, shall make and execute his bond to the State of Nevada, in the penal sum of ten thousand dollars, with at least two sufficient sureties, conditioned for the faithful performance of the several duties imposed upon him by the Constitution and laws of this State. Sec. 2. Said bond shall be approved by the Governor, recorded in the office of the Secretary of State, and then deposited with the State Controller. Sec. 3. The Secretary of State shall keep his office at the Capitol of the State, and shall keep the same open in person, or by his deputy, on all days on which business is usually transacted, from the hours of ten oclock in the forenoon until four oclock in the afternoon. Sec. 4. The Secretary of State shall have the custody of, and shall carefully preserve the enrolled copy of, the Constitution of the State of Nevada, the description of the State seal, and other seals of which a description may be required to be deposited in his office; the proceedings and all papers of the two Constitutional Conventions heretofore held for the purpose of framing a Constitution of this State; the manuscripts containing the enrolled Acts and joint resolutions and journals of the Legislature of this State, and the Territory of Nevada; the records, papers, and documents of Carson County, Utah Territory; and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the Secretary of said Territory of Nevada; and all the books, records, parchments, maps, registers, and papers, that may be required to be deposited in his office or kept therein; all deeds and conveyances belonging to the State; all official bonds approved by the Governor, except the bond of said Secretary; and all written contracts to which the State is a party, unless required to be deposited elsewhere. |
Bond.
Condition.
Bond approved.
Office to be kept at Capitol.
Duties of Secretary of State. |
κ1864 Statutes of Nevada, Page 150 (CHAPTER 40)κ
|
Duty in reference to official acts of the Governor, etc.
Copies of records, etc.
Duty in reference to State printing.
Laws and journals, how distributed.
Distribution of laws alone
Laws and journals. |
elsewhere. Said deeds, conveyances, and official bonds, shall be recorded in well bound books, and the original papers (except the bond of the Secretary of State) shall not be permitted to be taken out of the office on any pretense whatever, unless in the possession of the Secretary of State or his deputy. Sec. 5. It shall be the duty of the Secretary of State to keep a fair register, and also attest all the official acts and proceedings of the Governor, and affix the seal of the State, with proper attestations, to all commissions, pardons, and other public instruments to which the signature of the Governor is required; to lay all papers, minutes, and vouchers, relative to the official acts and proceedings of the Governor before either House of the Legislature when required by such House; to permit all the books, bonds, deeds, registers, papers, and transactions of his office, to be open at all times to the inspection and examination of any committee of either branch of the Legislature; to furnish information, in writing, upon any subject relating to the duties of his office to the Governor whenever required; to deliver up, in good order and condition, to his successor, all records, books, papers, and other things, belonging to his office; and to perform all such other duties as may be enjoined upon him by the Constitution and laws of this State. Sec. 6. The Secretary of State shall furnish, on demand, to any person paying the proper legal fees therefor, a duly certified copy of all, or any part, of any law, Act, record, or other instrument of writing on file or deposited in his office, and of which a copy may be properly given. Sec. 7. It shall be the duty of the Secretary of State to superintend the printing, and have corrected a proof sheet of the Acts, joint resolutions and journals, required by law to be printed, by carefully comparing them with the enrolled bills and original journals on file in his office, and to distribute the laws and journals as soon as printed, in the following manner: To each department of the government at Washington, one copy; to the library of Congress, two copies; to each of the States and organized Territories of the Union, two copies; to each of our members of Congress, to each of the Judges of the Supreme, District and County Courts, one copy; every person who was a member of the Legislature of the session when the laws and journals were adopted, shall be entitled to one copy of each; of the laws alone he shall furnish to the county clerk of each county, in the cheapest and most expeditious manner, to be by the Sheriff distributed under the direction of the clerk, one copy for the Board of Commissioners, when such Board exists, and one copy to each county officer and each Justice of the Peace, and of the journals he shall furnish two copies of each House to each County Clerk for the use of the county. He shall also distribute the laws and journals to such literary and scientific institutions, publishers and authors, as in his opinion may secure an interchange of works, which may properly be placed in the State library. All laws and journals distributed to State or other officers of this State, except to members of the Legislature, shall be for the use of the office, and to be by the person receiving them turned over to his successor in office, and the Secretary of State shall take proper receipts for such books, and file the same in his office, and he shall also direct the County Clerks as to the form and disposition of the receipts to be taken by them from distributees. |
κ1864 Statutes of Nevada, Page 151 (CHAPTER 40)κ
|
Secretary of State shall take proper receipts for such books, and file the same in his office, and he shall also direct the County Clerks as to the form and disposition of the receipts to be taken by them from distributees. Sec. 8. For the purpose of facilitating the [printing of the] laws, joint resolutions, and other documents, copies of which may be required to be furnished by the Secretary of State, he is authorized to employ any number of clerks which may be necessary to the expeditious copying of the same (at a rate not to exceed fifteen cents per folio of one hundred words). Sec. 9. The Secretary of State shall be ex officio State Librarian, and shall procure a suitable place for the library of the State, and take charge of the same in a manner best calculated to subserve the interests of the State by keeping said library in good condition. Sec. 10. The Secretary of State shall be ex officio Superintendent of public buildings and property of the State at the capital, and it shall be his duty, during the recess of the Legislature, to take charge of, preserve, and keep in proper repair, the capitol building and furniture, and in due time, previous to the meeting of each session of the Legislature, he shall have the said building and furniture properly prepared and arranged for their reception. Sec. 11. It shall be the duty of the Secretary of State, previous to the assembling of each Legislature, to contract, on the most reasonable terms possible, for a sufficient supply of stationery, fuel, and such other articles as may be necessary for the use of the members, to enable them to transact the public business, and at the commencement of each session he shall present to the Legislature a full account of all purchases made by him, with such vouchers as may be in his possession concerning the same. Sec. 12. Any expense which may be necessarily incurred by the Secretary of State in carrying out the provisions of this Act, when certified by him, and approved by the Board of Examiners, shall be audited by the Controller, and paid by the Treasurer of State out of any moneys in the State Treasury not otherwise specifically appropriated. Sec. 13. The fees chargeable in the office of the Secretary of State shall be as follows: First, For a copy of any law, joint resolution, transcript of record, or other document or paper on file in his office, forty cents per folio of one hundred words. Second, For certificate and seal of State, five dollars. Third, For filing each certificate of incorporation, five dollars. Fourth, For recording each certificate of incorporation, forty cents per folio. Fifth, For filing and recording each official bond, five dollars. Sixth, For each passport or other document (except commissions and pardons), signed by the Governor and attested by the Secretary of State, five dollars. Seventh, For searching records and archives of State, and other records and documents kept in said office, he shall be allowed to charge a reasonable fee, according to circumstances, but no member of the Legislature or State officer shall be charged for any search relative to matters appertaining to the duties of their offices, nor shall they be charged any fee for a certified copy of any law or resolution passed by the Legislature of this State relative to their official duties. |
Receipts.
Extra clerks
Ex officio librarian.
Ex officio superintendent of public buildings.
Duty relative to assembling of Legislature.
Expenses to be audited.
Fees in office.
When Legislators or State officers not to be charged. |
κ1864 Statutes of Nevada, Page 152 (CHAPTER 40)κ
|
Fees to be paid into library fund.
Power to appoint a deputy. |
passed by the Legislature of this State relative to their official duties. Eighth, For each commission, signed by the Governor and attested by the Secretary of State, such fees as are or may be prescribed by law. All fees collected in the office of the Secretary of State shall be paid over into the library fund, and be appropriated to the use and benefit of the State library, except in such cases as are or may be otherwise provided by law. Sec. 14. The Secretary of State shall have power under his hand and seal to appoint a deputy, who may, during the absence of the Secretary of State from the office, perform all the duties of a ministerial nature belonging to the office; and for his own security the Secretary of State may require such deputy to give him a bond, in such sum and with such sureties as he may deem sufficient; provided, that the salary of such deputy shall not exceed two hundred dollars per month. |
________
|
Section 4, repealed. |
Chap. XLI.An Act to repeal section four of an Act entitled An Act empowering the Governor to appoint Commissioners of Deeds, and to define their duties, passed February fourth (4th), eighteen hundred and sixty-five (1865).
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of an Act entitled An Act empowering the Governor to appoint Commissioners of Deeds, and to define their duties, passed February fourth (4th), eighteen hundred and sixty-five (1865), is hereby repealed. |
________
|
Appropriation.
Auditor required to issue warrant. |
Chap. XLII.An Act for the relief of Gorham H. Moore.
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Thirty-five hundred dollars is hereby appropriated, out of any funds in the treasury of the county of Lyon, State of Nevada, not otherwise appropriated, to Gorham H. Moore, for services as Sheriff of Lyon County, rendered in actions wherein the People were plaintiffs, during the years one thousand eight hundred and sixty-two and one thousand eight hundred and sixty-three. Sec. 2. The County Auditor of said Lyon County is hereby authorized and required to issue his warrant upon the county treasury of Lyon County, payable out of any moneys not otherwise appropriated, in favor of Gorham H. |
κ1864 Statutes of Nevada, Page 153 (CHAPTER 42)κ
|
wise appropriated, in favor of Gorham H. Moore, for the sum of thirty-five hundred dollars. Sec. 3. This Act to take effect from and after its passage. |
|
________
|
Chap. XLIII.An Act in relation to the State Library.
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All books, maps and charts, now belonging to, or which may hereafter come into possession of, this State, by purchase or otherwise; all books, maps, charts, pamphlets, and other documents, which by any State officer may be received in their official capacity from the General government, or in exchange from other States or Territories, or received from foreign nations, or donated to the State by any person or corporation, shall be placed in the State Library, and shall be carefully preserved by the Librarian. Sec. 2. The Secretary of State shall be ex officio State Librarian, and shall take charge of the library, and all papers and furniture properly belonging thereto, under such regulations as are herein provided, or which may hereafter be prescribed by law. He shall be responsible for the safe keeping of all the property of the State library, and shall cause all the books, maps, charts, pamphlets, and other documents thereof, to be impressed with the proper stamp or seal, after the same shall have been procured by the Directors hereinafter named. Said Librarian shall at all times keep, in a convenient place in the library, a catalogue of the books belonging thereto for reference. He shall annually, by the first Monday of January, report to the said Board of Directors the condition of the library, and recommend such additions thereto, and improvements therein, as he may think advisable for the interests of the same. Sec. 3. Books may be taken from the State library by the members of the Legislature during its session, and at any time by the Governor and other officers of the Executive Department of this State who are required to keep their offices at the seat of Government, the Justices of the Supreme Court, and Attorney General; provided, that no person shall be permitted to have more than two volumes of miscellaneous works from said library at the same time. Sec. 4. The Librarian shall cause to be kept a register of all the books issued and returned at the time they shall be so issued and returned, and none of the books except the laws, journals and reports of this State, which may be taken from the library by members of the Legislature, during the session, and law books taken by the Judges of the Supreme Court, shall be retained more than two weeks; and all the books taken by the members of the Legislature shall be returned at the close of the session. |
What books and documents shall be preserved in the State Library.
State librarian, and his duties.
Stamp or seal.
Catalogue.
Who may take books from library.
Proviso.
Register of books issued.
How long books may be retained. |
κ1864 Statutes of Nevada, Page 154 (CHAPTER 43)κ
|
Penalty for injury or failure to return books
Penalties, how recoverable.
Officers commissioned to pay $5.
Library fund. Exhibit account.
Attorneys to pay $10.
Proviso.
Directors of library and their duties. |
members of the Legislature shall be returned at the close of the session. Sec. 5. If any person materially injure, or fail to return any books taken from the library, within the time prescribed in the foregoing section, he shall forfeit and pay to the Librarian, for the benefit of the library, three times the value thereof, or of the set to which it belongs. Sec. 6. All fines, penalties and forfeitures accruing under and by virtue of this Act, shall be recoverable by action of debt, before any Justice of the Peace or Court having jurisdiction of the same, in the name of the State of Nevada, for the use of the State library; and in all such trials the entries of the Librarian, to be made as hereinbefore described, shall be evidence of the delivery of the book or books, and of the dates thereof, and it shall be the duty of such Librarian to carry the provisions of this Act into execution, and bring suit for all penalties or injuries mentioned in this Act. Sec. 7. Each and every officer of this State, civil and military, except Commissioners of Deeds and Notaries Public, shall at the time of the issuance of his commission, and before entering on the duties of his office, pay the Secretary of State the sum of five dollars, which, with all fees of whatever character by the laws now in force, or which may hereafter be provided, to be charged and collected in the office of Secretary of State, shall constitute a portion of the library fund, and the Secretary of State shall exhibit an account of, under oath, and pay to the State Treasurer, at the end of each quarter, dating from the first day of January, all moneys collected under this Act, and the same, together with such other revenues as are hereinafter provided, shall be reserved, set apart and appropriated, exclusively as a State library fund. Sec. 8. No person shall be permitted to practice as an attorney or counselor at law, or admitted as such by the Supreme Court, or any District Court of this State, until he shall have paid to the clerk of said court the sum of ten dollars, which amount shall, at the times mentioned, and under like conditions, be paid by the clerk of such Court to the State Treasurer, as a part of said library fund; provided, that the provisions of this section shall not apply to such persons as have heretofore paid such fee into the library fund of Nevada Territory, and all moneys which have been, or may hereafter be, collected and paid into the treasury, arising from the admission of attorneys or counselors at law, and provided as a library fund, shall become a part of the State library fund. Sec. 9. The Governor, State Controller and Attorney General, shall constitute a Board of Directors for the State library. They shall have power to draw from the treasury at any time, all moneys which may be therein belonging to the State library fund, and to expend the same in the purchase of suitable furniture, books, maps and charts, and binding of laws, journals, reports, pamphlets, and other documents, which may be in a condition requiring such binding for the State library aforesaid. In the purchase of books, regard shall be had for the procurement firs, of such works on law and reports of judicial decisions, as they shall think best suited to the wants of the Supreme Court. |
κ1864 Statutes of Nevada, Page 155 (CHAPTER 43)κ
|
ions, as they shall think best suited to the wants of the Supreme Court. Sec. 10. The directors of the State library shall, from time to time, establish all needful rules for the government, safe keeping and judicious use of the furniture, books, maps, charts, and effects thereof; but they shall not permit any person, other than the officers mentioned in this Act, to remove from the library any book, map, chart or other publication thereto belonging. Said Board of Directors shall, on the first Monday of January in each year, furnish to the Governor, to be submitted by him to the Legislature, when organized, a full report of the purchases and expenditures for the preceding year, and the amount of moneys drawn from the treasury, together with a copy of such rules and regulations as they may have adopted for the government of such State library; also the report of the State Librarian, with such recommendations as said Board may deem advisable, in connection with the affairs of said library. Sec. 11. All Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed. |
Rules and regulations of State Library.
Directors to furnish Governor report.
Repeal. |
________
|
Chap. XLIV.An Act to provide for carrying out in part the provisions of section seven, article seventeen of the Constitution of the State of Nevada.
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That for the purpose of providing for the payment of so much of the indebtedness of the Territory of Nevada assumed by this State, as is hereinafter specified, the Treasurer of State shall cause to be prepared suitable bonds, not to exceed the sum of one hundred and ten thousand (110,000) dollars, bearing interest at the rate of ten per cent per annum, from the date of their issue, payable at the State Treasurers office, on the first day of January, in the year of our Lord one thousand eight hundred and seventy (1870), said interest to be paid semi-annually on the first day of January and the first day of July, in each year. Said bonds shall be signed by the Governor, and countersigned by the Controller, and indorsed by the Treasurer of State, and shall have the great seal of the State attached thereto. Sec. 2. Coupons for the interest shall be attached to each bond, so that the coupon may be removed without injury to or mutilation of the bond. Said coupons, consecutively numbered, shall be signed by the Treasurer of State. Sec. 3. It shall be the duty of the Treasurer and Controller of State, each to keep a separate record of all such bonds as may be issued hereunder, showing the number, date and amount of each bond, and to whom the same was issued. |
Bonds of State to be prepared.
How signed.
Coupons to be attached.
Treasurer and Controller to keep separate record. |
κ1864 Statutes of Nevada, Page 156 (CHAPTER 44)κ
|
Appropriation to pay expenses.
Territorial prison bonds, or indebtedness of Territory to amount of $100-in form of warrants.
Bonds, State.
Proviso.
Treasurer to indorse on bond or warrant redeemed.
Treasurer and Controller to keep record.
Special tax levied to pay principal and interest.
Surplus to liquidate principal. |
Sec. 4. The sum of one thousand (1,000) dollars, or so much thereof as may be necessary for that purpose, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, to pay the expense that may be incurred by the Treasurer in having said bonds prepared. Sec. 5. From and after the passage of this Act, all persons holding any of the bonds of the Territory of Nevada, issued under the Act of the Legislative Assembly of the Territory of Nevada, approved February twentieth, eighteen hundred and sixty-four (1864), entitled An Act to provide for a territorial prison, or holding any evidences of indebtedness of said Territory to the amount of one hundred (100) dollars, in the form of warrants drawn by the Auditor of said Territory upon the Treasurer thereof, yet unpaid, shall, upon presentation and surrender of the same to the Treasurer of the State of Nevada, receive in exchange therefor a bond or bonds of said State, such as are provided for by this Act, equal in amount to the amount of the bond or bonds, warrant or warrants, so surrendered by him, including interest thereon, in case any is due, up to the first day of February, in the year of our Lord eighteen hundred and sixty-five; provided, that no single bond shall be issued under the provisions of this Act for a larger sum than five hundred (500) dollars. The Treasurer shall indorse on the back of each warrant or bond so redeemed the date on which he redeemed the same, from whom received, and the number of the bonds issued in exchange therefor. This indorsement shall be countersigned by the Controller, and each warrant shall be filed in the office of the Secretary of State. The Treasurer and Controller shall each also keep a record of the same, giving the number of the warrant or bond so delivered up, date of the same and the amount, and the number of the bond issued thereon, and the Treasurer of State shall not liquidate or pay any of the aforesaid Territorial bonds or warrants but in the manner herein provided. Sec. 6. For the payment of the principal and interest of the bonds issued under this Act, there shall be levied and collected annually, in the same manner as is provided by law now in force, or which may be hereafter enacted, a tax of twenty-five cents on each one hundred dollars of taxable property in the State, in addition to the taxes for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of Nevada is hereby pledged for the payment of the bonds issued by virtue of this Act, and the interest thereon, in gold or silver coin of the United States, and, if necessary, to provide other and ample means for the payment thereof. Sec. 7. Whenever, on the first day of January, in any subsequent year, there shall remain of the fund provided in section six of this Act a surplus, over and above what shall be needed to pay the interest due on that day, of five thousand (5,000) dollars, or more, it shall be the duty of the Treasurer to advertise, for the period of thirty days, in one paper, of general circulation, published in English, in the city of San Francisco, California, |
κ1864 Statutes of Nevada, Page 157 (CHAPTER 44)κ
|
California, and in one paper, of general circulation, published in English, in the city of Virginia, in the State of Nevada, for sealed proposals, directed to the State Treasurer, for the surrender of bonds issued under this Act, in such quantity as the holder may desire, not exceeding the amount which said surplus shall be sufficient to redeem. He shall state in said advertisement the amount of money he has on hand for the purpose of redemption. Thirty days after the date of such advertisement, the Governor, Treasurer, and Controller of State, shall proceed to open any and all bids which shall have been received up to that time, and accept the lowest bid. The person, or persons, proposing to surrender bonds at the greatest discount on their par value, shall be considered the lowest bidder. No bids or proposals shall be considered when over par value, nor unless accompanied with the bonds proposed to be surrendered. All bids shall be inclosed in an envelop, sealed, and indorsed, Proposals for Surrender of State Bonds, issued under an Act entitled An Act to provide for carrying out, in part, the provisions of section seven, of article seventeen, of the Constitution of the State of Nevada, and shall not be opened by said Treasurer except in the manner and at the time as hereinbefore specified. The bonds accompanying the proposals rejected shall be delivered up to the person owning the same, upon his demand or order. The bids being equal, they shall be accepted and paid pro rata, as nearly as possible. Sec. 8. Full and particular account and record shall be kept by the Treasurer of the condition of the bonds and warrants collected in accordance with the provisions of this Act, open at all business hours to the inspection of any citizen. Sec. 9. It shall be the duty of the Treasurer of State to make arrangements for the payment of the interest of the said bonds when the same falls due; and in the event said interest fund herein provided shall be insufficient to meet such interest as it falls due, the Treasurer shall make up the deficiency from the general fund; and in the event of the insufficiency of the general fund, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the credit of the State; provided, however, that any such arrangement, not herein specifically provided, shall not be valid without the approval of the Governor and Controller. Sec. 10. It shall be the duty of the Governor and Controller to attend, at least once in each month, at the office of the Treasurer, to examine all warrants and bonds received by the Treasurer as aforesaid, and to cause the same to be registered and canceled, in such manner as to prevent them from being re-issued or put in circulation. Sec. 11. The Treasurer of State shall transmit to the Governor an abstract of all his proceedings under this Act with his annual report, to be by the Governor laid before the Legislature; and all books and papers pertaining to the matter provided for in this Act shall, at all business hours, be open to the inspection of any citizen. Sec. 12. It shall be the duty of the Treasurer of State to give public notice, by advertisement, in some newspaper of general circulation, published in the city of Virginia, as soon as the bonds provided for by this Act shall be prepared, of his readiness to issue the same, as hereinbefore provided. |
Sealed proposal for surrender of bonds.
Acccept the lowest bid.
How bids shall be enclosed.
Record to be kept.
Arrangements for payment of interest.
Proviso.
Duty of Governor and Controller.
Treasurer to transmit an abstract. |
κ1864 Statutes of Nevada, Page 158 (CHAPTER 44)κ
|
Treasurer to give notice of his readiness to issue. Provisions not to apply to certain indebtedness
Provisions not to apply to Nevada volunteers.
Repeal. |
circulation, published in the city of Virginia, as soon as the bonds provided for by this Act shall be prepared, of his readiness to issue the same, as hereinbefore provided. Sec. 13. The provisions of this Act shall not apply to certain indebtedness due from the late Territory of Nevada, to Messrs. Mason, Huff & Co., George Bence and E. B. Rail, on account of provisions and supplies furnished for the use of the Territorial Prison, amounting in the aggregate to the sum of three thousand two hundred dollars and eight cents ($3,200 08), but the same shall be paid out of the first moneys coming into the State Treasury from taxes assessed in the year one thousand eight hundred and sixty-four (1864). Sec. 14. The provisions of this Act shall not apply to the claims, or the warrants issued thereon, actually held by the officers and privates of the Nevada Volunteers, or held by the Adjutant General of the State, for their benefit, under an Act to encourage enlistments and give bounties and extra pay to our volunteer soldiers, approved February twentieth, eighteen hundred sixty-four (1864). Sec. 15. All Acts and parts of Acts of the Legislative Assembly of the Territory of Nevada, in conflict with the provisions of this Act, are hereby repealed. Sec. 16. This Act shall take effect, and be in force, from and after its passage. |
________
|
Treasurer prohibited from paying warrants.
Redemption fund created
Revenue to be transferred. |
Chap. XLV.An Act to provide for the payment of the outstanding warrants of Storey County.
[Approved February 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be unlawful for the Treasurer of Storey County to pay any warrants drawn on the Treasurer of said county prior to the passage of this Act, except in the manner hereinafter provided. Sec. 2. The Board of County Commissioners of Storey County are hereby authorized and directed, from and after the passage of this Act, to create in the County Treasury of said county, a fund, to be known as the redemption fund of said county. Immediately after the passage of this Act they shall cause forty per cent. of all county revenues paid into the treasury of said county for the fiscal year one thousand eight hundred and sixty-five, and each and every year thereafter, until the present debt of said county, together with the interest accruing thereon is liquidated, to be placed in said redemption fund as soon as paid into said treasury; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said forty per cent. of said revenue, except as hereinafter provided. Sec. 3. Whenever, at any time, there shall be in said Redemption Fund |
κ1864 Statutes of Nevada, Page 159 (CHAPTER 45)κ
|
demption Fund the sum of twenty-five hundred dollars, or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice by publication in some newspaper published at the county seat of said county, that sealed proposals directed to him will be received for the surrender of county warrants issued prior to the passage of this Act, and that said proposals will be received by him until the first Saturday following the expiration of said fifteen days notice. Sec. 4. On the first Saturday following the expiration of said fifteen days notice, the Board of County Commissioners shall, together with the County Auditor and Treasurer, attend at the office of the latter, and then and there open all the sealed proposals, and accept the lowest bid for the surrender of county warrants specified in the previous section; provided, that no bid for more than par value shall be accepted by them, nor any bid, unless accompanied by the warrant or warrants proposed to be surrendered. Sec. 5. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the warrants to be redeemed, specifying the amount to be paid for each warrant, the date, number and amount thereof, and make a record thereof in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid, and all warrants so redeemed shall be canceled by the County Treasurer, by writing across the face thereof in red ink the words, purchased and redeemed, adding thereunto the time when and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid that shall offer the largest amount of warrants in par value for the least sum of money. The bids and amounts of warrants being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as nearly as possible. The County Treasurer shall return all unaccepted bids, together with the warrants therein contained to the owners on demand. The County Treasurer shall keep a separate account, under the heading of Redemption Fund, of all warrants received in the said fund, and all moneys paid out of said fund and to whom paid. He shall, also, on the register of county warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word purchased, and shall state the amount of money paid therefor. Sec. 6. All outstanding warrants of said county are hereby divided into two classes; all warrants issued prior to August first, one thousand eight hundred and sixty-four, shall be deemed the first class, and all issued subsequent to that date, shall be deemed the second class. In the consideration of any bid or bids, made in pursuance of the provisions of this Act, the County Commissioners shall give a preference of thirty-five per cent. |
Duty of Treasurer.
Proposals for surrender of warrants.
Proposals opened.
Accept the lowest bid.
Accepted bids.
Warrants to be canceled.
Vouchers.
Lowest bid.
Treasurer to return warrants. Separate account to be kept.
Warrants classed.
Preference |
κ1864 Statutes of Nevada, Page 160 (CHAPTER 45)κ
|
Commissioners to pass on legality of warrants.
When commissioners prohibited from issuing warrants. Repeal. |
per cent. to warrants of the first class over and above those of the second class. Sec. 7. No county warrants shall be purchased or redeemed under the provisions of this Act, unless the same shall have been issued according to law, and it is hereby made the duty of the Commissioners to pass upon the legality of the same. A unanimous decision of the Board shall be required as to such legality before the same shall be purchased or redeemed. Sec. 8. The County Commissioners shall in no case issue any warrants, or in any manner contract indebtedness, unless there is money in the treasury to pay the same. Sec. 9. All Acts and parts of Acts heretofore passed, as far as the same conflict with, or are repugnant to, the provisions of this Act, are hereby repealed. |
________
|
How entry may be made
Possession restored.
Unlawful detention.
Same. |
Chap. XLVI.An Act concerning Forcible Entries and Unlawful Detainers.
[Approved February 16, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No entry shall be made into any lands, tenements, or other possessions, but in cases where entry is given by law; and in such case, only in a peaceable manner, not with strong hand, nor with multitude of people. Sec. 2. When any such forcible entry shall be made, or where the entry shall be made in a peaceable manner, and the possession shall be held by force against the person entitled to the possession, the person so forcibly put out, or so forcibly holden out of possession, shall be restored to such possession by action, to be commenced and prosecuted as in this Act provided. Sec. 3. It shall be unlawful for any person to hold over any lands, tenements, or other possessions, after the termination of the time for which they may have been demised or let to him, or her, or to the person under whom he, or she, holds possession; or contrary to the covenants of the lease or agreement under which he, or she, holds; or the lease or agreement of the person under whom he, or she, holds possession; or after any rent shall have become due, according to the terms of such lease or agreement, and shall remain unpaid for the space of three days after the same shall have become due, as aforesaid. Sec. 4. In all cases specified in the preceding section, and in all other cases where a person, not a tenant under the landlord by virtue of any lease or agreement, or where any person not holding possession as the tenant or sub-tenant of such landlord, may be found in possession of the premises, the landlord may, at any time within one year after such rent shall become due and remain unpaid, or after any holding over contrary to the terms of such lease, make demand, in writing, of such tenant, or tenants, |
κ1864 Statutes of Nevada, Page 161 (CHAPTER 46)κ
|
or tenants, or of such person in possession of the premises, that he, she, or they, deliver the possession of the premises held as aforesaid; and if such tenant, or tenants, or such person in possession of the premises, shall refuse or neglect, for the space of three days after such demand, to quit the possession of such lands or tenements, in case the term has expired, or the covenants or conditions of the lease require said premises to be surrendered, or to pay the rent, in case the term has not expired, but rent remains unpaid, then such tenant, or tenants, or person in possession of the premises, shall be deemed guilty of an unlawful detainer. Sec. 5. It shall not be necessary, in order to work a forfeiture for the non-payment of rent, to make demand for rent on the day on which the same becomes due, or at any particular time of day, but demand may be made of the tenant in person, or of any person in possession of the premises at any time within a year after such rent shall become due, and may be made for the whole amount due and unpaid at the date of making such demand. The failure on the part of the lessee, or his assigns, or the person in possession, to pay such rent upon such demand being made, shall have the same force and effect as if such demand had been made on the premises toward sunset on the day when the rent became due. Sec. 6. In all leases of lands, or tenements, or any interest therein, from month to month, the landlord may, and it shall be lawful for him, upon giving notice, in writing, at least fifteen days before the expiration of the month, to change the terms of the lease, to take effect at the expiration of said month. Said notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in said notice; if such tenant shall continue to hold such premises after the expiration of said month. In all leases of lands or tenements, or any interest therein for a month, or any term less than a year, if the tenant holds over his term by consent of his landlord, the tenancy shall be construed to be a tenancy from month to month or a tenancy for such term, less than a year, as the case may be; provided, that a tenancy from month to month, may be terminated by the landlord giving notice of such termination ten days prior to the expiration of the month. Sec. 7. The complaint, in actions commenced or prosecuted under this Act, shall set forth the facts on which the plaintiff seeks to recover, and shall describe the premises sought to be recovered, with reasonable certainty, and may charge that the defendant has acted fraudulently in making such forcible entry, or holding such forcible possession (in case where the action is brought for a forcible entry, or forcible holding), and may claim such damages thereof as he may deem proper; and in case of rent due and unpaid, may state the amount thereof; and such complaint shall be verified in the mode prescribed by law for the verification of pleadings in civil cases. Sec. 8. A defendant shall be deemed to be guilty of fraud, within the meaning of this Act, when the forcible entry or the forcible detainer are shown to have been made or done in bad faith, and knowing that the said defendant had no legal right to make such entry or detainer. |
Demand for rent may be made at any time.
Landlord to give notice when terms of lease are changed.
Proviso.
Fraud may be charged.
When defendant deemed guilty of fraud. |
κ1864 Statutes of Nevada, Page 162 (CHAPTER 46)κ
|
Order of arrest.
Plaintiff to show possession.
Occupants to be defendants.
When the verdict is for plaintiff.
Proceedings. |
faith, and knowing that the said defendant had no legal right to make such entry or detainer. Sec. 9. Upon presenting the complaint in said action, duly verified as aforesaid, and charging fraud in making such forcible entry, or in holding such possession by force, to the Judge of the Court in which such action is brought, an order for the arrest of the defendant, or defendants, shall be made by such Judge; and all the provisions of law from section seventy-six to section ninety-eight, both inclusive, in title five, chapter one, of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one, shall be, and are hereby made the rule of proceeding to said arrest and bail in said action of forcible entry or forcible detainer. Sec. 10. On the trial of any action of forcible entry, or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry, or forcible detainer complained of, that he was peacably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense, that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of said action, and that his interest therein is not then ended or determined, and such showing shall be a bar to the action in all cases provided for in this Act. Sec. 11. No person other than the actual occupants of the premises shall be necessary parties defendant to proceedings under this Act; and in case a married woman be a tenant or occupant, and her husband be a non-resident, or cannot be personally served with the summons within the county within which the premises are situated, before the return day of such summons, her marriage shall not be a defense in such proceedings, but in case her husband be not found and served with summons, a judgment against her shall only be valid against property on the premises at the time of the commencement of the action. Sec. 12. If, upon the trial of any action under the provisions of this Act, the verdict of the jury, or the finding of the Court, shall be in favor of the plaintiff, the Court shall thereupon enter judgment for the plaintiff to have restitution of the premises, and the jury or the Court (in case the action is tried without a jury) shall also find or assess the damages occasioned to the plaintiff by such forcible entry or forcible detainer, or holding over or not surrendering the demised premises, or in case of rent unpaid the amount of rent then due, and thereupon shall at once enter judgment against the defendant; if the same be for damages, for rent due and unpaid, for the amount of such damages; or if the same be for damages for a forcible entry or forcible holding, then for three times the amount of such damages so found or assessed. Sec. 13. The proceedings in or upon the trial of any such action shall be the same as in other civil cases, except as herein otherwise provided, and judgment shall be entered, execution issued, and all other proceedings, both before and subsequent to judgment, be had as in other civil cases. |
κ1864 Statutes of Nevada, Page 163 (CHAPTER 46)κ
|
Sec. 14. All the provisions of law as presented from section six hundred and thirty-nine to section six hundred and sixty inclusive, of an Act entitled An Act to regulate proceedings in the courts of justice of the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one, are hereby repealed. |
Act repealed |
________
|
Chap. XLVII.An Act to legalize the Assessment of Real and Personal Property, as made by the Board of County Commissioners of Lander County, for the year of our Lord one thousand eight hundred and sixty-four.
[Approved February 16, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The assessment of real and personal property which was made by the Board of County Commissioners of Lander County, for the year one thousand eight hundred and sixty-four, by the passage of the following order, which is in the words and figures as follows, to wit: And a special tax of fifty (50) cents on each one hundred dollars value of taxable property in said county is hereby levied, and ordered collected, for the payment of the outstanding indebtedness of said county, for the fiscal year commencing the first Monday of May, in the year of our Lord one thousand eight hundred and sixty-four, and all moneys collected herefrom are ordered to be placed in a fund which shall be known as the sinking fund, is hereby legalized and made valid, and the Tax Collector is hereby authorized to collect the same, as though said order had been made according to and authorized by law; but nothing in this Act shall be so construed as in any manner to conflict with An Act to provide for the payment of the outstanding indebtedness of Lander County, approved January sixth, one thousand eight hundred and sixty-five. |
Assessment for year 1864 in Lander county, legalized. |
________
|
Chap. XLVIII.An Act granting further powers to District or Prosecuting Attorneys of the several Counties, and Attorneys of incorporated cities and towns, within this State, in Suits for Delinquent Taxes, for the fiscal year one thousand eight hundred and sixty-four (1864).
[Approved February 18, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all suits brought by the District or Prosecuting Attorney of his county, or the Attorney of incorporated cities and towns, |
|
κ1864 Statutes of Nevada, Page 164 (CHAPTER 48)κ
|
District Attorneys authorized to make additional description in suits for delinquent taxes. Evidence.
Proviso. |
porated cities and towns, for delinquent taxes, the said District Attorney is hereby authorized and empowered to make, in the summons and complaint, additional and more certain description than that contained in the assessment roll of the real property assessed, and upon which suit is brought for the taxes due thereon, as he may deem proper; whether the same is an estate in fee, possessory claim, or claim to, or right of possession to, any lands; and where such additional description is made, evidence may be introduced to prove that the property described in the summons and complaint is the same property as that described in the assessment roll; provided, that the complaint and summons shall aver such fact, and the judgment and execution, and all proceedings thereafter, shall follow the description given in the assessment roll, and the additional description given in the summons and complaint. |
________
|
Controller authorized to appoint a Deputy.
Compensation. |
Chap. XLIX.An Act to provide for the appointment of a Deputy State Controller, and to fix his compensation.
[Approved February 21, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State is hereby authorized to appoint a Deputy, who shall have power, in the absence of the Controller, to do all acts devolving upon, and now necessary to be performed by, the Controller, except the signing of State warrants and bonds. Sec. 2. The Deputy Controller of State, appointed under section one of this Act, shall receive for his compensation the sum of two hundred and fifty dollars per month, payable monthly, out of any moneys not otherwise appropriated; and the Controller of State is hereby authorized and required to draw his warrant monthly, in favor of the person whom he may appoint his Deputy, in the sum hereinbefore specified. |
________
|
Against whom information may be filed. |
Chap. L.An Act regulating Proceedings upon Quo Warranto and Information in the nature thereof.
[Approved February 21, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An information may be filed against any person unlawfully holding, or exercising, any public office or franchise within this State, or any office in any corporation created by the laws of this State, |
κ1864 Statutes of Nevada, Page 165 (CHAPTER 50)κ
|
the laws of this State, or the laws of the late Territory of Nevada; or when any public officer has done, or suffered any act which works a forfeiture of his office, or when any persons act as a corporation within this State without being authorized by law; or if, being incorporated, they do, or omit, acts which amount to a surrender or forfeiture of their rights and privileges as a corporation, or when they exercise powers not conferred by law. Sec. 2. Such information may be filed by the Prosecuting or District Attorney of the proper county, whenever he deems it his duty so to do, or an occasion therefor arises. Sec. 3. He must file such information when directed to do so by the Governor, the Legislature, the District Court, or the County Commissioners. Sec. 4. Such information shall consist of a plain statement of the facts which constitute the grounds of the proceeding, addressed to the Court, which shall stand for an original complaint. Sec. 5. Such statement shall be filed in the clerks office, and summons issued and served in the same manner as provided for the commencement of civil actions in the District Court. Sec. 6. The defendants may appear and answer such information in the usual way, as in civil actions; and issue being joined, the case shall be tried in the same manner as civil actions, as nearly as may be. Sec. 7. When the defendant is holding an office to which another is claiming the right, the information shall set forth the name of such claimant, and the trial must, if practicable, determine the rights of the contesting parties. Sec. 8. If judgment be rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law. Sec. 9. The Court, after such judgment, shall order the defendant to deliver over all books and papers in his custody, or under his control, belonging to said office, to the parties entitled thereto. Sec. 10. When the judgment has been rendered in favor of the claimant, he may, at any time within one year thereafter, bring suit against the defendant, and recover the damages he has sustained by reason of the act of the defendant. Sec. 11. When several persons claim to be entitled to the same office or franchise, an information may be filed against any or all of said persons, in order to try their respective right thereto. Sec. 12. If the defendant be found guilty of unlawfully holding or exercising any office, franchise, or privilege; or if a corporation be found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted and altogether excluded from such office, franchise, or privilege, and also that he pay the costs of the proceeding. Sec. 13. If the defendant be found to have exercised merely certain individual powers and privileges to which he is not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges. |
By whom filed.
Must file when directed.
Information, what to consist of.
Summons, how issued and served.
Defendant may appear and answer.
Information, what to set forth in certain cases.
When claimant to exercise functions of office. Defendant to deliver over books and papers. Claimant may recover damages.
Information may be filed.
Judgment, how to be rendered in certain cases
Judgment shall be the same as above. |
κ1864 Statutes of Nevada, Page 166 (CHAPTER 50)κ
|
Information against private individual.
Costs, how regulated.
Costs, how collected.
Court shall appoint trustee.
Trustee to enter into bond. When suit may be brought on bond. Duty of trustee.
Court upon an application shall order officers to deliver books and papers to trustee. Trustee to file an inventory.
Trustee to sue for and recover debts.
Directors and officers, when liable. Penalty for refusing to obey order. |
only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges. Sec. 14. An information may be, upon the relation of a private individual, and when upon the relation of a private individual, it shall be so stated in the complaint and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other respects, the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule. Sec. 15. In case judgment is rendered against a pretended, but not real corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation. Sec. 16. If a corporation is ousted and dissolved by the proceedings herein authorized, the Court shall appoint some disinterested person as Trustee of the creditors and stockholders, who shall receive a compensation for his services, to be fixed by the Court. Sec. 17. Said Trustee shall enter into bond in such a penalty, and with such security as the Court approves, conditioned for the faithful discharge of his duties. Sec. 18. Suit may be brought on such bond by any person injured by the negligence or wrongful act of the Trustee in the discharge of his duties. Sec. 19. The Trustee shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled. Sec. 20. The Court shall, upon an application for that purpose, order an officer of such corporation, or any other person having possession of any of the effects, books or papers of the corporation, in any wise necessary for the settlement of its affairs, to deliver the same to the Trustee. Sec. 21. As soon as practicable, after his appointment, the Trustee shall make and file in the office of the Clerk of the Court, an inventory of all the effects, rights and credits, which come to his possession or knowledge, the truth of which inventory shall be sworn to. Sec. 22. He shall sue for, and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders respectively, to the extent of the effects which come into his hands in the same manner as thought he was the executor of a deceased person. Sec. 23. When judgment of ouster is rendered against a corporation on account of the misconduct of the directors, or officers thereof, such officers shall be jointly and severally liable to an action by any one injured thereby. Sec. 24. Any person who, without good reason, refuses to obey an order of the Court, as herein provided, shall be deemed guilty of a contempt of Court, and shall be fined in any sum not exceeding five thousand dollars, and imprisonment in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order. Sec. 25. It is made the duty of the several prosecuting or District Attorneys in this State, to be diligent in their endeavors to carry out the provisions of this Act, and in ascertaining if any cause exist for instituting such proceedings as are herein provided for. |
κ1864 Statutes of Nevada, Page 167 (CHAPTER 50)κ
|
District Attorneys in this State, to be diligent in their endeavors to carry out the provisions of this Act, and in ascertaining if any cause exist for instituting such proceedings as are herein provided for. Sec. 26. All proceedings under this Act shall have precedence over all other cases, in order and time of trial, except criminal actions, and shall be placed upon the calendar for trial immediately upon issue being joined, whether in law or in fact. Sec. 27. When judgment is against the defendant, the Court shall allow to the prosecuting or District Attorney such sum of money as may seem reasonable for his services; which sum shall be taxed with and collected as the other costs in the proceeding; unless judgment is rendered against the defendant no costs shall be allowed, except as provided for in section fourteen of this Act. |
Duty of prosecuting attorneys.
Proceedings to have precedence.
Services of prosecuting attorneys. |
________
|
Chap. LI.An Act to create a Secret Service Fund.
[Approved February 21, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four thousand (4,000) dollars of the first moneys now, or which may hereafter be paid into the State treasury, is hereby appropriated and set apart as a Secret Service Fund, subject only to appropriations heretofore made for the payment of interest, and so much of the principal, of bonds of the Territory of Nevada as become, or have become, due, according to law, during the present year, to appropriations made for the payment of the expenses of the State Prison, from the expiration of the last appropriation made by the Legislative Assembly of the Territory of Nevada, and to appropriations made to pay the salaries of the Justices of the Supreme Court, and the expenses of the Legislature during the present year. Sec. 2. The fund created by the first section of this Act, shall be drawn upon only by the Governor of this State, and the Controller shall, on demand of the Governor, issue his warrants in favor of the Governor, on said fund, and the Treasurer shall pay the same. Sec. 3. The Governor shall, at the opening of each session of the Legislature, report to the Senate, in executive session, the amount of said fund expended, and how expended. Sec. 4. An Act of the Legislative Assembly of the Territory of Nevada, entitled An Act to provide a contingent fund for the Territory, approved December nineteenth, one thousand eight hundred and sixty-two, and all other Acts and parts of Acts heretofore passed, so far as they are in conflict with the provisions of this Act, are hereby repealed. |
Appropriation, to create secret service fund.
Governor to draw on fund.
Governor to report.
Acts repealed. |
________
κ1864 Statutes of Nevada, Page 168κ
|
Appropriation.
Compensation, A. J. Marsh.
600 copies of debates, etc., of Convention. Controller directed to draw warrant.
J. Neely Johnson authorized to contract for publication.
Copies, how distributed. |
Chap. LII.An Act to provide for paying the expenses of Reporting and Publishing the Debates and Proceedings of the Constitutional Convention, which assembled at Carson City July fourth, one thousand eight hundred and sixty-four.
[Approved February 21, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In order to carry out the provisions of section twenty-six of article seventeen of the Constitution of the State of Nevada, the sum of ten thousand (10,000) dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State Treasury, or hereafter to come therein, not otherwise specially appropriated, to pay the compensation of A. J. Marsh, official reporter of the Constitutional Convention which assembled at Carson City July fourth, 1864, (eighteen hundred and sixty-four), and also to pay the expenses of preparing for publication, and supervising and publishing and delivering at the seat of government of this State, six hundred copies of the debates and proceedings of said convention. Sec. 2. The Controller of State is hereby authorized and directed to draw his warrant upon the State Treasury, in favor of said A. J. Marsh, for so much money as may be certified to him by the State Board of Examiners to be due said A. J. Marsh for services rendered, and to be rendered, as specified in section twenty-six (26), of article seventeen (17), of the Constitution of the State, and the State Treasurer is hereby directed to pay each of said warrants, in gold coin, out of any moneys in said treasury, or hereafter to come therein, not otherwise specially appropriated by law. Sec. 3. The Honorable J. Neely Johnson, President of said Convention, is hereby authorized to contract, with the lowest bidder, for the publication, in book form, and the delivery at the seat of Government of this State, of six hundred copies of the debates and proceedings of said Convention; and said Controller is hereby directed and required to draw his warrant upon said treasury, in favor of such contractor, for so much money as may be certified by the State Board of Examiners to be due such contractor, according to the terms of said contract, for publishing and delivering at the seat of Government of this State six hundred copies of the debates and proceedings of said Convention; and the State Treasurer is hereby directed to pay said last named warrant out of any moneys in the State Treasury, not otherwise specially appropriated by law. Sec. 4. Said six hundred copies of the debates and proceedings of said Convention shall be delivered to the Secretary of State without delay, and distributed as follows: One copy to each of the State officers; one copy to each of the Supreme and District Judges, and District Attorneys of this State; and one copy to each member of the present Legislature; one copy to the Governor of each State and Territory of the United States; and one copy to the President and each of the heads of Departments of the government of the United States; and two copies to each member of the two Constitutional Conventions held in the Territory of Nevada; provided, that no member of either Convention shall receive more than two copies. |
κ1864 Statutes of Nevada, Page 169 (CHAPTER 52)κ
|
Departments of the government of the United States; and two copies to each member of the two Constitutional Conventions held in the Territory of Nevada; provided, that no member of either Convention shall receive more than two copies. Sec. 5. No claim shall be allowed, under the provisions of this Act, by the Board of State Examiners, in favor of A. J. Marsh, or of such contractor, until the service for the payment of which an allowance is asked has been actually rendered; provided, that no more than four hundred (400) dollars shall be paid said A. J. Marsh for supervising the publication of said debates and proceedings, and indexing the same; and no allowance shall be made by said Board for such supervision and indexing until said A. J. Marsh shall have furnished them his affidavit of the number of days he was actually engaged in said supervision and indexing; and provided further, that said Board of State Examiners shall not allow the claim of said A. J. Marsh for writing out and preparing for publication said debates and proceedings until he shall have furnished them his affidavit of the number of folios contained in his transcription of said debates and proceedings. |
No claim to be allowed until service is rendered. Proviso.
Proviso. |
________
|
Chap. LIII.An Act to prevent Gaming.
[Approved February 23, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall deal, carry on, open, or cause to be opened, or who shall conduct either as owner or employe, whether for hire or otherwise, any game of faro, monte, roulette, lansquenet, rouge et noir, or any banking game played with cards, dice or any other device, whether the same be played for money, checks, credit, or any representative of value, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than one hundred nor more than five hundred dollars, and in default of payment of such fine shall be imprisoned in the county jail for a period of not more than six months nor less than one month. Sec. 2. One fourth of all the moneys collected for fines under the provisions of this Act, shall be paid into the State Treasury in the manner prescribed by law for the payment of other moneys by the Treasurers of ______ counties, and one half thereof shall remain in the county treasury of the county in which the same may be collected, to the credit and for the exclusive use and benefit of the hospital fund of such county, and be applied to the payment of the hospital expenses of such county, and one fourth thereof shall be paid to the District or Prosecuting Attorney of the county in which the conviction may have been obtained. Sec. 3. Every person who shall knowingly permit any of the games mentioned in the first section of this Act, |
Penalty.
Moneys collected, how distributed. |
κ1864 Statutes of Nevada, Page 170 (CHAPTER 53)κ
|
Penalty for permitting gaming.
Act repealed. |
games mentioned in the first section of this Act, to be played, conducted or dealt in any house owned or controlled by him or her, in whole or in part, shall be guilty of a misdemeanor, and on conviction shall be fined any sum not less than one hundred nor exceeding five hundred dollars, and in default of payment of such fine shall be imprisoned in the county jail for a period of not less than one month nor more than six months. Sec. 4. An Act of the Legislative Assembly of the Territory of Nevada entitled An Act to prohibit Gaming, approved November twenty-fifth, one thousand eight hundred and sixty-one, is hereby repealed. |
________
|
Treasurer prohibited from paying warrants.
Redemption fund created.
Revenue to be transferred.
Disbursed.
Duty of Treasurer.
Proposals for surrender of warrants. |
Chap. LIV.An Act to provide for the payment of the outstanding indebtedness of Douglas County.
[Approved February 23, 1865.]
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 not be lawful for the Treasurer of Douglas County to pay any warrant drawn on the Treasury of said county prior to the passage of this Act, excepting in the manner hereinafter provided. Sec. 2. The Board of County Commissioners of said county are hereby authorized and directed, from and after the passage of this Act, to create in the county treasury of said county a fund, to be known as the Redemption Fund of said county. As soon after the passage of this Act as is practicable, they shall cause to be transferred into said redemption fund thirty-three and one-third (33 1/3) per cent. of all county revenues in the county treasury of said county at the time of the taking effect of this Act; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said thirty-three and one third (33 1/3) per cent. of said revenues from said treasury, until the said order of transference to be made by said Board of County Commissioners, as hereinbefore provided for, is duly certified to such Treasurer, and they shall cause thirty-three and one third (33 1/3) per cent. of all county revenues paid into the treasury of said county, at any time after the passage of this Act, to be placed in said redemption fund as soon as paid into said treasury. The moneys placed in the redemption fund created by this Act, shall be disbursed as hereinafter provided. Sec. 3. 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 fifteen days notice, by publication in some newsaper published at the county seat of said county, or if there is no newspaper published at the county seat of said county, then said notice shall be published in some newspaper in Storey County, of general daily circulation, that sealed proposals, directed to him, will be received for the surrender of county warrants, issued prior to the passage, or under the provisions, of this Act, and that said proposals will be received by him, until the next regular meeting of the Board of County Commissioners of said county thereafter. |
κ1864 Statutes of Nevada, Page 171 (CHAPTER 54)κ
|
the passage, or under the provisions, of this Act, and that said proposals will be received by him, until the next regular meeting of the Board of County Commissioners of said county thereafter. Sec. 4. On the first day of such regular meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county warrants, specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid, unless accompanied by the warrant or warrants proposed to be surrendered. All outstanding warrants of said county are hereby divided into two classes. All warrants issued prior to the first day of June, eighteen hundred and sixty-four, shall be deemed the first class; and all issued subsequent to said date, shall be deemed the second class. In the consideration of any bid or bids made in pursuance of the provisions of this Act, the County Commissioners shall give a preference of twenty (20) per cent. to warrants of the first class, over and above those of the second class. Sec. 5. When any bids are accepted, the County Auditor and County Treasurer shall each take a description of the warrants to be redeemed, specifying the amount to be paid for each warrant, the date, number and amount thereof, and make a record thereof in their respective offices; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants designated in the accepted bid or bids, and pay for the same out of the redemption fund aforesaid; and all warrants so redeemed shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, purchased and redeemed, adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants for the least sum of money. The bids and amounts of warrants being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as nearly as possible. The County Treasurer shall return all unaccepted bids, together with the warrants therein contained, to the owners, on demand. The County Treasurer shall keep a separate account, under the heading of redemption fund, of all moneys received into said fund, and of all moneys paid out of said fund, and to whom paid. He shall, also, on the register of county warrants, kept by him, write opposite each warrant redeemed under the provisions of this Act, the word purchased, and shall state the amount paid therefor. Sec. 6. When any claim against said county, which accrued prior to the passage of this Act, is allowed by the Board of County Commissioners of said county after the passage of this Act, the same shall be allowed as purchasable out of the redemption fund of said county, and all warrants drawn for the payment of the same shall be drawn upon and purchasable out of said redemption fund, in the same manner provided by this Act for the purchase of other county warrants with moneys of said county in said redemption fund. |
Proposals opened.
Accept the lowest bid.
Classes.
Preferences.
Accepted bids.
Warrants to be canceled.
Vouchers.
Lowest bid.
Treasurer to return warrants. Separate account to be kept.
Warrants drawn and purchasable out of Redemption fund. |
κ1864 Statutes of Nevada, Page 172 (CHAPTER 54)κ
|
Repeal. |
payment of the same shall be drawn upon and purchasable out of said redemption fund, in the same manner provided by this Act for the purchase of other county warrants with moneys of said county in said redemption fund. Sec. 7. All Act and parts of Acts in conflict with the provisions of this Act, are hereby repealed. Sec. 8. This Act shall take effect as soon as passed and approved. |
________
|
Location of saline lands. Duty of persons locating salt lands.
Locations made prior to passage of Act, ratified. Proviso.
When subject to re-location. |
Chap. LV.An Act to provide for the Location of Lands containing Salt.
[Approved February 24, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person may locate, claim and hold, not exceeding one hundred and sixty acres of the public lands within this State containing salt or saline matter. Sec. 2. It shall be the duty of any person, or persons, locating salt lands, to have the same surveyed by the County Surveyor of the county in which said lands are located within thirty days from the date of location; and the Surveyor shall, within thirty days from the completion of said survey, make and deliver to the party employing him to make the survey a correct description and plat of the lands thus surveyed, and the same shall be recorded in the office of the County Recorder of said county within thirty days from the delivery thereof by the Surveyor. Sec. 3. All locations made prior to the passage of this Act upon saline lands are hereby ratified and confirmed to the locators thereof, their heirs and assigns; provided, the parties now holding and occupying said lands shall, within sixty days from the passage of this Act, have the same surveyed and recorded as provided in section two of this Act. Sec. 4. All persons claiming and holding saline lands under the provisions of this Act shall keep and hold actual possession of said lands by occupying the same, and whenever said lands are abandoned for a period longer than sixty days, the same shall be subject to re-location. Sec. 5. This Act shall take effect, and be in force, from and after its passage. |
________
κ1864 Statutes of Nevada, Page 173κ
|
Chap. LVI.An Act to empower H. M. Bien to administer oaths in certain cases.
[Approved February 25, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. H. M. Bien is hereby empowered to administer oaths and take the affidavits of persons who may deposit minerals, ores, and specimens of rock, with him, and also in regard to any statements they may make appertaining thereto. Sec. 2. The powers conferred in the first section of this Act shall not be construed to be applicable to any other purposes than those therein described. Sec. 3. This Act shall be in force and effect, for the period of six months from and after its passage. |
Empowered to administer oaths in certain cases. Power not applicable to other purposes. |
________
|
Chap. LVII.An Act to provide for the disposition of the sixteenth and thirty-sixth sections of the Public Lands, donated by the United States Government to the State of Nevada.
[Approved February 27, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, State Controller and Superintendent of Public instruction, are hereby constituted a Board of State Land Commissioners, with power, and they are hereby authorized and directed, to issue warrants to be known as School Land Warrants, and which shall not be for less than forty acres, or more than one hundred and sixty acres in one warrant, to the amount of not exceeding ten thousand acres, which warrants, when so issued by said Board, and signed by the Governor as President of such Board, and countersigned by the Secretary of State, (who shall be the Secretary of the Board,) shall be taken by the Controller, and by him deposited with the State Treasurer for sale, charging the amount thereof to the account of said Treasurer. Sec. 2. The State Treasurer is hereby authorized and required, on application to him therefore to sell said school land warrants for the sum of five dollars per acre, in gold and silver coin of the United States of America, and shall be required to convert all moneys thus received into a fund, to be known as the State School Fund. Sec. 3. The said Board of Commissioners shall, at any time, and from time to time, invest the moneys thus received into interest-bearing bonds of this State, or of the United States, as may to them seem to be for the best interest of the State school fund, and all interest falling due on said bonds so set apart to the credit of the school fund, shall, as the same may become due, be placed to the credit of such school fund. |
Board of Land Commissioners to issue land warrants.
How signed and countersigned.
Deposited. Treasurer authorized to sell.
Moneys to be invested. |
κ1864 Statutes of Nevada, Page 174 (CHAPTER 57)κ
|
School fund.
Purchasers of warrants authorized to locate same.
Right of possession.
Proviso.
Two or more persons claiming same land.
Proviso.
Person receiving title, to execute deed to party entitled thereto.
Right of action.
Locations, how made. |
the credit of the school fund, shall, as the same may become due, be placed to the credit of such school fund. Sec. 4. The parties purchasing such warrants, and their assigns, are hereby authorized by this State, and in its behalf, to locate the same upon any surveyed lands belonging to the United States within the State of Nevada, in sections sixteen and thirty-six of each township. Sec. 5. Any person who may have made any improvements, or have been in the possession of, or occupying any lands, within, or part of, sections sixteen or thirty-six, shall have the exclusive right, for the term of six months, and no longer, from the passage of this Act, to purchase such school land warrants, and locate the same upon the lands so improved, occupied, or possessed; provided, that no one person shall have the right to claim as improved, occupied, or possessed, more than one hundred and sixty acres; provided further, that when two or more persons claim to have improved, occupied, or been in the possession of the same one sixteenth part of the same sixteenth or thirty-sixth section, then, and in that case, the person who may have improved, occupied, or been in the possession of, the largest portion of such part, or fractional part of the section, shall be first entitled to locate warrants upon the same; and in case such person, in possession of the largest portion of said part, or fractional part, of the section, shall fail to locate warrants upon the same within six months after the passage of this Act, then any one of said persons shall have power to locate the same, as in this Act provided; provided, that no such location shall be made after one year from the passage of this Act. Sec. 6. In case two or more persons shall have improved or occupied the same sixteenth part, or fractional part, of the section, as provided in the preceding sections of this Act, the person entitled to locate the same, as provided in section five, shall, after he may have received a title to the same, as provided in section fourteen, and upon the payment to him of a proportionate amount of the expense incurred in perfecting title to the same, according to the number of acres so in possession of the parties, make and execute a good and sufficient deed for the amount of acres, and described according to the original boundaries and division lines of such parties, in possession at the time of the application of the party thus locating said land, or to the party then in possession and entitled to such deed. Sec. 7. The party, or parties, entitled to receive a deed, as provided in the preceding section, shall have right of action for the compulsory execution, to him or them, of a deed for the same, from the party receiving the title thereto, his heirs, executors, or assigns. Sec. 8. Persons locating land warrants, as provided in this Act, shall first file a notice with the Surveyor General of State, which notice shall state the number, section and range, and the part thereof claimed or located; the number of the warrant, and the amount of acres named therein; and he shall exhibit the warrant to the Surveyor General, and show to his satisfaction that he is entitled to locate the same under the provisions of this Act. Sec. 9. It shall be the duty of the Surveyor General to keep a book, |
κ1864 Statutes of Nevada, Page 175 (CHAPTER 57)κ
|
a book, in which shall be recorded all notices of location, and the number, date, and amount of acres mentioned in the warrant; the name of the person to whom it was issued, and the name of the person making the location; and he shall make out and deliver to the President of the Board of State Land Commissioners, a quarterly statement, commencing on the first day of April, in the year of our Lord eighteen hundred and sixty-five (1865), containing the amount of land located, where the same is situated, and the names of the persons locating the same. Sec. 10. The Surveyor General shall receive for the filing and recording of each notice and description of the warrant, the sum of twenty dollars, to be paid by the person making application for the location of such school land warrants, which sum shall be paid into the school fund. Sec. 11. It shall be the duty of said Board of Land Commissioners to meet on or before the first day of April, in the year of our Lord eighteen hundred and sixty-five (1865), at which time they shall prepare, or cause to be prepared, as soon thereafter as the same can be done, blank school land warrants, which warrants may be in form as prescribed by the said Land Commissioners, and all necessary expenses incurred in printing and procuring such blanks shall be paid out of the State school fund of the State. Sec. 12. The Controller shall keep an accurate account of the quantity of land, or warrants, disposed of in accordance with the provisions of the foregoing sections, and the amounts received by the Treasurer, charging the several sums thus received to the Treasurer, and shall make a quarterly report thereof to the President of the Board, commencing on the first day of April, in the year of our Lord eighteen hundred and sixty-five (1865). Sec. 13. Whenever the General Government shall certify over to this State the lands mentioned in the preceding sections, or any portion thereof, the Governor of this State, upon application of the person or persons making such location as aforesaid, or their assigns or legal representatives, and upon the presentation of the warrant or warrants under which such location was made, together with the certificate of the Surveyor General, of the location of such warrants, shall issue a patent for the land described in such certificate in favor of the person entitled to receive the same. Sec. 14. Such patent shall be signed by the Governor and countersigned by the Secretary of State, and shall have affixed thereto the great seal of the State, and shall be in substance as follows: Know all men by these presents, whereas A. B. is the holder of school land warrant number__, issued under and by virtue of the Act of the Legislature of the State of Nevada, approved _____ day of _____, one thousand eight hundred and sixty-five (1865), entitled (here insert title of the Act); and whereas, the said A. B. hath located the said warrant, or warrants (as the case may be), upon the following described lands, and accepts the same in full satisfaction for said warrants, to wit: (here insert description of land, as contained in Surveyor Generals certificate); now, therefore, 1, C. D., Governor of the State of Nevada, by authority in me vested, have given, granted, bargained and sold, and do by these presents give, grant, bargain and sell unto the said A. |
Duty of the Surveyor General.
Fee to be paid into school fund.
Duty of Board of Land Commissioners.
Expenses to be paid out of fund. Duty of the Controller.
Governor to issue patent.
Patent, how executed. |
κ1864 Statutes of Nevada, Page 176 (CHAPTER 57)κ
|
Patent to convey title in fee-simple.
Provisions to apply to section 16-T. 15, R. 20 E. |
State of Nevada, by authority in me vested, have given, granted, bargained and sold, and do by these presents give, grant, bargain and sell unto the said A. B. all the above described lands, to have and to hold unto him, the said A. B., his heirs and assigns, forever, to and for his and their sole use, benefit and behoof. Sec. 15. All patents issued under, and by virtue of, the provisions of this Act, shall be construed to convey to the patentee the title in fee simple, in and to the land so patented. Sec. 16. The provisions of this Act shall not apply to the section upon which the State Prison of the State of Nevada is situated, the same being section number sixteen of township number fifteen north, of range number twenty east, of land subject to sale at the United States land office, at Carson City, Nevada, nor shall said last mentioned section be entered under the provisions of this Act. |
________
|
Associations, how formed.
File a certificate. |
Chap. LVIII.An Act to authorize the Incorporation of Rural Cemetery Associations.
[Approved March 1, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any number of persons residing in this State, not less than five, who shall desire to form an association for the purpose of procuring and holding lands to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place as they, or a majority of them, may agree, and appoint a chairman or secretary by a vote of the majority of the persons present at the meeting, and proceed to form an association, by determining on a corporate name by which the association shall be called and known, by determining on the number of trustees to manage the concerns of the association, which number shall not be less than six nor more than twelve, and thereupon may proceed to elect, by ballot, the number of trustees so determined on, and the chairman and secretary shall immediately after such election divide the trustees, by lot, into three classes: those in the first class to hold their office one year, those in the second class two years, and those in the third class three years; but the trustees of each class may be re-elected if they shall possess the qualification hereinafter mentioned. The meeting shall also determine on what day in each year the future annual elections of trustees shall be held. Sec. 2. The chairman and secretary of the meeting shall, within three days after such meeting, make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgement of conveyances in the county where such meeting shall have been held, which certificate shall state the names of the associates determined upon by the majority of the persons who met, the number of trustees fixed on to manage the concerns of the association, |
κ1864 Statutes of Nevada, Page 177 (CHAPTER 58)κ
|
the number of trustees fixed on to manage the concerns of the association, the names of the trustees chosen at the meeting and their classification, and the day fixed on for the annual election of trustees, which certificate it shall be the duty of the chairman and secretary of such meeting to cause to be filed and recorded in the office of the County Clerk of the county in which the cemetery grounds are situated, in a book to be appropriated to the recording of certificates of incorporation. Sec. 3. Upon such certificate duly acknowledged and filed as aforesaid being recorded, the association mentioned therein shall be deemed legally incorporated, and shall be a body politic and corporate, in fact and in name, by the name stated in the certificate, and by their corporate name have succession and power: First, to sue and be sued in any court; Second, to make and use a common seal, and alter the same at pleasure; Third, to purchase, hold, sell and convey, such real and personal estate as the purposes of the incorporation shall require; Fourth, to appoint such officers, agents and servants, as the business of the corporation shall require; to define their powers, prescribe their duties and fix their compensation; Fifth, to require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, except that no trustee shall be removed from office unless by a vote of two thirds of the whole number of trustees, or by a vote of a majority of the trustees, on a written request signed by one half of the lot owners; Sixth, to make by-laws not inconsistent with the laws of this State for the organization of the company, the management of the property, regulation of its affairs, and for the carrying on all kinds of business within the object and purposes of of the company. The affairs and property of such associations shall be managed by the trustees, who shall annually appoint from among their number a president and vice president, and shall also appoint a secretary and treasurer, who shall hold their places during the pleasure of the board of trustees, and the trustees may require the treasurer to give security for the faithful performance of the duties of his office. Sec. 4. Any association incorporated cemetery, under this Act, may take by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land, to be held and occupied exclusively for a cemetery, for the burial of the dead. Such land, or such parts thereof, as may from time to time be required for that purpose, shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, alleys and walks, as the trustees deem proper; and a map, or maps, of such surveys shall be filed in the office of the County Recorder of the county in which the land shall be situated; and after filing such maps, the trustees may sell and convey the lots or plats designated upon such maps, upon such terms as shall be agreed upon, and subject to such conditions and restrictions, to be inserted in, or annexed to, the conveyances, as the trustees shall prescribe; the conveyances to be executed under the common seal of the association, and signed by the president or vice president, and the treasurer, of the association. Any association incorporated under this Act may hold personal property to an amount not exceeding five thousand dollars, besides what may arise from the sale of lots and plats. |
Powers of Association.
Cemetery |
κ1864 Statutes of Nevada, Page 178 (CHAPTER 58)κ
|
Election of Trustees.
Trustees to make annual report.
Powers of Association. |
association incorporated under this Act may hold personal property to an amount not exceeding five thousand dollars, besides what may arise from the sale of lots and plats. Sec. 5. The annual election for trustees, to supply the place of those whose term of office expires, shall be holden on the day mentioned in the certificate of incorporation, and at such hour and place as the trustees shall direct; at which election shall be chosen such number of trustees as will supply the places of those whose term expires or has become vacant. The trustees chosen at any election subsequent to the first shall hold their places for three years, and until others shall be chosen to succeed them. The election shall be by ballot, and every person of full age, who shall be the proprietor of a lot or plat in the cemetery of the association containing not less than two hundred square feet of land, or if there be more than one proprietor of any such lot or plat, then such one of the proprietors as the majority of joint proprietors shall designate to represent such lot or plat, may, either in person or by proxy, give one vote for each plat or lot of the dimensions aforesaid; and the persons receiving a majority of all the votes given at such election shall be trustees, to succeed those whose term of office expires. But in all elections after the first the trustees shall be chosen from among the proprietors of lots or plats, and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the corporation shall prescribe. Sec. 6. The trustees, at each annual election, shall make reports to the lot proprietors of their doings, and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place, at which time the election may be held with like effect as if holden on the day fixed on in the certificate; the office of the trustees, chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation. Sec. 7. After its formation, in the manner provided in the preceding sections, the corporation shall proceed to purchase suitable grounds for the proposed cemetery, and to the vendor thereof they are authorized to issue the bonds of the corporation for the amount of the purchase money, bearing interest, not exceeding the rate of twelve per cent per annum, but payable out of sixty per cent of the proceeds of the cemetery, as the same shall be realized, and not otherwise. Sixty per cent. at least, of the proceeds of all sales of lots, plats or graves, shall be first appropriated to the payment of the said bonds and interest aforesaid, payable at least once in three months to the bond holders, until all are paid, and the residue thereof to be used in preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after payment of the purchase money and interest, as aforesaid, |
κ1864 Statutes of Nevada, Page 179 (CHAPTER 58)κ
|
aforesaid, and all debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment and preservation of such cemetery, and for incidental expenses, and to no other purpose or object. Sec. 8. Any person who shall willfully destroy, mutilate, deface, injure or remove any tomb, monument, gravestone, building or other structure placed in any cemetery of any association incorporated under this Act; or any fence, railing or other work for the protection or ornament thereof; or of any tomb, monument or gravestone; or other structure aforesaid; or of any plat or lot within such cemetery; or shall willfully destroy, cut, break or injure any tree, shrub or plant within the limits of such cemetery, shall be deemed guilty of a misdemeanor and such offender shall also be liable in an action of trespass, to be brought in all such cases, in the name of such association, to pay all such damages as shall have been occasioned by his unlawful act or acts. Such money, when recovered, shall be applied by the trustees to the reparation or restoration of the property so destroyed or injured. Sec. 9. Any association incorporated pursuant to this Act, may take and hold any property, real or personal, bequeathed or given upon trust, to apply the income thereof, under the direction of the trustees of such association, for the improvement or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences or walks erected, or to be erected, upon the lands of such cemetery association, or upon the lots or plats of any of the proprietors, or for the repair, preservation, erection or removal of any tomb, monument, gravestone, fence, railing or other erection on or around any cemetery, lot or plat; or for planting or cultivating trees, shrubs, flowers or plants in or around any such lot or plat, or for improving or embellishing such cemetery, or any of the lots or plats in any other manner or form consistent with the design and purposes of the association, according to the terms of such grant, devise or bequest. Sec. 10. The cemetery lands and property of any association formed pursuant to this Act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution or be applied in payment of debts due from any individual proprietors; but the proprietors of lots or plats in such cemeteries, their heirs or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purpose of a cemetery; and during that time no street, road, avenue or thoroughfare shall be laid through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the consent of the trustees of such association and of four fifths of the lot owners. Sec. 11. Whenever the said lands shall be laid off into lots or plats, and such lots or plats, or any of them, shall be transferred to individual holders, and after there shall have been an interment in a lot or plat so transferred, such lot or plat, from the time of such interment, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor thereof, descend to the heirs at law of such holder or proprietor, and to their heirs at law forever; |
Penalty for wilful injury to Cemetery, etc.
Embelishing etc.
Exempted from taxation.
Laid off in lots. |
κ1864 Statutes of Nevada, Page 180 (CHAPTER 58)κ
|
Proviso.
Proviso.
Former purchasers. |
and to their heirs at law forever; provided, nevertheless, that any one or more of such heirs at law may release to any other of the said heirs at law his, her, or their interest in the same, on such conditions as shall be agreed on and specified in such release, which release shall be recorded with the County Recorder of the county within which the said cemetery shall be situated; and provided further, that the body of any deceased person shall not be interred in such lot or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot or plat, or the relative of some person having such interest, or the wife of such person, or her relative, except by the consent of all persons having an interest in such lot or plat. Sec. 12. In case the grounds purchased for cemetery purposes, in accordance with section seven of this Act, shall have been used as a cemetery previous to such purchase, then, those who are lot owners at the time of the purchase shall have, and be entitled to, all the privileges they would be entitled to by purchase from a corporation formed as aforesaid. |
________
|
Franchise
Proviso.
Proviso
Person of existence.
Conditions |
Chap. LIX.An Act authorizing the Construction of a Railroad from Virginia City to the Truckee River.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. John H. Mills, John Gillig, A. K. Grim, M. C. Hillyer, A. W. Baldwin, John H. Atchison, A. D. Treadway, J. B. Winters, I. E. James, H. F. Rice, and their assigns, are hereby granted the right to lay out, construct, maintain and operate, a single or double track railroad, in this State, beginning at or near Virginia City, and to run thence by the most practicable route to or near the Half-way House, on the Virginia City and Carson City road; thence from a point near said Half-way House, by the most practicable route, through Washoe Valley, passing through or near Washoe City, to whatever point said persons may select, at or near Fullers crossing on Truckee River; provided, that a branch shall be built from a point on the main road nearest Carson City to said city; provided, further, that the route hereby granted to the foregoing persons and their assigns, shall not in any manner interfere with the route of the Central Pacific R. R. Company, as already preliminarily surveyed Sec. 2. The persons hereinbefore mentioned, and their assigns, shall have the right and privilege aforesaid, of operating and maintaining the said railroad for the period of fifty years from and after the date of the passage of this Act. Sec. 3. Said persons and their assigns, shall, within six months from the passage of this Act, cause to be made the necessary preliminary surveys, and also a locating survey, fixing, as nearly as may be, the exact location of the route of said |