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κ1864 Statutes of Nevada, Page 181 (CHAPTER 59)κ
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road, a description of which shall be, at said time, filed in the office of the Secretary of State, and shall within one year thereafter complete the grading of at least ten miles of said road, and within two years shall complete the grading of the whole road, between the termini above named, and within three years shall complete the entire road between said points, and place the rolling stock upon the same, and have the same, in all respects, ready for the transportation of freight and passengers from Virginia City to Truckee River, and intermediate points. In the event of said persons complying with the conditions above named, and not otherwise, they, and their successors and assigns, shall have the privilege of maintaining and operating a railroad between said points for the above named period of fifty years, and during said period no other parallel railroad shall be built westwardly from Virginia City within one thousand feet of the said road of said persons between the termini named in this Act. Sec. 4. Said persons are hereby authorized to cross, intersect, join and unite their railroad, at any point upon its route, with any railroad heretofore constructed, or hereafter to be constructed, and upon the grounds of such other railroad company, with the necessary turnouts, sidings, switches, and other conveniences, in furtherance of the objects of such connections, and in case the Central Pacific R. R. shall be built easterly from California, or any other railroad shall hereafter be built eastwardly from or near Placerville, in the State of California, or from or through Esmeralda, Douglas, or any other counties in this State, it shall be the duty of said persons to allow such railroad to connect with the railroad to be built by said persons, at a point at or near Carson City, or at any other point along the line of said road, in the manner heretofore provided in this section; and the persons mentioned in the first section of this Act shall deduct twenty-five per cent. from their regular rates of toll on all freight that may pass over the road of said persons from such road, from or near Placerville, or from or through Esmeralda or Douglas counties aforesaid; provided, that such freight shall be conveyed in the cars of the last above mentioned road, and without expense to the persons herein named, except for motive power in conveying such freight. Also, to construct their said railroad along or upon any stream of water, street, road, avenue, or highway, or across any railway, canal, ditch, or flume, street, road, avenue, or highway, which the route of the same shall intersect, cross or run along, in such manner as to afford security to life and property; provided, that no street, or any portion thereof, shall be appropriated by said company, until the right of way shall be first obtained from the authorities of any town or city through which said road shall pass; said persons are further empowered to take, transport, and convey persons and property or freight on their said railroad, by the force and power of steam, of animals or other power, or by any combination of the same; also, to collect and receive a uniform rate of tolls and compensation therefor; also, regulate the time and manner in which passengers and property shall be transported over or upon the said road, and the tolls and compensations to be paid therefor, and to make all needful and proper rules and regulations for the management of their business, the working of their road, and the regulation and speed of the locomotives, trains, and other machinery connected with the same. |
Powers and privileges. |
κ1864 Statutes of Nevada, Page 182 (CHAPTER 59)κ
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Same.
Right of way.
Same. |
and to make all needful and proper rules and regulations for the management of their business, the working of their road, and the regulation and speed of the locomotives, trains, and other machinery connected with the same. Said persons shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice, and shall furnish sufficient accommodations for the transportation of all passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting, and at the junctions of their railroads, and at stopping places established for receiving and discharging way passengers and freight, and shall take and transport and discharge such passengers and property at, from and to such places, on the due payment of freight and fare established and authorized by said persons or their assigns. Sec. 5. The persons hereinbefore mentioned, and their assigns, shall have the right of way, two hundred (200) feet in width upon, or over lands in this State, upon which to survey and build and lay down their said railroad; also, shall have sufficient space, or room, upon such lands, for turnouts, sites for buildings, conduits and tanks; also, sites for machine and other shops, depots and storehouses, and such lateral tracks as may be required for the same. And the said persons shall have the right to enter upon all such lands, and to take and hold the same, and remove all obstructions therefrom whenever it may become necessary for them so to do, after making or securing compensation therefor, as hereinafter provided; also, to enter upon any land adjoining said railroad, or near the same, and obtain therefrom gravel, stone, timber and other materials, such as may be necessary for the construction of said road. Whenever the same, or any lands or water or timber may be required by said persons for their use in the construction, as aforesaid, of their road, and the same shall belong to individuals, or companies, and shall not be donated or granted to said persons, the compensation to be paid therefor shall be determined as follows: Said persons shall appoint one commissioner, and the owner or owners of property so injured shall appoint one commissioner, which two commissioners shall select a third, whose duty it shall be, as soon as practicable, after they shall have been appointed, to proceed to assess the damages which may be sustained by the several owners of the land through which the said road is located. The said persons shall give thirty days notice of their application for the appraisement by such commissioners, in one or more newspapers published in each of the counties through which said road may run; and when no newspaper is published in any of said counties, then the said notice shall be posted the same length of time in three public places in the said county; and the said commissioners shall cause ten (10) days notice to be given of their meeting to make such appraisement of damages sustained by persons through whose lands such road shall pass, by publication or otherwise, to the owner or owners thereof; and if said owner or owners of the same shall be a minor, or insane person, such notice shall be given to their guardian or guardians. Either party feeling aggrieved by the decision of said commissioners, may appeal to the District Court of the district in which said land may be situated, |
κ1864 Statutes of Nevada, Page 183 (CHAPTER 59)κ
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the District Court of the district in which said land may be situated, and said appeal shall be tried in the same manner as if commenced therein; provided, said persons shall not in any way be delayed in the construction of said road by such appeal, but may proceed, without detention or delay, with such construction, upon paying into the office of the clerk of said court the amount of money awarded to the owner or owners of said land, and filing a bond with the said clerk to said owner or owners, binding them to pay such sum of money as may be finally awarded against them. Sec. 6. The said persons, or their assigns, shall place, in a conspicuous place, signs at all points where the said road shall cross any public thoroughfare, and cause timely notice, in the usual manner, of the approach and crossing of any cars or engine over said road, and also upon entrance into any town, city, or settlement. Sec. 7. Whenever the individuals named in section one of this Act, or a majority of them, (in case a minority refuse to incorporate,) shall form themselves into an incorporation, under any general incorporation law of this State, all the rights, privileges and franchises, hereby conferred upon said individuals, shall pertain and belong to said corporation, upon the same conditions herein imposed upon said individuals. Sec. 8. No person, or persons, of known disloyalty, shall be an assignee, or assignees, of the persons named in the first section of this Act; and any assignment or conveyance of the interest, privileges, or franchises, granted by this Act to the persons named in the first section of this Act, made to such disloyal person, or persons, shall be deemed and held to be void. __
This is to certify, that Senate Bill No. 20, an Act authorizing the construction of a railroad from Virginia City to the Truckee River, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Ayes, thirteen (13); nays, three (3.) J. S. CROSMAN, President of the Senate. L. B. Moore, Secretary of the Senate. __
This is to certify, that Senate Bill No. 20, an Act authorizing the construction of [a] railroad from Virginia City to the Truckee River, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Ayes, twenty-nine; nays, two. C. W. TOZER, Speaker of the Assembly. U. E. Allen, Clerk of the Assembly. |
Same.
To place signs, and give notice at crossings.
Privileges, when incorporated.
Transfer void when made to disloyal persons. |
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κ1864 Statutes of Nevada, Page 184κ
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Challenges for cause.
Proviso. |
Chap. LX.An Act to amend an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act to amend an Act to regulate proceedings in the Courts of Justice in this Territory, approved February twentieth, one thousand eight hundred and sixty-four.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eighteen of an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act to amend 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 so as to read as follows: Section Eighteen. Section one hundred and sixty-two of said Act is hereby amended so as to read as follows: Challenges for cause may be taken on one or more of the following grounds: First, a want of any of the qualifications prescribed by statute to render a person competent as a juror. Second, consanguinity or affinity within the third degree of either party. Third, standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either party, or being security on any bond or obligation for either party, or being a member of the family of either party, or a partner in business with either party. Fourth, having served as a juror, or been a witness on a previous trial between the same parties, for the same cause of action. Fifth, interest on the part of the juror in the event of the action, or in the main question involved in the action, except the interest of the juror, as a member or citizen of a municipal corporation. Sixth, having formed or expressed an unqualified opinion or belief as to the merits of the action, or the main question involved therein; provided, that the reading of newspaper accounts of the subject matter before the court shall not disqualify a juror either for bias or opinion. Seventh, the existence of a state of mind in the juror, evincing enmity against, or bias to, either party. |
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κ1864 Statutes of Nevada, Page 185κ
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Chap. LXI.An Act to amend an Act of the Legislature of the State of Nevada, entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January twenty-six, one thousand eight hundred and sixty-five.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-eight of an Act of the Legislature of the State of Nevada, entitled An Act concerning the courts of justice of this State, and judicial officers, approved January twenty-sixth, eighteen hundred and sixty-five, (1865), to which this Act is amendatory, is hereby amended so as to read as follows: Section Forty-eight. A Judge of the Supreme Court, or of the District Court, shall not absent himself from this State for more than ninety consecutive days. A violation of the provisions of this section shall work a forfeiture of such office. |
Judges not to absent themselves from the State for more than ninety days.
Violation to forfeit office. |
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Chap. LXII.An Act supplemental to 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, approved February fourteenth, one thousand eight hundred and sixty-five.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby authorized and required to draw his warrants on the State Treasurer in favor of the persons, or their assigns, and for the sums herein named, as follows: Robert Howland, for the sum of three hundred dollars; George Bence, for the sum of five hundred and sixty-seven dollars and fifty-two cents; C. Seth, for the sum of two hundred and fifty dollars; E. B. Rail, for the sum of four hundred and forty-five dollars and thirty-seven cents; J. Rosenstock and Price, for the sum of two hundred and ninety-eight dollars and forty-eight cents; Amiraux and Bowie, for the sum of thirty dollars and twenty-five cents; A. Ash, for the sum of twenty-seven dollars; and O. Cromwell, for the sum of ninety-six dollars; and Mason Huff & Co., for the sum of eleven hundred and eighty-five dollars and forty-nine cents. The same being the amount of the several sums due to the persons herein named, and the said sums shall be paid out of the three thousand two hundred dollars and eight cents mentioned in, and according to, the provisions of section thirteen of the Act to which this Act is supplemental; provided, that said persons shall first surrender to the State Controller a Territorial warrant, or warrants, against the State or Territorial Prison fund, equal in amount to the warrants herein authorized to be issued. |
State Controller required to draw warrants in favor of certain persons. |
κ1864 Statutes of Nevada, Page 186 (CHAPTER 62)κ
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Proviso.
Treasurer required to pay warrants. |
shall first surrender to the State Controller a Territorial warrant, or warrants, against the State or Territorial Prison fund, equal in amount to the warrants herein authorized to be issued. Sec. 2. The State Treasurer is hereby authorized and required to pay said warrants out of any moneys in the treasury, as contemplated by section thirteen of the said Act. |
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Warrants classed.
Preference given to first class. |
Chap. LXIII.An Act to amend an Act entitled An Act to provide for the Payment of the Outstanding Warrants of Storey County, approved February the fourteenth, one thousand eight hundred and sixty-five.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of the Act of which this is amendatory is hereby amended so as to read as follows: Section Six. All outstanding warrants of said county are hereby divided into two classes. All warrants issued prior to the twenty-fifth day of July, a. d. 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 to bids on first class warrants, over and above the lowest bid on second class warrants, of fifty cents on the dollar, taking the principal and interest of the second class warrant, or warrants, named in such lowest bid, as the basis upon which to compute the said fifty per centum. |
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Certain corporations may remove their place of business to Esmeralda county. |
Chap. LXIV.An Act to provide for the Removal of certain Incorporated Companies to this State by their own election.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any corporation which, prior to the running of the boundary line between the Territory of Nevada and the State of California, may have been formed in the State of California for mining and milling purposes, and which may, prior to the passage of this Act, have been engaged in mining or milling, or both, for the reduction of ores, within the present limits of the county of Esmeralda, in this State, and which may, at any time after the passage of this Act, file its certificate of incorporation in the office of the County Clerk of said county, |
κ1864 Statutes of Nevada, Page 187 (CHAPTER 64)κ
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of incorporation in the office of the County Clerk of said county, and a certified copy of the same in the office of the Secretary of State, and which shall also remove its principal place of business to the said county of Esmeralda, shall, from the time of such filing and removal, be deemed to have been formed under the laws of this State, and invested with the same powers, and subject to the same restrictions, as other corporations formed for mining and milling purposes under the laws thereof. Sec. 2. All liabilities incurred, or rights of actions accrued to said corporations in the State of California prior to the passage of this Act, may be prosecuted or defended by such corporation in the courts of this State in the same manner, and with like effect, as though the same had originally accrued, or been incurred, within this State. Sec. 3. Nothing in this Act shall be construed so as to compel or enforce the removal of any corporation as aforesaid, and all removals of corporations shall be by their own election. Sec. 4. All laws and parts of laws that are in consistent with, or repugnant to, the provisions of this Act, are hereby repealed. |
May prosecute or defend.
Removals to be by their own election.
Repeal. |
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Chap. LXV.An Act authorizing the Payment of Expense incurred in Telegraphing State Constitution.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three thousand four hundred and sixteen dollars and seventy-seven cents is hereby appropriated from any moneys which may come into the public treasury, not otherwise specially appropriated, in coin, to pay the charge for telegraphing the Constitution of Nevada from Carson City to Philadelphia; the claim therefor having been duly allowed by the Board of State Examiners. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant on the State Treasurer, in favor of the California State Telegraph Company, for the above amount, payable as aforesaid, and the State Treasurer is hereby authorized and directed to pay the same out of any moneys, not otherwise specially appropriated, which may come into the treasury as aforesaid. Sec. 3. This Act shall take effect, and be in force, from and after its passage. |
Appropriation.
Controller directed to draw warrant. |
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κ1864 Statutes of Nevada, Page 188κ
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Masonic and Odd Fellows Grand and Subordinate Lodges incorporated
Powers granted.
Powers vested in Board of Trustees.
Certificate of election or appointment |
Chap. LXVI.An Act to Incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their Subordinate Lodges in this State.
[Approved March 3, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Grand Lodge of the Ancient Order of Free and Accepted Masons, in the State of Nevada, and its subordinate lodges, and the Grand Lodge of the Independent Order of Odd Fellows, in the State of Nevada, and its subordinate lodges, shall be deemed bodies corporate and politic; the Grand Lodges, from the date of their organization, and by their corporate names; the lodges subordinate thereto, from the date of their charters from their respective Grand Lodges, and by the names and numbers given therein. Sec. 2. The said Grand Lodges, and their subordinate lodges, shall have power in their corporate capacity-First, to sue, or be sued, in any court having competent jurisdiction; Second, to make and use a common seal, and to alter the same at pleasure; Third, to acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the charitable purposes of said Grand Lodges, or the subordinate lodges thereof; or for the establishment and endowment of a college, school or schools, hospital or hospitals, cemetery or cemeteries, in said State; and for the necessary uses, purposes, and ceremonies of said Order; Fourth, to elect or appoint, according to their respective regulations and customs, not less than three, nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and transact all business relative thereto; Fifth, and generally be entitled to all the rights, privileges and immunities, usually had or enjoyed by such corporations. Sec. 3. The corporate powers of said Grand and subordinate lodges shall be vested in a Board of Trustees, elected or appointed as provided in section one of this Act, said Board being subject to such rules and regulations as may be adopted, according to the uses and customs of said Orders, for the government of said Boards of Trustees. They shall hold office until their successors are appointed or elected, and the certificate filed, as provided in section four of this Act. Vacancies in the Board of Trustees shall be filled as provided by the regulations of said Grand or subordinate lodges. Said trustees shall give such bonds as may be required of them, conditioned for the faithful performance of their duties. Sec. 4. Upon the election or appointment of trustees, as provided in this Act, a certificate of such election or appointment shall be executed by the person, or persons, making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the clerk of the county in which the subordinate lodge is located, or, in the case of the Grand Lodges, in the office of the Secretary of State. |
κ1864 Statutes of Nevada, Page 189 (CHAPTER 66)κ
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in the office of the clerk of the county in which the subordinate lodge is located, or, in the case of the Grand Lodges, in the office of the Secretary of State. Sec. 5. Where any subordinate lodge, hereby incorporated, shall be dissolved by its own act, or the forfeiture of its charter, according to the rules, regulations, constitution or customs of the Grand Lodge to which it is subordinate, the property, real and personal, belonging to said subordinate lodge, shall revert to, and become the property of the Grand Lodge of which it was a subordinate lodge, subject to the conditions of any bequest or grant under or through which said subordinate lodge became the owner of said property; provided, that all just and equitable indebtedness of said subordinate lodge shall be paid before said reversion, and that the said Grand Lodges shall not be liable for any indebtedness of any of its subordinate lodges. Sec. 6. It shall be the duty of the said Board of Trustees, annually, to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation, to such grand or subordinate lodge, a copy of which shall be filed in the office in which, according to section four, their certificate of election or appointment has been filed, with an affidavit of the truth of said report. |
Property of Subordinate Lodge to revert to Grand Lodge when dissolved.
Proviso.
Duty of Board of Trustees. |
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Chap. LXVII.An Act to provide for organizing and disciplining the Militia of the State.
[Approved March 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, as Commander-in-Chief of the Militia of the State, shall issue commissions to all officers appointed or elected under the provisions of this Act; the military staff of the Commander-in-Chief shall consist of one Adjutant General, with the rank of Brigadier General; three Aids-de-Camp, with the rank of Lieutenant Colonel; one Chief Engineer, one Paymaster General, one Judge Advocate General and one Surgeon General, each with the rank of Colonel. Sec. 2. The Adjutant General shall be appointed by the Commander-in-Chief, by and with the advice and consent of the Senate; and shall hold his office for the same term as the Governor of [the] State; he shall be ex officio Quartermaster General, Commissary General, Inspector General and Chief of Ordnance; he shall receive a salary of two thousand dollars annually, to be paid out of moneys appropriated for that purpose; he shall reside at the seat of Government, and shall keep his office open for the transaction of business every day (Sundays excepted), from ten oclock a. m. to three oclock p. m. Sec. 3. Other officers of the general staff, and all other officers of the staff of the Commander-in-Chief, shall be appointed by the Governor, and shall continue in office for the same term as the Governor, or at his pleasure, except as hereinafter provided, for officers called into the service of the United States. |
To issue Commissions
Adjutant General.
Salary.
Residence.
Appointments.
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κ1864 Statutes of Nevada, Page 190 (CHAPTER 67)κ
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Appointments.
Staff officers.
Other staff officers, how appointed.
Issuance of Commission. |
as the Governor, or at his pleasure, except as hereinafter provided, for officers called into the service of the United States. Sec. 4. There shall also be appointed by the Commander-in-Chief, by and with the advice and consent of the Senate, one Major General to each division, and one Brigadier General to each brigade, who shall hold their offices for the term of four years, and until their successors are appointed and qualified, except as hereinafter otherwise provided. Sec. 5. The staff of each Major General of Division shall consist of one Assistant Adjutant General, with the rank of Lieutenant Colonel; two Aids-de-Camp, with the rank of Major; one Engineer Officer, one Ordnance Officer, one Quartermaster, one Commissary, one Paymaster, one Division Inspector, one Judge Advocate and one Surgeon, with the rank of Lieutenant Colonel; and four Staff Orderlies, with the rank of Sergeant Major. The staff of the Adjutant General shall consist of one Aid-de-Camp, with the rank of Captain. The staff of each General of Brigade shall consist of one Assistant Adjutant General, with the rank of Major; one Aid-de-Camp, with the rank of Captain; one Engineer Officer, one Ordnance Officer, one Quartermaster, one Commissary, one Paymaster, one Brigade Inspector, one Judge Advocate and one Surgeon, with the rank of Major; and two Staff Orderlies, with the rank of Sergeant Major. The staff of a Colonel of a regiment, and a Lieutenant Colonel, or a Major commanding a battalion, as hereinafter provided, shall consist of one Adjutant and one Assistant Surgeon, each with the rank of First Lieutenant, and one Sergeant Major, to be appointed by such Commanding officer, the Adjutant being selected from the line as in the United States Army. Sec. 6. The Generals of Division and Brigade, and the Adjutant General, shall appoint the officers of their respective staffs; but those appointed by Generals of Division and Brigade must be residents of their respective divisions and brigades. Any officer of a regiment, battalion or company, receiving and accepting any staff appointment, except that of Adjutant, shall be considered as ipse facto resigning his commission in such regiment, battalion or company. All such staff officers will continue to hold their office until their successors shall have been appointed and commissioned, except as is herein otherwise provided for troops called into active service. Sec. 7. All military officers appointed or elected under the laws of this State shall be commissioned by the Governor, and each commission shall be countersigned by the Secretary of State, and attested by the Adjutant General, or officer acting in his place; and the officer so commissioned shall take the oath of office prescribed by the Constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be indorsed on each commission, and a certified copy of the same shall be made out by the officer administering it, and delivered to the officer taking it, and by him transmitted to the Adjutant General; and the commission shall be deemed as taking effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion the oath need not be renewed, and the commission shall take effect from its date. |
κ1864 Statutes of Nevada, Page 191 (CHAPTER 67)κ
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from its date. Commissions shall run at the pleasure of the Commander-in-Chief, except as is herein otherwise provided. Sec. 8. It shall be the duty of the Adjutant General to take charge of, and to carefully guard and preserve and to account for [all arms, accouterments, ammunition, ordnance stores and other military property, belonging to this State, or granted to it by the Congress of the United States. He shall visit annually the several military divisions, as hereafter enumerated in the provisions of this Act, for the purpose of inspecting and reviewing the troops of said divisions; a report of which shall be made in full to the Governor of the State. He shall keep and file in his office all returns, reports and military correspondence made by him, in accordance with the provisions of this Act. He shall also keep an account of all moneys received and expended by him. The manner of keeping these accounts and papers, when not otherwise provided by law, shall be directed by the Commander-in-Chief, and they shall be always subject to his inspection. He shall, on or before the second Monday in December, of each year, make to the Governor, to be by him laid before the Legislature, a report of all the transactions of his department since his last annual report, containing: First-An account of all moneys received and expended. Second-An account of all arms, accouterments, ammunition, ordnance stores and military property of every description, belonging to the State; from what source received, to whom issued, or how expended and by whose order. Third-A statement of the present condition of all such property under his charge, and if any such property shall not be under his charge, he shall state in whose possession the same may be. Fourth-The number, strength and condition of the organized militia, and the strength of the enrolled militia of the State. He shall also make and transmit an annual return of the militia of this State, pursuant to the requirements of the Act of Congress of March second, eighteen hundred and three, to the President of the United States; a copy of which, duly certified, he shall lay before the Commander-in-Chief of this State. He shall also perform all other duties appertaining to his office, or which may be enjoined on him by law. He shall be the medium of military correspondence with the Commander-in-Chief. Sec. 9. Before entering upon the duties of his office, he shall give bonds to the people of the State of Nevada, with good and sufficient sureties, to be approved by the Governor, in the sum of twenty-five thousand dollars, conditioned that he shall faithfully perform all the duties enjoined on him by law. If at any time the Governor shall deem the sureties so given to be insufficient, he shall require the Adjutant General to give new sureties, to be approved by him; and if the Adjutant General shall refuse or neglect to do so, the Governor shall suspend him from office, and immediately report his proceedings to the Senate, if the Legislature be in session, and, if not, then at the beginning of the next session; and if the Senate approve such suspension it shall be regarded as a removal from office, but if the Senate disapprove of the suspension the Adjutant General shall resume the duties of his office. During the time of his suspension from office, he shall receive no portion of his salary, but if such suspension be disapproved, he shall receive his back pay. |
Duty of Adjutant General.
Bond of Adjutant General.
Suspension. |
κ1864 Statutes of Nevada, Page 192 (CHAPTER 67)κ
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Governor to appoint.
State property.
Who subject to military duty.
Who exempt
Duty of Assessor.
Duty of Board of Equalization
Penalty for neglect of duty. |
Sec. 10. During the suspension of the Adjutant General from office, or his absence, or inability from any cause to perform his duties, the Governor may appoint some competent person to perform the duties of Adjutant General ad interim. Sec. 11. On the expiration of his term of office, the Adjutant General, or the person performing his duties ad interim, will turn over to his successor, in good order, all arms, ordnance, ordnance stores, and other property belonging to the State, and all the books, papers, bonds, and money in his charge, and pertaining to his office. Sec. 12. Every free, able-bodied, white male inhabitant of this State, between the ages of eighteen and forty years, not exempt by law, shall be subject to military duty, and shall be organized and enrolled as hereinafter directed. Sec. 13. The following persons are exempted from military duty and enrollment: All ministers of religion, having a license or written evidence, according to the rules of their particular persuasion or organization that they are such ministers; all civil and military officers of the United States; all officers of foreign governments; all civil officers (including members of the Legislature) of the State of Nevada; all persons who have been wounded in the service of the State or of the United States, and all persons exempted from military duty by the laws of the United States. Sec. 14. The District or County Assessor of each and every revenue district or county in this State, shall, at the same time in each year, when he prepares a roll containing the taxable inhabitants of his district or county, enroll all the inhabitants of his district or county subject to military duty, which list or roll shall be sworn to by him, and be delivered to the clerk of the Board of Commissioners, in the same manner, and at the same time, as is provided by law for the civil tax list or assessment roll, and the clerk of Board of Commissioners shall keep the same open for inspection, as is provided by law for the civil assessment roll. Sec. 15. The Board of Equalization shall correct the said military assessment roll, at the same time, and in the same manner, as is prescribed by law for the correction of the civil tax list; and it shall be the duty of the said clerk to deliver to the Brigadier General of the brigade to which his county belongs, or to the Adjutant General of the State, a triplicate of said list, certified by him, within ten days after the Board of Equalization shall have completed their corrections; and the compensation allowed for making out said military list shall be the same, or be determined and fixed in the same manner, as for making out the assessment list. Sec. 16. If any Assessor shall neglect or refuse to perform any of the duties required of him by this Act, he shall be subject to the same penalties, liabilities and punishments, as is provided by law for a neglect or refusal to perform any of the duties required of him, for the assessment of the civil taxes; and moreover, he shall forfeit and pay the sum of not less than three hundred, and not more than one thousand, dollars, to be sued for in the name of the State of Nevada, by the District or Prosecuting Attorney of the respective county, and recovered in the name of the State of Nevada, |
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in the name of the State of Nevada, and paid into the military fund of the State; and if the clerk of the Board of Equalization shall neglect or refuse to make and deliver to the Brigadier General of the brigade to which his county belongs, or to the Adjutant General of the State, the triplicate of the military assessment roll, as directed in this Act, he shall forfeit and pay the sum of not less than two hundred and not more than five hundred dollars, to be sued for and recovered in the same manner as is provided in this section with respect to the Assessor. Sec. 17. Whenever a sufficient number of persons, by the provisions of this Act, citizens of any county of this State subject to military duty, shall subscribe to a call for the organization of a volunteer company, the District Judge of said county, upon due application of the persons who have subscribed as above, shall appoint some suitable person, resident of the county, to open a book in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting, for the purpose of organization, by giving ten days notice thereof, by publication in some newspaper, or by posting notices in at least three public places in the county. Sec. 18. The person so appointed shall preside at said meeting, and organize the same; he shall superintend the election of the officers of said company, which election shall be by ballot, and shall require a majority of all the votes of the company to elect an officer; he shall make out, after said election shall have been determined, a list of the persons so volunteering, a certificate of each officer so elected, and transmit them to the Adjutant General of the State, together with a copy of the proceedings of said meeting, and a copy of his appointment, and of the notice of said meeting, duly certified by him, and if it shall be found that such company has been organized, and such officers elected in conformity with the provisions of this Act, such company shall be listed in the office of the Adjutant General, as a company of the organized volunteer militia of this State, and the officers so elected shall be commissioned by the Commander-in-Chief, who shall hold their respective offices for the term for which they were elected. Sec. 19. The volunteer or independent companies shall be armed and equipped in the same manner as similar corps in the army of the United States, and shall consist of the following officers, non-commissioned officers and privates, viz: To each company of cavalry, one captain, one first and two second lieutenants, four sergeants, four corporals, one saddler, one farrier, one trumpeter, and not less than forty, nor more than eighty privates. To other companies, there shall be one captain, one first and two second lieutenants, four sergeants, four corporals, one drummer, one fifer, and not less than forty, nor more than eighty privates; excepting light batteries, who shall be allowed one hundred active members each, and such officers as are allowed in the United States service. Sec. 20. Volunteer companies and battalions may adopt a constitution and form by-laws, rules and regulations, not inconsistent with the Constitution of the United States, or of this State, for the government of their members and for their improvement in military science. It shall be the duty of the acting orderly sergeant of the company, |
Volunteer companies.
Presiding officer.
What number to compose a company.
Constitution. By-laws. |
κ1864 Statutes of Nevada, Page 194 (CHAPTER 67)κ
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Application for arms.
Bonds.
Armories.
Arms to be returned. |
acting orderly sergeant of the company, and sergeant major of the battalion, to keep a perfect and complete record of the constitution, by-laws, rules and regulations of his company or battalion, which shall be signed by the captain or commander, and countersigned by the orderly sergeant or sergeant major, and said record shall at all times be subject to the inspection of any member of the company or battalion, and all military officers or persons interested therein; and if any member of such volunteer company or battalion shall fail to comply with the provisions of such constitution, by-laws, rules and regulations, he may be expelled from such company or battalion, and his name erased from its roll. Sec. 21. When any volunteer company shall be organized according to law, the commanding officer thereof may apply to the Commander-in-Chief, through the proper military authorities, for such arms and accouterments, or stores, as may be required; such application being first submitted to the District Judge, and receiving his approval, which shall be indorsed thereon. If the Commander-in-Chief shall approve such application, or any part thereof, he shall give an order, upon the back thereof, directing the issue by the Adjutant General, who shall immediately notify the officer making such application, and the District Judge who approved it, that the arms and accouterments, or stores, mentioned in such application, or any portion thereof, are ready for issue; and thereupon, it shall be the duty of such officer to give such bonds and security as may be deemed requisite by the District Judge to secure the county from loss on account of use, or misapplication, of such arms or equipments, or other stores; and on due notification from such District Judge that such bonds have been given to his satisfaction, and on receiving triplicate receipts from such officer, the Adjutant General shall make the issue. He shall file one copy of such receipts in his office, and transmit the other two, one to the Controller of State, and the other to the County Clerk of the county to which such volunteer company belongs. Sec. 22. It shall be the duty of the Board of Commissioners of any county in which public arms, accouterments, or military stores are so received, to provide, at the cost of the county and payable out of the general fund, a suitable and safe armory, or armories, for the organized volunteer companies within the limits of said county. Sec. 23. The Commander-in-Chief shall have authority to demand and receive back from any county, or from any portion of the military force of this State, any arms, equipments, military stores or other property, belonging to the State, which may be in the possession of any such counties or military force; and when such arms, equipments, military stores, or other property shall again come into the possession of the Adjutant General, or other officer designated by the Governor to receive them from such counties, or military forces, to which they have been issued, as above provided, it shall be the duty of the Adjutant General, or officer so appointed, to receipt for the same, which receipt shall be triplicate, one copy to be filed in the office of the County Clerk, one in the office of the Adjutant General, and the third in the office of the Controller of State. |
κ1864 Statutes of Nevada, Page 195 (CHAPTER 67)κ
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Sec. 24. All arms, equipments, and military stores, issued as hereinbefore provided, shall at all times be subject to examination by the inspectors and ordnance officers of the State, and of any other officer designated by the Commander-in-Chief for that purpose, and if such officer shall find any of such public property out of repair, injured, or defective, he shall immediately notify the Board of County Commissioners of the facts, and report the same, through the proper channels, to the Commander-in-Chief, who, if the damage shall not be repaired and the defects or losses supplied within a reasonable time, shall order the same to be done under the direction of some officer, and the vouchers for the expense thereof shall be duly examined and audited by the State Board of Military Auditors, and paid, on the draft of the Controller of State, out of the military fund. Sec. 25. It shall be the duty of the Controller of State to charge the value of all arms, equipments, and military stores, issued as above provided, to the counties, to the military companies, in which such public property shall be issued; and all expenses of repairs of damage and defects, as provided in the foregoing section, and double the value of any arms, accouterments, and military property, which such counties, or such military companies, shall have failed to return to the State, on the demand of the Governor. At the close of each fiscal year he shall settle the account of each county with reference to such issues and military charges, and the amount so found due shall, on the requisition of the Controller of State, be assessed at the time of the next annual assessment as a part of the county taxes, and be collected in such county in the same manner as the ordinary taxes, and shall be paid into the State Treasury as a part of the military fund of the State. Sec. 26. The transportation of all arms, equipments, and military stores, issued to troops, or received by the State, under the provisions of this Act, shall be contracted for, under the direction of the Commander-in-Chief, by the Adjutant General, and the vouchers for such transportation, when audited by the State Board of Military Auditors, shall be paid from the military fund, on the warrant of the Controller. Sec. 27. No public arms, equipments, or military stores, of any kind, shall hereafter be issued to any person not a member of the organized volunteer militia, or of the enrolled militia called into active service, except in time of war, insurrection, or public danger so imminent that the Commander-in-Chief shall consider that the public safety requires him to make such issue; in which case an accurate account shall be taken of such issues, and to whom they are made. Sec. 28. Within ninety days from the passage of this Act each and every officer of volunteer companies now organized having in his possession any arms, equipments, and military stores, belonging to the State, shall give to the county in which he resides good and sufficient bonds, to be approved by the District Judge, to secure the county from loss on account of the use or misapplication of the same, and the officer so giving bonds to the county shall, together with his sureties, be released from his liabilities for the same property on any bond heretofore given by him and them to the State, |
Arms, etc., subject to inspection.
Duties of Controller.
Transportation of arms.
When arms to be issued.
Bonds of officers. |
κ1864 Statutes of Nevada, Page 196 (CHAPTER 67)κ
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Penalty for using State arms.
To publish notice.
Regiment and its officers.
Duties of commanding officers. |
fore given by him and them to the State, and the same shall be charged, as hereinbefore directed, to the said county; and after the expiration of the said ninety days no person shall retain, or have in his possession at any time, any arms, equipments, or military stores of any kind, belonging to the State, unless they have been properly issued to such person in pursuance of law, and he shall be permitted, by proper authority, to retain the same in the discharge of a public duty; and no person shall use any public arms, equipments, or military stores, belonging to the State, for his private use, under penalty, in either of the above cases, of not less than five, nor over fifty dollars, for each offense, to be recovered, in case of a member of the organized militia, or of the enrolled militia in active service, by sentence of a court martial; or, in case of any other person, by suit, in the name of the State of Nevada, by the District or Prosecuting Attorney of the county, before any court of competent jurisdiction; and the money so recovered shall be paid into the treasury as a part of the military fund of the State. Sec. 29. Any number of organized volunteer companies, not less than three, nor more than eight, may form themselves into a volunteer battalion by giving notice of such intention through their commanding officers, to the General of their brigade, who shall appoint some suitable officer to hold an election of the officers of such battalion; and the officers so appointed shall fix a time and place for such election, by giving ten days notice thereof, by publication in some newspaper, or by posting notices in at least three public places in the county. Such election shall be by ballot, by a majority of the commissioned officers of the volunteer companies calling for the organization of the battalion. The officer so appointed to hold the election shall preside over and superintend such election, and as soon as it shall have been determined, he shall make out certificates of election to the officers so elected, and a certified account of the proceedings of said meeting, with a certified copy of the notice of said meeting, all of which he shall transmit to the Brigadier General of the brigade, who shall transmit them, with a certified copy of the appointment of such officer to hold the election, to the Adjutant General of the State, through the ordinary channels of military correspondence. Sec. 30. A battalion of eight companies shall be deemed a regiment, and shall elect one Colonel, one Lieutenant Colonel and one Major; a battalion of more than four and less than eight companies, shall elect one Lieutenant Colonel, who shall be the commanding officer, and one Major; and a battalion of three or four companies shall elect one Major, who shall be the commanding officer. Sec. 31. It shall be the duty of each and every commanding officer of any volunteer company in this State, on or before the last Mondays of March and September, of each year, to muster his company, and to make out in triplicate, muster rolls, setting forth the name and number of the members of his company; the officers, in the order of their rank, and the privates in alphabetical order, and stating at the foot of such muster roll a list of all arms, accouterments, ordnance and ordnance stores and other property belonging to the State in his possession; one of which muster rolls, duly certified, he shall transmit through his commanding officer to the Adjutant General of the State; he shall file one in the office of the County Clerk of his county, and he shall keep the other as a voucher for himself. |
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muster rolls, duly certified, he shall transmit through his commanding officer to the Adjutant General of the State; he shall file one in the office of the County Clerk of his county, and he shall keep the other as a voucher for himself. If such company shall form a part of any organized battalion, or regiment, the commanding officer thereof shall transmit the same, with a muster roll of the filed and staff officers of his regiment, or battalion, to the Adjutant General of the State, through the proper channels of military correspondence. Sec. 32. All commissioned officers of the organized volunteer regiments, battalions and companies, shall take rank according to the date assigned them by their commissions, and when two of the same grade be of the same date, their rank shall be determined by length of service in the militia, and if of equal services, then by lot. Officers of organized volunteer regiments, battalions and companies, shall in all cases be deemed of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions. Sec. 33. It shall be the duty of each and every Brigadier General to make, from the assessment rolls received by him from the clerks of the Boards of County Commissioners, and from the muster rolls received by him, from the officers of companies, battalions and regiments, as prescribed in this Act, on or before the first Monday in October of each year, two brigade muster rolls, one to be entitled Muster roll of the organized Militia of the ____ Brigade, ____ Division, and the other to be entitled Muster roll of the Enrolled Militia of the _______ Brigade, _______ Division, in the first of which he shall include the names of all the officers of his staff, and all the officers, non-commissioned officers, musicians, artificers, and privates, of the organized volunteer regiments, battalions and companies in his brigade, in the order of their organization; and in the second, he shall include in alphabetical order the names of all other persons subject to military duty. The originals of these muster rolls, signed by the General of brigade, shall be filed in his office, and duly certified copies thereof shall be furnished by him to the General of his respective division, and to the Adjutant General of the State. Sec. 34. And it shall be the duty of each and every Major General of Division, on or before the fourth Monday of October of each year, to make, from the rolls received by him from the Brigadier Generals of his Division, two muster rolls; one to be entitled Muster roll of the organized Militia of the ____ Division, and the other to be entitled Muster roll of the enrolled Militia of ____ Division, the first to be made up of the names of the officers of the Division, staff, and the muster rolls of the organized militia of the brigades of his division, according to their organization; and the other to be made up of the muster rolls of the enrolled militia of these brigades, as provided in the foregoing section. The originals of these muster-rolls, signed by the Major General, shall be filed in his office, and duly certified copies thereof shall be transmitted to the Adjutant General of the State. Sec. 35. All commissioned officers of the staff of the Commander-in-Chief, the Adjutant General, and the officers of his staff, |
To take rank according to date of commissions
Duties of Brigadier Generals.
Duties of Major Generals. |
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What denominated the organized militia.
May be called into active service.
Who may call out troops. |
staff, all Major Generals and Brigadier Generals, and all officers of their respective staffs, and all commissioned officers, non-commissioned officers, musicians, artificers and privates of volunteer regiments, battalions and companies, whose names are borne upon the muster rolls of their respective regiments, battalions and companies, shall be denominated the organized militia of Nevada, and shall at all times be subject to be called into active service. Each person shall be called and mustered according to his commission, enrollment and organized. All other militia in this State shall be denominated the enrolled militia of Nevada. Sec. 36. In case of war, insurrection, or rebellion, or of resistance to the execution of the laws of this State, or upon the call of any officer of the United States army, commanding a division, department, or district in Nevada, or upon the call of any United States Marshal in Nevada, or of any Mayor of any city, or Chairman of the Board of Commissioners of any county, or of any Sheriff, the Commander-in-Chief is authorized to call into active service any portion of the organized or enrolled militia of this State. In case of the absence of the Commander-in-Chief from the capital, or if it be impossible to immediately communicate with him, the civil or military officer making the requisition for troops may, if he deem the danger imminent and not admitting of delay, serve a copy of such requisition, together with a statement of the Governors absence, or the impossibility of immediately communicating with him, upon the Major General of the division; in his absence upon the General of the brigade, or commanding officer of a company or detachment, who is hereby authorized to exercise, with respect to calling out of the troops of his division, brigade, or command, the powers conferred in this section upon the Governor; but if the call shall be disapproved by the Governor, the troops called into service will be immediately disbanded. Such call for any portion of the organized militia shall be made by an order issued and directed to the commanding officer of the company, battalion, regiment, brigade, or division, which is so called into service, designating in such order the particular troops called, the time and place of rendezvous, and the officer to whom they shall report. If such order be directed to a Major General of Division, it will be immediately communicated to the Brigadier Generals of his division, and by them to all the officers of their respective brigades, and any officer receiving such order will rendezvous and report for duty as herein directed; and any officer commanding an organized volunteer company or battalion, on receiving such order, will immediately proceed to notify the same to each individual of his command by personal notice, or by publication in some newspaper, or by the usual posting in public places of the county or counties from which the call is made, and such officer shall attend in person, or by deputing an officer of the organized militia in his place, at the place of rendezvous, and take the names of all volunteers for service under such call; and if the number of such volunteers shall be sufficient to form one or more companies or battalions, according to the provisions of this Act, he shall immediately call and superintend the election of the officers of such companies or battalions, |
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ficers of such companies or battalions, which elections shall be conducted in the manner prescribed in this Act for the election of officers of volunteer companies and battalions, except as to the publication of notice of such election, a proclamation of the call of such election, made by the officer calling it at the place of rendezvous, being deemed a sufficient notice. But the Commander-in-Chief shall have authority, if he shall deem it expedient, to direct that a portion of the volunteers so presenting themselves shall be assigned to organized volunteer companies or battalions, already in active service, whose numbers are less than the full complement prescribed in this Act; after which those volunteering shall organize and elect as herein described. Sec. 37. If the number of volunteers, so presenting themselves at the place of rendezvous, shall not be sufficient to satisfy the call of the Commander-in-Chief, the Brigadier General of the brigade in which such call is made shall promptly proceed to draft from the enrolled militia of his brigade a sufficient number of men to satisfy said call; and this draft shall be made by putting the names of all the enrolled militia of the county, or counties, from which the order directs the forces to be raised, into a box, and drawing therefrom a sufficient number of names to satisfy the call. The persons whose names are so drawn will be summoned by some officer or officers appointed for that purpose by the Brigadier General, in the manner prescribed by law for the summoning of witnesses in civil cases; the time and place of rendezvous, as ordered by the Brigadier General, being stated in the summons. It shall be the duty of the Major General to be present and to superintend the drafting of the enrolled militia under any call by the Commander-in-Chief, but his presence shall not be necessary to give validity to the proceedings. In case of the absence or inability of the Brigadier General, the officer next in rank of the brigade; or in default of any officer of that brigade for duty, the Major General of the division; or in his default, the Commander-in-Chief shall designate some officer to perform the duties prescribed to such Brigadier General, with respect to making such drafts; and as soon as a sufficient number of such drafted men shall have appeared at the rendezvous to form a company or companies, they shall proceed to the election of their company officers, in the manner prescribed in section thirty-nine of this Act. Sec. 38. Any company or companies of the enrolled militia so drafted and organized, by direction of the Commander-in-Chief, shall be enrolled and mustered into any battalion of the organized militia having less than eight companies; and any drafted men of the enrolled militia not organized into companies may, at the discretion of the Commander-in-Chief, be enrolled and mustered into any existing company of organized or enrolled militia not having the full number authorized by law, and which has already been called into active service. If the enrolled militia, when drafted into service, shall fail to elect to any office designated in such call for an election, in the manner and at the time appointed as provided in this Act, such vacancy or vacancies shall be filled by appointments made by the Commander-in-Chief; |
Same.
Volunteers insufficient, draft to be made.
May fill vacancies. |
κ1864 Statutes of Nevada, Page 200 (CHAPTER 67)κ
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Who shall command.
Duration of Commission
Penalty for refusal to rendezvous.
Substitutes. |
the Commander-in-Chief; and any company or companies of drafted militia not assigned to and mustered in any incomplete battalion of the organized volunteer militia, shall be organized into battalions or regiments, the field officers of which shall be appointed by the Commander-in-Chief, such appointments being made in all cases, where, in the opinion of the Commander-in-Chief, suitable persons can be obtained, from the officers of the organized volunteer militia of this State. Sec. 39. Where troops are called into active service from different brigades or divisions, and the number so called into active service shall not be more than sufficient to constitute one complete brigade, or one complete division, the Commander-in-Chief shall so organize them, and shall designate the particular Brigadier General, or Major General, for the command of the brigade or division so organized. Sec. 40. The commission of any officer called into active service shall continue until he shall be disbanded by the order of the Commander-in-Chief; provided, that such commission shall not be vacated by resignation, dismissal or revocation, as provided in this Act. All vacancies of officers and non-commissioned officers, in active service, shall be filled by appointment or promotion, the first by the Commander-in-Chief and the second by the commanding officer of the battalion, or of the company, in case such company forms no part of any battalion. In filling such vacancies of commissioned officers, the Commander-in-Chief shall, as a general rule, promote by seniority, or appoint on the recommendation of their superior officers, those in active service; and in any case of departure from this rule, the Commander-in-Chief shall report his reasons for such departure to the Senate. The commanding officer of troops in active service may nominate to any vacancy, for personal bravery, or service in siege, or battle, and if the Governor shall commission some other person than the one so nominated, he shall report his reasons to the Senate; and if the Senate in either of the foregoing cases, shall disapprove of the reasons given, the commission so given shall be regarded as vacated, and the Governor shall immediately proceed, with the advice and consent of the Senate, to fill such vacancy. Sec. 41. Any officer, non-commissioned officer, musician, artificer or private, of the organized militia of this State, who shall neglect or refuse to rendezvous and organize, when ordered out by the Commander-in-Chief, shall be deemed guilty of disobedience of orders, and shall be tried and punished by a court martial; and any person of the enrolled militia, who shall refuse or neglect to rendezvous and organize when drafted, as as provided in this Act, shall be subject to a fine of not less than fifty nor more than five hundred dollars, to be recovered by an action to be brought by the District or Prosecuting Attorney, in the name of the State of Nevada, upon the certificate of the officer appointed to make the draft, before any Court of competent jurisdiction in the county from which such person was drafted, and the fine so recovered shall be paid into the treasury as belonging to the military fund of the State. Sec. 42. Any private of the organized militia, and any person of the enrolled militia, called or drafted into service under the provisions of this Act, may furnish, as a substitute, any person fit for military duty who has not been called or drafted into service. |
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the provisions of this Act, may furnish, as a substitute, any person fit for military duty who has not been called or drafted into service. Sec. 43. The Commander-in-Chief may, in his discretion, order a public parade of all the organized militia of the State, on two days of each year, such parades to be held within the limits of the brigade to which such troops respectively belong; and such public parades shall be reviewed by the Commander-in-Chief, or in his absence, by the Major General of Division, or by the officer of the brigade of the highest rank present. Immediately after such troops have been reviewed, they shall be inspected by the Inspector General, or in his absence, by the Division or Brigade Inspector; and such inspecting officer, after a minute inspection of the dress and military bearing of the field officers and commissioned staff, and the officers of companies, and the arms, accouterments and dress of each soldier, will report the result of such inspection to his commanding officer; provided, that upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia to join such parade; two thirds of the commissioned officers of his brigade having first requested him to order such parades, and the parade so ordered is hereby constituted a legal parade; and, provided further, that each and every company of the organized militia of the State shall assemble at least once in each week for military instruction; and all members who absent themselves from such meetings, unless properly excused by the commanding officer of such company, or through absence from the county, or bodily disability shall be debarred from the exemption of jury duty, and subject to expulsion from their company. Sec. 44. All members of the organized militia of this State, commissioned or mustered as such, and all members of the enrolled militia, drafted and mustered into active service, under the provisions of this Act, shall be exempt from jury duty, and from serving on any posse comitatus, except when called to do so in their military capacity, by the Commander-in-Chief. Whenever a member of the organized militia shall be summoned as a juror, in order to entitle him to the exemption, provided in this section, he shall be required to produce to the officer serving such summons, a certificate of the commanding officer of his company, countersigned by the First Sergeant, that he is a member in good standing, fit for active service and not in arrears for fines or dues, and such certificate shall bear date within ten days of its presentation. In the case of commissioned officers or non-commissioned officers of staff, the production of their commission, or warrants of appointment, and, if required by the court, their oath that they are active members of the organized militia of this State, shall be deemed sufficient to exempt them from jury duty. Sec. 45. The rules of discipline and regulations of the army of the United States shall, so far as the same may be applicable, constitute the rules of discipline and regulations of the organized militia of this State; and the rules and articles of war established by Congress for the army of the United States shall be adopted, so far as they may be applicable, for the government of the militia of Nevada in active service. |
Duties of Commander-in-chief.
Exemption from jury duty, etc.
Rules of discipline. |
κ1864 Statutes of Nevada, Page 202 (CHAPTER 67)κ
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Court Martial.
Removal or absence.
Pay of militia.
Return of arms. |
be adopted, so far as they may be applicable, for the government of the militia of Nevada in active service. Sec. 46. The Commander-in-Chief will appoint courts martial for the trial of general officers and all officers of the staff of the Commander-in-Chief; the Major Generals of Division will appoint courts martial for the trial of all staff officers of their divisions and brigades, and for the field and staff officers of battalions and regiments of their respective divisions; and Brigadier Generals will appoint courts-martial for the trial of all Captains, and commissioned officers under that rank, in their respective brigades; the commanding officers of regiments and battalions will appoint courts-martial for the trial of all non-commissioned officers, musicians, artificers and privates of their respective regiments and battalions. The commanding officer of a single company, not forming a part of any battalion or regiment, shall have power to appoint courts martial the same as the commanding officer of a regiment or battalion. The officer appointing a court-martial, will revise the proceedings and approve or disapprove the sentences of such courts martial, and will direct the execution of such sentences, or mitigate the punishment, or pardon the person or persons convicted; but the person or persons so sentenced may apply to the Commander-in-Chief to revise the proceeding and to disapprove them, or pardon the offense; in which case the officer approving the sentence will transmit the proceedings in such case to the Commander-in-Chief, and the execution of the sentence shall be suspended until the proceedings shall be returned, with the decision thereon. Courts-martial appointed under the provisions of this Act shall be organized in like manner, and be subject to the rules and regulations governing courts-martial in the United States army; they shall have the same power to compel the attendance of witnesses when duly summoned by the judge advocate, to preserve order in and about the court room during their session, and to punish contempts, as the judges of the District Courts have under the laws of this State. Sec. 47. Any commissioned officer of a brigade or division, who shall remove his residence from the limits of his brigade or division, will be deemed to have resigned his commission, and any Major General or Brigadier General who shall absent himself from the State for more than three months, without the permission of the Commander-in-Chief, shall be deemed to have resigned his office. Sec. 48. Whenever any of the militia of this State shall be called into active service for the space of more than one week, they shall receive the same pay and allowance as United States troops serving in Nevada. Any general or field officer being called into active service, such call shall be deemed to include all the officers of their respective staff. In case a division, or part of a division, is called into active service, the Commander-in-Chief shall be authorized to put upon active service one of his aids-de camp, and in case more than one division shall be called into active service, one more aid for each additional division which shall be so called into active service. Sec. 49. When the Commander-in-Chief shall order the return to the State of any arms, equipments, military stores, or other military property, |
κ1864 Statutes of Nevada, Page 203 (CHAPTER 67)κ
|
other military property, belonging to the State, such arms and military property shall be immediately delivered to the officers authorized in such order to receive it, he receipting for the same, and describing their condition in such receipts; and if the property mentioned in such order shall not be promptly delivered as directed, the officer named in such order is hereby authorized to take immediate possession of the same, in the name of the State of Nevada; and any person resisting such officer in the performance of this duty, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not more than six months in the county jail, and shall be subject to a fine not exceeding five hundred dollars, to be recovered by an action brought by the District or Prosecuting Attorney in the name of the State of Nevada, and be paid into the treasury as a part of the military fund. Sec. 50. The Commander-in-Chief, Adjutant General, and the Controller of State, shall constitute a State Board of Military Auditors. The Commander-in-Chief shall be President, and the Adjutant General shall be Secretary of said Board. Sec. 51. The Board of Military Auditors shall have a seal, an impression of which shall be deposited by the secretary of the board in the office of the State Treasurer, and be attached to all orders drawn upon the general or military fund. Sec. 52. No money shall be paid out of the general or military fund of this State by the State Treasurer, upon the order of the Board of Military Auditors, except as provided in the foregoing section of this Act; said order shall specify on its face the objects for which such money is paid, and to whom, and the amount duly entered in a book, to be kept by the secretary of said Board of Military Auditors. Sec. 53. It shall be the duty of said Board of Military Auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this State, and officers attached to the same, and all other claims required under the provisions of this Act; and the Treasurer of State is hereby required to pay the same out of any moneys in the general or military fund not otherwise appropriated. No company shall be deemed in the service of the State, so as to be entitled to the benefit of this section, unless the same has been called out in accordance with the provisions of section thirty-nine of this Act. Sec. 54. The Secretary of State shall, under the direction of the Governor, prepare and keep in his charge all blank military commissions. He will issue, from time to time, to the Adjutant General, such blank commissions as he may require for use, charging him with the same. Sec. 55. All volunteer companies, battalions and regiments, organized prior to passage of this Act, shall be deemed to have been organized in compliance with its provisions, and to be entitled to its benefits; but such companies, battalions and regiments shall be required to comply with all the remaining provisions of this Act; and all military officers of companies, battalions or regiments, now holding commissions, will be deemed to have been commissioned according to the provisions of this law. |
Military Auditors.
Seal.
How money to be drawn.
Duty of Board of Auditors.
Secretary of State to keep blank commissions
To comply with Act. |
κ1864 Statutes of Nevada, Page 204 (CHAPTER 67)κ
|
Divisions and brigades
Civil officers in certain cases may control troops.
Proviso.
Collection of fines.
To publish rules. |
Sec. 56. The organized and enrolled militia of this State shall be divided into such number of divisions and brigades as the Commander-in-Chief shall determine. The Governor, as Commander-in-Chief, shall publicly announce the number of divisions and brigades within sixty days after the passage of this Act. Sec. 57. Whenever any portion of the organized or enrolled militia shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this State, or of the United States, it shall be competent for the Commander-in-Chief, or the General acting in his place, as provided in section thirty-nine, to place such troops under the temporary direction of the mayor of any city, or chairman of the Board of County Commissioners of any county, or of any Sheriff of any county, or of any Marshal of the United States, and if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon a mob or body of persons, assembled to break or resist the laws, such civil officer shall give a written order to that effect to the superior officer present in the command, who will at once proceed to carry out the order, and shall direct the firing and attack to cease only when such mob or unlawful assembly shall have been dispersed, or when ordered to do so by the proper civil authority. No officer, who has been called out to sustain the civil authorities, shall, under any pretense, or in compliance with an order, fire blank cartridge upon a mob or unlawful assemblage, under penalty of being cashiered by sentence of a court-martial; provided, that nothing in this section shall be construed as prohibiting any such troops from firing or charging upon such mob or assembly, without the orders of such civil officers, in case they shall first be attacked, or fired upon, or forcibly resisted, in the discharge of their duty. When the Commander-in-Chief, or General acting in his place, shall call troops into active service, for the purposes mentioned in this section, and shall not place them under the temporary direction of any civil officer, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly. Sec. 58. All fines, legally imposed by a court-martial lawfully constituted, after the proceedings and findings of said court, in the premises have been approved as prescribed by this Act, shall be, and the same are hereby, made collectable by law; and any person failing to pay the same, shall be proceeded against by the District or Prosecuting Attorney, in the name of the State of Nevada, as for ordinary debts, in any court of competent jurisdiction of the county; and a copy of so much of the finding and approval as relates to the imposition and approval of such fine, certified by the officer authorized by law to approve the same, shall be received as evidence in the case; and if judgment be obtained, it shall be collected as in ordinary cases, and shall be paid into the county treasury as belonging to the military fund of the State, and to be accounted for as such. Sec. 59. The Commander-in-Chief may, from time to time, make out and publish rules, regulations and orders, for the government of the militia of this State, in accordance with the provisions and spirit of this Act. |
κ1864 Statutes of Nevada, Page 205 (CHAPTER 67)κ
|
government of the militia of this State, in accordance with the provisions and spirit of this Act. Sec. 60. Any volunteer company may, on its organization, or thereafter, adopt a distinctive name, but shall be known by a particular letter or number in the battalion or regiment to which it belongs. Sec. 61. No person shall be a member of two companies at the same time, and any member of a company who removes beyond the limits of the county, shall be considered as having been discharged from such company. Sec. 62. In the cases of military taxes and fines, assessed and charged against a minor, the parent or guardian shall be held to pay. In case of minors who are orphans, the Commander-in-Chief shall have power to remit any military taxes or fines. Sec. 63. In the absence of any appropriate commander, the next in rank in the command of troops, where not otherwise provided in this Act, shall succeed to his authority. Sec. 64. Every senior, in his appropriate command, shall have authority to control the actions of his junior, in accordance with the principles of military subordination under the laws and usages that govern the United States army. Sec. 65. Any officer cashiered by sentence of a court-martial, shall be precluded thereby from holding any commission in the military service of the State, except the sentence be remitted by the Commander-in-Chief. Sec. 66. No non-commissioned officer, artificer, musician, or private, expelled from his company, or dismissed from service, for any disgraceful cause, shall be permitted to again enter any volunteer company, except the offense be pardoned by the Commander-in-Chief. Sec. 67. No officer, inferior in grade to a regimental or battalion commander, shall have power to grant discharges to non-commissioned officers, artificers, musicians, or privates, in active service; but commanders of companies of the organized militia, when not in active service, may issue certificates of service and discharges. All discharges shall be in writing, and shall set forth fully the cause of the discharge, and shall be signed by the officer granting the same. Sec. 68. Any officer resigning his commission, shall do so in writing, and transmit the same through his immediate commanding officer, who will make his indorsements thereon; and the resignation shall go into effect when accepted by the Commander-in-Chief, and not before. Vacancies of commissioned officers of organized companies and battalions (not in active service) caused by resignation, death, dismissals, or removals, or by the expiration of the term fixed by the rules and regulations of such company or battalion, or by any other cause, shall be filled by election, in accordance with the provisions of this Act. Such elections of company officers shall be presided over by an officer appointed for that purpose by the Brigadier General, and of field officers, by an officer appointed by the Major General; and such presiding officer shall report the result of such election to the officer appointing him, which report shall be transmitted to the Commander-in-Chief, who shall issue commissions in accordance therewith; provided, however, that when the same officer shall be elected no new commission shall be issued, but the officer so re-elected shall continue to hold under his original commission. |
To adopt name.
Must belong to one company.
Minors.
Absence of officers.
Authority of officers.
Cashiered officers.
Dismissal from service
Granting discharges.
Resignations.
Election.
|
κ1864 Statutes of Nevada, Page 206 (CHAPTER 67)κ
|
Proviso.
Commissions vacated.
May disband any portion of the militia.
Uniforms.
Same.
Tactics.
To furnish County Clerk with list of members. |
commissions in accordance therewith; provided, however, that when the same officer shall be elected no new commission shall be issued, but the officer so re-elected shall continue to hold under his original commission. Sec. 69. The commission of any staff officer whose term of office depends upon the pleasure of the officer by whom he is appointed, shall, when such officer is not in active service, be considered as vacated upon the qualification of his successor, and shall be so noted upon the proper books, or rolls, kept in the office of the Adjutant General of the State. Sec. 70. The Commander-in-Chief is authorized at any time, by issuing his orders to that effect, to disband any portion of the organized volunteer forces, or of the enrolled militia mustered into service, which may evince a mutinous, disorderly or disobedient spirit, and to deprive them of arms; a copy of which order shall be transmitted to the clerk of the District Court or Courts of the county or counties in which such force was raised; after which it shall be a misdemeanor in any person so disbanded, to appear with State arms in his possession, or as any portion of the organized volunteer militia, or of the enrolled militia, in active service, until again drafted or regularly mustered into service, under the penalty of not less than ten, nor more than one hundred dollars for each offense; and such person shall be proceeded against by the District or Prosecuting Attorney in the name of the State of Nevada, before any competent court of the county where such person may happen to be; and all fines so recovered and collected shall be paid into the treasury as a part of the military fund. Sec. 71. Every company, battalion or regiment of organized militia of this State, may adopt a uniform for itself, which shall be subject, however, to the approval of the Commander-in-Chief, on report of the inspection officers, made through the proper channels of communication; and no uniform which is not thus approved, shall be worn when on duty. Sec. 72. The uniform of all general officers, and members of their staff, and all other officers not required to wear the distinctive uniform of their regiment or corps, shall be similar to that of the corresponding grades and corps in the United States army, with such modifications as may be directed by the Commander-in-Chief for adapting it to State troops. Sec. 73. The systems of instruction in tactics, prescribed for the different arms and corps in the United States army, shall be followed in the military instruction and practice of the militia of this State, and the use of any other system is forbidden. Sec. 74. The commanding officer of every organized company shall, during the months of June and December of each year, furnish the County Clerk of his county with a list of the names of the bona fide members of his company, who attend regularly to appropriate duty. He shall also, at the end of each years service of any member of his company, who has performed duty in accordance with the regulations and by-laws of such company, during the year, issue to such member a certificate to that effect, and if such commander of a company shall make a false list of the members of his company who have done duty as aforesaid, |
κ1864 Statutes of Nevada, Page 207 (CHAPTER 67)κ
|
have done duty as aforesaid, or a false certificate of service, he shall, on conviction by a court-martial, be cashiered from service, and shall, moreover, be subject to a fine of not less than fifty, nor over five hundred dollars, to be sued for and recovered in the name of the State of Nevada, by the District or Prosecuting Attorney of the county of his residence, in any court of competent jurisdiction, and be paid into the treasury as a part of the military fund of the State. Sec. 75. The President of any general court-martial, assembled in pursuance of the provisions of this Act, may make a requisition upon the Sheriff of the county in which the session is held, for a deputy Sheriff to attend upon such court as Provost Marshal, and such deputy Sheriff shall receive for his attendance the same pay and fees, and be subject to the same responsibility, as when attending upon the sessions of a District Court; and the President of any regimental, battalion, or company court martial, may make a requisition upon any constable of the county to act as Provost Marshal of such court; and such constable shall receive the same pay and fees as in a justices court, and the pay and fees of such deputy Sheriff or constable, shall be paid on the certificate of the Judge Advocate and warrant of the Controller of State, by the State Treasurer, from the general fund, such account being first audited by the Board of military auditors. Sec. 76. When bands of music shall not have been organized for any regiment, battalion or isolated company, in the manner provided in the regulations of the army of the United States, it shall be lawful for such regiment, battalion or isolated company, through its commanding officer, to hire the services of any band of musicians, at their own expense, or if on duty for the State, at the States expense; and the persons so employed shall, during the time of their engagement, be subject to the same laws and regulations that govern the military body with which they may serve. Sec. 77. When any person drafted for service, shall offer, at or after the time of rendezvous, a suitable substitute, of the age of twenty-one years, and such substitute shall consent in writing to subject himself to all the duties, fines, forfeitures and punishments, to which his principal would have been subject had he personally served, he shall be accepted by the officer making such draft; and the same rule shall apply to substitutes offered by members of organized volunteer companies called into active service, the commanding officer of such company being the judge of the suitableness of the substitute offered; and the person whose substitute shall be so accepted shall be exempted from draft during the term of service of his substitute. Sec. 78. No action shall be maintained against any member of a court-martial, or officer, or agent acting under his authority, on account of the imposition of a fine, or the execution of a sentence on a person not liable to military duty, if such person shall have been duly summoned and shall have neglected to appear and show his exemption before the court. Sec. 79. Courts of Inquiry may be ordered by the Commander-in-Chief, or by any Major General or Brigadier General; such courts of inquiry shall be governed by the same rules as similar courts in the United States army, and they shall have the same power to preserve order, punish contempts, and compel the attendance of witnesses, as courts-martial have. |
Relative to courts-martial.
Bands of music.
Drafting for services.
Members of Courts-martial exempt.
Courts of Inquiry. |
κ1864 Statutes of Nevada, Page 208 (CHAPTER 67)κ
|
Fees.
Seal.
Hours of military duty.
Not to obstruct highway.
Penalty for insulting officer or soldier.
Disobeying orders.
To organize temporarily. |
eral; such courts of inquiry shall be governed by the same rules as similar courts in the United States army, and they shall have the same power to preserve order, punish contempts, and compel the attendance of witnesses, as courts-martial have. Sec. 80. For all services under this Act, Sheriffs, Constables, and jailors, shall receive like fees as for similar services in other cases, and shall be subject to the same penalties for any neglect of duty. Sec. 81. The Adjutant General shall have a seal of office, to be approved by the Commander-in-Chief, and all copies of records, or papers in his office, duly certified and authenticated under the said seal, shall be in evidence in all cases, in like manner as if the originals were produced. Sec. 82. On the days of military parade, appointed by the Commander-in-Chief, the militia so called out, and doing military duty, shall be considered to be under military discipline, from the rising to the setting of the sun; and no officer, non-commissioned officer, musician, artificer, or private, belonging to the same during the time aforesaid, shall be subject to be arrested on any civil process. Sec. 83. The commanding officer of any parade, review or drill, and the officer in charge of any rendezvous, may cause the grounds selected for that purpose, to be marked or designated in such a manner as not to obstruct the passage of travelers on any public highway; and if any person during the occupation of such ground, for such military purpose, shall encroach upon such bounds, and enter upon such ground, without the permission of such officer, commanding or in charge, he may be put and kept under guard by the order of such commander, until the setting of the sun of the same day, and, moreover, shall be subject to arrest and punishment by any court of competent jurisdiction, for a breach of the peace. Sec. 84. If any person shall intercept, molest or insult, by abusive words or behavior, any officer, non-commissioned officer, or soldier, while in the performance of his military duty, he shall be immediately put under guard, and kept at the discretion of the commanding officer of the forces engaged in the performance of such military duty, until the setting of the sun of the same day, on which the offense shall have been committed; and, moreover, shall be subject to arrest and punishment, by any court of competent jurisdiction, for a breach of the peace. Sec. 85. Any officer, non-commissioned officer, or soldier on military duty, who shall disobey the legal orders of his superior, use any reproachful or abusive language to his superior, or misbehave or demean himself in an unofficer or unsoldier-like manner, shall be immediately arrested if an officer, and if a non-commissioned officer or soldier, shall be disarmed and put under guard, and shall be tried and punished by a court-martial, according to law and military usage. Sec. 86. In case of parades, reviews, inspections, or musters, of the troops of any brigade, any companies not organized into battalions shall be temporarily organized into a battalion for the duties of the day; and the battalion so temporarily organized shall be commanded by the officer senior in rank of the companies composing it. |
κ1864 Statutes of Nevada, Page 209 (CHAPTER 67)κ
|
companies composing it. It shall be optional with any such unattached companies to attach themselves for the day to any organized battalion or battalions, or to organize a temporary battalion, but no such temporary battalion shall be organized of less than three companies, if there be any organized battalion or battalions present on duty to which they may attach themselves without exceeding the complement fixed by this Act. If such unattached companies shall not attach or organize themselves in accordance with the provisions of this section, the officer commanding the brigade for the day shall order such assignment or organization. Sec. 87. Horses and equipments of officers of mounted companies, and all company property of uniformed companies, organized under this Act, shall be exempt from execution. Sec. 88. An Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act in relation to the militia of the Territory of Nevada, approved November twenty-eighth, one thousand eight hundred and sixty-one, and all other Acts or parts of Acts of the Territory of Nevada, relating to the militia, are hereby repealed. |
Exemp from execution.
Acts repealed. |
________
|
Chap. LXVIII.An Act to Incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto.
[Approved March 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that tract of land in the county of Storey, State of Nevada, lying within the boundaries and limits hereafter mentioned, that is to say: Commencing at a point one mile south of the old site of the Mexican Silver Mining Companys quartz mill; thence running east one mile; thence running north two miles; thence running west two miles; thence running south two miles; thence running one mile east to the place of beginning-is hereby declared to be a city, and shall hereafter be known as the City of Virginia. Sec. 2. For the government of the city, there shall be a Mayor and Board of Aldermen, consisting of one member from each ward. The said Mayor and Board of Aldermen shall be a body politic and corporate, by the name and style of the Mayor and Board of Aldermen of the City of Virginia, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, complain and defend in all courts, and in all actions and proceedings; may purchase, hold and receive property, both real and personal, within said city, and may receive and hold for the use of the city, both real and personal property, whether by gift, bequest or devise; may lease, sell, or otherwise dispose of all city property, both real and personal, for the benefit of the city, and may provide for the management, |
City boundaries.
Mayor and council. |
κ1864 Statutes of Nevada, Page 210 (CHAPTER 68)κ
|
Wards.
City officers, election of, and term of office.
Persons not eligible to office.
Qualification of voters.
General election. |
for the management, regulation and use of the same; provided, they shall not purchase any real estate other than such as is within the city limits, and necessary for public buildings, for the laying out, widening or improving the public streets, alleys, or grounds for burial purposes. They may also have a common seal, and may alter the same at pleasure. Sec. 3. The City of Virginia is hereby divided into four wards, whose boundaries shall be as follows: First Ward shall embrace all that part of the city lying north of Sutton Avenue; Second Ward shall embrace all that part of the city lying north of Taylor Street, and south of Sutton Avenue; Third Ward shall embrace all of that part of said city lying between Taylor and Silver Streets; and the Fourth Ward shall embrace all that part of the city lying south of Silver Street. Sec. 4. The officers of the city of Virginia shall be a Mayor, Recorder, one Alderman from each ward, a Treasurer, Assessor, Chief of Police, who shall be ex-officio Street Inspector, and such other officers as are hereinafter authorized to be appointed or created by the Board of Aldermen. The above officers (except the Board of Aldermen) shall be elected by the qualified voters of said city, and shall hold their offices for the term of one year, and until their successors are elected and qualified. The Aldermen of said city shall be elected by the qualified voters of each ward, to wit-one Alderman from the First Ward; one Alderman from the Second Ward; one Alderman from the Third Ward; and one Alderman from the Fourth Ward, and shall hold their offices for one year, and until their successors are elected and qualified. Sec. 5. No person shall be eligible to the office of Mayor, Recorder, Alderman, Assessor, Treasurer, or Chief of Police, who is not a qualified elector of the State of Nevada, and who has not been a resident of said city for at least one year preceding the election; and no person shall be entitled to vote for any city officer in any ward except the ward in which he resides; nor shall any person be entitled to vote in any ward, unless he has been a resident of such ward for thirty days preceding any city election. Sec. 6. No person shall be allowed to vote at any city election who is not a qualified elector of the State of Nevada, and has not been a resident of said city for at least six months, next preceding the election. Sec. 7. The general election for Mayor, Recorder, Alderman, Assessor, Treasurer, and Chief of Police, shall take place on the first Monday in May of every year, commencing with the first Monday in May, in the year of our Lord eighteen hundred and sixty-five (1865). The Board of Alderman of said city shall, for each election, appoint two Inspectors of Election in each ward, and designate the place for opening the polls. All of the provisions of law which now are, or hereafter may be, in force, regulating elections, and providing for the registration of elections, so far as the same are consistent with the provisions of this Act, shall apply to every election of city officers, by the voters of said city; the inspectors of each ward shall appoint two clerks, whose duty it shall be to take down in writing, the name of each voter as his vote is deposited. |
κ1864 Statutes of Nevada, Page 211 (CHAPTER 68)κ
|
After the poll shall have been closed, it shall be the duty of the inspectors and clerks of each ward, to proceed immediately and canvass the votes cast at each ward, which canvass shall be in public, within three days after each election; the inspectors and clerks of each ward, shall deliver to the person who shall have received the highest number of votes, in each ward for Alderman, a certificate of his election to said office. At every annual election, the inspectors and clerks in each ward, shall immediately, after the votes are counted, make out a statement of the number of votes cast in each ward for the offices of Mayor, Recorder, Alderman, Assessor, Treasurer, and Chief of Police, and the number of votes cast for each person to fill said offices, respectively, which statement shall be certified by them, under oath, to be correct. They shall also carefully seal up the votes and poll list, and direct the same to the Board of Aldermen of said city; it shall be the duty of the clerk of such election board, to deliver such sealed package, and said certified statement, to the Clerk of the Board of Aldermen, within three days after any election shall have been held. On the Saturday next after such election shall have been held, the Board of Aldermen shall proceed to ascertain from said certified statement, what persons have received the highest number of votes in said city for the offices of Mayor, Recorder, Alderman, Assessor, Treasurer, and Chief of Police, and a certificate of election shall be issued by the clerk, under their direction, to the person who shall have received the highest number of votes for each of said offices respectively. The clerk of the Board of Aldermen shall keep the sealed packages containing the ballots and poll lists, until the next general election, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Mayor, Recorder, Alderman, Assessor, Treasurer, and Chief of Police, chosen at any election, shall qualify and enter upon the discharge of their duties within one week after being notified of their election. And any officer appointed by the Board of Aldermen shall qualify and enter upon the discharge of their duties within one week after their appointment. If any person chosen for office at any election, or who shall be appointed to office by the Board of Aldermen, shall fail to qualify as above required, the office for which he shall have been chosen or appointed, shall be deemed vacant. All city officers, before entering upon the discharge of their duties, shall take the official oath prescribed by law. Sec. 9. The Board of Aldermen, at their first meeting after the annual election, or at any regular meeting thereafter, when they shall deem the same expedient, shall elect a President from their own body, who shall preside at their meetings when the Mayor is not present, and whenever there is a vacancy in the office of Mayor, or whenever the Mayor is absent from the city, or unable from any cause to discharge the duties of the office, the President of the Board shall act as Mayor, and possess all the powers, and perform all the duties of the Mayor during such vacancy, absence or disability. Sec. 10. When a vacancy shall occur in the office of Mayor, Recorder, Alderman, Assessor, Treasurer, or Chief of Police, the Board of Aldermen shall appoint some person to fill such vacancy. |
Same.
When to qualify, and enter on duties of office.
President of Board.
To fill vacancy. |
κ1864 Statutes of Nevada, Page 212 (CHAPTER 68)κ
|
Powers of Board.
Meetings.
Quorum.
Rules, etc.
Voting.
Proceedings.
Further powers of Board. |
the Board of Aldermen shall appoint some person to fill such vacancy. The person appointed to fill such vacancy, shall hold his office for the residue only of his immediate predecessor. Sec. 11. The Board of Aldermen shall have the power to create, by ordinance, the offices of City Clerk, City Attorney, and City Tax Collector, and none other. The Board shall also have power to fill said offices, or any vacancy occurring therein, by appointment, and also to remove any person so appointed, at pleasure. In all cases whatsoever, the Board shall vote vi-voce. Sec. 12. The Board of Aldermen shall meet on the second Tuesday after the election, and weekly thereafter during the year, and at such other times as they, by adjournment or resolution, shall direct. The Mayor may call special meetings at any time he may think proper, by causing a written notice of such special meeting to be served upon each member of the Board of Aldermen. At all meetings of the Board of Aldermen, the Mayor, when present, shall preside. Sec. 13. A majority of the Board of Aldermen shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members. No tax or assessment shall be ordered, nor shall any office be created, unless by a majority of all the members elect. Sec. 14. The Board of Aldermen shall determine the rules for the government of their own proceedings, and shall be judges of the qualifications and election of their members. Sec. 15. In the proceedings of the Board of Aldermen, each member present shall have a vote. Sec. 16. All meetings of the Board of Aldermen shall be public. A journal of all the proceedings of the Board shall be kept by the Clerk, which shall, during all business hours, be open to inspection of the public; and the ayes and noes shall be taken upon any question, and entered upon the journals, at the request of any member. Sec. 17. The Board of Aldermen shall have power: First, To make by-laws and ordinances not repugnant to the Constitution or laws of the United States, or of the State of Nevada. Second, To levy and collect taxes on all property within the city, both real and personal, made taxable by law for State or county purposes, which tax shall not exceed, in the aggregate, one per cent. per annum upon the assessed value of all such property, and to use the labor of the prisoners imprisoned in the city jail, in such manner as they may deem proper; provided, that nothing in this sub division shall be so construed as to authorize said Board to establish a chain gang within the limits of said city. Third, To lay out, extend and alter the streets and alleys, provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and to condemn property for the public use in the following manner: The Board of Aldermen shall appoint one referee, and the owner or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of the property, |
κ1864 Statutes of Nevada, Page 213 (CHAPTER 68)κ
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appointed shall not agree in the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees, with regard to the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees, with regard to the valuation of the property appraised by them, shall be the decision of all. Any person aggrieved by the decision of such referees, may appeal from the same to the District Court of the First Judicial District, at any time within thirty days from the rendition thereof. Fourth, To provide for the prevention and extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth, To regulate the storage of gunpowder, and other explosive or combustible materials. Sixth, To prevent and remove nuisances. Also, to determine what are nuisances. Seventh, To create and establish a city police and jailers, to prescribe their duties and compensation, and provide for the regulation and government of the same, but the pay of the regular policeman and jailers employed at any one time shall not exceed the sum of ten thousand dollars per annum. Eighth, To fix and collect a license tax on and regulate all theaters and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements, to fix and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables and livery stable-keepers, express companies and persons engaged in the business of transmitting letters or packages, and stage companies or owners, whose place of business is in said city, or who shall have an agency therein; to license and regulate auctioneers and stock brokers, to license, tax and regulate, prohibit and suppress all tippling houses, dram-shops, raffles, hawkers, peddlers, and pawn-brokers, refreshment or coffee-stands, booths and sheds; also, to prohibit and suppress all gaming, gambling-houses, disorderly houses and houses of ill-fame; to fix and collect a license tax upon all professions, trades or business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed. Ninth, To provide for all necessary public buildings for the use of the city. Tenth, To establish a Board of Health to prevent the introduction and spread of disease. Eleventh, To prevent and restrain any riot or riotous assemblage, or disorderly conduct within said city. Twelfth, To fix and prescribe the punishment for the breach of any city ordinance; but no fines shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed of more than six months. Thirteenth, To compel the attendance of absent members; to punish members for their disorderly conduct; and to expel members for cause, by a vote of three fourths of its members elected, and also to fill all vacancies occurring in their own number or in the office of any city officer mentioned in this Act. Fourteenth, To make all necessary contracts and agreements for the benefit of the city; but no contract shall be made, nor any debt contracted, nor liability incurred, unless there is at the time, actual cash in the treasury to meet such liability; to appropriate money for any item of city expenditure, and to appropriate to the use of the city, all fines, penalties and forfeitures for the breach of any city ordinance. |
Same. |
κ1864 Statutes of Nevada, Page 214 (CHAPTER 68)κ
|
Accountability of officers.
Monthly statement of finances.
Assessing and collecting taxes.
Special assessments. |
liability; to appropriate money for any item of city expenditure, and to appropriate to the use of the city, all fines, penalties and forfeitures for the breach of any city ordinance. Sec. 18. It shall be the duty of the Board of Aldermen to provide for the accountability of all officers and other persons elected or appointed under this charter, to whom the receipt or expenditure of any of the funds of the city shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties. Those persons or officers, from whom security shall be required, shall, before entering upon the discharge of their duties, file with the Board of Aldermen, an official bond, with two sufficient sureties to be approved by the Board; such bonds shall be payable to the Mayor and Board of Aldermen of the city of Virginia; shall, in form, be joint and several, and shall be conditional for the faithful performance of the duties of the office. In case any such bond shall at any time be deemed insufficient, additional security may be required; and if the officer or any person required to give such additional bond, shall neglect or refuse so to do, for the space of one week after notice of such requirement, the Board of Aldermen shall declare his office vacant. Sec. 19. It shall be the duty of the Board of Aldermen, to publish in one or more newspapers published in said city, monthly, a full and detailed statement of the receipt and disbursements of the city during the year ending on the last day of the month, preceding that in which the publication is made; and shall set forth in every such statement the different sources of the city revenues, and the amount received from each, the various appropriations made by the Board of Aldermen, the objects for which the same were made, and the amount expended under each. Sec. 20. Real and personal property may be sold by the City Collector for taxes or assessments due said city. The manner of assessing and collecting taxes, shall be prescribed by ordinance and all the proceedings for the sale of property, in case of non-payment of the same, shall be as prescribed by law in other cases. No property, whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but all such sales shall be absolute, and whenever either by law, or by ordinance of the Board of Aldermen, notice shall be required to be published, stating that such taxes are due and payable, such published notice shall set forth at length, the preceding provisions of this section, of this Act. All real property sold for city assessments levied for the purposes specified in the next succeeding section of this Act, shall be subject to redemption in the same manner and upon the same terms as provided by law for the redemption of real estate sold on execution in civil cases. Sec. 21. Special assessments may be made by ordinances for the opening, grading, paving, draining or planking any of the streets, alleys or sidewalks of said city, upon the lots, or parts of lots, situated upon the line of the proposed improvements. And the Board of Aldermen shall have the authority to provide by ordinance the time and manner of assessing and collecting the same. |
κ1864 Statutes of Nevada, Page 215 (CHAPTER 68)κ
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Sec. 22. Every ordinance which shall have been passed by the Board of Aldermen shall, before it becomes effective, be presented to the Mayor for his approval. If he approve he shall sign it; if not, he shall return it, with his objections in writing, to the Board of Aldermen, who shall cause such objections to be entered at large upon the journals, and shall proceed at once to consider the same, or appoint a time when they shall be considered. If, after such consideration, all the members elected shall vote in favor of the ordinance, the same shall thenceforth be in full force and effect, notwithstanding the objections of the Mayor. If any ordinance shall not be returned by the Mayor within five days (Sundays excepted) after it shall have been presented to him, the same shall then become of force and effect, the same as if the Mayor had signed it. Sec. 23. It shall be the duty of the Mayor to communicate to the Board of Aldermen monthly, and oftener if he shall deem it expedient, a general statement of the situation and condition of the city in relation to its government, finances and improvements; to recommend to the board the adoption of all such measures connected with the health, cleanliness and ornament of the city, and the improvement of its government and finances, as he shall deem expedient; to be vigilant and active in causing the laws and ordinances for the government of the city to be duly executed and enforced; to exercise a constant supervision and control over the conduct and acts of all subordinate officers; to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Board of Aldermen. Sec. 24. It shall be the duty of every Alderman of said city to attend the regular and special meetings of the board; to act upon committees when appointed thereto by the Mayor; to report to the board all city officers whom they know to be guilty of misconduct in office, or neglect of duty, and to aid to the extent of their ability in maintaining the peace and good order of the city, and in enforcing the by-laws and ordinances of the Board. Sec. 25. It shall be the duty of the City Treasurer to receive all moneys belonging to the city, and to disburse the same on proper warrants or vouchers. He shall keep an accurate and full account of all receipts and expenditures, and the amount of cash on hand, and in what fund, in such manner as the Board of Aldermen shall direct; and he shall, on the first Monday of each month, present to the Board a full and detailed account of such receipts and expenditures for the preceding month, and the amount of cash on hand, and in what fund at the time of presentation of said account. All warrants drawn on the treasury shall have specified therein the services or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. But no warrant shall be drawn unless there is money in the city treasury to pay the same at the time such warrant may be drawn. The Treasurer shall apportion all moneys which may come into his hands, and shall do and perform such other acts as shall be prescribed by ordinance. |
Ordinances.
Duty of Mayor.
Duties of Aldermen.
City Treasurer. |
κ1864 Statutes of Nevada, Page 216 (CHAPTER 68)κ
|
Duty of Chief of Police.
Duty of Assessor.
Duty of Collector.
Duty of Clerk.
Duty of City Attorney.
Recorders Court. |
Sec. 26. It shall be the duty of the Chief of Police to execute and return all process issued by the Recorder, or directed to him by any legal authority, and to attend upon the Recorders Court. He shall arrest all persons guilty of a breach of the peace, or other offense committed in his presence, and all persons guilty of a breach of any city ordinance, and bring them before the Recorder for trial or examination. He shall perform all such police and other duties as the Board of Aldermen shall by ordinance direct. Sec. 27. It shall be the duty of the Assessor to make out and return to the Board of Aldermen a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list and returning the same, shall be prescribed by ordinance. Sec. 28. It shall be the duty of the Collector to receive and collect all taxes and licenses due the city, and all other moneys or revenue due, or to become due, and on Monday of each week to pay the same over to the Treasurer, under oath. Sec. 29. It shall be the duty of the Clerk to keep the corporate seal and papers and documents belonging to the city, to file the same in his office under appropriate heads, to attend the sittings of the Board of Aldermen, and keep a journal of their proceedings, and a record of all the by-laws and ordinances; to countersign all warrants and licenses issued in pursuance of the orders and ordinances of the board; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads of all warrants and orders drawn on the treasury; also to keep an accurate account, in an appropriate book, of all licenses issued, the date of the issue and the amount, and to do and perform such other duties as may be required or directed by the Board of Aldermen, by resolution or ordinance. Sec. 30. It shall be the duty of the City Attorney to attend to all suits, matters and things in which the city may be interested, in which his services may be required; to give his advice verbally or in writing, when requested by the Mayor or Board of Aldermen, and to do and perform all such things touching his office as the Board may require of him; and to attend to all prosecutions in the Recorders Court, when requested so to do by the Mayor. Sec. 31. A Recorders Court is hereby established in said city, which shall be presided over by the Recorder, who shall have exclusive jurisdiction of all violations of city ordinance, and may hold to bail, fine or commit to prison, any offender, in accordance with the provisions of such ordinance; of all cases of misdemeanor and willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or by both such fine and imprisonment. Also, of all cases of assault and battery committed within the city limits, not charged to have been committed on a public officer in the discharge of his duties, or with intent to commit murder. The said Recorder shall have such further jurisdiction as is by general statute conferred upon Recorders Courts, and the proceedings therein shall be such as are provided by law for proceedings in Recorders Courts. In case of the death, sickness, absence from the city, disability, resignation, or removal of the Recorder, the Board of Aldermen shall have power to fill such vacancy; and such appointee shall have the same jurisdiction and powers as are vested in the Recorder. |
κ1864 Statutes of Nevada, Page 217 (CHAPTER 68)κ
|
the city, disability, resignation, or removal of the Recorder, the Board of Aldermen shall have power to fill such vacancy; and such appointee shall have the same jurisdiction and powers as are vested in the Recorder. He may, also, in any suit, prosecution or proceedings before him, tax the cost thereof against the person convicted. The Recorder shall have power to appoint a clerk for his court, who shall receive for his services the compensation mentioned in section thirty-six, of this Act. Sec. 32. Any resolution or ordinance providing for the appropriation for any object or purpose, of the sum of five hundred dollars or more shall lay over, and be printed in some newspaper in Virginia City for one week, before final action shall be taken thereon, and any appropriation made, shall be absolutely null and void, unless the provisions of this section shall be strictly complied with in all respects. Sec. 33. The style of the city ordinance shall be The Board of Aldermen of the City of Virginia do ordain. All ordinances shall be published in one or more newspapers published in said city, within one week after their passage. Sec. 34. If, in any event, a member of the Board of Aldermen, or any city officer, shall remove from the city or absent himself therefrom for more than thirty days, without special leave of the Board of Aldermen, or neglect, within one week after receiving notice of his election or appointment, to file his official bond, as required by ordinance, then his office shall be declared vacant by the board. It shall be the duty of all the city officers holding city property in their possession, such as books, records, papers of any description, and every other species of property belonging to the city, at the expiration of their term of office, to surrender such property to their successors in office; and for any neglect to comply with the provisions of this section, they shall each forfeit the sum of five thousand dollars, to be recovered, with costs of suit, in any court of competent jurisdiction, for the use of the city, and also be imprisoned in the city jail until such time as the property shall be delivered to their successors in office. Sec. 35. The Mayor, Chief of Police and President of the Board, shall constitute a Board of Police Commissioners, who shall have sole power to appoint, suspend and remove, all policemen and jail-keepers, and to regulate and control the police department. Sec. 36. The salaries or compensation of the following officers shall not exceed the amounts specified in this section: City Recorders, two thousand dollars per annum; Recorders Clerk, one hundred dollars per month; Chief of Police, three thousand dollars per annum; City Clerk, fifteen hundred dollars per annum; City Assessor, fifteen hundred dollars per annum; City Tax Collector, seventy-five dollars per month, and one dollar for each license collected; City Attorney, such fees as are, or may be, provided by law; Chief Engineer of the fire department, eighteen hundred dollars per annum; first and second Assistant Engineers of the fire department, one thousand dollars per annum each; Secretary of fire department, twelve hundred dollars per annum; regular policemen and Jailers, not to exceed one hundred dollars per month each. |
Jurisdiction.
Appropriation of money.
Style of Ordinances.
Absence of Aldermen.
City officers to deliver books, etc., to successor.
Board of Police Commissioners.
Compensation of city officers. |
κ1864 Statutes of Nevada, Page 218 (CHAPTER 68)κ
|
Penalty for becoming interested in contract.
Fire department.
City printing.
Fines, to be paid into City Treasury.
Act repealed.
When Act to take effect. |
The Mayor, the members of the Board of Aldermen, and the City Treasurer, shall receive no compensation whatever for their respective services. Sec. 37. If any city officer mentioned in this Act shall become interested, directly or indirectly, in any contract to which the city of Virginia may, directly or indirectly, be a party, he shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, be punished by fine in any sum not exceeding one thousand dollars, or by imprisonment in the city jail for any term not exceeding six months, or by both such fine and imprisonment, in the discretion of the court; and such officer shall be liable on his official bond for the payment of such fine, and all such contracts shall be absolutely null and void, to all intents and purposes whatsoever. Sec. 38. The Board of Aldermen shall, from time to time, cause such sums of money as may be necessary (not exceeding in the aggregate the sum of ten thousand dollars per annum) to be set apart from the city revenues for the benefit of the Virginia fire department; and all of the expenses of said fire department, except as otherwise provided in this Act, shall be paid out of the moneys so set apart. Sec. 39. The city printing shall in all cases be awarded to the lowest bidder, and when the bids shall be equal, such printing shall be awarded to the newspaper having the largest circulation in the city of Virginia. Sec. 40. All fines, fees or penalties, coming into the hands of the City Recorder, shall be by him paid into the city treasury, under oath, on Monday of each week; and no fees or perquisites whatever shall be received to his own use, by any officer mentioned in this Act, except those authorized so to do in section thirty-six of this Act. Sec. 41. An Act entitled An Act to incorporate the City of Virginia, approved February nineteenth, eighteen hundred and sixty-four, and also an Act entitled An Act to provide a fund for the Fire Department of the City of Virginia, approved February twentieth, eighteen hundred and sixty-four, and all other Acts or parts of Acts, so far as the same are inconsistent with, or repugnant to, the provisions of this Act, except an Act entitled An Act to provide for the payment of the outstanding indebtedness of Virginia, Storey County, approved January twenty-seventh, eighteen hundred and sixty-five, are hereby repealed. Sec. 42. This Act shall take effect, and be in force, from and after its passage, but shall not effect [affect] the tenure of any of the present officers until after the election to be held on the first Monday in May, in the year of our Lord one thousand eight hundred and sixty-five, as provided in section seven of this Act; but the present officers shall hold their respective offices until said election, and until their successors are elected and qualified; provided, that all of said officers shall in all respects act under, and be governed by, the restrictions and provisions of this Act. |
________
κ1864 Statutes of Nevada, Page 219κ
|
Chap. LXIX.An Act to provide for the Government of the State Prison of the State of Nevada.
[Approved March 4, 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 State Prison Commissioners, as named in section twenty-one of article five of the constitution of this State, to take charge of the Territorial prison, prison grounds and buildings, and all the personal property belonging and appertaining thereto, and belonging to the State, or formerly belonging to the Territory of Nevada, and make a full and complete inventory of the same; together with the names, ages, sex, place of birth, date of sentence, the county in which they were convicted, the crime charged, and the date of the expiration of the term for which the prisoners therein confined were sentenced respectively, and keep a record of the same as hereinafter provided. Sec. 2. The Governor shall be the President, and the Secretary of State secretary of the Board, and any two thereof shall be a quorum, with full power to transact any business that may be required of such board. Sec. 3. It shall be the duty of the Secretary to keep, or cause to be kept, a full and complete account, in a book or books to be kept for that purpose, of all the transactions and proceedings of the board, wherein shall be recorded all rules, regulations and by-laws, for the government of the prison. Sec. 4. The Board of Commissioners shall have full and exclusive control of, and over, all the State Prison grounds, buildings, prisoners, prison labor, prison property, and all other things belonging or appertaining to said prison, and shall establish such rules, regulations and by-laws, for the government and regulation thereof, as they may deem proper, and shall, from time to time, visit the prison, examine into its affairs and government, and from personal observation and conference with the officers, change, alter or abolish the same, as in their judgment may be found necessary for the well-being thereof. Sec. 5. It shall be the duty of the Commissioners, as provided herein, to meet on the first Monday after the passage of this Act, and organize the board of State Prison Commissioners, take charge of the prison, and make rules and regulations for the government thereof, as provided in this Act. Sec. 6. The Lieutenant Governor of the State, by virtue of his election to said office, is hereby declared to be ex officio Warden of the State Prison. Sec. 7. The Warden shall, within five days before the expiration of each month, make out a complete statement of the probable or estimated amount of clothing, provisions, medicines, and all other stores and necessaries, and the character and quality of the same, and make a requisition upon the Commissioners for such supplies; and they shall, as soon thereafter as possible, furnish, or cause to be furnished, the articles, provisions, or stores thus required, or so much thereof as they may deem necessary for the use of the prison during the ensuing month; |
Duty of Board of Commissioners.
President and Secretary of Board.
Duty of Secretary.
Powers of Board.
Duty of Commissioners to meet and organize.
Ex-officio Warden.
Duty of Warden. |
κ1864 Statutes of Nevada, Page 220 (CHAPTER 69)κ
|
Proviso.
Board to audit claims.
Employment of prisoners.
Board may direct prisoners to be employed without the wall.
Officers to incur no forfeiture.
What declared to be the extent of prison.
Moneys to be paid into State Prison fund. |
deem necessary for the use of the prison during the ensuing month; provided, that no supplies shall be purchased, or articles furnished the prison at a greater price than the usual market rates for the articles; and provided further, that nothing herein contained shall be so construed as to prevent the Commissioners from furnishing any necessary article, at any time, not enumerated in the monthly requisition of the Warden. Sec. 8. All accounts for provisions, clothing, medicines, fuel, lights, or other supplies or stores furnished to the State Prison, as prescribed in the preceding section, shall be presented to the Warden, and if the articles therein enumerated shall have been received, he shall so certify, and the account so certified shall be delivered to the Secretary of the Board, and if the account be correct, and the articles therein named were purchased or ordered by the Board, they shall audit and allow the claim. All claims for salaries, repairs, buildings or labor, shall be certified to by the Warden, presented, allowed and paid, as other indebtness against the State Prison. Sec. 9. The Board of Commissioners may, in their discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the State Prison, and they shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in such manner as, in their opinion, will best subserve the interest of the State and welfare of the prisoners. Sec. 10. If, at any time, the Board of Commissioners be of the opinion that it would be to the interest of the State to employ any portion of the prisoners without the walls or inclosures of the State Prison, either in the improvement of the public grounds or buildings, or for hire upon any private works where they may be profitably employed, within a reasonable distance from the prison, they shall in that case direct the Warden accordingly, in writing, and cause a record of such order to be entered at length on the records of the board. Sec. 11. The Warden and officers of the prison shall incur no forfeiture for the escape of any convict employed without the walls or inclosures of the prison, by order of the Commissioners, or going to or returning from such employment, unless such escape should arise from neglect or violation of law, or the rules, regulations or by-laws of the Commissioners. Sec. 12. The State Prison is hereby declared to extend to and over any place or places of employment of the convicts, without the walls or inclosures of the prison, at which convicts may be employed by order of the Commissioners, as provided in section nine of this Act. Sec. 13. All the sums that are now, or may hereafter, become due to the State, for any manufactured article sold, or for labor performed, either within or without the prison walls or inclosures, shall be received by the Warden, receipted for and paid over as directed by the Board of Commissioners; and all moneys thus received shall be paid into the State treasury, and the Treasurer shall place the same to the credit of the State Prison fund, and the Warden shall make a report thereof to the Controller, at least once in each quarter, commencing on the first Monday after the passage of this Act. |
κ1864 Statutes of Nevada, Page 221 (CHAPTER 69)κ
|
State Prison fund, and the Warden shall make a report thereof to the Controller, at least once in each quarter, commencing on the first Monday after the passage of this Act. Sec. 14. The Board of Commissioners, or either of them, are hereby authorized, to commence and maintain an action, in their or his own name for the collection of any debts, due from any person or persons, for any manufactured article sold, labor performed by convicts; for the enforcement of any contracts made by the commissioners, or damages for the non-fulfillment of any contract; such suits to be commenced and maintained as provided by law in other cases. Sec. 15. The Board of Commissioners may, whenever in their judgment it would be for the best interest of the State, advertise for sealed proposals, for the furnishing of supplies to the State Prison. Notice of the time and place of the letting of each contract, shall be given, for at least two consecutive weeks, in some newspaper published within this State. Such notice shall state the character, quality and quantity of the supplies required, and any person may bid for the furnishing of all or any part of the articles enumerated in the notice; provided, that no contract shall be for furnishing more than one years supplies, as estimated by the Warden. Sec. 16. The Warden shall be the executive officer, appoint all necessary help, and have the general superintendence of the business of the Prison and Prison labor, subject to the direction of the Commissioners; and he shall keep, or cause to be kept, a book, wherein shall be recorded the name, age, sex, occupation, place of birth, where sent from, the crime charged, date of incarceration, and expiration of the term for which the prisoners therein confined were sentenced, and shall make out a correct monthly report of the same, and file and record such report with the Secretary of the Board; and shall securely and carefully file in his office, all commitments of prisoners, that may be sent to the State Prison, and keep, or cause to be kept, a correct account of, and certify to, any mileage that may be due to any sheriff or deputy, for conveying prisoners to the State Prison. Sec. 17. All books and papers kept by, or under the direction of the Warden, and belonging to the State Prison, shall, at all times, on all legal days and hours, be open to the inspection of the Commissioners, all State officers, members of the Legislature, and the Sheriffs of the several counties of this State; and shall, at the expiration of his term of office, be delivered over to his successor. Sec. 18. The Warden shall furnish each convict with a Bible, and such other books and papers, as may, by the Commissioners, be deemed of interest and for the well being of the prisoners; and may admit ministers of the gospel on the Sabbath day. Sec. 19. The Commissioners and the Warden of the State Prison are hereby required to receive all criminals sentenced to the State Prison by the authorities of the United States, and to keep them at hard labor, or in solitary confinement, agreeably to the order of the court pronouncing such sentence, until legally discharged therefrom; and the Warden shall certify to the State Controller the expense of keeping all convicts thus sentenced. |
Board authorized to maintain action.
Furnishing supplies.
Proviso.
Warden to be the Executive officer, etc.
Books and papers to be open to inspection.
Warden to furnish convicts with certain books. Commissioners and Warden required to receive criminals. |
κ1864 Statutes of Nevada, Page 222 (CHAPTER 69)κ
|
To post laws, rules, etc.
Violation of rules, etc.
Proviso.
Credit to be granted to convicts in certain cases.
Proviso.
Board of Commissioners to make regulations, etc.
How vacancy in office of Warden filled.
Warden to give bond. |
the State Controller the expense of keeping all convicts thus sentenced. Sec. 20. The Board of Commissioners shall, from time to time, cause to be placed in come conspicuous place or places about the prison, so much of the laws of the State, and the rules, regulations and by-laws of the State Prison, as relates to the intercourse between visitors to the prison and the prisoners confined therein. Sec. 21. Any person or persons who shall violate any of the rules, regulations or by-laws of the prison, as adopted and published by the State Prison Commissioners, shall be subject to such penalties as may be prescribed by the Commissioners, and proceeded against in such manner as may be prescribed by law and rules of said Commissioners; provided, that no barbarous punishment, by whipping, showering, or otherwise, shall be prescribed by the Board of Commissioners; nor shall convicts, as punishment, be deprived of regular rations of food, and at the same time compelled to work the usual and prescribed number of hours per day. Sec. 22. The Board of Commissioners are hereby authorized and required to grant to any convict, confined in the State Prison, who shall well behave himself, and who shall perform regular labor during good health, either within or without the State Prison inclosures, a credit of five days for each month of such regular work and good behavior; such credit to be computed in favor of any such convict as a commutation of sentence, and to be deducted from the entire term of penal servitude, to which such convict shall have been sentenced; provided, that said rule of commutation shall be so applied that the five days of credit thus earned or allowed shall be forfeited by any refusal to labor, breach of the prison rules, or other misconduct, as may be hereafter prescribed by the Commissioners, during the month next succeeding that in which such credit may have been allowed. Sec. 23. The Board of Commissioners shall make such regulations as may be necessary to comply with the provisions of the preceding section of this Act, and shall establish a scale or rate of debits and credits, for meritorious conduct or misconduct, which shall accompany the rules of the prison; and the Warden shall keep, or cause to be kept, a book, in which shall be entered up at the end of each month the result of credits or debits, to which each convict may be entitled, and report the same to the Governor, for the use and benefit of the officers named in section fourteen, of article five, of the Constitution, as the pardoning power of the State; and said officers, as such pardoning power, shall take into consideration all debits and credits thus furnished, while considering upon applications for pardon. Sec. 24. In case of a vacancy in the office of Warden of the State Prison, occasioned by death, resignation, or otherwise, the Board of State Prison Commissioners shall, by appointment, fill such vacancy. Sec. 25. The Warden shall, before entering upon the discharge of his duties, as such officer, execute a bond in the sum of ten thousand dollars, with two or more sufficient sureties, for the faithful discharge of his duties, |
κ1864 Statutes of Nevada, Page 223 (CHAPTER 69)κ
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for the faithful discharge of his duties, to be approved by the Commissioners, which bond shall be given to the people of the State of Nevada, and deposited with the Secretary of State; and he shall receive, as compensation as Warden of the State Prison, the sum of two thousand four hundred dollars ($2,400) per annum, to be paid monthly, out of the State Prison fund. |
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Chap. LXX.An Act to amend 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, one thousand eight hundred and sixty-one.
[Approved March 4, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty of said Act, is amended so as to read as follows: Section One Hundred and Twenty. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment as hereinafter provided, in the following cases: First, In an action upon a contract for the direct payment of money, which contract is made or is payable in this State, and is not secured by mortgage, lien, or pledge upon real or personal property; or if so secured that such security has been rendered nugatory by the act of the defendant. Second, In an action upon a contract, against a defendant not residing in this State. Sec. 2. Section one hundred and twenty-one is amended so as to read as follows: Section One Hundred and Twenty-one. The clerk of the Court shall issue the writ of attachment upon receiving an affidavit, by or on behalf of the plaintiff, which shall be filed, showing: First, That the defendant is indebted to the plaintiff, (specifying the amount of such indebtedness, over and above all legal set-offs or counter-claims) upon a contract for the direct payment of money, and that such contract was made, or is payable in this State, and that the payment of the same has not been secured by any mortgage, lien, or pledge, upon real or personal property; or, Second, That the defendant is indebted to the plaintiff, (specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs or counter claims) and that the defendant is a non-resident of this State. Third, That the sum for which the attachment is asked, is an actual, bona fide, existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud, any creditor or creditors of the defendant. |
In what cases attachment may be issued.
Affidavit, what to show. |
κ1864 Statutes of Nevada, Page 224 (CHAPTER 70)κ
|
May apply for discharge.
Motion on affidavits.
When discharged.
When attachment may issue.
Act to take effect. |
Sec. 3. Section one hundred and thirty-eight of said Act is amended so as to read as follows: Section One Hundred and Thirty-eight. The defendant may, also, at any time, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the attachment be discharged, on the ground that the writ was improperly issued. Sec. 4. Section one hundred and thirty-nine of said Act is amended so as to read as follows: Section One Hundred and Thirty-nine. If the motion be made upon affidavits, on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other evidence in addition to those on which the order of attachment was made. Sec. 5. Section one hundred and forty of said Act is amended so as to read as follows: Section One Hundred and Forty. If, upon such application, it shall satisfactorily appear that the writ of attachment was improperly issued, it shall be discharged. Sec. 6. Section four hundred and ninety-three of said Act is amended so as to read as follows: Section Four Hundred and Ninety-three. A writ to attach the property of the defendant shall be issued by the justice on receiving an affidavit, by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in section one hundred and twenty-one of this Act. Sec. 7. This Act shall take effect, and be in force, from and after the first (1st) of April, eighteen hundred and sixty-five (1865), and shall not be construed to have reference or application to any contracts made prior to the time herein specified. |
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Property exempt from execution. |
Chap. LXXI.An Act to amend section two hundred and nineteen 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, one thousand eight hundred and sixty-one.
[Approved March 6, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and nineteen 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, one thousand eight hundred and sixty-one, is hereby amended so as to read as follows: Section Two hundred and Nineteen. The following property shall be exempt from execution, except as herein otherwise specially provided: First, Chairs, tables, desks, and stationery, to the amount of one hundred dollars, belonging to the judgment debtor. Second, Necessary household, table and kitchen furniture, belonging to the judgment debtor, including stove, stove-pipe and stove furniture, wearing apparel, beds, bedding and bedsteads, sewing-machines, and provisions actually provided for individual or family use, sufficient for one month. |
κ1864 Statutes of Nevada, Page 225 (CHAPTER 71)κ
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pipe and stove furniture, wearing apparel, beds, bedding and bedsteads, sewing-machines, and provisions actually provided for individual or family use, sufficient for one month. Third, The farming utensils, or implements of husbandry, of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness; two cows, one cart or wagon, and food for such oxen, horses, cows or mules, for one month, Fourth, The tools and implements of a mechanic necessary to carry on his trade, the instruments and chests of a surgeon, physician, surveyor, and dentist, necessary to the exercise of their profession, with the professional library, and the law libraries of an attorney and counselor, and all private miscellaneous libraries. Fifth, The tent or cabin, and furniture, including a table, camp-stools, bed and bedding of a miner; also, his rocker, shovels, spades, wheel-barrows, pumps, and other instruments used in mining, with provisions necessary for his support for one month. Sixth, Two oxen, or two horses, or two mules, and their harness, and one cart or wagon, by the use of which a cartman, teamster, or other laborer, habitually earns his living, and food for such oxen, horses or mules, for one month; and a horse, harness and vehicle used by a physician or surgeon in making his professional visits. Seventh, All fire engines, with the carts, buckets, hose and apparatus thereto appertaining, of any fire company or department, organized under any law of this State. Eighth, All arms and accouterments, required by law to be kept by any person; but no article mentioned in this section shall be exempt from execution issued on a judgment recovered for its price, or upon a mortgage thereon. Ninth, All court houses, jails, public offices and buildings, lots, grounds and personal property belonging to any county of this State, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings appertaining to the fire department, and the lots and grounds thereunto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use. |
Same. |
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Chap. LXXII.An Act to exempt the Homestead, and other property, from forced sale in certain cases.
[Approved March 6, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1 The homestead, consisting of a quantity of land, together with the dwelling house thereon, and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any court, for any debt or liability contracted or incurred after November thirteenth, in the year of our Lord one thousand eight hundred and sixty-one. |
Exempt from execution. |
κ1864 Statutes of Nevada, Page 226 (CHAPTER 72)κ
|
Exemption not to extend to liens, etc.
Proviso.
Abandoned.
Appraisment when value exceeds $5,000.
Excess to be sold.
Entire premises to be sold, when.
Proviso. |
one. Said selection shall be made by either the husband or wife, or both of them, or other head of a family, declaring their intention, in writing, to claim the same as a homestead. Said declaration shall state that they, or either of them, are married, or if not married, that he or she is the head of a family, that they, or either of them, as the case may be, are at the time of making such declaration, residing with their family or with the persons under their care and maintenance on the premises, particularly describing said premises, and that it is their intention to use and claim the same as a homestead, which declaration shall be signed by the party making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded, and from and after the filing for record of said declaration, the husband and wife shall be deemed to hold said homestead as joint tenants. Sec. 2. Such exemption shall not extend to any mechanics, laborers or vendors lien, lawfully obtained; but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever; provided, that a mortgage or alienation to secure the purchase money, or pay the purchase money, shall be valid if the signature of the wife be obtained to the same, and acknowledged by her separately and apart from her husband; nor shall said homestead property be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both the husband and wife, or other head of a family, and recorded in the same office, and in the same manner, as the declaration of claim to the same is required to be recorded, and the acknowledgement of the wife to such declaration of abandonment shall be taken separately and apart from her husband; provided, that if the wife be not a resident of this State, her signature and the acknowledgment thereof shall not be necessary to the validity of any mortgage or alienation of said homestead before it becomes the homestead of the debtor. Sec. 3. Whenever execution has been issued against the property of a party claiming said property as a homestead, and the creditor in such judgment shall make oath before the Judge of the District Court of the county in which such premises are situated, that the cash value of such premises exceeds, to the best of the creditors information and belief, the sum of five thousand dollars, it shall be the duty of such judge, upon notice to the debtor, to appoint three disinterested and competent persons as appraisers to estimate and report as to the value of such premises, and if the same exceeds said sum, whether they can be divided so as to leave the premises amounting to the homestead exemption, without material injury. If it appear upon such report to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under the execution. If it appear that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this Act, he shall order the entire premises to be sold, and out of the proceeds, the sum of five thousand dollars to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution; provided, that no bid shall be received by the officer making the sale, |
κ1864 Statutes of Nevada, Page 227 (CHAPTER 72)κ
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ceived by the officer making the sale, under five thousand dollars; and provided further, that when the execution is against the husband whose wife is living, the judge may, in his discretion, direct the five thousand dollars to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and it shall possess all the protection against legal process and voluntarily disposition of the husband as were the original homestead premises. Sec. 4. The homestead and other property exempt from forced sale, shall, upon the death of either husband or wife, be set apart by the court for the benefit of the surviving husband or wife, and his or her legitimate children; and in the event of there being no survivor or legitimate children of either husband or wife, then the property shall be subject to the payment of their debts; provided, that the exemption provided for in this Act, shall not extend to unmarried persons, except when they have the care and maintenance of minor brothers or sisters, or both, or brothers or sisters minor children, or a father or mother, or both, or grand parents or unmarried sisters living in the house with them. Sec. 5. If the wife or any owner of a homestead shall be insane, and such owner shall desire to convey such homestead or any interest therein, he may petition the District Court in which such homestead may be situated, for license to convey the same, and such court upon reasonable and not less than twenty days notice of such petition to the kindred of such insane wife residing in this State (which notice may be personal or by publication in some newspaper in the county, or directed by the court) may hear and determine such petition, and may license such owner to convey such homestead, or any interest therein, by his sole deed; which license shall be recorded in the office where such homestead is recorded, and thereupon such sole deed shall have the same operation as if such wife had been sane and joined in such deed. Sec. 6. On granting such license, such Court may make such special order as to the investment or disposition of the funds derived from conveyance, as a Court of Chancery could do in the case of the funds of married women. Sec. 7. On the hearing of such petition for license, any of such kindred may appear and be heard in the premises, and may appeal from any order made on the subject in the same manner provided for other appeals from decrees of the District Court. Sec. 8. Nothing in this Act shall be so construed as exempting any real or personal property from sale for taxes. Sec. 9. In all cases, wherein an amount or sum is stated in this Act, the same shall be held and regarded as so much money in gold coin. |
Proviso.
Homestead to be set apart, when.
Proviso.
How to convey when wife is insane.
Court to make special order.
May appeal.
Property not exempt from sale for taxes. Gold Coin. |
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κ1864 Statutes of Nevada, Page 228κ
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Mining companies may bring suit.
Money expended or indebtedness a sumed.
Who may join in suit.
Issue of fact.
Judgment to be separate.
Proviso.
What summons shall specify. |
Chap. LXXIII.An Act for the encouragement of Mining.
[Approved March 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When three or more persons, owning or claiming as joint tenants, tenants in common, or coparceners, a majority of the number of feet, shares or interests, in any mining claim in this State, shall have formed, or shall hereafter form themselves into a corporation or organized association, for the purpose of working and developing such mining claim, and shall actually proceed to work and develop the same. Such corporation or association, may, without demand, except by commencement of action, institute in any court of competent jurisdiction, suit, in its corporate or associate name, as upon an implied contract for the payment of money, against any person not a stockholder in, or member of such corporation or association, owning or claiming to own in said mining claim, as joint tenant, tenant in common, or coparcener, for his or her proportion of the money actually expended, or indebtedness assumed by such corporation or association, in the actual and necessary working and development of said mining claim. Sec. 2. The proportion of money expended, or indebtedness assumed by such corporation or association and for the payment of which such joint tenant, tenant in common, or coparcener, is made liable under the provisions of this Act, shall be deemed such an amount of money or indebtedness, as bears the same proportion to the whole amount of money expended, or indebtedness assumed, as the interest in the mining claim, owned or claimed by such joint tenant, tenant in common, or coparcener, bears to the whole of the mining claim. Sec. 3. Any number of such joint tenants, tenants in common, or coparceners, may be joined as parties defendant in any suit instituted under the provisions of this Act; but each defendant shall be entitled to plead separately; and when the cause shall be tried by jury, as many of the separate issues of fact as may be agreed upon by the parties may be determined by the same jury. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be apportioned among the several parties defendant, against whom judgment may be rendered, in such manner as to the court may appear just and equitable; provided, that in all cases the defendant, prior to the institution of suit under the provisions of this Act, shall be entitled to three weeks notice of the intention of such corporation or association to institute such suit, which notice may be either personally or by the publication in some newspaper published in the county within which such mining claim is located; and if none be published in said county, then in the nearest adjoining county. Sec. 4. The summons shall specify: First, the amount of money actually expended, or indebtedness assumed, by such corporation or association in the actual and necessary working and development of said mining claim; and, Second, the amount due from each joint tenant, tenant in common, or coparcener, as his or her proportion of such money or indebtedness. |
κ1864 Statutes of Nevada, Page 229 (CHAPTER 73)κ
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amount due from each joint tenant, tenant in common, or coparcener, as his or her proportion of such money or indebtedness. Sec. 5. All suits instituted under the provisions of this Act shall be brought in the county within which the mining claim mow may be located; and where the defendant is a non-resident of the county within which suit is brought, but a resident of the State, service of summons may be had personally, as in other cases, or by publication in the same manner as provided by law for service of summons by publication where the defendant is a non-resident of the State and a resident of the State of California; and all of the provisions of law regulating proceedings in other civil cases shall, so far as the same are applicable, apply to suits instituted under this Act. Sec. 6. The amount of money expended, or indebtedness assumed, by such corporation or association, as the proportion due from such joint tenant, tenant in common, or coparcener, for the actual and necessary working and development of said mining claim, shall be a lien in favor of such corporation or association upon the interest of such joint tenant, tenant in common, or coparcener, in such mining claim, from the time such money was expended, or indebtedness assumed, by such corporation or association; which lien shall bind each interest from the time of such payment or assumption as against any subsequent purchaser, mortgagee, or other person acquiring a lien upon, or title to, or interest in, the same. Suit may be instituted against the person owning or claiming such interest at the time of the commencement of the action for the recovery of the whole amount due upon such interest; and all judgments rendered in any action instituted under the provisions of this Act, and any execution issued thereon, shall bind and run against such interest, and no other property of the defendant shall be subject to execution on said judgment. Sec. 7. All sales of any interest in a mining claim under an execution issued on a judgment obtained in any suit instituted under the provisions of this Act shall be absolute, and the purchaser shall be entitled to the immediate possession of the interest purchased by him at such sale. Sec. 8. An Act entitled An Act for the encouragement of mining, passed by the Legislative Assembly of the Territory of Nevada, approved February twentieth (20th), eighteen hundred and sixty-four (1864), is hereby repealed, and all rights of action accrued under said Act shall be commenced and prosecuted under the provisions of this Act; provided, that such repeal shall not in any manner effect [affect] any action already commenced under said Act; but all such actions shall shall be prosecuted thereunder, the same as though said Act were not hereby repealed. |
Where suit brought.
Service of summons.
Lien.
Sales to be absolute.
Act repealed.
Proviso. |
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κ1864 Statutes of Nevada, Page 230κ
|
Town incorporated.
Boundaries.
Wards.
Board of Trustees.
Term of office.
Eligible to office. |
Chap. LXXIV.An Act to Incorporate the Town of Gold Hill.
[Approved March 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose hereinafter mentioned the inhabitants of that portion of Storey County embraced within the limits hereinafter set forth in this section shall be a body politic and corporate, by the name and style of the Inhabitants of the town of Gold Hill, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all courts. The boundaries of said incorporate town shall be: On the north, by the southern line of Virginia City, in the county of Storey; on the east, by the boundary line between the counties of Storey and Lyon; on the south, by the boundary line between the counties of Storey and Lyon; and on the west by the boundary line between the counties of Storey and Washoe; excepting from the above mentioned limits all the ground described as follows: commencing at the intersection of Broadway and Carson Avenues, according to the survey and map of American City, made by John Ostrom, and filed in the Recorders office of Storey county, and running thence south, sixty degrees east, magnetic meridian, twenty chains; thence in a direct line, southeasterly, to the intersection of the boundary line between Lyon and Storey counties and American Ravine, running through American Flat, to Silver City; thence, in a southwesterly direction, along said boundary line between Lyon and Storey counties, to the southwest corner of Storey County; thence, in a northerly direction, along the boundary line between the counties of Storey and Washoe, to the intersection of the Ophir Grade toll road; thence, along said Ophir Grade toll road, to a point north, sixty degrees west, magnetic meridian, from the place of beginning; thence to the place of beginning. Sec. 2. The said incorporate town is hereby divided into two wards, whose boundaries shall be as follows: First Ward shall embrace all that portion of said town lying north of a straight line crossing Main street at right angles at the point of intersection of Main and Crown Point streets; Second Ward shall embrace all that part of said town lying south of said line, extending to the eastern and western boundary of said town. Sec. 3. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be resident householders of said town, and shall be chosen, three from the First Ward, and two from the Second Ward. In addition to said Trustees, there shall be a Treasurer and Marshal elected by the qualified voters of said town. Sec. 4. The said officers shall hold their offices for the term of one year, and until their successors are elected and qualified, except as hereinafter provided. Sec. 5. No person shall be eligible to the office of Trustee, Treasurer, or Marshal, who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of the said town of Gold Hill for the six months next preceding the election, or who shall hold any State, county, or precinct office. |
κ1864 Statutes of Nevada, Page 231 (CHAPTER 74)κ
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the State of Nevada, and who shall not have been an actual resident of the said town of Gold Hill for the six months next preceding the election, or who shall hold any State, county, or precinct office. Sec. 6. No person shall be allowed to vote at any election for said officers who shall not be a qualified voter of the State of Nevada, and shall not have actually resided within the county of Storey six months, and within the town of Gold Hill for three months, next preceding the election; and no person shall be allowed to vote except within the ward in which he resides and has resided for the last thirty days. Sec. 7. The general election shall be held on the first Monday of June of each year. Sec. 8. All the provisions of law now in force, and of all laws which may be hereafter enacted, regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees of the town of Gold Hill shall, for each election, three days prior to the same, appoint three judges, and shall designate the place for opening the polls. Within three [days] after each election the judges and clerks of the same shall make out and sign and deliver to such of the Trustees to be elected in each ward receiving the highest number of votes certificates of their election to such office. Immediately after the votes are counted in each ward the judges and clerks shall make out a statement of the number of votes cast in each ward for the offices of Trustee, Treasurer, and Marshal, and for each person severally, which statement shall be certified, under oath, by the majority of said judges; and they shall cause the same, together with the poll list, and votes, duly sealed up, to be delivered to the Board of Trustees of said town within three days after said election. Within two days after the receipt of the same the said Board of Trustees shall proceed to ascertain from said statement what persons have received the highest number of votes for the offices of Treasurer and Marshal, and a certificate of election shall be issued by the clerk, by the direction of said Trustees, to the person receiving the highest number of votes for each of said offices respectively. The clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 9. The Trustees, Treasurer, and Marshal, chosen at any election, shall be qualified, and enter upon the discharge of their duties, within one week after being notified of their election; and in case any Trustee, Treasurer, or Marshal, shall fail to qualify within said time, his office shall be deemed vacant. All officers, before entering upon their official duties, shall take the official oath prescribed by law. Sec. 10. The Board of Trustees, so elected, shall, at their first meeting, or as soon thereafter as may be, elect one of their number as president, who shall, until removed by the Board, preside at their meetings, and discharge such other duties as may be prescribed by said Board of Trustees. Sec. 11. When a vacancy shall occur in the office of Trustee, Treasurer, or Marshal, the Board of Trustees elect shall appoint some person to fill such vacancy, and such person so appointed shall hold his office for the residue only of the term of his predecessor. |
Voters, qualification of.
General election.
Laws applicable to elections.
Judges and clerks of elections.
Canvass.
Sealed packages.
Officers to qualify and enter upon duties.
President of Board.
To fill vacancy. |
κ1864 Statutes of Nevada, Page 232 (CHAPTER 74)κ
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Board to elect certain officers.
Regular Meetings.
Quorum.
Rules, etc.
Powers of Board. |
Treasurer, or Marshal, the Board of Trustees elect shall appoint some person to fill such vacancy, and such person so appointed shall hold his office for the residue only of the term of his predecessor. Sec. 12. The Board of Trustees shall have power to elect a clerk, attorney, and policemen, and create and fill such other offices as they may unanimously deem necessary, who shall hold their respective offices for the term of one year from the general election, and until their successors are elected and qualified, unless they shall be sooner removed, for misconduct in office, neglect of duty, or other cause, or said office be abolished. Sec. 13. The Board of Trustees shall have regular meetings at least once each week, and such other meetings as, by adjournment or resolution, they may direct; and the president shall have power to call special meetings when he deems the same necessary. Sec. 14. A majority of the Board of Trustees shall constitute a quorum to do business, but a less number may adjourn from time to time, and may compel the attendance of absent members by peremptory order, delivered to the Marshal, or by resolution imposing a fine. Sec. 15. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualifications of their members. All their meetings shall be public, except when the Board shall deem that the interest of the town requires secresy. A journal of all proceedings of the Board shall be accurately kept by the clerk, and the ayes and noes shall be taken upon any question and entered upon the journal at the request of any member. Sec. 16. The Board of Trustees shall have power-First, to make by-laws and ordinances, not repugnant to the Constitution or laws of the State of Nevada. Second, to levy and collect taxes upon all property within the town, both real and personal, made taxable by the laws of the State of Nevada for State and county purposes, which are now in force, or which may hereafter be enacted, which tax shall not exceed one half of one per cent. per annum upon the assessed value of all property; provided, that the said Board of Trustees shall have power to levy and collect, annually, a further tax of one fourth of one per cent. for the payment of interest and installments upon bonds by them issued in defraying the expenses of protecting said town against fire, which bonds, in the aggregate, shall not be considered to exceed the sum of thirty-five thousand dollars; such further tax of one fourth of one per cent shall be levied and collected as a special tax, at the time and in the manner by them provided for the levying and collecting of the general tax. Third, to lay out and extend, open, alter and repair the streets, alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks; and in the creation of sidewalks, and making other improvements, to compel the owners of lots and property to bear the expense of erecting sidewalks, or creating improvements in front of the same, by special tax or otherwise. |
κ1864 Statutes of Nevada, Page 233 (CHAPTER 74)κ
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bear the expense of erecting sidewalks, or creating improvements in front of the same, by special tax or otherwise. Fourth, to provide for the prevention and extinguishment of fires. Fifth, to regulate the storage of gunpowder and other combustible material. Sixth, to prevent and remove nuisances, also to determine what are nuisances. Seventh, to create and establish a town police, and prescribe their duties and compensation, and provide for the regulation and government of the same. Eighth, to fix and collect a license tax on and regulate all theaters, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements. Ninth, to fix and collect a license tax on and regulate all taverns, hotels, saloons, barrooms, hurdy gurdy houses, and public dance houses; on auctioneers, hawkers and peddlers; on all dealers in liquors; on all drays, job wagons or carts, or any other public vehicle running within the limits of said town. Tenth, to license, tax and regulate, prohibit and suppress, all tippling houses, dram shops, and public card tables, raffles, hawkers, peddlers and pawn-brokers, refreshment or coffee stands, booths and sheds; also, to prohibit and suppress all gaming, gambling houses, disorderly houses, and houses of ill fame. Eleventh, to levy and collect an annual tax upon all dogs within the limits of said town, and provide for the extermination of all dogs for which such tax shall not have been paid. Twelfth, to provide for the issuance of licensee before named for such terms, and in such sums, as they may may deem best. Thirteenth, to provide for all necessary public buildings for the use of said town. Fourteenth, to establish a Board of Health to prevent the introduction and spread of disease, and provide for the indigent. Fifteenth, to prevent and restrain any riot or riotous assemblage or disorderly conduct within said town; to close all places of business or amusement on Sunday, and prohibit and suppress the sale of spiritous liquors on any day of municipal, county, or State election. Sixteenth, to fix and prescribe the punishment for the breach of any town ordinance or resolution; but no fines shall be imposed for any one offense in any sum greater than five hundred dollars, in gold coin, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth, to determine the duties, and fix and establish the fees, salaries, and compensation of all officers of said town; provided, that no member of the Board of Trustees shall receive, or be entitled to receive, for his services, any sum whatever. Eighteenth, to compel the attendance of absent members, to punish members for disorderly conduct, and to expel members, for cause, by a vote of four fifths of its members elected. Nineteenth, to make all necessary contracts and agreements for the benefit of the town; to contract debts on the faith of the town; but no debt shall be contracted, or liability be incurred, except upon a cash basis, nor which shall exceed in the aggregate, inclusive of its present indebtedness, the sum of forty thousand dollars. The Board of Trustees shall have power at all times, when they deem it expedient, to call in and fund the debt of said town, by the issuance of bonds, for outstanding claims, or warrants, or bonds over due, payable in one, two, and three years, which funded debt shall not bear interest greater than the legal interest of the State of Nevada; they shall [have] power to issue and sell bonds, bearing not to exceed ten per cent. |
Same. |
κ1864 Statutes of Nevada, Page 234 (CHAPTER 74)κ
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Same. |
est of the State of Nevada; they shall [have] power to issue and sell bonds, bearing not to exceed ten per cent. per month interest, for the purpose of creating a contingent fund for current expenses. or for the purpose of paying and canceling bonds already issued when the same shall become due, but at uo time shall the bonds so issued, together with all other liabilities of said town, exceed, in the aggregate, the said sum of forty thousand dollars. Twentieth, all ordinances made by said Trustees shall be signed by the president and clerk of said Board upon its journal of proceedings, where the same shall be written in full; and all scrip and bonds issued, contracts and agreements made, shall be signed by the president and countersigned by the clerk of said Board. Twenty-first, all taxes and fines imposed, and all scrip and bonds issued, shall be made payable only in gold and silver coin. Twenty-second, the Board of Trustees shall [have] power to condemn and appropriate to the public use, or the use of the inhabitants of said town, all real or personal property within the limits of said town, and all claims and asserted rights or title of any person whomsoever to such property, when they deem the same necessary, for the opening of streets or alleys, or for other public purpose; such property shall be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner, or owners, of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as final and binding, and upon the tender of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said town, and the Board of Trustees may cause at once to be removed from such property all persons and obstructions by order, through the Marshal of said town, and take full and immediate possession of the same for the public use and benefit, or possession of the same may be obtained in the form and manner provided by law where the relation of landlord and tenant exists. In case the owner or owners of said property shall refuse or neglect to appoint said referee when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Referees in the condemnation of property, or any claim, right, or title, to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate town of the legality of such asserted claim, right or title; and in the condemnation of property, as in this section provided, said referees shall consider if the proposed improvement for which said property is so condemned shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such proposed improvements to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; |
κ1864 Statutes of Nevada, Page 235 (CHAPTER 74)κ
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condemned; and whenever the said corporate body shall have become, in any manner, possessed of any real estate upon which any improvements shall have been made for the benefit of said town or corporate body, no judgment in ejectment shall be rendered against said town or corporate body, but only judgment for damages, in the value of said property, claim, right or title, at the time of the taking possession of the same, may be rendered. Sec. 17. It shall be the duty of the Board of Trustees to provide for the accountability of all officers and other persons elected or appointed under this charter, to whom the receipt or expenditure of any of the funds of said town shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties; and in case of neglect or refusal on the part of any of such officers to furnish such security within three days after notice of such requirement, the Trustees shall declare such office vacant. The amount of such security may at any time be diminished or increased, when deemed expedient, by said Board. Sec. 18. It shall be the duty of the Board of Trustees to make out and publish in one or more newspapers published in said county of Storey, at least once in three months, to wit: in January, April, July and October, of each year, a full and detailed statement of the receipts and disbursements, from what sources received, and for what purposes paid out, of the town, during the three months next preceding such report. Sec. 19. Real and personal property may be sold by the Town Marshal for taxes or assessments due said town. The manner of assessing and collecting taxes, and the proceedings for the sale of property in case of non-payment of taxes, shall be as prescribed by ordinance, and title upon sale of property shall vest in the purchaser, as provided by the revenue laws of this State, or as may be provided by ordinance. The Marshal shall, upon the sale of such real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all courts of this State as prima facie evidence that the grantee or grantees named in said deed, or his, or their, successors in interest, have a good and legal title to the premises described therein; and possession of such property may be obtained in the form and manner as provided by law, where the relation of landlord and tenant exists. Sec. 20. It shall be the duty of the Treasurer to receive all moneys derived for the benefit of said town from any and every source, and he alone shall disburse the same on proper warrants or orders of said Trustees. He shall keep an accurate and full account of all receipts and expenditures, in such manner as the Trustees may direct, and he shall at all times keep his books and accounts open for the inspection of the Trustees, and shall furnish them, whenever required, a full statement of such receipts and expenditures. All warrants and orders drawn on the treasury shall have specified therein the services or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. Said Treasurer shall perform such other acts and duties as may be prescribed by ordinance or resolution of said Board. |
Ejectment.
Accountability of officers.
Statement of finances.
Assessing and collecting taxes.
Tax deeds.
Duties of Treasurer. |
κ1864 Statutes of Nevada, Page 236 (CHAPTER 74)κ
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Duties of Marshal.
Duties of Clerk.
Yeas and nays.
Style of Ordinances.
How action may be brought.
Fines, etc.
Appeal. |
duties as may be prescribed by ordinance or resolution of said Board. Sec. 21. It shall be the duty of the Marshal to enforce the due observance of the ordinances made by the Trustees; to perform the duties of assessor, when an assessment shall be made; to collect the taxes levied by said Board; to act, ex officio, as chief of police, and perform such other duties as shall be by said Trustees prescribed. It shall be his duty to collect all licenses due the town, and all other moneys or revenue due or to become due, and to pay the same over to the Treasurer; the time and manner of such assessing and collecting shall be such as the Trustees, by ordinance, may prescribe. Sec. 22. It shall be the duty of the clerk to keep the corporate seal, and papers, and books, belonging to the town; to file the papers and documents in his office under appropriate heads; to attend the sittings of the Board of Trustees, and keep a journal of their proceedings, and a record of all the by-laws and ordinances, which journal of proceedings, after approval at each sitting, shall be signed by the president of the Board; to countersign all warrants, bonds and licenses, issued in pursuance of the orders and ordinances of the Trustees; to affix the corporate seal thereto; to keep an accurate account, in a suitable book, under appropriate heads, of all warrants and orders drawn on the treasury; also, to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of issue, and the amount; and he shall, also, do and perform such other duties as may be required or directed by the Board of Trustees by resolution or ordinance. Sec. 23. Upon the passage of all resolutions and ordinances appropriating money, imposing taxes, abolishing licenses, or increasing or lessening the amount paid for licenses, the yeas and nays shall be called and entered upon the journal. Sec. 24. The style of the ordinances shall be: The Board of Trustees of the town of Gold Hill do ordain. All ordinances shall be published in one or more newspapers published in said county of Storey for at least two weeks, and they shall be so published as soon as may be after their passage. Sec. 25. Civil actions may be brought in the name of the Inhabitants of the town of Gold Hill, in any court of competent jurisdiction within the said county of Storey, and actions for the breach of any ordinance or law of the said town may be brought before any Justice of the Peace within the corporate limits of said town; fines imposed by such Justice of the Peace may be recovered by execution against the property of defendant, or the payment thereof may be enforced by imprisonment in the town jail, at the rate of one day for every two dollars of such fine and costs; or said Justice, to enforce such payment, may, in his discretion, adjudge that such offender work upon the public highways or other public works of the town, at the rate of one day for every two dollars of such fine and costs, until the same be so exhausted or otherwise paid. No fine shall be imposed exceeding five hundred dollars, and no imprisonment, at one time, shall exceed the term of six months. Appeals from the judgment of such Justice of the Peace, for the violation of ordinances, may be had to the District Court of Storey county, upon questions of law alone, within ten days after such judgment is rendered. |
κ1864 Statutes of Nevada, Page 237 (CHAPTER 74)κ
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the violation of ordinances, may be had to the District Court of Storey county, upon questions of law alone, within ten days after such judgment is rendered. Such appeal shall be taken in the manner provided by law of the State of Nevada for appeals from Justices Courts, in criminal cases, upon questions of law alone. Sec. 26. If any officer of said town shall remove his residence therefrom, or shall absent himself for more than thirty days, without leave of absence from the Board of Trustees, his office shall be declared vacant. Sec. 27. The present officers of the town of Gold Hill shall remain in office until their successors are elected and qualified as provided in this charter; and nothing in this Act contained shall repeal or in any [way] effect [affect] the binding force or validity of any ordinance now in force in said town, or effect [affect] in any manner any debt, contract, or liability of said town, now in existence. All the official acts of the present Board of Trustees, who have acted by virtue of any charter heretofore granted to said town by the Legislature of the Territory of Nevada, are and the same are hereby declared legalized. All debts and liabilities contracted or incurred by said Board of Trustees, for which the credit of the town of Gold Hill has been pledged, or scrip issued, are hereby declared legalized, and are hereby made valid liabilities and charges against said town. Sec. 28. All property, real and personal, acquired in the name and for the benefit of said town, by virtue of any prior charter, or by any act of any prior Board of Trustees, shall be the property of the corporate body created by this Act, and known as the Inhabitants of the town of Gold Hill. All streets, alleys, and avenues, within said corporate limits, used as public streets, alleys and avenues, laid out and platted upon official map of said town of Gold Hill, made by George Hunt, C. E., in the year one thousand eight hundred and sixty-three, or John Ostram, C. E., in the year of our Lord one thousand eight hundred and sixty-four, are hereby declared open and public streets, alleys and avenues, and exclusively under the control and jurisdiction of said corporate body. Sec. 29. An Act entitled An Act to incorporate the town of Gold Hill, approved December seventeenth, one thousand eight hundred and sixty-two, and an Act entitled An Act to amend an Act entitled An Act to incorporate the town of Gold Hill approved December seventeenth, one thousand eight hundred and sixty-two, approved February eighteenth, one thousand eight hundred and sixty-four, are hereby repealed. |
Absence of officer.
Present officers.
Acts legalized.
Debts legalized.
All property etc., under jurisdiction of corporate body.
Acts repealed. |
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κ1864 Statutes of Nevada, Page 238κ
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Elections of U. S. Senators.
Joint convention.
Majority to elect.
Restrictions
When Governor shall convene joint convention.
Presiding officer.
Certificate of election.
Credential. |
Chap. LXXV.An Act prescribing the manner of Electing United States Senators.
[Approved March 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All regular elections of United States Senators for this State shall be held at the regular session of the Legislature which convenes next preceding the commencement of the term which is to be filled. All special elections shall be held by the Legislature in session at the time any vacancy or vacancies may occur in such Senatorial representation, or at the succeeding session of the Legislature which may convene after the occurrence of such vacancy. Sec. 2. Whenever an election is to be held for a United States Senator, in pursuance of the Constitution of the United States, the Senate and Assembly shall, within twenty days after the commencement of the session of the Legislature, meet together in joint convention, in the Assembly chamber, on such a day, and at such an hour, as may by joint or concurrent resolution of the two houses be agreed upon, and by joint vote proceed to such election; and until an election is had, such joint convention may adjourn from time to time as may be determined by a majority of the members composing such joint convention, upon a vote to be taken by ayes and noes. Sec. 3. At all such elections the voting shall be viva voce, and a majority of all the votes given shall be necessary to elect a Senator. Sec. 4. The joint convention shall do no act, except to adjourn, during the absence of a majority of all the members elect of either the Senate or Assembly; and the withdrawal or absence of such majority shall cause an adjournment of such joint convention until the succeeding legislative day, at twelve (12) m. Sec. 5. If the Legislature shall, at any time as herein provided, fail to unite in joint convention within twenty days after the commencement of the session of the Legislature for the election of such Senator, it shall be the duty of the Governor of this State, by proclamation, to convene the Senate and Assembly in joint convention within not less than five days, nor exceeding ten days, from the publication of his proclamation for such purpose; and the joint convention, when so assembled, shall proceed to elect the Senator or Senators, as herein provided. Sec. 6. At all sessions of such joint conventions the President of the Senate, or, in his absence, the President pro tem. of such Senate shall be the presiding officer thereof. Sec. 7. When any such election is made, the presiding officer of the Senate for the time being, and the Speaker of the Assembly, shall certify the same to the Governor of the State, and he shall cause a credential thereof to be made out, with the great seal of State affixed thereto, certifying to such election and deliver or transmit the same to the person so elected. |
κ1864 Statutes of Nevada, Page 239 (CHAPTER 75)κ
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Sec. 8. Whenever the Executive of this State shall, by virtue of the Constitution of the United States, make a temporary appointment of a Senator, he shall deliver or transmit to such Senator a credential, under the great seal of the State, certifying said appointment, and may, in case of emergency, telegraph the matter of such appointment, which shall have like effect as if certified in the manner hereinbefore provided. |
Appointment.
Telegraph. |
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Chap. LXXVI.An Act defining the rights of Husband and Wife.
[Approved March 7, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All property, both real and personal of the wife, owned by her before marriage, and that acquired afterward by gift, bequest, devise, or descent, shall be her separate property; and all property, both real and personal, owned by the husband before marriage, and that acquired by him afterward, by gift, bequest, devise, or descent, shall be his separate property. Sec. 2. All property acquired after the marriage by either husband and wife, except such as may be acquired by gift, bequest, devise, or descent, shall be common property. Sec. 3. A full and complete inventory of the separate property of the wife, exclusive of money in specie, shall be made out and signed by the wife, acknowledged or proved in the manner required by law for the acknowledgment or proof of a conveyance of land, and recorded in the office of the Recorder of the county in which the parties reside, and from time to time thereafter a further or supplemental inventory shall be made out, signed, acknowledged or proved, and recorded in like manner of all other separate property afterward acquired by the wife, excepting money whilst in specie and unconverted, and the rents and profits of her separate property included in the original or any subsequent inventory, if the same be money, so long as it shall remain in specie and unconverted. Sec. 4. If there be included in any such inventory any real estate lying in other counties, such inventory shall also be recorded in such counties. Sec. 5. The filing of any such inventory in the Recorders office shall be notice of the title of the wife, and all property belonging to her included in the inventory, as well as all money in specie not so included, shall be exempt from seizure on execution for the debts of her husband; and she shall be deemed to have waived the exemption from such seizure on execution of all property belonging to her not included in any such inventory, other than money in specie. Sec. 6. The husband shall have the management and control of the separate property of the wife during the continuance of the marriage; but no alienation, sale or conveyance of the real property of the wife, |
Property of wife. Property of husband.
Common property.
Inventory of separate property of wife to be made.
Filing inventory in Recorders office to be notice.
Husband to have management of wifes property. |
κ1864 Statutes of Nevada, Page 240 (CHAPTER 76)κ
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Sale of wifes property for benefit of husband.
Trustee may be appointed to manage property of wife.
Power of husband over common property.
Courtesy and dower not allowed.
Distribution of common property.
Proviso. |
the real property of the wife, or any part thereof, or any right, title, or interest therein, and no contract for the alienation, sale or conveyance of the same, or any part thereof, and no lien or incumbrance created thereon, shall be valid for any purpose unless the same be made by an instrument in writing, executed by the husband and wife, and acknowledged by her as provided for in the Acts concerning conveyances in case of the conveyance of her separate real estate. The separate personal property of the wife, excepting money in specie, shall not be sold, assigned, or transferred, unless both husband and wife join in the sale, assignment, or transfer thereof. Sec. 7. When any sale shall be made by the wife of any of her separate property for the benefit of her husband, or when he shall have used the proceeds of such sale, with her consent in writing, it shall be deemed a gift, and neither she nor those claiming under her shall have any right to recover the same. Sec. 8. If the wife has just cause to apprehend that her husband has mismanaged or wasted, or will mismanage or waste, her separate property, she, or any other person in her behalf, may apply to the District Court for the appointment of a trustee to take charge of and manage her separate estate; such trustee may, for good cause shown, be from time to time removed by the court and another appointed in his place. Before entering upon the discharge of his trust he shall execute a bond, with sufficient surety or sureties, to be approved by the court, for the proper performance of his duties. In ease of the appointment of a trustee for the wife, he shall account for and pay over to the husband and wife, or either of them, the income and profits of the wifes estate, in such manner and proportion as the court may direct. Sec. 9. The husband shall have the entire management and control of the common property, with the like absolute power of disposition as of his own separate estate. When it shall be provided by the terms of the instrument whereby any property may have been bequeathed, devised, or given to the wife, that the rents and profits thereof shall be applied to her sole and separate use, the entire management and control of the rents and profits of such property shall belong to the wife. Sec. 10. No estate shall be allowed to the husband as tenant by courtesy upon the decease of his wife, nor any estate in dower be allowed to the wife upon the decease of her husband. Sec. 11. Upon the dissolution of the community by the death of the wife, the entire common property shall, without administration, go to the surviving husband. Upon the dissolution of the community by the death of the husband, one half of the common property shall go to the surviving wife, and the other half shall be subject to the testamentary disposition of the husband, and in absence of such disposition shall go to his descendants equally, if such descendants are in the same degree of kindred to the intestate; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, shall be subject to distribution in the same manner as the separate property of the husband; provided, that in case of the dissolution of the community by the death of the husband the entire common property shall be equally subject to his debts, the family allowance, and the charges and expenses of administration. |
κ1864 Statutes of Nevada, Page 241 (CHAPTER 76)κ
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equally subject to his debts, the family allowance, and the charges and expenses of administration. Sec. 12. In case of the dissolution of the marriage by decree of any court of competent jurisdiction, the common property shall be equally divided between the parties, and the court granting the decree shall make such order for the division of the common property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require; provided, that when such decree of divorce is rendered on the ground of adultery, or extreme cruelty, the party found guilty thereof shall only be entitled to such portion of the common property as the court granting the decree may in its discretion, from the facts of the case, deem just and allow, and such allowance shall be subject to revision on appeal, in all respects, including the exercise of discretion, by the court below. Sec. 13. The separate property of the husband shall not be liable for the debts of the wife contracted before the marriage, but the separate property of the wife shall be, and continue, liable for all such debts. Sec. 14. In every marriage hereafter contracted in this State the rights of husband and wife shall be governed by this Act, unless there is a marriage contract containing stipulations contrary thereto. Sec. 15. The rights of husband and wife, married in this State prior to the passage of this Act, or married out of this State, but who shall reside and acquire property herein, shall also be determined by the provisions of this Act, with respect to such property as shall be hereafter acquired, unless so far as such provision may be in conflict with the stipulations of any marriage contract. Sec. 16. All marriage contracts shall be in writing, and executed and acknowledged or proved in like manner as a conveyance of land is required to be executed and acknowledged or proved. Sec. 17. When a marriage contract shall be acknowledged or proved, it shall be recorded in the office of the Recorder of the county in which the parties reside, and also in the office of the Recorder of every county in which any real estate may be situated which is conveyed or affected by such marriage contract. Sec. 18. When any marriage contract is deposited in the Recorders office for record, it shall, as to all property affected thereby in the county where the same is deposited, impart full notice to all persons of the contents thereof. Sec. 19. No marriage contract shall be valid, or affect any property, except between the parties thereto, until it shall be deposited for record with the Recorder of the county where the parties reside; and if it relates to real estate in other counties, with the Recorder of the county wherein such property is situated. Sec. 20. A minor capable of contracting matrimony may enter into a marriage contract, and the same shall be valid as if he were of full age; provided, it be assented to, in writing, by the person or persons whose consent is necessary to his marriage. |
Division of property in case of divorce.
Proviso.
Debts of wife.
Rights of husband and wife.
Persons married prior to passage of Act.
Marriage contracts.
Marriage contract to be recorded.
Notice.
When not valid unless recorded.
Minor may make marriage contract. |
κ1864 Statutes of Nevada, Page 242 (CHAPTER 76)κ
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Contract may be altered. Marriage contract not to alter legal order of descent.
When stipulation not valid.
Married woman may make powers of attorney.
Conveyances made under power of attorney. Revocation.
Powers executed before passage of Act made valid. |
Sec. 21. A marriage contract may be altered at any time before the celebration of marriage, but not afterward. Sec. 22. The parties to any marriage contract shall enter into no agreement the object of which shall be to alter the legal order of descent, either with respect to themselves in what concerns the inheritance of their children or posterity, or with respect to their children between themselves, nor derogate from the rights given by law to the husband as the head of the family, or to the surviving husband or wife as the guardian of their children. Sec. 23. No stipulation of any marriage contract shall be valid which shall derogate from the rights given by law to the husband over the persons of his wife and children, or which belong to the husband as the head of the family, or to the surviving husband or wife as the guardian of their children. Sec. 24. A married woman may make and execute powers of attorney for the sale, conveyance, or incumbrance, of her real or personal estate; provided, her husband joins in the execution of the instrument, and the same be acknowledged and certified in the manner provided by the law for the conveyance of her real estate. Sec. 25. Any conveyance executed under and by virtue of such power of attorney shall be executed, acknowledged, and certified, in the same manner as if the persons making such powers of attorney were unmarried. Sec. 26. A married woman shall have the right to revoke such power of attorney by any revocation thereof made and executed by her, and acknowledged and certified in the manner that conveyances by married women are required to be acknowledged and certified, and it shall not be necessary for the validity of such revocation that her husband shall join in the execution thereof. Sec. 27. All powers of attorney heretofore made and executed by any married woman with her husband, and acknowledged and certified in the manner provided in section twenty-four of this Act, and all conveyances heretofore and hereafter executed under and by virtue of such powers of attorney, and acknowledged and certified in the manner provided in section twenty-five of this Act, shall be valid and binding; provided, that no rights already vested in third persons shall be affected by anything in this section contained. Sec. 28. This Act shall take effect from and after its passage. |
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κ1864 Statutes of Nevada, Page 243κ
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Chap. LXXVII.An Act amendatory of, and supplementary to, an Act of the Legislative Assembly of the Territory of Nevada, entitled An Act to incorporate the City of Austin, approved February twentieth, one thousand eight hundred and sixty-four.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that tract of land in the county of Lander, State of Nevada, lying within the boundaries and limits hereafter mentioned, that is to say: Commencing at a point where the overland road crosses the eastern boundary of the eastern addition to upper Austin; running thence, along the boundary of said eastern addition to upper Austin, to the northern boundary of the same; and thence, in the same line of direction, to the summit of the dividing ridge lying northerly of Pony Canon, and known as Mount Prometheus; thence down said dividing ridge, and along the summit of Lander Hill, to the western boundary of E. A. Marsh and others survey; thence along the western boundary of said E. A. Marsh and others survey to the southern boundary of the same; thence along the southern boundary of the same to the eastern boundary of the same; thence, in a straight line, to the summit of the ridge south of Pony Canon; thence, along the summit of said dividing ridge, to a point southwest of the southwest corner of the eastern addition to upper Austin; thence, in a straight line, to said southwest corner of the eastern addition to upper Austin; and thence along the eastern boundary of said eastern addition to upper Austin to the place of beginning; including the surveys of Buel and others, ONeal, Frost and Co., Rodgers, Buel, Bateman, Harrington and Veatch, J. B. Marshall, Handy, Wells and Co., Peoples, McDonald and Adams, Wigmore, Sowers, Marsh, Hale, and others; and all lands, surveyed or unsurveyed, within said limits, is hereby declared to be a city, and shall hereafter be known as the city of Austin. Sec. 2. The city of Austin is hereby divided into four wards, whose boundaries shall be as follows: The first ward shall embrace all that portion of the city west of a line running northeast and southwest from the southerly boundary of said city to its northerly boundary, said line passing through the point known as the junction of the upper and lower grades. The second ward shall embrace all that portion of the city which is east of the terminus of said first ward, and west of a line running from the northern to the southern boundary of the city, passing through Virginia avenue, and running in the same line of direction of said avenue. The third ward shall embrace all that portion of the city which lies east of the second ward and west of the western boundary of ONeal, Frost & Co.s survey. The fourth ward shall extend from the eastern boundary of the third ward to the eastern boundary the city. Sec. 3. For the government of the city there shall be a Mayor and a Board of six Aldermen, who shall be known and designated as the Mayor and Common Council of the city of Austin. |
City boundaries.
Wards.
Mayor and Alderman. |
κ1864 Statutes of Nevada, Page 244 (CHAPTER 77)κ
|
Same.
City officers.
Ineligible to office.
Qualification
General election. |
designated as the Mayor and Common Council of the city of Austin. The said Mayor and Council shall be a body politic and corporate, under the name and style of the Mayor and Common Council of the City of Austin, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, complain and defend in all courts and in all actions and proceedings; may purchase, hold, and receive property, both real and personal, within said city, and may receive and hold, for the use of the city, legacies and donations of both real and personal property; may lease, sell, or otherwise dispose of all city property, both real and personal, for the benefit of the city, and may provide for the management, regulation and use of the same; provided, they shall not purchase any real estate, other than such as is within the city limits and necessary for public buildings; for the laying out, widening or improving the public streets, alleys, or grounds for burial purposes; they may also have a common seal, and may alter the same at pleasure. Sec. 4. The officers of the city of Austin shall be a Mayor, who shall be ex officio City Treasurer; one Alderman from the first ward, two Aldermen from the second ward, two Aldermen from the third ward, and one Alderman from the fourth ward; a City Clerk, who shall be ex officio City Assessor and clerk of the Common Council; a City Attorney; and such other officers as are hereinafter authorized to be appointed by the Common Council. The above officers shall be elected by the qualified voters of each ward in the city, and shall hold their office for the term of one year, and until their successors are elected and qualified. Each ward shall elect its own Aldermen. Sec. 5. No person shall be eligible to the office of Mayor, Alderman, City Clerk, or City Attorney, who is not a qualified elector of the State of Nevada, or who has not been a resident of said city for at least six months preceding the election; and no person shall be entitled to vote for any city officer in any ward, except the ward in which he resides. Sec. 6. No person shall be allowed to vote at any city election who is not a qualified elector of the State of Nevada and has not been a resident of said city for at least three months next preceding the election. Sec. 7. The general election for Mayor, Aldermen, City Clerk, and City Attorney, shall take place on the last Monday in April of every year, commencing with the last Monday of April, in the year of our Lord one thousand eight hundred and sixty-five. The Common Council of said city shall, for each election, appoint two Inspectors of Election in each ward, and designate the place for opening the polls. All the provisions of law in force regulating elections, so far as the same are consistent with the provisions of this Act, shall apply to the election of city officers by the voters of said city. The Inspectors of each ward shall appoint two clerks, whose duty it shall be to take down, in writing, the name of each voter as his vote is deposited. After the polls shall have been closed, it shall be the duty of the Inspectors and Clerks of each ward to proceed immediately and canvass the votes cast at each ward, which canvass shall be in public. Within three days after each election, the Inspectors and Clerks of each ward shall deliver to the person who shall have received the highest number of votes in each ward for Alderman a certificate of his election to said office. |
κ1864 Statutes of Nevada, Page 245 (CHAPTER 77)κ
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the Inspectors and Clerks of each ward shall deliver to the person who shall have received the highest number of votes in each ward for Alderman a certificate of his election to said office. At every annual election the Inspectors and Clerks in each ward shall, immediately after the votes are counted, make out a statement of the number of votes cast in each ward for the offices of Mayor, Aldermen, City Clerk, and City Attorney, and the number of votes cast for each person to fill said offices respectively, which statement shall be certified by them, under oath, to be correct. They shall also carefully seal up the votes and poll list, and direct the same to the Common Council of said city. It shall be the duty of the Clerk of such Election Board to deliver such sealed package, and said certified statement, to the Clerk of the Common Council, within three days after any election shall have been held. On the Saturday next after such election shall have been held, the Common Council shall proceed to ascertain, from said certified statement, what persons have received the highest number of votes in said city for the offices of Mayor, Aldermen, City Clerk, and City Attorney, and certificate of election shall be issued by the Clerk, under their direction, to the person who shall have received the highest number of votes for each of said offices respectively. The Clerk of the Common Council shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Mayor, Aldermen, City Clerk, and City Attorney, chosen at any election, shall be qualified and enter upon the discharge of their duties within one week after being notified of their election, and any officer, appointed by the Common Council, shall be qualified and enter upon the discharge of their duties within one week after their appointment. If any person chosen for office at any election, or who shall be appointed to office by the Common Council, shall fail to qualify as above required, the office for which he shall have been chosen or appointed shall be deemed vacant. All city officers, before entering upon the discharge of their duties, shall take the usual oath of office. Sec. 9. The Common Council, at their first meeting after the annual election, or at any regular meeting thereafter, when they shall deem the same expedient, shall elect a President from their own body, who shall preside at their meetings when the Mayor is not present; and whenever there is a vacancy in the office of Mayor, or whenever the Mayor is absent from the city or unable from any cause to discharge the duties of the office, the President of the Council shall act as Mayor, and possess all the powers and perform all the duties of the Mayor during such vacancy, absence, or disability. Sec. 10. When a vacancy shall occur in the office of Mayor, Alderman, City Clerk, or City Attorney, the Common Council shall appoint some person to fill such vacancy. The person appointed to fill such vacancy shall hold his office for the residue only of the term of his immediate predecessor. Sec. 11. The Common Council shall meet on the second Tuesday after the election, and weekly thereafter during the year, and at such other times as they by adjournment or resolution shall direct. |
Same.
When to qualify and enter on duties of office.
Council to elect certain officers.
To fill vacancies.
Meetings. |
κ1864 Statutes of Nevada, Page 246 (CHAPTER 77)κ
|
Quorum.
Rules, etc.
Voting.
Proceedings.
Powers of Council. |
year, and at such other times as they by adjournment or resolution shall direct. The Mayor may call special meetings at any time he may think proper, by causing a written notice of such special meeting to be served upon each member of the Common Council. At all meetings of the Common Council, the Mayor, when present, shall preside. Sec. 12. A majority of the Common Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members. No tax or assessment shall be ordered, nor shall any office be created, unless by a majority of all the members elect. In case of a tie, the Mayor shall have the casting vote. Sec. 13. The Common Council shall determine the rules for the government of their own proceedings, and shall be judges of the qualification and election of their members. Sec. 14. In the proceedings of the Common Council, each member present shall have a vote, except the Mayor, who shall have the casting vote in all cases where the votes of the other members are tied. Sec. 15. All meetings of the Common Council shall be public, except when the Board shall deem that the interests of the city require secrecy. A journal of all the proceedings of the Council shall be kept by the Clerk, and the ayes and noes shall be taken upon any question, and entered upon the journals, at the request of any two members. Sec. 16. The Common Council shall have power-First, To make by-laws and ordinances not repugnant to the constitution or laws of the United States or of the State of Nevada. Second, To levy and collect taxes on all property within the city, both real and personal, made taxable by law for State or county purposes, which tax shall not exceed one per centum per annum upon the assessed value of all such property, unless an increased [tax] shall be authorized by a vote of the people as hereinafter provided. Third, To lay out, extend, and alter the streets and alleys; provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks. The Common Council shall appoint one referee, and the owner or owners of such property so to be condemned to appoint one referee, and in the event that the two referees so appointed should not agree in the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees, with regard to the valuation of the property appraised by them, shall be final and binding; and in case the owner or owners of property so condemned shall refuse or neglect to comply with the provisions of this section, then the Common Council shall constitute a Board of Appraisers, whose decision concerning the valuation of the property by them appraised shall be final and binding. Fourth, To provide for the prevention and extinguishment of fires; also, to organize, regulate, and establish fire companies. Fifth, To regulate the storage of gunpowder and other combustibles. Sixth, To prevent and remove nuisance; also, to determine what are nuisances. |
κ1864 Statutes of Nevada, Page 247 (CHAPTER 77)κ
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prevent and remove nuisance; also, to determine what are nuisances. Seventh, To create and establish a city police; to prescribe their duties and compensation, and provide for the regulation and government of the same, but the pay of the regular policemen employed at any one time shall not exceed the sum of two thousand dollars per annum. Eighth, To fix and collect a license tax on and regulate all theatres and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license on and regulate all taverns, hotels, restaurants, saloons, bar rooms, bankers, brokers, gold dust buyers, manufactories, livery stables and livery stable keepers. express companies and persons engaged in the business of transmitting letters or packages, and stage companies, or owners, whose place of business is in said city, or who shall have any agency therein; to license and regulate auctioneers and stock brokers; to license, tax and regulate, prohibit and suppress all tippling houses, dram shops, raffles, hawkers, peddlers and pawnbrokers, refreshment or coffee stands, booths and sheds; also, to prohibit and suppress all gaming, gambling houses, disorderly houses, and houses of ill fame; to fix and collect license tax upon all professions, trades, or business not heretofore specified, having regard to the amount of business done by each person or firm so licensed. Ninth, To provide for all necessary public buildings for the use of the city. Tenth, To establish a Board of Health to prevent the introduction and spread of disease; to establish a city infirmary and provide for the indigent. Eleventh, To prevent and restrain any riot or riotous assemblage, or disorderly conduct, within said city. Twelfth, To fix and prescribe the punishment for the breach of any city ordinance, but no fines shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed of more than six months. Thirteenth, To compel the attendance of absent members; to punish members for their disorderly conduct, and to expel members for cause by a vote of two thirds of its members elected. Fourteenth, To make all necessary contracts and agreements for the benefit of the city; to contract debts on the faith of the city, but no debt shall be contracted, or liability incurred, unless there is actual cash in the treasury to meet such liability. They shall have power to appropriate money for any item of city expenditure; to appropriate to the use of the city all fines, penalties, and forfeitures, for the breach of any city ordinance. Fifteenth, To fix and establish the fees, salaries, and compensation of all city officers not otherwise provided for in this charter. Sec. 17. Whenever in the opinion of two thirds of the members of the Common Council it shall be deemed expedient, or for the interest of said city, to collect, by tax, for any purpose whatever, a larger sum of money than is hereinbefore authorized to be levied and collected, they shall by resolution inform the Mayor of the amount of money proposed to be collected, and the rate per centum necessary to be levied upon the assessed value of the property within said city; whether the same is to be levied and collected in one or two years, and the object or purpose for which the money is to be expended. The Mayor shall then, |
Same.
Additional tax, how levied and collected. |
κ1864 Statutes of Nevada, Page 248 (CHAPTER 77)κ
|
Same.
Accountability of officers
Semi-annual statement of finances. |
Mayor shall then, at least two weeks before the day when the proposition is to be voted upon by the people, issue his proclamation, and cause the same to be published for two weeks, at least once a week, in some newspaper published in said city, stating all matters contained in such resolution of the Common Council, and calling upon the people to vote upon the question of such tax. Such vote may be had either upon the day of the general annual election, or upon such other day as the Mayor in his proclamation may designate. Upon the day designated, the qualified electors of said city may vote upon the question of levying and collecting such tax. Those voting in favor thereof shall have either written or printed upon their ballots the words For the tax; and those voting against the same shall have written or printed upon their ballots the words Against the tax. If a majority of those voting upon the question shall vote in favor of the tax, the Common Council shall levy and and cause to be collected, in addition to the taxes before authorized, the said tax, at the rate per centum mentioned in the proclamation of the Mayor, at the same time and in the same manner as the other city taxes upon property are levied and collected. The money collected by such tax shall be a special fund, and shall be used and expended by the Common Council solely for the purpose or object mentioned in the proclamation of the Mayor, unless there shall be a surplus remaining after the accomplishment of such purpose or object; in which case such surplus shall be paid into the general fund of the city. Sec. 18. It shall be the duty of the Common Council to provide for the accountability of all officers and other persons elected under this charter, to whom the receipt or expenditure of any of the funds of the city shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties. Those persons or officers from whom security shall be required shall, before entering upon the discharge of their duties, file with the Common Council an official bond, with two sufficient sureties, to be approved by the Common Council; such bonds shall be payable to the Mayor and Common Council of the city of Austin, shall in form be joint and several, shall be conditioned for the faithful performance of the duties of the office. In case any such bond shall at any time be deemed insufficient, additional security may be required; and if the officer, or any person required to give such additional bond, shall neglect or refuse so to do for the space of three days after notice of such requirement, the Common Council may declare his office vacant. Sec. 19. It shall be the duty of the Common Council to publish, in one or more newspapers published in said city, semi-annually, a full and detailed statement of the receipts and disbursements of the city during the year ending on the last day of the month preceding that in which the publication is made, and shall set forth in every such statement the different sources of the city revenues, and the amount received from each, the various appropriations made by the Common Council, the object for which the same were made, and the amount expended under each. Sec. 20. Real and personal property may be sold by the City Collector for taxes or assessments due said city. |
κ1864 Statutes of Nevada, Page 249 (CHAPTER 77)κ
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City Collector for taxes or assessments due said city. The manner of assessing and collecting taxes, and the proceedings for the sale of property in case of non-payment of the same, shall be prescribed by ordinance. In case the property sold for taxes shall be personal property, the title to the same shall vest absolutely in the purchaser thereof; but of real property any person or persons may, at any time within six months after the date of such sale, redeem the same by depositing with the City Treasurer, for the benefit of such purchaser, the amount of such tax or assessment, and the expenses thereon, including the costs of certificate, together with fifty per centum upon such aggregate amount in addition. At the expiration of six months from the date of such sale, the title to any real estate sold for city taxes or assessments, and not redeemed as above provided, shall vest and remain absolutely in the purchaser thereof, or in his legal representatives; and the City Collector shall, on demand of such person or persons, make and execute to him or them, a deed duly acknowledged for the same, for which deed the said Collector shall be entitled to receive five dollars, and such deed shall be received in any court of this State as prima facie evidence that the grantee or grantees named in said deed, or his or their successors in interests, have a good and legal title to the premises described therein. Sec. 21. Special assessments may be made by ordinances for the opening, grading, paving, draining, or planking of any of the streets, alleys, or sidewalks of said city, upon the lots or parts of lots situated upon the line of the proposed improvement, and the Common Council shall have the authority to provide by ordinance the time and manner of assessing and collecting the same. Sec. 22. Every ordinance which shall have been passed by the Common Council shall, before it becomes effective, be presented to the Mayor for his approval. If he approve, he shall sign it; if not, he shall return it, with his objections in writing, to the Common Council, who shall cause such objections to be entered at large upon the journals, and shall proceed at once to consider the same, or appoint a time when they shall be considered. If, after such consideration, two thirds of the members elected shall vote in favor of the ordinance, the same shall thenceforth be in full force and effect, the objections of the Mayor notwithstanding. If any ordinance shall not be returned by the Mayor in five days (Sundays excepted) after it shall have been presented to him, the same shall then become of force and effect the same as if the Mayor had signed it. Sec. 23. It shall be the duty of the Mayor to communicate to the Common Council, semi-annually, and oftener, if he shall deem it expedient, a general statement of the situation and condition of the city in relation to its government, finances, and improvements; to recommend to the Common Council the adoption of all such measures connected with the health, cleanliness, and ornament of the city, and the improvement of the government and finances, as he shall deem expedient; to be vigilant and active in causing the laws and ordinances for the government of the city to be duly executed and enforced; to exercise a constant supervision and control over the conduct and acts of all subordinate officers; to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Common Council. |
Assessing and collecting taxes.
Tax deed.
Grading streets, etc.
Ordinances.
Duty of Mayor |
κ1864 Statutes of Nevada, Page 250 (CHAPTER 77)κ
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Duties of Aldermen.
Duty of City Treasurer.
Duty of City Clerk.
Duty of ex officio Assessor.
Recorder. |
and acts of all subordinate officers; to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Common Council. Sec. 24. It shall be the duty of every Alderman of said city to attend the regular and special meetings of the Common Council; to act upon committees when appointed thereto by the Mayor; to report to the Common Council all city officers whom they may know to be guilty of misconduct in office or neglect of duty, and to aid, to the extent of their ability, in maintaining the peace and good order of the city, and in enforcing the by-laws and ordinances of the Common Council. Sec. 25. It shall be the duty of the Mayor, as City Treasurer, to receive all moneys belonging to the city, and to disburse the same on proper warrants or vouchers. He shall keep an accurate and full account of all receipts and expenditures in such manner as the Council shall direct, and he shall, whenever required by the Common Council, present to them a full account of such receipts or expenditures for any period designated in their resolution. All warrants drawn on the Treasury shall have specified therein the services or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books. The Treasurer shall apportion all moneys which may come into his hands, and shall do and perform such other acts as shall be prescribed by ordinance. Sec. 26. It shall be the duty of the City Clerk to keep the corporate seal, and papers and documents belonging to the city; to file the same under appropriate heads; to attend the sittings of the Common Council, and keep a journal of their proceedings, and a record of all the by laws and ordinances, and copy the same for publication; to countersign all warrants and licenses issued in pursuance of the orders or ordinances of the Common Council; to affix the corporate seal thereto; to keep an accurate acconnt, in suitable books, under appropriate heads, of all warrants and orders drawn on the Treasury; also, to keep an accurate account, in appropriate books, of all licenses issued, the date of issue and amount; and to do and perform such other duties as may be required or directed by the Common Council by resolution or ordinance. Sec. 27. It shall be the duty of the City Clerk, as ex officio City Assessor, to make out and return to the Common Council a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list, and returning the same, shall be prescribed by ordinance. Sec. 28. The first Common Council elected under the provisions of this Act shall, within one month after their election, elect one of the then incumbents of the office of Justice of the Peace, in and for the township in which the city of Austin is situated, Recorder of said city, and the successors in office to said Justice of the Peace shall be ex officio Recorders of said city; provided, that said Justice of the Peace, and his successors, shall, before entering upon the duties of the office of Recorder, file such bonds as the Common Council may by ordinance direct. If from any cause a vacancy should occur in the office of Recorder, the Common Council shall elect some suitable person (who shall be a citizen of said city) to fill such vacancy. |
κ1864 Statutes of Nevada, Page 251 (CHAPTER 77)κ
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office of Recorder, the Common Council shall elect some suitable person (who shall be a citizen of said city) to fill such vacancy. Sec. 29. The Common Council shall each year, within one month after the annual election, elect by ballot a Marshal, who shall be ex officio City Collector and Chief of Police, and a City Physician, who shall hold their respective offices for the term of one year from the annual election, and until their successors are elected and qualified, unless they shall be previously removed for official misconduct. Sec. 30. The Common Council shall have power to create by ordinance such subordinate offices and they shall deem necessary. They shall also have the power to remove from office the City Marshal, or any other officer elected by them, whenever he shall have been declared by a majority of the votes of the Common Council guilty of any misconduct in office or neglect of duty. When any office has been created by ordinance, the Common Council shall have power to abolish such office, or remove from office any incumbent therein, whenever in their discretion they shall deem such abolishment or removal expedient. In all cases the Common Council shall vote by ballot. Sec. 31. A Recorders Court is hereby established in said city, which shall be presided over by the City Recorder, elected by the Common Council under the provisions of this Act, and by his successors in office, who shall have exclusive jurisdiction of all violations of city ordinances, and may hold to bail, fine, or commit to prison any offender in accordance with the provisions of such ordinance; of all cases of misdemeanor and willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or by both fine and imprisonment; also, of all cases of assault and battery, committed within the city limits, not charged to have been committed on a public officer in the discharge of his duties, or with intent to commit murder. The said Recorder shall have such further jurisdiction as is by general statute conferred upon Recorders Courts, and the proceedings therein shall be such as are provided by law for proceedings in Justices, Recorders, and Mayors Courts. Sec. 32. It shall be the duty of the City Marshal to execute and return all processes issued by the Recorder, or directed to him by any legal authority, and to attend upon the Recorders Court. He shall arrest all persons guilty of a breach of the peace, or other offense, committed in his presence, and all persons guilty of a breach of any city ordinance, and bring them before the Recorder for trial or examination. He shall be ex officio Chief of Police, and shall perform all such police and other duties as the Common Council may by resolution or ordinance direct. Sec. 33. It shall be the duty of the Marshal, as ex officio City Collector, to receive and collect all taxes and licensee due the city, and all other revenue due or to become due, and to pay the same over to the Treasurer. The time and manner of such collections and payments shall be such as the Common Council by ordinance shall prescribe. |
Marshal and other officers
Subordinate offices.
Recorders Court.
Jurisdiction.
Duty of City Marshal.
Duty of ex officio Collector. |
κ1864 Statutes of Nevada, Page 252 (CHAPTER 77)κ
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Duty of City Attorney.
Ayes and Noes.
Majority vote required to appropriate money.
To lay over.
Style of Ordinance.
Absence of Aldermen or other officers
City Officers to render books, etc., to successors in office.
City Prison, and powers of Recorder.
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Sec. 34. It shall be the duty of the City Attorney to attend to all suits, matters, and things in which the city may be interested, in which his services may be required; to give his advice in writing when requested by the Mayor and Common Council, and to do and perform all such things touching his office, as the Common Council may require of him, and to attend to all prosecutions in the Recorders Court, when requested so to do by the Recorder. Sec. 35. Upon the passage of all resolutions and ordinances appropriating money, imposing taxes, abolishing or increasing or lessening the amount to be paid for license, the ayes and noes shall be called and entered upon the journal. Sec. 36. A majority of all the members elected to the Common Council shall be necessary to pass any resolution, or ordinance, appropriating the sum of one hundred dollars, or more, for any purpose, or any ordinance, in any wise increasing or diminishing the city revenue. Sec. 37. Any resolution, or ordinance, providing for the appropriation of five hundred dollars, or more shall lay over for one week before final action shall be taken thereon. Sec. 38. The style of the city ordinance shall be: The Common Council of the city of Austin do ordain. All ordinances shall be published in one or more newspapers, published in said city, within one week after their passage. Sec. 39. If, in any event, a member of the Board of Aldermen, or any other city officer, shall remove from the city, or absent himself therefrom for more than thirty days, without special leave of the Board of Aldermen, or neglect within one week after receiving notice of his election or appointment to file his official bond as required by ordinance, then his office shall be declared vacant by the Council. It shall be the duty of all the city officers holding city property in their possession, such as books, records, papers of any description, and every other species of property belonging to the city, at the expiration of their term of office, to render such property to their successors in office, and for any neglect to comply with the provisions of this section, they shall each forfeit the sum of five hundred dollars, to be recovered, with costs of suit, in any court of competent jurisdiction, for the use of the city, and also be imprisoned in the city jail until such time as the property shall be delivered to their successors in office. Sec. 40. The Common Council may cause to be erected in the city of Austin a prison; and the Recorder shall have the power to sit upon and decide all cases of a criminal nature in accordance with the provisions of such ordinance or ordinances as the Common Council may adopt, to prescribe his duties and powers; to sentence any person or persons convicted under his jurisdiction, of any offense against any ordinance passed by the Common Council, and to impose penalties of fine, or imprisonment in the jail for such time as he shall prescribe, or both such fine and imprisonment, for such offense committed; and all fines, or such portion thereof as the Common Council may by ordinance direct, collected under the provisions of this Act, shall, by the Recorder, be paid over to the Treasurer of the city at such times as the Common Council may designate; and in the event of any fine not being paid, |
κ1864 Statutes of Nevada, Page 253 (CHAPTER 77)κ
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in the event of any fine not being paid, the Recorder shall have the power to sentence the offender or offenders to labor upon the public works of the city, including the streets thereof, at the rate of two dollars per day until the amount of his fine is canceled. Sec. 41. The fees, salaries, and compensation of the several officers of the city of Austin named in this Act shall be as follows: The Mayor and members of the Common Council shall receive no compensation whatsoever. The Recorder shall receive such fees and per centage of fines as the Common Council may by ordinance provide, but such fees and per centage shall in no case be a charge against the city. The Marshal shall receive a salary, for his services as such Marshal, in such sums as the Common Council may allow, not to exceed one thousand dollars per annum, payable in equal quarterly installments out of the city treasury, and five per centum on all moneys collected and paid over by him as such City Marshal and ex officio City Collector. The ex officio City Treasurer shall receive one and a half per centum on all moneys received, and one and a half per centum on all moneys disbursed by him, as such City Treasurer. The City Clerk shall receive, as ex officio City Assessor, such a per diem as the Common Council may allow, not to exceed five dollars per day for such number of days as he is actually employed in the discharge of his official duties as such ex officio Assessor. The City Clerk shall receive a salary for the services required to be performed by him by this Act, and the clerical services that may be required to be performed by him, by any resolution or ordinance of the Common Council, not to exceed the sum of one thousand dollars per annum, payable in equal quarterly payments out of the city treasury, to be allowed by the Common Council. He shall also receive fifty cents on every license issued within the corporate limits of the city. The City Attorney shall receive such salary and fees as the Common Council may allow; said salary shall not exceed the sum of five hundred dollars per annum. Sec. 42. Nothing in this Act contained shall repeal, or in any manner effect [affect] the binding force or validity of any ordinance now in force in said city, or affect in any manner any debt contracted or liability of said city now in existence. All of the official acts of the present Common Council, who have acted by virtue of any charter heretofore granted by the Legislative Assembly of the Territory of Nevada, to the city named in this Act, under the name of the city of Austin, are, and the same are hereby, legalized. Sec. 43. This Act shall take effect, and be in force, from and after the last Monday in April, in the year of our Lord one thousand eight hundred and sixty-five. Sec. 44. On and after the last Monday in April, in the year of our Lord one thousand eight hundred and sixty-five, an Act entitled An Act to incorporate the City of Austin, approved February twentieth, one thousand eight hundred and sixty-four, shall be, and is hereby, repealed. |
Compensation of officers.
Acts legalized.
Act to take effect.
Act repealed
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________
κ1864 Statutes of Nevada, Page 254κ
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Toll Roads, constructing and maintaing.
Right to construct, etc.
Proviso.
Bulletin board.
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Chap. LXXVIII.An Act to provide for constructing and maintaining Toll Roads and Bridges in the State of Nevada.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons desiring to construct and maintain a toll road, within any one or more of the counties of this State, shall make, sign, and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate specifying-First, The name by which the road shall be known; and, Second, The names of the places which shall constitute the termini of said road. Such certificate shall be accompanied with a plat of the route of the proposed road, and shall be recorded in the office of the County Recorder of the county or counties within or through which such road is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such road shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed. Sec. 2. On complying with the provisions of the preceding section, said person or persons shall have the right to construct, complete, and maintain a toll road over the route and between the termini mentioned in such certificate, and establish and collect such rates of toll thereon as he or they may deem proper for the term of ten years; provided, that after the expiration of five years from the time of the commencement of taking tolls on any such road, the county or counties in which it is located shall have the right to purchase any such road, at an appraised value, to be determined by five appraisers, to be selected as follows: Two by the owner or owners, two by the County Commissioners of any county in which said road is located wishing to purchase the same, and one by the four appraisers hereinbefore provided for, and their valuation shall be deemed the true value of the road. The rates of toll so established shall be written, painted, or printed, in a plain and legible manner, on a bulletin board, to be posted at each toll gate on such road; and if any person, who shall construct any toll road under the provisions of this Act, or who shall own any interest in any road so constructed, shall demand or collect any higher or greater rates of toll than those specified on said bulletin board, he shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction, shall, for each offense, be punished by fine in any sum not exceeding one hundred dollars, and in default of payment of such fine may, in the discretion of the court, be committed to the county jail until such fine be paid. One half of all fines so collected shall go to the informer or prosecutor, and one half to the school fund of the county; but in no case shall the county be responsible for the costs in any such prosecution. Sec. 3. Any person or persons proposing to construct a toll road, |
κ1864 Statutes of Nevada, Page 255 (CHAPTER 78)κ
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road, under the provisions of this Act, shall have the right to enter upon private lands for the purpose of examining and surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said road may be appropriated by said person or persons, after making compensation therefor as follows: Said person or persons shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third, who shall appraise the lands sought to be appropriated, after having been first sworn, before some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners, the appraised value of such lands, they shall be entitled to proceed in the construction of the road over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and provided further, that an appeal may be taken by either party from the finding of the appraisers, to the District Court of the district within which the lands so appraised shall be situated, at any time within three months after such appraisement. Sec. 4. The owner or owners of any toll road, constructed or maintained under the provisions of this Act, shall at all times keep the same in as good condition and repair as may be practicable; and if such owner or owners shall fail to keep the same in such condition and repair, each failure shall work a forfeiture of all rights, privileges, and franchise, belonging to such owner or owners or any person having any interest therein. Such franchise may be also declared forfeited on information in the nature of a quo warranto, in the manner provided by law; and the owner or owners of any road, [on] which tolls are collected under the provisions of this Act, shall be liable for all damages sustained by parties passing over such road, in consequence of the carelessness or negligence of the owner or owners in keeping their road in proper repair. Sec. 5. If any person, traveling upon any toll road that may be constructed under the provisions of this Act, shall attempt to run by, or go around, any toll gate established thereon, with the intent to avoid the payment of toll, he shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall, for each offense, be punished by fine in any sum not exceeding fifty dollars, and may, in the discretion of the court, be imprisoned in the county jail until such fine be paid. All fines collected under the provisions of this section, shall be paid into the treasury of the proper county, for the benefit of the school fund, but in no case shall the county be responsible for the costs of any such prosecution. Sec. 6. The owner, or owners, of any toll road, constructed under the provisions of this Act, shall keep, or cause to be kept, an accurate account of the gross receipts and expenditures of such road, and make a quarterly report thereof, under oath, to the State Controller, accompanied by the receipt of the County Treasurer, of the county in which such road is located, for two per cent. of the gross proceeds of such roads, which shall be paid by said County Treasurer as other moneys into the State Treasury, and credited to the general school fund; provided, that if, in three years after the completion of any road, the net proceeds shall exceed fifty per cent. |
May enter upon lands necessary for the constructn of roads, etc.
Appraisers.
Tender of appraised value.
Appeal.
Failure to keep road in repair, to work forfeiture.
Quo Warranto.
Penalty for avoiding payment of toll.
Quarterly report of gross receipts and expenditures. |
κ1864 Statutes of Nevada, Page 256 (CHAPTER 78)κ
|
Forfeiture of franchise, ownership to vest in counties. Proviso.
How rates of toll may be reduced.
Counties may purchase road, etc.
Franchise may be located under this act. Toll bridges.
Right of way
Not to interfere with road now in use. |
shall be paid by said County Treasurer as other moneys into the State Treasury, and credited to the general school fund; provided, that if, in three years after the completion of any road, the net proceeds shall exceed fifty per cent. per annum on the cost of construction, then all such excess of fifty per cent. shall be paid in the general State school fund, in the same manner as provided in this section, for the payment of the two per cent. on the gross proceeds, which shall, with the two per cent., be paid in the same kind of money or currency as that collected for tolls. Sec. 7. Upon the expiration, or forfeiture, of any toll road franchise, the ownership, with all the rights and privileges, shall vest in the county or counties in which it is located, and the County Commissioners may declare it a free highway, or they may collect tolls on such roads to keep them in good repair; provided, the County Commissioners may extend the time of any expired franchises, so as to allow the owners thereof to collect tolls thereon for five years, subject to all provisions of this Act. Sec. 8. Whenever any ten taxpayers in any county through which a road is located and constructed under the provisions of this law, are convinced that tolls charged on said road are unreasonably high, they shall have the right to petition to the Board of County Commissioners to have said rate reduced, which petition shall be accompanied by an affidavit, setting forth wherein said rates of toll should be reduced, and thereupon the County Commissioners shall immediately notify the owners of the road so complained of, who shall select three men to act with three County Commissioners, and the six shall select a seventh man, and the seven so selected shall have power to fix the rates of toll to be charged on any road thus complained of, which rates shall not be reduced for a period of five years thereafter, unless at the option of the owners thereof. At the expiration of five years, as mentioned in section two, the county or counties through which said road or roads are located, shall have the right to purchase the same; the price and mode of payment to be fixed by a board of referees, composed of the same number and selected in the same manner as mentioned in section two of this Act. Provided, however, that should no complaint be made of too high rates of toll, the said county or counties shall have the right of purchase, as aforestated, five years from the date of the completion thereof. Sec. 9. All franchises granted for toll roads by the first legislature of this State, may be located under the provisions of this Act. Sec. 10. Toll bridges may be established and maintained, subject to all the provisions of this Act. Sec. 11. Nothing in this Act shall be so construed as to give a right of way to exceed in width forty-five feet. Sec. 12. No toll road constructed under the provisions of this Act, nor otherwise, shall interfere with any road or highway, now in general use by the traveling public, or the emigration from the East. |
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κ1864 Statutes of Nevada, Page 257κ
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Chap. LXXIX.An Act in relation to the Collection of Taxes now delinquent.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All suits and judgments pending, and all suits hereafter commenced, for the collection of delinquent taxes heretofore assessed in the Territory of Nevada, and the several counties thereof, shall be prosecuted to judgment, execution, and final recovery, and all necessary and legal steps taken to secure the collection of said delinquent taxes under the same laws under which said taxes were assessed; and no repeal of such laws which has been, or may hereafter be, enacted during the present session of the Legislature, shall be so construed as in any manner to conflict with the provisions of this Act, until all delinquent taxes aforesaid shall have been collected, so far as it is necessary to continue the same in force to effect such collection. |
Suits, etc., for collection of delinquent taxes. |
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Chap. LXXX.An Act to create a Board of County Commissioners in the several counties of this State, and to define their Duties and Powers.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the general election of county officers in the several counties of this State, in the year one thousand eight hundred and sixty-six, (and at such election held every two years thereafter) by the qualified electors of each county, a Board of County Commissioners, to consist of three members, shall be elected, to possess such qualifications, and to have such powers, as hereafter provided; Provided, that in any county where, at the last State election, there was polled five thousand or more votes, such Board shall consist of five members; provided further, that in any such county, wherein five thousand or more votes were polled at said State election, the said Board of County Commissioners shall be increased to five members by appointment by the District Judge, or Judges, of the county, and such appointees shall hold their offices until their successors are elected and qualified as provided for in this section of this Act. Sec. 2. Said Commissioners shall be qualified electors of their respective counties, they shall enter on their duties on the first Monday in January subsequent to their election, and shall hold their office for two years, or until their successors are elected and qualified; but no county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner shall take and subscribe to the oath of office as prescribed by law. |
When elected and appointed.
Term of office. |
κ1864 Statutes of Nevada, Page 258 (CHAPTER 80)κ
|
Oath.
Meetings, where and when held.
Special meetings.
Quorum.
Clerk.
Absence of Chairman.
Compensation of Clerk
Records, etc. to be kept at office of Clerk.
Powers and jurisdiction of Board. |
discharge of the duties of his office, each Commissioner shall take and subscribe to the oath of office as prescribed by law. Sec. 3. The meetings of the Board of County Commissioners shall be held at the county seats of their respective counties on the first Mondays of January, April, July and October, of each year, and shall continue from time to time, until all the business before them is disposed of. The Board shall also meet on the tenth day after each general election, to canvass election returns. Sec. 4. If, at any time after the final adjournment of a regular meeting, the business of the county shall require a meeting of the Board, a special meeting of the same may be ordered by a majority of the Board. The order shall be entered on the records of the Board, and the clerk shall give at least five days notice of such special meeting to any member of the Board not joining in the order; and shall give notice for one week by publication in a newspaper, if one be published in the county, if none, by notice posted on the court-house door. The order shall specify the business to be performed, and no other shall be transacted at such special meeting. Sec. 5. A majority of the Board shall form a quorum for the transaction of business, and all sessions of the Board shall be public. They shall elect one of their number as chairman of the Board, and the County Clerk shall be clerk thereof. The clerk shall keep a full and complete record of all the proceedings of the Board, and all their proceedings shall be entered on the records. The record of each days proceedings of said Board shall be signed by the chairman and the clerk. In case the chairman shall be absent at any meeting of the Board, all documents, records, or papers requiring the signature of the Board, shall be signed by the members present. Sec. 6. The clerk shall receive a compensation for his services of five dollars per day for each day actually employed; in no case to exceed one hundred dollars per annum in the aggregate, and no fee, or other compensation whatever, shall be allowed the clerk for any service connected with the proceedings or business of the Board of County Commissioners. Sec. 7. The books, records and accounts of the Board shall be kept at the office of the clerk of the Board, and shall during business hours be open to public inspection, free of charge. Sec. 8. The Board of Commissioners shall have power and jurisdiction, in their respective counties: First, To make orders respecting the property of the county in conformity with any law of this State; and to take care of and preserve such property. Second, To examine, settle and allow all accounts legally chargeable against the county in the manner provided in this act, and to levy for the purposes prescribed by law such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the District Judge need not be audited by the Board, but the County Auditor shall on the first day of each quarter year, draw his warrant on the County Treasurer in favor of the District Judge for the amount due such Judge as salary for the quarter year preceding. Third, To examine and audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county, or appropriated by law or otherwise, for its use or benefit. |
κ1864 Statutes of Nevada, Page 259 (CHAPTER 80)κ
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or disbursement of any money belonging to the county, or appropriated by law or otherwise, for its use or benefit. Fourth, To lay out, control and manage public roads, turnpikes, ferries and bridges within the county; in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect. Fifth, To take care of and provide for the indigent sick of the county, in such manner only as is or may be provided by law. Sixth, To divide the county into townships, and to change the divisions of the same, and to create new townships, as the convenience of the county may require. Seventh, To establish, change and abolish election precincts, and to appoint inspectors and judges of elections. Eighth, To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county. Ninth, Lease or purchase any real or personal property necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the District Judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability. Tenth, To sell at public auction, at the court house of said county, after at least thirty days previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh, To cause to be erected and furnished, a court house, jail, and such other public buildings, as may be necessary, and to keep the same in repair; provided, That the contract for building the court house, jail, or other public buildings, be let out after at least thirty days previous public notice, as provided in sub-division ten of this section, in each case, of a readiness to receive proposals therefor, to the lowest bidder who will give good and sufficient security for the completion of any contract which he may make respecting the same; but no bid shall be accepted which the board may deem too high. Twelfth, To control the prosecution or defense of all suits to which the county is a party. Thirteenth, To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board. Sec. 9. Every demand against the county, except the salaries of the Auditor and District Judge or judges, shall be acted on by the Board of County Commissioners, and allowed or rejected in order of presentation, and must, after having been approved by the Board of County Commissioners before it can be paid, be presented to the County Auditor to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word allowed, with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto, and draw his warrant on the county treasury for the amount allowed. |
Same.
Allowance of demands. |
κ1864 Statutes of Nevada, Page 260 (CHAPTER 80)κ
|
Copy of order of allowance.
Proceedings when Auditor shall refuse to allow.
Duties of Auditor.
Indebtedness to be deducted. |
rant on the county treasury for the amount allowed. No demand shall be approved, allowed, audited or paid, unless each several item, date and value composing it, be indorsed upon the same, by the order of the Board of County Commissioners, together with a reference to the law, order, contract or authority, by title, date and section authorizing the same. Sec. 10. The County Auditor shall sign no warrant authorizing the payment of money by the Treasurer (except for the salary of the Auditor and District Judge or judges,) until a copy of the order of the Board of County Commissioners allowing the amount, and ordering the payment thereof, together with the account, have been submitted to him, and his allowance indorsed on such order, unless the said Auditor shall refuse to audit and allow the same, in which latter case the order shall be presented to the Board of County Commissioners, with the refusal of the Auditor indorsed, and his reasons for such refusal; and should the board order the issuance of such warrant, by a unanimous vote of all the members elected or appointed, the County Auditor shall immediately issue such warrants upon service upon him of a copy of such order of the board, certified to by the clerk of the board, that all the members elect voted for its passage; otherwise, the account shall be declared rejected, and no warrant shall thereupon issue. And if said Auditor allow such account in part, a warrant shall only issue for such part, unless the board, by a similar unanimous vote, allow a greater sum. No warrant shall be drawn by the Auditor on the County Treasurer, on any fund, unless the money be therein at the time to pay the same; and any warrant drawn contrary to this provision of this section, shall be void for all purposes whatsoever. Sec. 11. The Auditor shall number and keep a record of all demands allowed, showing the number, date, date of approval, amount, and name of the original holder, on what account allowed, and out of what fund payable. The County Auditor is required to be constantly acquainted with the exact condition of the treasury, and every lawful demand upon it; and shall report to the Board of County Commissioners, at each regular meeting thereof, the condition of each fund in the treasury. He shall keep a complete set of books for the county, which shall be open to the inspection of the public, free of charge, during business hours, in which shall be set forth in a plain and business like manner, every money transaction of the county, so that he can at any time when requested, tell the state of each fund, where the money came from, to what fund it belonged, and how, and for what purpose it was expended, and also the collection made, and the money paid into the treasury by each and every officer. Sec. 12. No demand upon the treasury shall be approved by the Board of County Commissioners, or allowed by the Auditor in favor of any person or officer in any manner indebted to the county, without first deducting the amount of such indebtedness; nor to any person or officer having the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, approved and allowed, as required by law; nor to any officer who shall have neglected or refused to comply with any of the provisions of this or any other Act, regulating the duties of such officer, on being required, in writing, to comply therewith by any member of the Board of County Commissioners. |
κ1864 Statutes of Nevada, Page 261 (CHAPTER 80)κ
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to comply with any of the provisions of this or any other Act, regulating the duties of such officer, on being required, in writing, to comply therewith by any member of the Board of County Commissioners. Sec. 13. The Board of County Commissioners shall also act as a Board of Canvassers, and declare election returns, and cause a certificate of election to be given by their clerk to any person who shall be elected to any county or township office within their county; provided, that when the election shall be held for County Commissioners, the District Judge or judges, shall canvass and declare the election returns for such commissioners, for which purpose all election returns shall be sealed and delivered according to law, to the County Clerk, and by him opened in the presence of the District Judge or judges, who shall declare the result as to County Commissioners, and the clerk shall give to each person elected as County Commissioner a certificate of his election; and the Board of County Commissioners shall then canvass the returns as to other officer. Sec. 14. The Board of County Commissioners shall, by an order to that effect entered upon the record, require new bonds of any county or township officer, with additional securities, whenever they deem the same necessary, and may require of all county or township officers instrusted with the collection, management, safe keeping or disbursement of public funds, a monthly report of all collections and disbursements made by them during the preceding month; and may at any time examine their books, accounts and vouchers. They shall see that all the county and township officers intrusted with the collection, disbursement, safe keeping or management of the public revenue, faithfully perform the duties imposed upon them by law, and shall cause them to be prosecuted for any delinquencies. Sec. 15. The Boards of County Commissioners shall, within sixty days after the passage of this Act, ascertain the amount of the existing debt of their respective counties, and the amount and condition of all revenue and property belonging to the county; and cause a statement of the same to be made out and published; and quarterly thereafter, the board shall publish a statement of the receipts and expenditures of the three months next preceding, and the accounts allowed. Said publications shall be made by making one insertion of the statement in a newspaper published in the county, but if no newspaper be published in the county then such publication shall be made by posting a copy of said statement at the Court House door, and at two other public places in the county. Sec. 16. The Board of County Commissioners shall not, for any purpose, contract debts or liabilities, except those expressly authorized by law; and whenever debts or liabilities shall have been created, which, added to the salaries of county officers, and other estimated liabilities fixed by law for the remainder of the year, will equal the revenue of the county for current expenses, no allowance whatever shall be made of any account, nor shall any expense be incurred, other than the salaries and fees expressly authorized by law. Sec. 17. Each member of the Board of County Commissioners shall be entitled to receive for his services, |
Canvassers.
May require new bonds of officers.
To publish statement of finances.
Not to incur expense to exceed revenue. |
κ1864 Statutes of Nevada, Page 262 (CHAPTER 80)κ
|
Compensation.
Proviso.
Vacancy in Board, how filled.
Board to fill vacancy in county and township offices.
Duty of District or Prosecuting Attorney.
District or prosecuting attorney not to advocate claims. Who may oppose allowance.
Penalty for being interested in contracts, etc.
When suit may be brought against a county. |
ers shall be entitled to receive for his services, for each days necessary attendance (not including Sundays) on the business of the county, a sum to be fixed by the board; said sum not to exceed in the aggregate during any one year, six hundred dollars to each member of said board; and he shall receive twenty cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of said board; provided, that no charge shall be made for more than one trip going and returning from the residence of such Commissioner at each session held; and provided, further, that no Commissioner shall be allowed any compensation for services by reason of his being on any committee appointed by the board, or for any other cause, except as herein provided. Sec. 18. Whenever a vacancy occurs in the Board of County Commissioners, from failure to elect, or otherwise, the same shall be filled by appointment by the District Judge of the district in which said county is situate. The person so appointed shall hold his office until the next regular election for such officers, and until their successors are elected and qualified; provided, that in Storey County such appointment shall be made by the three District Judges, or a majority of them. Sec. 19. When a vacancy shall occur in any county or township office, except the office of County Commissioner, the Board of County Commissioners shall appoint some suitable person, an elector of the county, to fill the vacancy until the next general election. Sec. 20. The district or prosecuting attorney, when not engaged in the District Court, in the discharge of his official duties, shall attend the sittings of the Board of County Commissioners; when engaged in auditing accounts and claims brought against the county, and in all cases shall oppose such accounts or claims as he may deem unjust, illegal or extortionate. Sec. 21. No district or prosecuting attorney, except for his own services, shall be allowed to present any claim, account or demand for allowance against the county, or in any way to advocate the relief asked on a claim or demand made by another. Sec. 22. Any person being a resident and tax payer of the county in which he resides, may appear before the Board of County Commissioners, and oppose the allowance of any claim or demand against the county. Sec. 23. No member of the Board of County Commissioners shall be interested directly or indirectly in any property purchased for the use of the county, or in any purchase or sale of property belonging to the county, nor in any contract made by the county for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes; and a violation of this section shall be a misdemeanor, punishable by fine of not less than one hundred dollars and not exceeding five hundred dollars, and shall be cause for removal from office. Sec. 24. No person shall sue a county in any case for any demand, unless he or she shall first present his or her claim or demand to the Board of County Commissioners, and County Auditor, for allowance and approval, and if they fail or refuse to allow the same, |
κ1864 Statutes of Nevada, Page 263 (CHAPTER 80)κ
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to allow the same, or some part thereof, the party feeling aggrieved may sue the county; and if the party suing recover in the action more than said board allowed, or offered to allow, said board and Auditor shall allow the amount of said judgment and costs as a just claim against the county; but if the party suing shall not recover more than the board and Auditor shall have offered to allow him or her, then costs shall be recovered against him or her by the county, and may be deducted from such demands. Sec. 25. All unaudited claims or accounts against any county in this State, shall be presented to the Board of County Commissioners of said county duly authenticated, within six months from the time such claims or accounts become due and payable; provided, nothing contained in this section shall be so construed as to prevent the presentation and auditing of any claim now due against any county in this State at any time within nine months from the passage of this Act. Sec. 26. No claim or account against any county in this State shall be audited, allowed or paid by the Board of County Commissioners, or any other officer of said county, unless the provisions of the last preceding section are strictly complied with. Sec. 27. No claim which has once been presented and rejected, shall ever again be considered or allowed by the same, or any subsequently elected or appointed Board of County Commissioners of the same county. Sec. 28. The seal of the county shall be the seal of the Board of County Commissioners. Sec. 29. The Commissioners are authorized and empowered to administer all oaths or affirmations necessary in discharging the duties of their offices. Sec. 30. When a majority only of the members shall be present at the meeting of the board, in case of a tie vote on any question, it shall be postponed to a subsequent meeting. Sec. 31. An Act of the Legislative Assembly of the Territory of Nevada, entitled An Act creating Boards of County Commissioners, and defining their duties, approved November twenty-eighth, one thousand eight hundred and sixty-one, and all other parts of Acts in conflict with, or inconsistent with the provisions of this Act, are hereby repealed. |
Unaudited claims, when to be presented.
Provisions of last Section to be complied with. Rejected claims.
Seal.
Oaths.
Tie vote.
Repeal. |
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Chap. LXXXI.An Act concerning unlawful holding over or of lands, tenements and other possessions.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When any person or persons shall hold over any lands, tenements or other possessions, after the termination of the time for which they are demised or let to him, her or them, or to the person or persons under whom he, she or they hold, or after any rent shall become due, |
Holding over of land, tenements, etc. |
κ1864 Statutes of Nevada, Page 264 (CHAPTER 81)κ
|
Trial by Justice of the Peace.
Demand.
Parties defendant.
Change of terms of lease. Notice.
Leases from month to month.
Premises held adversely. |
or after any rent shall become due, according to the terms of such lease or agreement, and shall remain unpaid for the space of three days after demand for payment thereof, in all such cases, if the lessor, his heirs, executors, administrators, assigns, agent or attorney, shall make demand in writing, of such tenant or tenants, or any person in possession of the premises, that he, she or they shall deliver the possession of the premises held as aforesaid, and if such tenant or tenants, or person or persons 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, or to pay the rent due and unpaid as aforesaid, upon complaint therefor to any Justice of the Peace of the proper county, the justice shall proceed to hear, try and determine the same in the manner in this Act provided. Sec. 2. It shall not be necessary, in order to work a forfeiture for non-payment of rent, to make demand thereof on the day on which the same becomes due, or at any particular time of the day, but demand may be made of the tenant in person, or of any person in possession, at any time within a year after such rent shall become due, according to the terms of any lease or agreement, and may be made for the whole amount due and unpaid at the time of such demand; and the failure on the part of the lessee or his assigns, to pay such rent upon such demand being made, shall have the same force and effect as if demand had been made on the premises toward sunset on the day when the rent became due. Sec. 3. 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 cannot be personally served with the summons within the county in 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 joined and served, a judgment against her shall only be valid against property on the premises at the time of of the trial. Sec. 4. In all lease 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 the month. In all leases of lands or tenements, or any interest therein, for a month or any less term than one year, and 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. Sec. 5. The remedy provided for in this Act shall not apply as against any person who shall have held the premises demised, leased or let to him, or to the person under or through whom he holds the possession for one year, adversely to the right, title or claim of the landlord, or to the person under or through whom he claims. |
κ1864 Statutes of Nevada, Page 265 (CHAPTER 81)κ
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title or claim of the landlord, or to the person under or through whom he claims. Sec. 6. Any Justice of the Peace of the proper county shall have jurisdiction of all actions commenced and prosecuted, as in this Act provided. Sec. 7. When any complaint shall be made in writing, under oath, to any Justice of the Peace, of any such unlawful holding over, said Justice shall issue a summons, directed to the Sheriff, or any Constable of the county, commanding him to summon the person or persons complained of, to appear before said Justice, on a day in such summons named, which shall not be less than three, nor more than six days, from the day of issuing such summons, and at the place therein mentioned. Sec. 8. Such summons shall be served upon the person or persons against whom the same is issued, by delivering a true copy thereof to such person or persons, at least two days before the return day thereof; and the officer serving the same shall make a special return of the time and manner of serving such summons. Sec. 9. If at the time of making such complaint it shall be made to appear that the person or persons, against whom said complaint is made, or either of them, are absent from the county, it shall be the duty of the Justice to issue his summons, as hereinbefore provided, and the same may be served by leaving a true copy thereof, at the last or usual place of abode of such person or persons, not less than two days from the return day thereof; which copy shall be left with some member of the family, or some person residing at such place, of suitable age and discretion, to whom the contents thereof shall be explained by the officer leaving the same; and the officer shall make a special return of the time and manner of serving and summons; and the suit shall thereafter proceed the same as though a personal service were had of such summons. Sec. 10. After the return of the summons, served as hereinbefore provided, and at the time and place appointed in said summons, the Justice shall proceed to hear and determine said complaint, unless either party shall demand a jury, in which case the Justice shall issue a venire for a jury, in the same manner, and upon the same terms as in other cases provided for trial by jury in Justices Courts; and such jury shall be sworn as in other cases. Sec. 11. The Justice may, at his discretion, and for good cause shown, adjourn the trial of any cause under this Act, not exceeding five days; and when the defendant, his agent or attorney, shall make oath that he cannot safely proceed to trial, for want of some material witness, naming him, stating the evidence that he expects to obtain, showing that he has used due diligence to obtain such witness, and believes that if an adjournment be allowed he will be able to procure the attendance of such witness, or his deposition, in time to produce the same upon the trial; in which case, if such person or persons will give bond, with one or more sufficient sureties, conditioned to pay the said complainant for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the said Justice shall adjourn said cause for such reasonable time as may appear necessary, not exceeding thirty days. |
Jurisdiction of Justice.
Complaint.
Summons.
Service of summons.
Service of summons.
Trial by Justice or jury.
Adjournment of trial. |
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Testimony.
Judgment.
Costs.
Damages.
Jurors and witnesses failing to appear, etc.
Appeal. |
for such reasonable time as may appear necessary, not exceeding thirty days. Sec. 12. If the complainant admit that the evidence stated in the affidavit mentioned in the last preceding section, would be given by such witness, and agree that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be adjourned. Sec. 13. The testimony of any witness which may be considered necessary by either party, may be taken in the same manner, and with the like effect, as is provided for the taking of testimony in other cases in Justices courts. Sec. 14. If, upon the trial of any complaint under this Act, the Justice or jury shall find the defendant or defendants, or either of them, guilty of the allegations in the complaint, said Justice shall immediately enter judgment for the complainant to have restitution of the premises, and shall tax the costs for the complainant, and shall issue execution therefor; but if the said Justice or jury find that the person complained of is not guilty, the Justice shall tax the costs against the complainant, and issue execution therefor. If the jury impanneled cannot agree upon a verdict, the Justice shall discharge them, and issue a new venire, returnable forthwith, or at some time agreed upon between the parties; and in case the jury fail to agree, each party shall pay one half of the jury fee, which shall abide the final determination of the suit. Sec. 15. In all cases of a verdict by the Justice or jury for the complainant, the damages shall be assessed, if claimed in the complaint, as well for waste and injury committed upon the premises, as for the rents and profits during such unlawful holding over, and the verdict shall also find the monthly value of the rents and profits of the said premises; and the complainant shall be entitled to recover treble damages against the person or persons against whom the judgment has been rendered, which damages shall be assessed by the Justice or jury, and entered as a judgment in the cause upon which execution shall issue. Sec. 16. Every person summoned as a juror, or subpoenaed as a witness, who shall not appear, or appearing, shall refuse to serve or give evidence in any cause instituted under this Act; shall forfeit and pay a fine for every such default or refusal, to the use of the county, unless some reasonable cause be assigned; such fine, not exceeding twenty dollars, as the Justice shall think proper to impose, and execution shall issue therefor. Sec. 17. If either party shall feel aggrieved by the verdict of the jury, or the decision of the Justice, he may appeal within ten days, as in other cases tried before Justices of the Peace, and he shall give bonds with two or more sufficient sureties, to be approved by said Justice, in all respects as appeals are perfected in other cases before Justices of the Peace, conditioned to pay all costs of such appeal, and abide the order the appellate court may make therein, and pay all rent and other damages justly accruing during the pending of such appeal; and upon the filing of the notice of appeal, and the affidavit of the appellant, that the appeal is taken in good faith, and that he intends to perfect said appeal, the Justice shall grant a stay of the writ of restitution, for not exceeding two days, for the purpose of allowing the appellant an opportunity to file his appeal bond, and for no other. |
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of restitution, for not exceeding two days, for the purpose of allowing the appellant an opportunity to file his appeal bond, and for no other. Sec. 18. Upon taking such appeal, all further proceedings in the cause shall be thereby stayed, and the appellate court, in all cases which are now pending, or which may hereafter be brought, shall proceed to try the case anew, and shall issue all necessary writs and process, to carry out the provisions of this Act. Sec. 19. If a writ of restitution shall have been issued previous to the taking of the appeal, the Justice shall give the appellant a certificate of the allowance of such appeal; and upon the serving of such certificate, upon the officer having such writ of restitution, said officer shall cease all further proceedings, by virtue of such writ; and if such writ shall not have been completely executed, the parties in possession shall remain in possession of the premises, until the appeal shall be determined. Sec. 20. In all cases of appeal under this Act, the appellate court shall not dismiss or quash the proceedings, for want of form; provided, the proceedings have been conducted substantially according to the provisions of this Act; and amendments to the complaint, answer or summons, in matters of form only, may be allowed by the court, at any time before final judgment, upon such terms as may be just, and all matters of excuse, justification or avoidance of the allegations in the complaint, may be given in evidence under the answer. Sec. 21. The following or equivalent forms may be used in proceedings under this Act, to wit: Summons: The State of Nevada to the Sheriff or any constable of the county of __________, greeting: Whereas, A B, of the county of __________, hath exhibited unto me, a Justice of the Peace for said county, a complaint against C D, of the county of __________, for that the said C D, of the county of __________, on the _____ day of _____, A. D. _____, at the county of __________, (here insert the substance of the complaint with sufficient certainty.) You are therefore commanded to summon the said C D, if he be found in your county, to be and appear before me, at my office, (stating the place) on the _____ day of _____ A. D. _____, then and there to make answer unto the complaint aforesaid. Given under my hand this _____ day of _____ A. D. _____. E F, Justice of the Peace. Sec. 22. Writ of Restitution: The State of Nevada, to the Sheriff or constable of the county of __________, greeting: whereas, A B, of the county of __________, at a court of inquiry of an unlawful holding over of lands, tenements and other possessions, held at my office, (stating the place) in the county aforesaid, on the _____ day of _____, A. D. _____ before me, a Justice of the Peace for the county aforesaid, by the consideration of the court, has recovered judgment against C D, to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause the said C D to be immediately removed from the aforesaid premises, and the said A B to have peaceable restitution of the same; and you are also commanded that, of the goods and chattels of the said C D, within said county, you cause to be made the sum of _____ dollars, for the said plaintiff, together with the costs of suit indorsed hereon, and make return hereof within thirty days from this date. |
Stay of proceedings.
Possession of premises.
Want of form.
Proviso.
Summons.
Writ of restitution. |
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county, you cause to be made the sum of _____ dollars, for the said plaintiff, together with the costs of suit indorsed hereon, and make return hereof within thirty days from this date. Given under my hand this _____ day of _____, A. D. _____. E F, Justice of the Peace. |
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Unlawful to use trade mark or name, without consent of owner.
Claim to be filed in office of Secretary of State. Fee for filing.
Violations of act.
Penalties. |
Chap. LXXXII.An Act concerning Trade Marks and Names
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When a person who has complied with the provisions of section two of this Act, uses any peculiar name, letters, marks, device, figures, or other trade mark or name, cut, stamped, cast or engraved upon, or in any manner attached to or connected with, any article, or with the covering or wrapping thereof, manufactured or sold by him, to designate it as an article of a peculiar kind, character or quality, or as an article manufactured or sold by him, or if such trade mark or name be so connected with any bottle, box, cask, or other thing used for holding such article, it shall be unlawful for any other person, without his consent, to use said trade mark or name, or any similar trade mark or name, for the purpose of representing any article to have been manufactured or sold by the person rightfully using such trade mark or name, or to be of the same kind, character or quality as that manufactured or sold by the person rightfully using such trade mark or name. Sec. 2. Any person wishing to secure the exclusive use of any such trade mark or name, under the provisions of this Act, shall file his claim to the same, and a copy or description of such trade mark or name, with the Secretary of State. Sec. 3. The Secretary of State shall keep a record of all trade marks or names filed in his office, with the date when filed, and name of claimant, for public examination. A fee of twenty dollars shall be paid to the Secretary of State at the time of filing each copy and description of any trade mark or name, by the party claiming the use and benefit of the same. It is hereby made the duty of the Secretary of State to pay all fees accruing under this section into the State library fund. Sec. 4. Any person violating the provisions of the first section of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than five days, nor more than thirty days, or by both such fine and imprisonment; and he shall be further liable to any party aggrieved by such violation for all damages actually incurred, to be recovered as a debt in any Court of competent jurisdiction. Sec. 5. It shall be unlawful for any person to counterfeit any trade mark or name, or to have or use a counterfeit trade mark or name, |
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mark or name, or sell any article bearing or having in any way connected with it a counterfeit trade mark or name, which has been filed according to section two of this Act, knowing it to be such, or having good and sufficient reason to know it to be such. Every alteration or imitation of any trade mark or name which has been filed according to section two of this Act, which shall be made, applied or used, or which shall cause any trade mark or name, with such alterations or imitation, to resemble any genuine trade mark or name, so as to be calculated or likely to deceive, shall be deemed to be a counterfeit trade mark or name, within the meaning of this Act, and every Act of making, applying or otherwise using any such alteration or imitation, as aforesaid, done by any person, such person shall be deemed to be guilty of counterfeiting a trade mark or name, or knowingly using a counterfeit trade mark or name, within the meaning of this Act. Every person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section four of this Act. Sec. 6. Every person who shall have or use any cask, bottle, vessel, case, cover, label, or other thing bearing, or having in any way connected with it the trade mark or name of another, which has been filed according to section two of this Act, for the purpose of disposing of any article with intent to deceive or defraud, other than that which said cask, bottle, vessel, case, cover, label or other thing originally contained, or was connected with by the owner of said trade mark or name, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section four of this Act. Sec. 7. Every person who shall knowingly aid, or abet, or counsel in, or procure the commission of any offense which is by this Act made a misdemeanor, shall be deemed and held to be guilty of a misdemeanor, and shall be subject to the penalties provided in section four of this Act. Sec. 8. This Act shall not be so construed as to permit any person to file, without authority from the owner, any trade mark or name owned, or previously used by another person, nor in any way to interfere with, hinder, prevent or restrain the importation or sale, by any person, of genuine articles of merchandise having, or belonging thereto, genuine trade marks or names manufactured or sold in other States or countries. Sec. 9. Any person who has first adopted and used a trade mark or name, whether within or beyond the limits of this State, shall be considered its original owner, and the ownership may be transferred in the same manner as personal property, and shall be entitled to the same protection by suits at law as other personal property. Sec. 10. Every person filing with the Secretary of State, as provided in section two of this Act, his claim to any trade mark or name, shall have attached to the copy and description thereof his affidavit, duly certified to by any officer authorized by the laws of this State to take acknowledgements of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner or agent of the accompanying trade mark or name. |
Counterfeiting.
Penalties.
Construction of Act.
Trade mark.
Original Owner.
Claim.
Affidavit to be attached |
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Injunction.
Evidence on trial. |
Sec. 11. Any court of competent jurisdiction may restrain, by injunction, any use of trade marks or names in violation of any section of this Act. Sec. 12. No person otherwise competent as a witness, shall be disqualified or excused from testifying as a witness, either before a grand jury or a petit jury, or otherwise, concerning any offense mentioned in this Act, on the ground that his testimony may criminate himself, but such testimony shall be reduced to writing, and no indictment or prosecution shall afterward he brought against him for said offenses, concerning which he has testified as a witness. Sec. 13. Any witness called to give testimony on behalf of the State, before any grand jury, or before any court of justice, shall be required to give such testimony, which shall be reduced to writing, and such witness shall not be liable to suffer any punishment or forfeiture for any offense against the provisions of this Act, so disclosed. |
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Service by publication.
Service by copy of summons and complaint. |
Chap. LXXXIII.An Act to amend 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, one thousand eight hundred and sixty-one.
[Approved March 8, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty of the Act of which this is amendatory, is hereby amended, so as to read as follows: Section Thirty. When the person on whom service is to be made, resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, and the fact shall appear by affidavit to the satisfaction of the court or a judge thereof, and it shall appear in like manner that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such court or judge may grant an order that service be made by publication of the summons. Where the action is brought against a corporation doing business in this State, but organized in the State of California, and having in this State no president or other head, secretary, cashier or managing agent, upon whom service of summons can be had, the court before which such action has been brought, or the judge thereof, may, upon the affidavit of the plaintiff showing the existence of the foregoing facts, make an order for the service on the defendant, of a copy of the summons and complaint in the action. Such service may be made by some competent person, appointed by the court, or the judge thereof, or by the sheriff of the county within the State of California, within which the principal place of business of such corporation may be located. Such service may be made personally within said State of California, by said sheriff or other person appointed by the court or judge, and shall be made in the same manner as required by law for the personal service of summons within this State. |
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State of California, by said sheriff or other person appointed by the court or judge, and shall be made in the same manner as required by law for the personal service of summons within this State. The service shall be upon the president or other head, secretary, cashier or managing agent of such corporation, and when proved to the satisfaction of the court, by the sworn return of said sheriff, or other person so appointed, shall be for all purposes as valid and effectual, as if made by a competent officer within this State; and in case such corporation shall not appear in the action within twenty days after such service, its default and judgment thereon may be entered as in other cases. |
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Chap. LXXXIV.An Act to compel the Owners of Toll Roads within this State to keep the same in repair.
[Approved March 9, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If, after the passage of this Act, any toll road in this State shall not at all times of the year be kept in good condition and repair, without break or interval between the points of beginning and terminus, by the owner or owners of the same, such owner or owners shall be deemed to have forfeited his or their right to maintain such road, and all the rights, privileges and franchises belonging or in any wise appertaining to the same. The question as to whether a forfeiture has accrued under the provisions of this Act, shall be determined in the manner provided in an Act entitled An Act regulating proceedings upon quo warranto and informations in the nature thereof, approved February twenty-first, one thousand eight hundred and sixty-five. |
When right to maintain deemed forfeited.
How forfeiture determined. |
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Chap. LXXXV.An Act to provide Revenue for the support of the Government of the State of Nevada.
[Approved March 9, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An annual ad valorem tax of ninety-five cents upon each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid for State purposes, upon the assessed value of all taxable property in this State not by this Act exempt from taxation. Said tax of ninety-five cents aforesaid is, and shall be held to be, the same as that levied under the provisions of an Act authorizing the issuance and sale of certain State bonds and levying a tax to provide means for the payment thereof, |
Amount of tax levied for State purposes, etc |
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Gold and silver coin.
Duty of Commissioners. |
issuance and sale of certain State bonds and levying a tax to provide means for the payment thereof, approved January fourth, one thousand eight hundred and sixty-five; and the money coming into the State Treasury from said tax shall be first applied to the payment of the principal and interest of the bonds provided to be issued under the provisions of said Act. Upon all taxable property in this State, as aforesaid, there shall be levied, and directed to be collected and paid, an additional ad valorem tax of twenty-five cents on each one hundred dollars value of said taxable property, which shall be appropriated to the payment of the indebtedness of the Territory of Nevada, assumed by the State of Nevada, and to that purpose only. Upon all the taxable property in this State, as aforesaid, there shall be levied, and directed to be collected and paid, an additional ad valorem tax of five cents upon each one hundred dollars value of taxable property, for the support and maintenance of a State University and Common Schools; and upon the same property the Board of County Commissioners, in each county, is hereby authorized and empowered to levy, and direct to be collected and paid, annually an ad valorem tax for county purposes, a sum not exceeding one hundred and fifty cents on each one hundred dollars value of taxable property in the county. The Board of County Commissioners of each county shall apportion the revenues coming into the county treasury under the provisions of this Act (after deducting the four per cent, as hereinafter provided for the Treasurers Salary Fund), into such funds as are now, or hereafter may be, provided by law; provided, that the Board of County Commissioners are hereby authorized to set aside such portion of all the revenues of the county to create a Redemption Fund, for the payment of outstanding indebtedness, as is provided by any law now in force, or which may hereafter be passed. The Board of County Commissioners of each county is hereby authorized and empowered annually to levy and collect such additional and special taxes as the statutes of the State may authorize and require them to levy and collect; provided, however, that when the Board of County Commissioners levy any tax, they shall cause such levy to be entered on the records of their proceedings, and shall direct their Clerk to deliver a certified copy thereof to the Assessor, Auditor and Treasurer; each of whom shall file said copy in his office. All taxes levied under the provisions of this Act shall be paid in gold and silver coin of the United States, or in foreign coin at the value fixed for such coin by the laws of the United States; and, provided, further, that county taxes levied under the provisions of any special law may be collected in such funds as in such special Act may be provided. Sec. 2. The Board of County Commissioners of each county shall, prior to the first Monday in April, unless otherwise provided by special Act, annually assess the amount of taxes that shall be levied for county purposes, designating the number of cents which shall on each one hundred dollars of taxable property, real or personal, be levied for each purpose; and shall add thereto the amount levied by law on each one hundred dollars of taxable property, real or personal, for State purposes. The Board of County Commissioners for the respective counties shall, prior to the first Monday in April of each year, cause to be prepared suitable and well bound books for the use of the Assessor, in which he shall enter his tax list, or assessment roll, as hereinafter provided. |
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shall, prior to the first Monday in April of each year, cause to be prepared suitable and well bound books for the use of the Assessor, in which he shall enter his tax list, or assessment roll, as hereinafter provided. Said books shall contain suitable printed heads, and be ruled to conform with the form of the assessment roll, as provided in this Act. Sec. 3. Every tax levied under the provisions or authority of this Act is hereby made a lien against the property assessed, and a lien shall attach upon the real property for the tax levied upon the personal property of the owner of such real estate, which lien shall attach on the first Monday in April in each year, on all property then in this State, and on all other property whenever it reaches the State, and shall not be satisfied or removed until all the taxes are paid, or the property has absolutely vested in a purchaser under a sale for taxes. Sec. 4. All property of every kind and nature whatsoever, within this State, shall be subject to taxation, except: First, all lands or other property of the State, or of any municipal corporation, or county of the State, and all lands or other property of the United States. Second, all houses occupied and owned by fire and military companies, also their apparatus, and all squares and lots dedicated or kept open for health, public use or ornament, or belonging to any county, city, town or village in this State. Third, public libraries, colleges, school houses, and other buildings for purposes of education, with their furniture, libraries, and other equipments and the lots or lands thereto appurtenant and used therewith, so long as the same shall be used for that purpose; provided, that when any of the real property mentioned in this subdivision is private property, from which a rent or other valuable consideration is received for its use, the same shall be taxed. Fourth, public hospitals, asylums, poor houses, and other charitable and benevolent institutions for the relief of the indigent or afflicted, and the lots or lands thereto appurtenant, with all furniture and equipments; all grounds and buildings belonging to agricultural societies so long as the same shall be used for that purpose only. Fifth, churches, chapels and other buildings for religious worship, with their furniture and equipments, and the lots of ground appurtenant and used therewith, owned by any religious association or society. Sixth, the buildings and lots of ground appurtenant thereto and used therewith, owned and used by the Order of Free and Accepted Masons, the Independent Order of Odd Fellows, or by any benevolent or charitable society, except such buildings and lots of ground as are owned and occupied in connection with individual owners, then only to the extent owned and occupied by such orders or societies. Seventh, cemeteries and graveyards, set apart and used for the purpose of interring the dead, except when such cemetery or graveyard is owned as individual property, and charges made therefor. Eighth, the property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family. Ninth, mines and mining claims. Tenth, no property belonging to any person who has arrived across the plains for the first time, after the first day of July in any year, shall be assessed in the same year, unless such property shall exceed one thousand dollars in value, |
Tax levied to be lien.
Property not taxed. |
κ1864 Statutes of Nevada, Page 274 (CHAPTER 85)κ
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Proviso.
Real estate, what deemed.
Personal property, deemed.
Proviso. |
sand dollars in value, and in case it does exceed such sum, then only the excess of that sum shall be assessed to such person; provided, nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States or of this State, or proceeds of the mines; and, provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States; and, provided further, all property shall be taxed at its cash value, at the time of making such assessment. Sec. 5. The term real estate, when used in this Act, shall be deemed and taken to mean and include, and it is hereby declared to mean and include, all houses, buildings, fences, ditches, structures, erections, toll roads and bridges, or other improvements built or erected upon any land, whether such land be private property or property of the State, or of the United States, or of any municipal or other corporation, or of any county, city or town in the State, the ownership of, or claim to, or possession of, or right of possession to, any lands within the State, and the claim by, or the possession of any person, firm, corporation, association or company to any land, and the same shall be listed under the head of real estate. The term personal property, whenever used in this Act, shall be deemed and taken to mean, and it is hereby declared to mean and include, all household and kitchen furniture, all law, medical and miscellaneous libraries, all goods, wares and merchandise, all chattels of every kind and description, all money on hand or on deposit, in bank or banks, or with individuals, all moneys at interest secured by mortgage or otherwise, gold dust, gold and silver bars, bullion, solvent debts, other than those mentioned in this section, when the amount exceeds the same character of indebtedness of the party assessed; stocks of goods on hand, horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks and jennies, and cattle of every description, wagons, carriages, buggies, omnibuses, stages, stage coaches, sulkies, carts, drays, and all other vehicles, whether for use, pleasure or hire; all machines and machinery; all works and improvements; all steamers, vessels, and water craft of every kind and name navigating or used upon the waters of any river or lake within this State; or having a general depot or terminals within this State. All capital loaned, invested or employed in any trade, commerce, or business whatsoever; the capital stock of all corporations (except the capital stock of corporations organized for mining purposes), companies, associations, ferries, or individuals doing business, or having an office within this state; the money property, and effects of every kind except real estate; of all banks, banking institutions, or firms, bankers, money lenders and brokers, and all property, of whatever kind or nature, not included in the term real estate, as said term is defined in this Act; provided, that gold and silver bearing ores, quartz or minerals, from which gold or silver is extracted, when in the hands of the producers thereof shall not mean nor be taken to mean, nor be listed and assessed under the term personal property, as used in this section of this Act, but is specially excepted therefrom, and shall be listed, assessed and taxed as hereinafter provided. |
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Sec. 6. Between the first Monday in April and the first Monday in August in each year, the County Assessor, except otherwise required by special enactment, shall ascertain by diligent inquiry and examination, all property in his county, real or personal, subject to taxation, and also the names of all persons, corporations, associations, companies or firms, owning, claiming, or having possession or control thereof, and he shall then determine the true cash value of all such property, and shall list and assess the same to the person, firm, corporation, association or company, owning or having possession, charge or control thereof. For the purpose of enabling the Assessor to make such assessment, he shall demand from each person and firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a statement under oath or affirmation, of all the real estate or personal property within the county owned, claimed by, or on deposit with, or in the possession or control of such person, firm, corporation, association or company. If any person, officer or agent, shall neglect or refuse, on demand of the Assessor or his deputy, to give under oath or affirmation, the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be guilty of misdemeanor, and shall be arrested upon complaint of the Assessor or his deputy, and upon conviction before a Justice of the Peace of the county, he or she shall be punished by a fine of not less than ten dollars, nor more than five hundred dollars, or by imprisonment in the county jail, for a term of not less than ten days, nor more than three months, or by both such fine and imprisonment, at the discretion of the court. If the owner of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as herein provided, within five days after demand is made therefor, the Assessor shall make an estimate of the value of such property, and assess the same accordingly. If the name of such absent owner is known to the Assessor, the property shall be assessed in his or her name. If unknown to the Assessor, the property shall be assessed to unknown owners. It is hereby made the duty of the Assessor at the end of each month to report to the District or Prosecuting Attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this Act, and it is hereby made the duty of such District or Prosecuting Attorney to prosecute all persons so offending. Sec. 7. The Assessor and his sureties shall be and they are hereby made liable for the taxes on all taxable property within the county which is not assessed through his willful neglect; provided, however, if it can be proved that any non-assessment was caused by the refusal of the owner, agent or claimant of such property, or of the person or persons having it in possession, or under his or their control or charge, to give a list of it to the Assessor, the Assessor shall not be liable, but the person or persons whose refusal to give the Assessor such list, caused the omission, shall pay double the taxes imposed upon the property when assessed. |
Duty of County Assessor.
When Assessor liable for taxes. |
κ1864 Statutes of Nevada, Page 276 (CHAPTER 85)κ
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List of real estate, etc.
List of property in another county.
Stocks, how assessed.
Property of deceased persons. |
omission, shall pay double the taxes imposed upon the property when assessed. Sec. 8. At the same time and in the same manner as other lists of property herein required are given, each and every person shall deliver under oath or affirmation, to the Assessor, a similar list of all real estate, with the improvements thereon, and all personal property which he and the firm of which he is a member, and the corporation of which he is president, cashier, treasurer, secretary, trustee, or managing agent, owns, claims or has the charge, possession or control of in any other county of the State which he does not of his own personal knowledge know has been assessed in such other county for that year, which list shall particularly describe each tract of land, and each city or town lot contained therein, (so that the same may be found and known by such description,) and all vessels, steamers, and other water craft, and shall also specify each and all deposits, if any, and persons with whom such deposit or deposits are made, and the place and places in which the same may be found, unless he shall have included all such money, gold dust, gold and silver bars and bullion, in the list of property in his county which it shall be lawful to do; and shall also specify the kind and nature of all other personal property in such county belonging to or under the charge, control or in the possession of him or them. Sec. 9. Every Assessor, as soon as he shall have received a list of any property in another county under the foregoing section, shall make out from the list delivered to him, a list for each county in which any such taxable property may be, and shall transmit the same by mail or express to the Assessor of the proper county, who shall assess the same as other taxable property therein, if it has not been before assessed for the same year. Sec. 10. The owner or holder of any stock in any firm, incorporated company or association, the entire capital of which is invested in property which is assessed, or the capital of which is assessed, shall not be assessed individually for his stock in such company or association, nor shall any person having an interest in any partnership or firm, be individually assessed for the partnership or firm property, if such property is assessed to the partnership or firm. The property of every firm, incorporated company or association, shall be taxed in the county where the property is situated; provided, that whenever any portion of the property of any such company shall be assessed and taxed in the county wherein the same is located, then upon presentation at the principal office of such company, of the certificate or receipt of the Collector of said county, that such taxes have been paid in another county, the same shall be deducted at the principal office, from the aggregate amount of taxes imposed upon or paid by said company for the same property in the county wherein the principal office of the said company is situated. The undivided property of deceased and insane persons may be listed to the heirs, guardians, executors or administrators, as the case may be, and a payment of taxes made by either shall bind all the parties in interest for their equal proportions. It is hereby made the duty of every District Judge, from time to time, |
κ1864 Statutes of Nevada, Page 277 (CHAPTER 85)κ
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from time to time, to direct each and every administrator, executor and guardian (which direction may be especially given in each case or by general order), to pay out of the funds of the estate all taxes that have attached or accrued against such estate after the passage of this Act; and no order or decree for the distribution of any property of any decedent among the heirs or devisees shall be made until the taxes which have been attached to or accrued against the estate shall have been paid. Sec. 11. If any person shall willfully make or give under oath or affirmation a false list of his, her or their taxable property, or a false list of taxable property under his, her or their control, such person shall be deemed guilty of perjury, and upon conviction thereof shall be punished therefor as is by law provided for the punishment of perjury. Sec. 12. It shall be the duty of the Assessor to prepare a tax list, or assessment roll, alphabetically arranged, in the book or books furnished him by the Board of County Commissioners for that purpose, in which book or books shall be listed all the real estate, improvements on real estate including improvements on public lands, and other personal property within the limits of the county, and in said book or books he shall set down in separate columns, first, the names of the taxable inhabitants, firms, incorporated companies or associations, in alphabetical order, if known; if unknown, the property shall be assessed to unknown owners. And if any person shall refuse to make a statement of his property under oath, as required by this Act, that fact shall be noted under his name. Second, all real estate, including the ownership of claim to, or possession of, or right of possession to any land and improvements taxable to each inhabitant, firm, incorporated company or association, described by metes and bounds, or by common designation or name; if situated within the limits of any city or incorporated town, described by lots or fractions of lots; if without said limits, giving the number of acres, as near as can be conveniently ascertained, and the location and township where situated. All improvements on public lands, describing as nearly as possible the location of said improvements; provided, that when two or more parties claim by description the same land, it shall be assessed to each party making such claim, or giving such description, according to the estimated value of the claims of each. Third, the cash value of real estate, including the possessory claim to lands, and the improvements thereon. Fourth, the cash value of all improvements on real estate, including possessory claims, where the same is assessed to a person other than the owner of said real estate. Fifth, the cash value of all personal property, except improvements on real estate or public lands taxable to each. Sixth, the total value of all property taxable to each, and no further description of personal property than that required by the foregoing provisions of this section, shall be needed or be requisite to render the assessment binding and effective. |
False list.
Tax list, how arranged.
Proviso. |
κ1864 Statutes of Nevada, Page 278 (CHAPTER 85)κ
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Form of Assessment roll.
Map of town or city.
Tax List. |
The form of the Assessment Roll shall be substantially as follows:
Sec. 13. The Assessor shall also, when directed by the Board of County Commissioners, in a book, make a map or plan of the the various blocks within any incorporated city or town, and shall mark thereon the various subdivisions as they are assessed; and in each subdivision he shall mark the names of persons to whom it is assessed. Sec. 14. On or before the first Monday in August in each year, the Assessor shall complete his tax list or assessment roll, and shall attach his certificate thereto, and deliver it, and the map book and all the original lists of property given to him, to the clerk of the Board of County Commissioners; |
κ1864 Statutes of Nevada, Page 279 (CHAPTER 85)κ
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the clerk of the Board of County Commissioners; and as soon as he receives said assessment roll, the clerk of the Board of County Commissioners shall give notice of the fact, specifying therein the time of meeting of the Board of Equalization, by publication in one newspaper, if there be one published in the county, and if none, then in such manner as the Board of County Commissioners shall direct, and shall keep the roll open in his office for public inspection. Sec. 15. The Board of County Commissioners shall constitute a Board of Equalization, of which Board the clerk of the Board of County Commissioners shall be clerk. The Board of Equalization shall meet on the second Monday in August in each year, and shall continue in session from time to time until the business of equalization presented to them is disposed of; provided, however, that they shall not sit after the first Monday in September, except as in this section provided. The Board of Equalization shall have power to determine all complaints made in regard to the assessed value of any property, and may change and correct any valuation, either by adding thereto or deducting therefrom, if they deem the sum fixed in the assessment roll either above or below its true value, whether said sum was fixed by the owner or the Assessor. Except that in case where the person complaining of the assessment has refused to give the Assessor his list under oath, as required by this Act, no reduction shall be made by the Board of Equalization in the assessment made by the Assessor; and if the Board of Equalization shall find it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct their clerk to give notice to the persons interested by letter deposited in the postoffice, or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. As soon as possible after the adjournment of the Board of Equalization, in September, its clerk shall make out a list of all persons, the value of whose property has been added to, and the amounts so added on the assessment roll, who have not appeared before the board; and a list of all property, the valuation of which has been added to on the assessment roll, with the amounts so added, the owners of which have not appeared before the board; and the Board of County Commissioners shall cause the same to be published in one newspaper in the county, if there be any, and if not, then by posting one copy of the same in a public and conspicuous place in each election precinct in the county; and any person, to the assessed value of whose property there was an amount added, not appearing before the Board of Equalization in August, may appear before the Board in September, and upon making affidavit that he had no knowledge of such increased valuation of his property, he shall have a hearing before the Board of Equalization, and the determination then shall be final, and the Clerk of the Board of Equalization shall note all changes made and report the same to the Auditor, who shall make the changes required on the original assessment roll; and the Auditor shall, in the next regular statement to the Controller of State, report such changes in such statement during the session of the Board of Equalization. The Assessor, either in person or by deputy, shall be present; also, any deputy whose testimony may be required by the parties appealing to the board; and they shall have the right to make any statement touching such assessment, and producing evidence relating to questions before the board. |
Board of Equalization
Powers
Clerk of Board.
Assessor to be present. |
κ1864 Statutes of Nevada, Page 280 (CHAPTER 85)κ
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Recorder to be present.
Quorum.
Clerk to enter corrections on assessment roll and deliver to Auditor.
Amount of taxes to be charged to tax receivers
Ex officio tax receivers
Duty of tax receiver. |
shall be present; also, any deputy whose testimony may be required by the parties appealing to the board; and they shall have the right to make any statement touching such assessment, and producing evidence relating to questions before the board. And the Recorder of the county shall be also present and attend on the Board of Equalization with an abstract of all unsatisfied mortgages and liens remaining on record in his office, arranged in alphabetical order; for which service he shall receive no compensation. And the Board of Equalization shall make use of such abstracts and all other information that they can procure from the Recorder in the Recorders office, or otherwise, in equalizing the assessment roll of the county; and may require the Assessor to enter upon such assessment roll any mortgage or lien, or other property which has not been assessed; and the assessment and equalization so made shall have the same force and effect as if made by the Assessor before the delivery of the assessment roll by him to the Clerk of the Board of Equalization. A quorum of the Board of County Commissioners shall be sufficient to constitute the Board of Equalization, and a majority of the members present shall determine the action of the board. On the third Monday in September, the Board of County Commissioners shall meet as a Board of Equalization, to equalize the assessment roll and hear complaints in the excepted cases mentioned in this section. Sec. 16. During this session, or as soon as possible after the adjournment of the Board of Equalization, its Clerk shall enter upon the assessment roll all the changes and corrections made by the Board, and thereupon deliver the assessment roll, so corrected, to the County Auditor, whose duty it shall be to add up the columns of valuation, and enter the total value of each description of property in the roll; to carry out in separate columns on the original assessment roll the State, county and other taxes, and totals of all taxes to each person. He shall attach his certificate thereto, and on or before the third Monday in September he shall deliver the assessment roll, together with the maps, or plat book, to the ex officio Tax Receiver. Sec. 17. On delivering the assessment roll to the ex officio Tax Receiver, the Auditor shall charge him with the amount of all taxes levied, and shall forthwith transmit, by mail or otherwise, to the Controller of State a statement of the amount of real and personal property assessed in the county, and the amount of taxes thereon. Sec. 18. The several County Treasurers of this State shall be ex officio Tax Receivers, under the provisions of this Act, for their several counties; and they shall receive all taxes on real and personal property, and receipt for the same. Sec. 19. Upon receiving the assessment roll from the Auditor, the ex officio Tax Receiver shall proceed to receive the taxes, and shall forthwith give notice by publication in one newspaper, if there be any published in his county, and if none be published, then by posting notices in three public and conspicuous places in the county, that the State and county taxes are due and payable, and that the laws in regard to their collection will be strictly enforced. |