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κ1864 Statutes of Nevada, Page 381 (CHAPTER 124)κ
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in each election precinct or district, alphabetically arranged according to their respective surnames, and to show, in separate columns, the name at full length, the age, the country of birth, the occupation, and the place of residence, together with the date of registry and number. If the elector resides in an incorporated city or village, then the residence shall be indicated by the number of the dwelling, if there be any; if none, an accurate location of the same, and the name of the street, avenue or alley on which, and the ward in which, the dwelling stands. Sec. 3. The registers may be in the following form, or in such other form as to most conveniently and economically carry out the provisions and intention of this Act, to wit:
In order to save the expense and labor of making out a register complete annually, the registers shall be so prepared as to designate, after the first year of registration, who are registered for any particular year by some particular character, as by the letter R, entered under a heading for that year, as above, opposite to and on the same line as that on which the name of the elector is registered; so, also, as to show a heading as above under which the Inspectors may check off the names of those voting during that year, as by the letter V, entered under the proper heading opposite to and on the same line as that on which the name of the elector is registered. Sec. 4. The Board of Registration of the several counties shall hold six sessions annually (provided, in precincts or townships ten (10) miles distant or more from the county seat, said Commissioners shall appoint a Justice of the Peace to act as Register Agent, whose duty it shall be to register the names of the voters in their respective precincts or townships, upon the days specified in this Act for the sessions of said Commissioners, and return a list of said voters to said Commissioners within ten days after the close of each respective session held by said Justice of the Peace, |
Form of register.
Where to hold session. |
κ1864 Statutes of Nevada, Page 382 (CHAPTER 124)κ
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Qualifications.
Form of oath.
Right of challenge. |
tice of the Peace, and said Justice shall be govered by the same rules as the Commissioners are in such cases), commencing on the first Mondays of May, June, July, August, September, and October, at all of which they shall transact any business which may be required by law; and said sessions may be adjourned from day to day, as in the judgment of said Board it may be deemed necessary; provided, that no session shall be continued for a longer period than six days. For at least one week previous to the time of the beginning of each session, said Board of Registration shall cause to be published in the several newspapers in their county, if any, and if none, in some newspaper nearest the county seat of their county, a notice that the Board of Registration will meet on some day certain, and the place thereof, which said day and place shall be specified in the notice, and the purpose for which they will meet. The hours of the session of the said Board of Registration shall be between ten oclock a.m. and six oclock p.m., and shall be held at the county seat of the respective counties. When the Board has so met and organized, they shall proceed, in conformity to the notice aforesaid, to receive and register the names, and make a perfect list, as near as may be, of all the persons qualified and entitled to vote at elections in each election precinct or district of their respective counties, and of those who will legally acquire the right to vote prior to the next ensuing election, which list, when complete, shall be constituted and known as the register of elections of their respective counties. Sec. 5. In addition to the qualifications hereinbefore prescribed, each elector, before he shall be entitled to have his name received and registered by said Board of Registration as a qualified elector, shall take and subscribe to the following oath or affirmation, which may be administered by any of said board or its clerks, to wit: I [here the elector mentions his name], do solemnly swear [or affirm, as the case may be], that I will support, protect and defend, the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State or Territory, or State or Territorial Convention or Legislature to the contrary notwithstanding; and furthermore, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and that I have not, since I arrived at the age of eighteen years, voluntarily borne arms against the United States, or held any civil or military office under the so called Confederate States, or either of them; and further, I do solemnly swear (or affirm) that I am a citizen of the United States, and will have actually and not constructively resided in this State six months, and in the county thirty days next preceding the day of the next ensuing election, so help me God (if an oath); under the pains and penalties of perjury, if an affirmation. The elector may swear or affirm according to the forms and customs of his religious faith, or in such manner as may be obligatory upon his conscience. Sec. 6. If any person shall offer or claim to be registered whom neither of the Board of Registration shall know to be entitled to vote in the county in which he claims to reside, or who, |
κ1864 Statutes of Nevada, Page 383 (CHAPTER 124)κ
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who, at the time of offering to be registered, shall be challenged by any person entitled to vote in said county, stating briefly the grounds of such challenge, it shall be the duty of the board to require the person so challenged to give true answers, under oath or affirmation, to all such questions as they may ask touching and testing the qualifications of such persons to vote at elections, and if the board, or majority thereof, shall be of opinion, from the answers given to such questions, that such person is not a qualified elector, they shall refuse to receive and register his name. Such person may, in case his name is not received and registered by said board, apply to any District Judge of his county for a writ of mandamus to compel the same; and any elector may also apply to any District Judge for a writ of mandamus to compel said board to take from the list of registered voters the name of any person not qualified to vote. When a naturalized citizen shall present himself for registration, his certificate of naturalization must be produced and stamped or marked by the registers with their names, and the year and county where presented, but when it shall satisfactorily appear to the registrars, by the oath of, or affirmation of the applicant, (and the oath or affirmation of one or more credible citizens as to the credibility of such applicant, if deemed necessary,) that such certificate of naturalization is destroyed or lost, said registrars shall proceed to register the name of said applicant (if qualified in other respects) in said registry of voters, together with the names of the witnesses produced, the time when and the place where said applicant was naturalized, with all other important facts sworn or affirmed to on such application. Any person moving from one election precinct or district to another, or out of the county, shall appear before the Board of Registration and have his name registered in the precinct or district to which he removes, if it be in the same county, and erased from the register of the precinct or district from which he removes. Sec. 7. Previous to the general election in each year, the Boards of Registration shall, at their October sessions, complete the registry for their county, for that electoral year, and after completing said list, they shall cause such numbers of copies of the names registered for each election precinct as they may deem advisable, to be immediately printed or written, and shall post or cause said lists to be posted up in at least five (5) public places in each election precinct or district of their counties. The remainder shall be distributed by the board among the electors of the respective election precincts. The board shall also give notice on the lists so posted, of a future adjourned session, to be held on the twentieth day of October, prior to the general election, and if said day shall fall on Sunday, then the Monday following, for the purpose of receiving objections to the right to vote, on the part of any person registered as aforesaid; said objections shall be made by a qualified elector in writing, subscribed and sworn or affirmed to by such elector, to the best of his knowledge or belief. A copy of such written objections, together with a notice requiring the person objected to, to appear on the first day of such adjourned session, and answer such questions as may be propounded to him under oath, by the Board of Registration, |
Public notice of registry list.
Adjourned sessions. |
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Board to examine into qualifications.
When to hold session.
Shall take oath.
Ex officio clerks. |
by the Board of Registration, touching his qualifications as an elector, shall be served on the person objected to, which copies shall be personally served on such person, or left at his residence, as the same shall appear on the register of such electoral year. Such service, and the return thereof, shall be made by the persons and in the manner provided by law for the service and return of subpoena in civil cases in the District Court. And no such objections shall be considered by the board, unless it shall appear from the return of some officer, or the affidavit of some person authorized to serve subpoena in civil cases, that service of a copy of such objections and notice, shall have been made as above provided. At such adjourned session, the board, after being satisfied from the proper returns or affidavit, that a copy of such objections and notice have been served upon the person objected to, as above provided, shall proceed to examine such person (if present) under oath, touching all matters specified in such written objections and respecting his qualifications as an elector. If the board, or a majority of them, shall be satisfied from the sworn answers of the person objected to, that such person is not a qualified elector, or if such person, after having been duly notified of such objections as above provided, shall fail to appear and answer such questions as may be propounded to him by the board, it shall be the duty of such board to strike his name from the register for that electoral year. Any person whose name shall be stricken from the register, as above specified, may apply to the District Court for a writ of mandamus to have the name again placed upon the register, which writ shall be granted upon its appearing to such Court that such person is a qualified elector under this Act. Sec. 8. At least four (4) weeks previous to any special or municipal election, or any election provided for by law (other than the general election, as hereinbefore provided for), it shall be the duty of the Board of Registration to hold a session for a like purpose, and conduct their proceedings in all respects in the same manner in which they are required by section four (4) of this Act. Sec. 9. Before entering upon the duties prescribed by this Act, the members of the several Boards of Registration, and the clerk thereof, shall take and subscribe the oath of office, as required by law, before any officer legally authorized to administer oaths, which shall be filed in the office of the County Clerk. Sec. 10. The clerks of the Board of County Commissioners of the several counties of the State are hereby declared to be ex officio clerks of the respective Boards of Registration of the State for their several counties, and after the final completion of the registers of each election precinct, or district, for the several counties of the State, previous to the general election in November of each year, the same shall be signed by the Registrars under whom they were respectively made, or by a majority thereof, and certified to by their clerk; and said clerk shall immediately make out certified copies of such register for each election precinct, or district, of his county; and when so made, it shall be the duty of said Board of Registration to have one copy of such certified registers delivered to the Inspectors of Elections for each election precinct or district of their county, three days preceding the day on which such election takes place. |
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each election precinct or district of their county, three days preceding the day on which such election takes place. Sec. 11. The members of the Board of Registration, and their clerks, shall each receive the sum of five (5) dollars for each day actually and necessarily employed while sitting as a Board of Registry, which shall be paid to them in the same manner in which County Commissioners and their clerks are now paid; provided, that should said Board of Registration, upon one and the same day, also sit as a Board of County Commissioners, they and their clerks shall only receive the same compensation as provided by law for County Commissioners. It shall be the duty of the Board of Registration to set off and establish election precincts, or districts, when it may be necessary, and also at their first regular session in October of each year, preceding the general election, to appoint three capable and discreet persons, possessing the qualifications of electors, to act as Inspectors at the election, at each election precinct; and the clerk of said Board of Registration, shall make out and deliver to the Sheriff of the county, immediately after the appointment of said Inspectors, a notice thereof, in writing, directed to the Inspectors so appointed; and it shall be the duty of said Sheriff, within ten days after the receipt of said notices, to serve the same upon each of said Inspectors of Elections. Sec. 12. The said Boards of Registration, or any member thereof, while in session, or the clerk thereof, shall have authority to administer an oath to any person claiming to be a voter; and the said Board of Registration shall, from time to time, fill all vacancies which may occur in the office of Inspectors of Elections at any election precinct of their respective counties. Sec. 13. It shall be the duty of the Board of Registration to cause their clerks to furnish the Sheriff with poll books, who shall deliver the same to one of the Inspectors of every election precinct in the county at least one day before the time of holding any election. Sec. 14. The Boards of Registration shall cause their clerks, at least twenty days before any general election, and at least fifteen days before any special or municipal election, to make out and deliver to the Sheriff of their county, or to a Justice of the Peace of any county attached for judicial purposes, three written notices for each election precinct, said notices to be as nearly as circumstances will admit as follows: Notice is hereby given, that on the first Tuesday, the _____ day of _____next, at the house of _____, in [city, town, district, or precinct] of _____, in the county of _____, an election will be held for State, county, town, or district officers [naming the offices to be filled as the case may be], which election will be opened at eight oclock in the morning, and will continue until sunset in the afternoon of the same day. Dated this _____ day of _____, a. d. 18__ [as the case may be]. Signed, A B, Clerk of the Board of Registration. Sec. 15. The Sheriff aforesaid, to whom such notices shall be delivered as aforesaid, shall put up, in three of the most public places of each precinct, the notices referring to such precincts, at least fifteen days previous to the time of holding any general election, |
Compensation.
Authority to administer oath.
Poll-books for Sheriff.
Notice of election.
Duty of Sheriff. |
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Duty of poll tax collector.
Who not entitled to vote. |
election, and at least eight days previous to the time of holding any special election, one of said notices to be posted at the house where the election is authorized to be held, and the others at two of the most public and suitable places in the precinct, and also have the same published in the several newspapers in their respective counties. Sec. 16. It shall be the duty of the Poll Tax Collector to attend at all regular or special meetings of the Board of Registration, for the purpose of receiving the poll tax due from each person offering to have his name registered, as provided in this Act. The name of no person shall be registered by the Board of Registration until such person shall pay into the hands of the Poll Tax Collector the poll tax of four dollars due from such person for the electoral year for which such person shall offer to be registered, or in case such poll tax shall have been already paid for such year, until such person offering to be registered shall present to the Board his poll tax receipt for such year. In case the Poll Tax Collector shall fail to attend any meeting of the Board as provided in this section, or in case the names of electors shall be registered by any Justice of the Peace as provided in this Act, the poll tax may be paid to the Board or such Justice of the Peace, who are hereby authorized to receipt for the same, which said receipt shall be prima facie evidence of the payment of such tax. All moneys received by such Board or Justice of the Peace shall be by them paid into the county treasury, and such Justice of the Peace shall be liable on his official bond for all moneys so received. Sec. 17. No person shall be entitled to vote at any election precinct or district, unless his name shall on the day of the election appear on the register furnished, as in this Act provided, for such precinct or district; provided, that in case any person whose name appears on such register, shall vote at any general, special, or municipal election, but who shall not be a qualified elector, such person shall be deemed guilty of illegal voting, and on conviction thereof, before any court of competent jurisdiction, shall be imprisoned in the State prison for any time not less than one nor more than five years. |
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Election of. |
Chap. CXXV.An Act concerning District Attorneys.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be a District Attorney in each of the counties of this State, who shall be elected by the qualified electors of each county, at the general election in one thousand eight hundred and sixty-six, and every two years thereafter, and shall enter upon the duties of his office on the first Monday of the month following his election. |
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Sec. 2. Before entering upon the duties of his office, he shall execute and file with the County Clerk, a bond to the county, conditioned for the faithful performance of his duties, the penalty of said bond to be fixed by the Board of County Commissioners. Sec. 3. The District Attorney, in each county, shall be public prosecutor therein. Sec. 4. The District Attorney of each county of this State shall receive for his services, annually, the following sums: First, of the county of Storey, ($2,000) two thousand dollars. Second, of the county of Esmeralda, fifteen hundred dollars. Third, of the county of Lander, two thousand dollars. Fourth, of the county of Humboldt, seven hundred and fifty dollars. Fifth, of the county of Ormsby, one thousand dollars. Sixth, of the counties of Washoe and Roop, one thousand dollars. Seventh, of the county of Lyon, eighteen hundred dollars. Eighth, of the county of Churchill, five hundred dollars. Ninth, of the county of Nye, one thousand dollars. Tenth, of the county of Douglas, one thousand dollars. Eleventh, when any new county shall be hereafter created, the District Attorney, in such county, shall receive for his services not to exceed fifteen hundred dollars, as the County Commissioners may determine. Sec. 5. He shall attend the District Courts held in his county, for the transaction of criminal business; he shall, also, attend Justices courts in his county, when required by Justices of the Peace, and conduct all prosecutions on behalf of the people for public offenses. Sec. 6. If he fails to attend any term of the District Court, the Court may designate some other person to perform the duties of District Attorney during his absence from the Court, who shall receive a reasonable compensation, to be certified by the Court, and paid out of the county treasury. Sec. 7. The District Attorney shall draw all indictments, when required by the Grand Jury, shall defend all suits brought against his county, shall prosecute all recognizances forfeited in the District Court, and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his county, and he shall, also, perform such other duties as may be required of him by law. Sec. 8. When he receives money or property in his official capacity, he shall deliver a receipt therefor, to the person from whom he receives it, and file a duplicate with the County Auditor. Sec. 9. He shall, on the first Mondays of May, August, and November, in each year, file in the office of the County Treasurer, an account in writing, certified by oath, of all moneys received by him in his official capacity, during the preceding three months, and shall, at the same time, pay it over to the County Treasurer. Sec. 10. For a failure to comply with the provisions of the last section, the County Treasurer shall bring an action against him and his sureties, for the recovery of all moneys in his hands not accounted for, and for twenty per cent. additional thereon. |
Bond.
District Attorney to be public prosecutor. Compensation.
To conduct all prosecutions.
Failure to attend term of Court.
Duties.
To deliver receipt for money, etc.
To file account of moneys received.
Treasurer to bring action for moneys. |
κ1864 Statutes of Nevada, Page 388 (CHAPTER 125)κ
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To give his opinion to certain officers without fee. Fees in addition to salary.
To attend sittings of Commissioners.
Not to present claim, etc., against his own county. May be indicted, etc.
Vacancy, how filled.
Repeal. |
Sec. 11. The District Attorney shall, without fees, give his opinion to any Assessor, Collector, Auditor, or County Treasurer, in any matter relating to the duties of their respective offices. Sec. 12. The District Attorney, in addition to the yearly salary allowed by law, shall receive the following fees: For each conviction in capital cases, the sum of one hundred dollars, on conviction of any other felony, fifty dollars; and for a misdemeanor in the District Court, twenty-five dollars, to be charged against the defendant; for each conviction in a Justices Court, to be taxed as costs against the defendant (but shall in no case be charged against the county), fifteen dollars; for each suit in a Justices Court, for delinquent taxes, a fee of five dollars; and in the District Court, ten dollars, with ten per cent. on the amount of taxes delinquent, said fee and per centage to be taxed and collected as costs; for all amounts collected by him for the county by action, except for delinquent taxes, ten per cent. Sec. 13. The District Attorney, when not in attendance on the sittings of the District Court as criminal prosecutor, 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 oppose such accounts or claims as he may deem illegal or unjust, and shall, at all times, give his advice when required to said Commissioners upon matters relating to their duties. Sec. 14. No District Attorney, except for his own services, shall be allowed to present any claim, account, or demand, for allowance, against his own county, or in any way to advocate the relief asked on the claim or demand made by another. Sec. 15. The District Attorney may be indicted for a misdemeanor in office, or neglect of duty, and be punished by fine not exceeding one thousand dollars, or by removal from office, or by both such fine or removal from office, said fine to be paid into the county treasury for county purposes. Sec. 16. In case a vacancy should occur in the office of District Attorney, by death, removal, or otherwise, the Board of County Commissioners shall appoint some suitable person to fill such vacancy, who shall remain in office during the balance of the unexpired term. Sec. 17. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. |
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Illegal acts of corporations made valid. |
Chap. CXXVI.An Act concerning Corporations.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All associations or companies heretofore organized, and acting in the form and manner of corporations, and that have filed certificates, for the purpose of being incorporated, in the office of the County Clerk, |
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in the office of the County Clerk, in which the principal place of business of the company is intended to be located, and a certified copy of the same in the office of the Secretary of State, but whose certificates are in some manner defective, or have been improperly acknowledged, or have been acknowledged before a person not authorized by law to take such acknowledgements; or where a conveyance has been made to the persons named in the certificate of incorporation as trustees, prior to the filing of the certificate of incorporation as above stated, are hereby declared to be, and to have been, a corporation from the date of filing of such certificates, in the same manner and with like effect and intent as if such certificates were without fault, and properly acknowledged before an officer having authority to take such acknowledgments; and such conveyance, or deeds, shall be held and construed to convey to the corporations, respectively, the title and estate mentioned therein, for the uses and purposes in such conveyances or deeds as expressed therein. Sec. 2. Nothing herein contained shall be held, or construed, so as to impair any rights which have heretofore been acquired by, or vested in, any person or persons whatsoever. |
Not to impair vested rights. |
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Chap. CXXVII.An Act to encourage Enlistments, and provide Bounties and Extra Pay for our Volunteer Soldiers called into the service of the United States.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A sum not exceeding one hundred thousand dollars is hereby appropriated and set aside, to constitute a separate fund, to be known as the Soldiers Fund, for the purpose of paying a compensation to the soldiers of the companies of Nevada volunteers already raised in the Territory and in the State of Nevada, and to be raised in this State, for the service of the United States, to aid in repelling invasion, suppressing insurrections, enforcing the laws, and protecting the public property, in addition to the pay allowed them by the United States. Sec. 2. There shall be paid out of the fund created and set apart by the first section of this Act: to each first and second lieutenant, the sum of twenty-five dollars per month; to each captain, the sum of thirty-five dollars per month; to each major, the sum of forty dollars per month; to each lieutenant colonel, the sum of forty-five dollars [per month]; to each colonel, the sum of fifty dollars per month; and to each and every enlisted soldier of the companies of the Nevada volunteers, raised for the United States Government, in the Territory or State of Nevada, or hereafter to be raised in this State, under the requisition made on the Governor of the Territory of Nevada by the officer commanding the Department of the Pacific, to aid in repelling invasion, |
Soldiers fund.
How to be paid out. |
κ1864 Statutes of Nevada, Page 390 (CHAPTER 127)κ
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Proviso.
Muster roll to be filed.
Certificate of the Adjutant General. |
to aid in repelling invasion, suppressing insurrection, and defending the State in a time of war, the sum of five dollars per month; and a bounty of ten dollars, to be paid to the captain or commanding officer of any company, for every recruit by him enlisted and subsequently mustered into the service of the United States; provided, that the provisions of this section shall not be deemed applicable to any soldier who may be drafted, or enlisted as a substitute, or any person drafted into the army of the United States; and furthermore provided, that no such allowance or monthly payment, as is hereinbefore provided for, shall be made for any service in the army of the United States, rendered prior to the twentieth of February, one thousand eight hundred and sixty-four. Sec. 3. The captains, or commanding officers, of companies of Nevada volunteers, raised, or to be raised, for service in the army of the United States, shall, before such officers, as recruiting agents of the army, can be entitled to secure the benefits of this Act, file in the office of the Adjutant General their affidavit, setting forth the number and names of recruits enlisted by them, and accepted by the proper medical examiners, (who shall in each case be named,) and sworn into the service; and further setting forth that no affidavit of the same character, for the same enlisted men, has heretofore been made or filed. The Adjutant General of the State is hereby authorized and directed to certify to the Controller of State the number of men enlisted by each captain or commanding officer of a company, whenever the affidavit herein required is filed in his office, indorsed by the Provost Marshal of this State, or the commanding officer of the post where the enlisted men referred to and enumerated in the affidavit may have been rendezvoused on enlistment. Upon the filing of the Adjutant Generals certificate, above required, in the office of the Controller of State, the Controller shall make out a copy of said certificate, and forward the same to the State Board of Examiners; and if the State Board of Examiners shall indorse the certificate as Approved, then the Controller shall draw his warrant upon the fund herein constituted for the sum set forth in the certificate of the Adjutant General in favor of the officers, or their legal assignees, named in the certificate, for the sums respectively set forth to be due them. Sec. 4. The captains or commanding officers of companies of Nevada volunteers, in order to secure the soldiers of the Nevada volunteers the benefits of the provisions of section three of this Act, shall, after each and every muster, file in the office of the Adjutant General of this State a complete muster roll (duly certified) of their companies, showing the date of their enlistment, noting desertions, deaths, discharges, and dismissals, and stating the cause of such discharges, deaths, and dismissals from the service. The amount of pay herein provided for shall be specially named in the following form of certificate of the Adjutant General of this State, with seal of office attached, if said officer have a seal, being indorsed thereon, namely: I hereby certify that _____ is a _____ in _____ company, _____ regiment, Nevada Volunteers, and that he is entitled to the benefit of an Act entitled An Act to encourage enlistments, |
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enlistments, and provide bounties and extra pay for our volunteer soldiers called into the service of the United States, and that this allotment is made according to law. After the term of enlistment shall have been served, or an honorable discharge granted to, or on the death of, any enlisted man, a certified copy of his final statement shall be transmitted to the Adjutant General of this State, who shall certify on the back of the same the amount due under this Act to the person discharged or deceased, and the Controller shall draw his warrant upon the State Treasurer for the amount so certified, payable out of the fund hereby created; provided, that if a volunteer be discharged for disability that existed at the time of his enlistment, he shall not be entitled to the benefits of this Act. Sec. 5. The officers of the Nevada volunteers, mustered into the service of the United States, shall, on the certificate of their actual service, given by the Adjutant General, and its approval and indorsement by the State Board of Examiners, be entitled to receive their extra pay, as provided for them in section two of this Act; and the Controller of State is hereby authorized and directed to draw his warrants in favor of such officers, in the sums audited and allowed, as herein provided. These certificates shall be issued every two months, on the request of the officers entitled to the same. Sec. 6. For the purpose of carrying into effect the provisions of this Act, and providing for the fund created by section one of this Act, the Treasurer of the State of Nevada shall cause to be prepared bonds of the State to the amount of one hundred thousand dollars, in sums of five hundred dollars each, redeemable at the office of the Treasurer of the State on the first day of July, one thousand eight hundred and seventy. The said bonds shall bear interest, payable semi-annually, at the rate of ten per cent. per annum, from the date of their issue, which interest shall be due and payable at the office of the Treasurer of this State on the first day of January and July of each year; providing, that the first payment of interest shall not be made sooner than the first day of January, in the year of our Lord one thousand eight hundred and sixty-six. The said bonds shall be signed by the Governor, and countersigned by the Controller, and indorsed by the Treasurer of State, and shall have the seal of the State affixed thereto. Such bonds shall be issued from time to time as they may be required for use. The expense of preparing such bonds, and disposing of the same, shall be audited as a claim against the soldiers fund created by this Act. Sec. 7. Coupons for the interest shall be attached to each bond, consecutively numbered, and signed by the Treasurer of State; and it shall be the duty of the Controller and Treasurer of State, each, to keep a separate record, showing the number, date, and amount of each bond, and to whom the same was issued. Sec. 8. All demands against the soldiers fund shall be audited by the State Board of Examiners. Sec. 9. The State Treasurer and Secretary of State shall sell and dispose of said bonds, for gold and silver coin of the United States, from time to time, as may be necessary, to provide for the payment of liabilities against the said soldiers fund. |
Final statement.
Extra pay, when entitled to receive.
State bonds.
Coupons.
Demands to be audited.
Sale of bonds. |
κ1864 Statutes of Nevada, Page 392 (CHAPTER 127)κ
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Redemption of bonds.
Proposals for surrender of bonds.
Duty of Treasurer. |
vide for the payment of liabilities against the said soldiers fund. Said bonds may be disposed of either at private or public sale; providing, that the fractional part of no bond shall be disposed of by sale; and provided further, that said bonds shall not be sold or negotiated by the Treasurer and Secretary of State at a greater discount than twenty cents on the dollar of the par value thereof. On the receipt of the purchase money of said bonds the Treasurer and Secretary of State shall deliver the same to the purchaser. All moneys received by the Treasurer and Secretary from the sale of bonds as herein provided shall be by them placed to the credit of said soldiers fund. Sec. 10. For the payment of the principal and interest of the bonds issued under this Act there shall be levied and collected, annually, until the final payment or redemption of the same, and in the same manner as other State revenue is or may be directed by law to be levied and collected annually, a tax of twenty-five cents, in gold and silver coin of the United States, on each one hundred dollars of taxable property in the State, in addition to the other taxes for State purposes; and the fund derived from this tax shall be set apart and applied to the payment of interest accruing on the bonds herein provided for and the final redemption of the principal of said bonds; and the public faith of the State of Nevada is hereby pledged for the payment of the bonds issued by virtue of this Act, and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof. Sec. 11. Whenever, on the first day of January or July, in the year of our Lord one thousand eight hundred and sixty-six, or upon the first day of January and July in any subsequent year, there shall remain a surplus, after the payment of the interest as hereinbefore provided, of five thousand dollars, or more, in the fund created by the tenth section of this Act, it shall be the duty of the Treasurer to advertise in two daily newspapers, published in English, in the State of Nevada, and one published in the city of San Francisco, State of California, for sealed proposals for surrender of bonds issued under the provisions of this Act. He shall state in such advertisement the amount of money on hand applicable to the redemption of said bonds, and he shall accept such proposals, at rates not exceeding par value, as will redeem the greatest number of bonds until the amount of cash on hand for redemption is exhausted. Sec. 12. It shall be the duty of the State Treasurer to make arrangements for the payment of interest on said bonds when the same becomes due; and in the event that the said interest fund shall be insufficient, the said Treasurer shall make up the deficiency from the general fund; and in the event of the insufficiency of the general fund, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the redemption of said bonds. Said bonds shall be redeemed, and the interest paid, in the gold and silver coin of the United States. Sec. 13. Before the issue or sale of any bonds, as provided in this Act, the State Treasurer and Secretary of State shall execute to the State of Nevada a special bond, additional to their other bonds required by law, |
κ1864 Statutes of Nevada, Page 393 (CHAPTER 127)κ
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their other bonds required by law, in the sum of twenty-five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditional to pay over all moneys belonging to the soldiers fund, at such times, and in the manner, provided in this Act, and also for the faithful performance of all the duties required of them by this Act. Said bond shall be filed in the office of the Controller of State. Sec. 14. All moneys which have been received into the Territorial and State Treasuries from the tax levied in and by an Act of the Territory of Nevada, approved February twentieth, one thousand eight hundred and sixty-four, entitled An Act to encourage enlistments, and give bounties and extra pay to our volunteer soldiers, are hereby ordered to be transferred to and made a part of the soldiers fund named and provided for in section ten of this Act. Sec. 15. All Territorial warrants, and all certificates by the Adjutant General of the Territory of Nevada, issued in accordance with an Act approved February twentieth, one thousand eight hundred and sixty-four, entitled An Act to encourage enlistments, and give bounties and extra pay to our volunteer soldiers, shall be, on their indorsement as approved by the State Board of Examiners, be received by the Controller and canceled; and warrants of the State of Nevada on the soldiers fund shall be issued, in like sums, in lieu thereof, to the parties lawfully holding the same; provided, that the same form of proof shall be required by the State Board of Examiners in this as in any other case of claims on the soldiers fund. Sec. 16. An Act passed by the Legislature of the Territory of Nevada, and approved February twentieth, one thousand eight hundred and sixty-four, entitled An Act to encourage enlistments, and give bounties and extra pay to our volunteer soldiers, is hereby repealed; and all warrants of the Territory of Nevada, duly issued under the provisions of said Act, shall be audited, exchanged, and liquidated, and canceled, as provided in the next preceding section of this Act.
This is to certify, that Senate Bill No. 250, an Act to encourage enlistments, and provide bounties and extra pay for our volunteer soldiers called into the service of the United States, passed the Senate this day, notwithstanding the objections of his Excellency the Governor, by the following vote: Ayes, twelve (12); nays, five (5.) ___ J. S. CROSMAN, President of the Senate. L. B. Moore, Secretary of the Senate.
This is to certify, that Senate Bill No. 250, an Act to encourage enlistments, and provide bounties and extra pay for our volunteer soldiers called into the service of the United States passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Ayes, twenty-five (25); nays, five (5). |
Special bond of Treasurer and Secretary.
Moneys transferred to Soldiers Fund.
Warrants to be issued in lieu of Territorial Warrants.
Act repealed. |
κ1864 Statutes of Nevada, Page 394 (CHAPTER 127)κ
|
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volunteer soldiers called into the service of the United States passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Ayes, twenty-five (25); nays, five (5).
C. W. TOZER, Speaker of the Assembly. U. E. Allen, Clerk of the Assembly. |
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Appeals. Law and equity. Exceptions.
Proviso.
Undertaking to be filed.
Bill of exceptions. |
Chap. CXXVIII.An Act to regulate Appeals in the Courts of Justice of this State.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
title i.
Appeals to the Supreme Court.
Section 1. There shall be no distinction as to the mode of taking or perfecting appeals, or as to the effect of them, between cases at law and cases in equity. Sec. 2. In cases tried by the Court, without a jury, no judgment shall be reversed for want of a finding, or for a defective finding of the facts, unless exceptions be made in the Court below to the finding, or to the want of a finding; and in case of a defective finding, the particular defects shall be specifically and particularly designated; and upon failure of the Court below to remedy the alleged error, the party moving shall be entitled to his exceptions, and the same shall be settled by the Judge as in other cases; provided, that such exceptions to the finding, or want of a finding, shall be filed in the Court within five days after the making of the finding, or decision, to which exception is made. Sec. 3. No appeal shall be dismissed for insufficiency of the notice of appeal, or undertaking thereon; provided, that a good and sufficient undertaking, approved by a Judge of the Supreme Court, be filed in the Supreme Court before the hearing upon motion to dismiss the appeal, and upon payment of such reasonable cost as the Court may adjudge; provided, that the respondent shall not be delayed, but may move when the cause is regularly called for the disposition of the same if such undertaking be not given. Sec. 4. During the progress of a cause a party may take his bill of exceptions, to the admission or exclusion of testimony, or to the rulings of the Judges on points of law, and it shall not be necessary to embody in such bill, anything more than sufficient facts to show the point and pertinency of the exception taken; the presiding Judge shall sign the same as the truth of the case may be, and such bill shall then become a part of the record, and a party against whom judgment is rendered may appeal from such judgment without any further statement or motion; and on such appeal it shall only be necessary to bring to the Supreme Court the transcript of the pleadings, the judgment and the bill, or bills, of exception so taken. |
κ1864 Statutes of Nevada, Page 395 (CHAPTER 128)κ
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appeal from such judgment without any further statement or motion; and on such appeal it shall only be necessary to bring to the Supreme Court the transcript of the pleadings, the judgment and the bill, or bills, of exception so taken. Sec. 5. When the defendant resides out of the State, or is absent therefrom, and has not appeared in the action, and no attorney has been appointed by the Court for such defendant, as provided in section thirty-one of an Act to regulate proceedings in civil cases in the Courts of Justice in the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one, notices and other papers, on motion for new trial, and on appeal may be served upon the Clerk of the Court for each defendant, or the Court may appoint an attorney for such defendant to conduct the proceedings on his part, upon such motion or appeal; and such notices and papers in that case may be served upon such attorney.
title ii.
Appeals from Justices Courts.
Sec. 6. Any party dissatisfied with a judgment rendered in a Justices Court may appeal therefrom to the District Court of the county, at any time within thirty days after the rendition of the judgment. Sec. 7. After the passage of this Act, appeals from Justices Courts to District Courts of this State, shall be heard and determined only in the manner herein provided. Such appeal shall be taken by filing a notice of appeal and statement of the case with the Justice within ten days from the rendition of the judgment, and by serving a copy of said notice upon the adverse party, or his or their attorney. The statement shall contain the grounds upon which the party intends to rely on the appeal, and so much of the evidence as may be necessary to explain such grounds, and no more. Within ten days after he receives notice that the statement is filed, the adverse party, if dissatisfied with the same, may file amendments; the proposed statements and amendments shall be settled by the Justice, and if no amendments be filed the original statement shall be adopted. The statement thus adopted, or as settled by the Justice, with a copy of the docket of the Justice, and of all motions filed with him by the parties during the trial, and the notice of appeal, shall be used on the hearing of the appeal before the District Court. Sec. 8. Upon such appeal being taken, the Appellate Court may reverse, affirm, set aside, or modify the judgment appealed from, and, if necessary or proper, may remand the cause for a new trial. Sec. 9. Upon receiving the notice of appeal, and on payment of the costs of the action and fees of the Justice, and filing an undertaking as required by law, the Justice shall, within five days, transmit to the Clerk of the District Court a certified copy of his docket, the statement as admitted or settled, the notice of appeal, and the undertaking filed. And the Justice may be compelled by the District Court, by an order entered upon proper showing, to transmit such papers, and may be fined as for contempt for neglect or refusal to transmit the same. |
Absent or non-resident defendant.
Appeal from Justices Courts.
Manner of hearing, etc.
Court may reverse, etc.
Duties of Justice, etc. |
κ1864 Statutes of Nevada, Page 396 (CHAPTER 128)κ
|
Repeal. |
fined as for contempt for neglect or refusal to transmit the same. In the Appellate Court either party shall have the benefit of all legal objections made in the Justices Court. Sec. 10. All Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed. |
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Tax authorized.
Boundaries to be prescribed.
When assessed and collected.
Police department fund.
Moneys to be paid on order of Commissioners. Power of County Commissioners to use fund. Warrant void. Intention of Act.
Policemen, how appointed. |
Chap. CXXIX.An Act to provide Policemen in unincorporated Cities, Towns, and Villages.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of the various counties of the State of Nevada are hereby empowered to levy and collect a tax, of not exceeding one fourth of one per cent. upon the assessed value of property within any unincorporated city, town, or village, for the benefit of the police department of such city, town, or village. Sec. 2. The Board of County Commissioners shall prescribe the boundaries within which such tax shall be collected; provided, that such boundaries shall not extend beyond the limits of such city, town, or village. Sec. 3. Said tax shall be assessed and collected at the same time, and by the same officers, who assess and collect the State and county taxes, and under the same provisions of law, and shall be paid over to the County Treasurer. Sec. 4. The County Treasurer shall keep said moneys in a separate fund, to be denominated the Police Department Fund. Sec. 5. No money shall be paid out of the police department fund, except by order of the County Commissioners. Sec. 6. The Board of County Commissioners shall have power to use the police department fund in paying the expenses of such police department within the boundaries of such city, town, or village, as prescribed by the said Commissioners. Sec. 7. Any warrant drawn on the police department fund, when there is not sufficient money in the treasury to pay the whole amount of such warrant, shall be void. Sec. 8. This Act is intended to provide for the payment of such liabilities provided for by this Act as may accrue after its passage, and which may be audited and allowed by the Board of County Commissioners, and incurred in maintaining a police department in any unincorporated city, town, or village, desiring to avail itself of the benefits of this Act, and not for the payment of any liabilities accruing before the passage of this Act. Sec. 9. The Sheriff of any county is hereby empowered and required to appoint policemen, not exceeding two in number, in any unincorporated city, town, or village, and to fix their compensation, not exceeding one hundred dollars per month; |
κ1864 Statutes of Nevada, Page 397 (CHAPTER 129)κ
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and said Sheriff may, at any time, remove such policeman, and appoint others in their place, whenever he shall deem it necessary for the public good. Such policemen shall serve within the limits of such unincorporated cities, towns, and villages, and in case of the appointment of more than one policeman, one shall serve in the day time and the other at night; and said Sheriff shall have power to appoint such other special policemen as in his judgment the public safety may require, whose compensation shall not exceed four (4) dollars per day, or per night, as the case may be, and who shall continue to serve only during the pleasure of said Sheriff. Such policemen and special policemen shall, within the limits of such unincorporated cities, towns, and villages, be invested with all the power in making arrests which are now exercised, or which hereafter may be exercised, by the peace officers, according to the laws of this State, and within the limits of any unincorporated cities, towns, and villages, as aforesaid; and any such policemen or any peace officer may, on any day, and without a warrant, and at any time of the day or night, arrest a person or persons. Sec. 10. The provisions of this Act shall not be in force, or have effect, in any city, town, or village, within this State, unless a majority of the qualified electors of such city, town, or village aforesaid, shall petition to the Board of County Commissioners of the county wherein such city, town, or village is situated, setting forth the following facts: First, That said petition contains the names of a majority of the resident electors of such city, town, or village, as the case may be. Second, That they request the appointment of such policemen, and the levying of tax of one fourth of one per cent., as herein provided. Sec. 11. Upon the presentation of a petition, in compliance with the provisions of section ten of this Act, it shall be the duty of the Board of County Commissioners, in which county such city, town, or village is situated, to levy said tax as aforesaid, and to notify the Sheriff of said county, in a written communication or otherwise, to make the appointment of one or more policemen, in accordance with the request of said petitioners. |
Special policemen.
Powers of policemen.
Not to be in force unless majority of electors petition, etc.
Facts.
Duty of County Commissioners. |
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Chap. CXXX.An Act to repeal an Act entitled An Act to amend an Act entitled An Act to provide for the Election of Probate Judges and Prosecuting Attorneys, and define their duties, approved December nineteenth, one thousand eight hundred and sixty-two, approved February twentieth, in the year of our Lord one thousand eight hundred and sixty-four.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled an Act to amend an Act entitled An Act to provide for the election of Probate Judges and Prosecuting Attorneys, and defining their duties, approved December nineteenth, |
Act repealed. |
κ1864 Statutes of Nevada, Page 398 (CHAPTER 130)κ
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|
December nineteenth, in the year of our Lord one thousand eight hundred and sixty-two; passed by the Legislative Assembly of the Territory of Nevada, and approved February twentieth, in the year of our Lord one thousand eight hundred and sixty-four, is hereby repealed. |
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Contempt of Court in certain cases.
Aleas process to be issued. |
Chap. CXXXI.An Act for the punishment of Contempts and Trespasses.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall have been, or shall be hereafter, dispossessed or ejected from or out of any piece, parcel, lot or tract of land, by the judgment, decree or process of any Court of competent jurisdiction, and who, not having legal right so to do, shall re-enter into, or upon, or take possession of any such land, or any part thereof, or induce or procure any person not having legal right so to do, or shall aid or abet him therein, shall be deemed guilty of a contempt of the Court by which said judgment or decree was rendered, or from which such process issued, and shall be tried and punished therefor, in the same manner and form as now provided by law in case of contempt not committed in presence of the Court or Justice of the Peace. Sec. 2. Upon a conviction for such contempt, the Court or Justice of the Peace, shall immediately issue an aleas process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property under the original judgment, decree or process, to such possession, of which he shall have been dispossessed by the wrongful conduct or act herein declared to be a contempt. Sec. 3. This Act shall take effect, and be in force, from and after its passage. |
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Chap. CXXXII.An Act amendatory of and supplemental to an Act entitled An Act to provide for the payment of the compensation of the District Judges of this State, and to carry out the requirements of section fifteen of article six of the State Constitution, approved January sixteenth, one thousand eight hundred and sixty-five.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section first of the Act of which this is amendatory and supplemental, is hereby amended so as to read as follows: |
κ1864 Statutes of Nevada, Page 399 (CHAPTER 132)κ
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Section One. It shall be the duty of the several counties, Storey, Ormsby, Lyon, Lander, Douglas, Humboldt, Washoe and Esmeralda, and the two counties of Nye and Churchill, and they are hereby, each, directed and required, from the revenues of each of said counties, respectively, during the quarter next preceding the day of payment of the warrants in this Act authorized to be drawn, or if the estimated revenues of said quarter shall be insufficient to meet said warrants, then to add sufficient thereto from the preceding quarter; to set apart a sufficient amount of money, in United States gold and silver coin, to pay the quarterly compensation, or salary, of the several District Judges of this State, of and within the said several counties named, respectively, as provided in said Constitution; provided, that the Treasurers of the counties of Nye and Churchill shall each set apart one half the amount of compensation for the Judge of their district. The same to be paid to such District Judges, respectively, at the times and as fixed and prescribed by said Constitution. And the moneys so set apart, as aforesaid, shall, except as herein provided, be and remain a special fund, to be known (in each of said counties), as the District Judge Salary Fund, for each county named as aforesaid, for the payment of the compensation, or salary, of the said several District Judges aforesaid. And it shall be the duty of, and the several County Auditors of the several counties herein named, are each hereby required and directed to draw his warrant upon said special fund, upon the County Treasurer of said counties, respectively, on the first Mondays of March, June, September and December, of each year, in favor of each District Judge of the said counties, respectively, for such compensation, or salary; and it shall be the duty of, and the County Treasurer of each of said counties, is hereby directed and required, to pay such warrants in gold and silver coin, immediately upon the presentation thereof to him, from the moneys set apart in said fund, as hereinbefore provided. Sec. 2. Whenever there shall be in any of the treasuries of the counties aforesaid, from any cause, a surplus of money in the special fund by this Act created, over and above a sufficient sum to pay the warrants named, as in this Act provided, it shall be the duty of the County Treasurer of such county to transfer such surplus money to the general fund of the county, and use or disburse the same as required by laws relating thereto; provided, that no portion of said surplus moneys shall go into the Redemption Fund of any county, created for the purpose of paying the outstanding indebtedness of such county. Sec. 3. This Act shall take effect and be in force from and after its passage. |
Treasurers required to set aside money to pay District Judges salaries.
Proviso.
Salary fund.
Money to be transferred.
Proviso. |
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κ1864 Statutes of Nevada, Page 400κ
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Redemption of property. |
Chap. CXXXIII.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in Courts of Justice of the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one.
[Approved March 11, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and thirty-one of said Act shall be amended so as to read as follows: Section Two Hundred and Thirty-one. The judgment debtor, or a redemptioner, may redeem the property from the purchaser, within six months after the sale, on paying the purchaser the amount of his purchase, with three per cent. per month thereon from the time of such sale to the time of such redemption, together with the amount of any assessments or taxes which the purchaser may have paid thereon after the purchase, and like rate of interest on such amount; and if the purchaser be also a creditor, having a lien which is due, and the amount thereof determined and ascertained prior to that of the redemptioner, other than the judgment under which the purchase was made, the amount of such lien, with interest, as aforesaid. |
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Controller to draw warrants.
Board may transfer money.
Treasurer authorized to set aside money. |
Chap. CXXXIV.An Act supplemental to an Act to provide for the government of the State Prison, approved March fourth, one thousand eight hundred and sixty-five, and to repeal certain Acts in relation thereto.
[Approved March 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State is hereby authorized and directed to draw his warrants on the State treasury, payable out of the State prison fund, for all accounts allowed by the Board of Prison Commissioners, on presentation; also, to draw his warrant in favor of the Warden, for his salary, as provided by law, and the Treasurer of State is hereby authorized and directed to pay the same out of the State prison fund. Sec. 2. The Board of State Prison Commissioners may, by an order entered upon their journal, and a copy thereof filed with the State Treasurer, cause to be transferred to the State prison fund, five thousand dollars, or so much thereof as they may deem necessary, at any time between the first day of September and the thirty-first day of December, one thousand eight hundred and sixty-five. Sec. 3. The State Treasurer is hereby authorized and directed, at any time between the first day of September and the thirty-first day of December, one thousand eight hundred and sixty-five, |
κ1864 Statutes of Nevada, Page 401 (CHAPTER 134)κ
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and sixty-five, to transfer and set aside to the State prison fund, five thousand dollars, or so much thereof as the Board of State Prison Commissioners may direct, from any moneys that may be in the treasury unappropriated at the time that the order of the State Prison Commissioners is filed with him, or from the first moneys that may thereafter come into the treasury. Sec. 4. It is hereby made the duty of the Warden to prepare and submit to the Legislature, at the commencement of each session, a full and complete statement of all matters pertaining to the prison for the preceding year ending on the thirty-first day of December, setting forth the number of prisoners, their age, sex, time of incarceration, with the sentence, and where from; also a complete financial review, showing the current expenses of the fiscal year, with estimates for the ensuing year. Sec. 5. All Acts of the Territorial Legislatures, relating to State prison, except so much as pertains to the purchase of the prison property, are hereby repealed. |
Warden to submit statement.
Repeal. |
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Chap. CXXXV.An Act concerning Official Bonds.
[Approved March 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All official bonds, required by law of officers, shall be in form joint and several, and made payable to the State of Nevada, in such penal sum, and with such conditions, as may be required by law. Sec. 2. Every official bond executed by any officer pursuant to law, shall be deemed and taken to be in force, and shall be obligatory upon the principal and sureties therein, for any and all breach of the condition or conditions thereof, committed during the time such officer shall continue to discharge any of the duties of, or hold such office; and every such bond shall be deemed to be in force and obligatory upon the principal and sureties therein, for the faithful discharge of all duties which may be required of such officer, by any law enacted subsequently to the execution of such bond, and such condition shall be expressed therein. Sec. 3. Every official bond, executed by any officer pursuant to law, shall be in force and obligatory upon the principal and sureties therein, to and for the State of Nevada, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act, or default of such officer in his official capacity, and any person so injured or aggrieved may bring suit on such bond, in his or her own name, without an assignment thereof. Sec. 4. Whenever any such official bond shall not contain the substantial matter, or condition or conditions required by law, or there shall be any defects in the approval or filing thereof, such bond shall not be void so as to discharge such officer and his sureties, |
Official bonds.
Bonds continued in force, etc.
Subsequent law to apply.
Who may bring suit.
Defects bond n render void. |
κ1864 Statutes of Nevada, Page 402 (CHAPTER 135)κ
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How official bonds to be approved and filed.
Proviso.
Additional bond may be required.
Failure to appear, etc, office vacant.
Official bond of State officer. Proviso.
Force of additional bond.
Number of sureties. |
such bond shall not be void so as to discharge such officer and his sureties, but they shall be bound to the State or party interested, and the State or such party may, by action instituted in any court of competent jurisdiction, suggest the defect of such bond, or such approval or filing, and recover his proper and equitable demand or damages from such officer, and the person or persons who intended to become and were included in such bond as sureties. Sec. 5. The official bonds of officers shall be approved and filed as follows: to wit: The official bond of the Secretary of State shall be approved by the Governor, and filed and recorded in the office of the County Clerk of the county in which the seat of government is fixed. The official bond of all other State officers, required by law to give bond, shall be approved by the Governor, filed and recorded in the office of the Secretary of State. The official bond of all county and township officers shall be approved by the Board of County Commissioners, and filed and recorded in the office of the County Clerk of their respective counties; provided, that the bond of the County Clerk shall be filed and recorded in the office of the County Recorder of the proper county. Sec. 6. Whenever the sureties, or any of them, in the official bond of any county or township officer, shall die, remove without the State, become insolvent or insufficient, or the penalty of such bond shall become insufficient on account of recoveries had thereon, or otherwise, it shall be the duty of the Board of County Commissioners of the proper county, of their own motion, or on the showing of any person supported by affidavit, to summon any such officer to appear before them, at a time stated, not less than three days after service of such summons, and show cause why he should not execute an additional official bond, with good and sufficient sureties. Sec. 7. Should such officer, after due notice, fail to appear at the time appointed, the matter may be heard and determined in his absence. If, after examination, the Board of County Commissioners shall be of opinion that the bond of such officer has become insufficient, from any cause whatever, they shall require an additional bond, with such security as may be deemed necessary, which said additional bond shall be executed and filed within such time as the Board of County Commissioners may order, and if any officer shall fail to execute and file such additional bond within the time specified by such order, his office shall become vacant. Sec. 8. Whenever the official bond of any State officer shall become insufficient, from any cause whatever, the like proceedings may be had before the District Court of the district in which said State officer holds his office, with reference thereto; provided, that such proceedings shall be commenced by a written motion, supported by affidavit. Sec. 9. Every such additional bond shall be of like force and obligation, upon the principal and sureties therein, and shall subject the officer and his sureties to the same liabilities as are prescribed respecting the original bonds of officers. Sec. 10. Unless otherwise expressly provided, there shall be at least two sureties upon the official bond of every officer. |
κ1864 Statutes of Nevada, Page 403 (CHAPTER 135)κ
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Sec. 11. In all cases when official bonds are required, or may be hereafter required, from State, county or township officers, the officer or officers whose duty it is, or may be, to approve such bonds, shall not accept or approve any such bond, unless the sureties thereon shall severally justify before an officer authorized to administer oaths, as follows: First, on a bond given by a State officer that he is a resident and freeholder or householder within this State, and on a bond given by a county officer that he is a resident and freeholder or householder within such county. Second, that he is worth double the amount for which he becomes surety, over and above all his debts and liabilities in property situated within this State, which is not exempt from sale on execution. Sec. 12. When the penal sum of any bond amounts to more than two thousand dollars, the sureties may become severally liable for portions not less than five hundred dollars of such penal sum, making, in the aggregate, at least two sureties for the whole penal sum. Sec. 13. All Acts, or parts of Acts, in conflict with the provisions of this Act, are hereby repealed. Sec. 14. This Act shall be in force from and after its passage. |
Justification of sureties.
May become liable for portions of penal sum.
Repeal. |
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Chap. CXXXVI.An Act amendatory of an Act concerning Crimes and Punishments, approved November twenty-sixth, one thousand eight hundred and sixty-one.
[Approved March 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of an Act concerning crimes and punishments, passed by the Legislative Assembly of the Territory of Nevada, and approved November twenty-sixth, one thousand eight hundred and sixty-one, is hereby amended so as to read as follows: Section Thirteen. No Indian or Chinese shall be permitted to give evidence in favor or against any white person. Every person who shall have one half or more of Indian blood, shall be deemed an Indian. In no case shall the Act of which this is amendatory, be construed to exclude as witnesses any negro, black or mulatto person, but the credibility of such negro, black or mulatto person shall be left entirely with the jury. |
Persons not permitted to give evidence.
Negro, etc. |
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κ1864 Statutes of Nevada, Page 404κ
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Peremptory challenges. |
Chap. CXXXVII.An Act to amend an Act entitled An Act to regulate proceedings in Criminal Cases in the Courts of Justice in the Territory of Nevada, approved November twenty-sixth, one thousand eight hundred and sixty-one.
[Approved March 14, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and thirty-six of said Act is hereby amended so as to read as follows: Section Three hundred and Thirty-six. If the offense charged be punishable with death, or with imprisonment in the State prison for life, the defendant is entitled to ten, and the State to five, peremptory challenges. On a trial for any other offense, the defendant is entitled to five, and the people to three, peremptory challenges. |
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Written decisions.
To prepare for publication, etc.
Index.
Commissioner to contract for publishing reports.
General index.
Disposal of edition. |
Chap. CXXXVIII.An Act to provide for reporting the Decisions of the Supreme Court of the State of Nevada.
[Approved March 14, 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 Judges of the Supreme Court of this State to render written decisions in all case to them submitted, except when cases on appeal are dismissed on ex parte motion. Sec. 2. It shall be the duty of the Judges of the Supreme Court to prepare for publication, by giving the title of the cause, a syllabus of the points decided, a brief statement of the facts bearing on the points decided (when the same are not sufficiently stated in the opinion), the names of the counsel, and a reference to such authorities as are cited and have a special bearing on the case. It shall also be the duty of such Judge to make an index to each case as decided. Sec. 3. The Justices of the Supreme Court are hereby appointed Commissioners to contract with any competent publishers for printing and publishing the reports thus prepared by said Judges. They shall contract with the publishers to prepare a general index at the end of each volume, and also a table of cases to be prefixed to each volume, and the furnishing the State with three hundred volumes. After furnishing the State with three hundred volumes, the remainder of the edition to belong to the publishers, and be sold on their own account; provided, said publishers shall bind themselves to furnish a sufficient number of volumes (to be determined by the Commissioners) to supply the legal profession of this State, at a retail price not exceeding ten dollars per volume. |
κ1864 Statutes of Nevada, Page 405 (CHAPTER 138)κ
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Sec. 4. Each volume published under the provisions of this Act shall contain the opinions and decisions rendered in one year, unless it make a volume of inconvenient size, in which case the Commissioners hereby appointed may contract with the publisher to publish more or less than one years decisions, as may be necessary to make a volume, or volumes, of proper and convenient size. Sec. 5. In contracting for the publication of the reports, the Commissioners shall contract with the publisher, or publishers, who will agree to perform the labor, and furnish the books and printed matter required, on the most reasonable terms to the State of Nevada; provided, no contract shall be made with any publisher, except those whose character for ability and promptitude will give a reasonable assurance that the work will be faithfully and promptly performed; and, provided, further, that the Commissioners may require security from the publisher for the faithful performance of the contract. Sec. 6. The Commissioners are fully authorized to make all needful arrangements about the transportation of volumes, proof-sheets and other minor details, in carrying this law into effect. Sec. 7. The Clerk of the Supreme Court is hereby authorized and required to copy, at an expense not exceeding twelve and one half (12 1/2) cents per folio; any opinion, syllabus, statement of cases and other matter that may be required to be copied, in the performance of the duties herein provided for in connection with the rendering of such opinions, and preparing them to be reported and published. Sec. 8. There is hereby appropriated from the general revenue of the State the sum of three thousand dollars ($3,000), or so much thereof as may be necessary to carry this Act into effect; and the Controller shall, on the presentation of any account, duly certified by the Commissioners herein named, and duly approved by the State Board of Examiners, for expenses incurred in procuring the publication of the reports, draw his warrant on the General Fund for the amount of the account so certified; and for any account for copying duly certified by the Judges of the Supreme Court, and duly approved by the State Board of Examiners, he shall in like manner draw his warrant on the same fund. Sec. 9. The title of said volumes shall be Nevada State Reports, which, together with the name of the Chief Justice of the Supreme Court for the time being, and number of the volume, shall be printed upon the back of said book. |
Volumes to contain.
Contract to be made on the most reasonable terms.
Arrangements about minor details.
Duty of Clerk.
Appropriation.
Title of volumes. |
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κ1864 Statutes of Nevada, Page 406κ
|
Court fees, District Court.
Court fees on appeal to District Court.
Court fee on appeal to Supreme Court.
Duty of Clerks.
Further duty of Clerk of District Court.
Duty of Clerk of Supreme Court. |
Chap. CXXXIX.An Act to carry out the Provisions of Section Sixteen of Article Six of the State Constitution.
[Approved March 15, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the time of the commencement of every civil action, or other proceeding, in the several District Courts of this State, the plaintiff shall pay the Clerk of the Court in which said action shall be commenced, the sum of five dollars, in gold or silver coin, except as herein otherwise provided. At the commencement of any proceeding in said District Courts, for the purpose of procuring an appointment of administrators upon the estate of any deceased person, or for the probate of any will of any deceased person, the party instituting such proceedings shall pay the Clerk of said Court the sum of three dollars in gold or silver coin. Sec. 2. Whenever any appeal shall be brought in a civil action or proceeding, from the judgment or decision of the Court of a Justice of the Peace, or other tribunal inferior to the District Court, to the District Court, the party appealing shall, before the return to said appeal shall be allowed to be filed in the Appellate Court, pay the Clerk of such Appellate Court the sum of two dollars in gold or silver coin, which said several fees above provided for, shall be known as a court fees. And no such action shall be deemed commenced, proceeding instituted, or appeal perfected, until the said fees shall be paid as aforesaid. Sec. 3. Whenever any appeal from the final judgment, or any order of a District Court, shall be taken to the Supreme Court, the party appealing shall, at or before the filing of the transcript on such appeal in the Supreme Court, pay the Clerk of the Supreme Court the sum of ten dollars, in gold or silver coin, as and for a Court fee. And the Clerk of the Supreme Court shall not file any such transcript in his office until such fee is paid. Sec. 4. It shall be the duty of the said clerks, on the demand of any party asking it, to give a receipt to the party paying such fee, for the same, specifying the title of the cause in which the same shall be paid, and the date and amount of such payment. And it shall be the further duty of the several clerks of the District Courts of this State, on the first Monday of each and every month, to pay over to the County Treasurer of the county which compose their judicial districts, all moneys received by them for such court fees, together with a brief note of the cases in which the same was received; which money shall be payable in the District Judge salary fund, of the district embraced in the county where the same shall be so received. Sec. 5. The Clerk of the Supreme Court shall, on the first Monday in each month, pay to the State Treasurer all moneys received by him for court fees, rendering to said Treasurer a brief note of the cases in which the same were received. The money, so received by the Treasurer, shall be placed by him in the Supreme Judges salary fund, and the same shall be used for no other purpose. |
κ1864 Statutes of Nevada, Page 407 (CHAPTER 139)κ
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money, so received by the Treasurer, shall be placed by him in the Supreme Judges salary fund, and the same shall be used for no other purpose. |
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Chap. CXL.An Act amendatory of an Act entitled An Act to authorize the Incorporation of Rural Cemetery Associations, approved March first, in the year of our Lord one thousand eight hundred and sixty-five.
[Approved March 15, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section first of an Act entitled An Act to authorize the Incorporation of Rural Cemetery Associations is hereby amended so as to read as follows: Any number of persons residing in this State not less than three who shall desire to form an association for the purpose of procuring and holding lands, to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place as they, or a majority of them, may agree, and appoint a Chairman or Secretary, by a vote of a majority of the persons present at the meeting, and proceed to form an association, by determining on a corporate name by which the association shall be called and known, by determining on the number of Trustees to manage the concerns of the association, which number shall not be less than three nor more than six, and thereupon may proceed to elect by ballot the number of Trustees so determined on; and the Chairman and Secretary shall, immediately after such election, divide the Trustees by lot into three classes; those in the first class to hold their office for one year, those in the second class two years, those in the third class three years; but the Trustees of each class may be re-elected, if they shall possess the qualifications hereinafter mentioned. The meeting shall also determine on what day in each year the future annual election of Trustees shall be held. |
Associations, how formed. |
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Chap. CXLI.An Act to amend an Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public, and defining their duties, approved February ninth, one thousand eight hundred and sixty-four.
[Approved March 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of an Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public, and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, is hereby amended so as to read as follows: |
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κ1864 Statutes of Nevada, Page 408 (CHAPTER 141)κ
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Notaries Public.
Proviso.
Official oath and bond.
Acts legalized.
Continued in office until Act goes into effect. |
Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public, and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, is hereby amended so as to read as follows: Section One. The Governor is hereby authorized to appoint and commission Notaries Public in the several counties in this State, as follows: For Storey County, twelve; Lander County, fourteen; Nye County, six; Churchill County, four; Esmeralda County, five: Ormsby County, four; Humboldt County, twelve; Washoe County, six; Douglas County, three; Lyon County, eight; Roop County, two; and for any new county hereafter created, six. Who shall hold office for the term of two years; provided, the Governor may at any time, for cause, revoke the commission of any Notary Public appointed under the provisions of this Act. Sec. 2. Section two of said Act is amended so as to read as follows: Section Two. Each Notary Public, before he enters upon the duties of his office, and at the time he receives his commission, shall pay to the Secretary of State the sum of twenty dollars, for the State library fund, and shall take the official oath as prescribed by law; which oath shall be endorsed on his commission, and shall enter into a bond to the State of Nevada in the sum of two thousand dollars, to be approved by the District Judge of the county for which said Notary Public may be appointed. Sec. 3. All Acts regularly done of Notaries Public appointed under the Territory of Nevada, and continued in office after the admission of Nevada as a State, are hereby legalized, so far as the same can be done without interfering with vested rights; and such Notaries are hereby continued in office, with like powers as heretofore had, until this Act goes into effect, at which time their terms of office shall be at an end, and such offices shall be deemed vacant. |
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Office created.
Geological survey. |
Chap. CXLII.An Act to provide for the appointment of a State Geologist, to define his duties, and making an appropriation for payment for his services and the contingent expenses of the survey and collection he is authorized to make.
[Approved March 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of State Geologist is hereby created, and the Board of Regents is hereby authorized to appoint a competent person who shall act and be known a [as] State Geologist of Nevada, Sec. 2. The person appointed as State Geologist under the provisions of this Act shall, immediately upon his appointment, proceed to make a preliminary and superficial geological survey of the mineral regions of this State, |
κ1864 Statutes of Nevada, Page 409 (CHAPTER 142)κ
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vey of the mineral regions of this State, and to collect suitable specimens, and arrange and classify them in a cabinet, to be formed and kept at the Capitol of the State, and to prepare a map, marked and colored in such manner as to indicate the general geological divisions, as developed of the country examined. The making of this preliminary or superficial survey, shall not occupy more than eight months. At the conclusion of the making of this survey, and the report thereon, the geologists cabinet, report, profiles and map, shall be turned over to the State Librarian. Sec. 3. The sum of six thousand dollars is hereby appropriated, out of any moneys not otherwise appropriated, to be expended towards defraying the expenses which may be incurred under the provisions of this Act. The Controller of State is hereby authorized and required to draw his warrant on the Treasurer in favor of the person whom the Board of Regents may appoint State Geologist, in such sums as the Board of Regents may truly certify their approval of, the aggregate of the sums drawn for being within the amount hereinbefore specified and appropriated. |
Specimens.
Report, etc.
Appropriation. |
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Chap. CXLIII.An Act to provide for the organization and maintenance of Historic, Scientific and other Literary Societies.
[Approved March 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Corporations may be created for the organization and maintenance of historic, scientific and other literary societies designed to promote the diffusion of useful knowledge. Sec. 2. Any five or more persons, who may desire to form an association for any one or more of the purposes specified in the preceding section, may make, sign and acknowledge, before some officer authorized by law to take the acknowledgement of deeds, and file in the office of the Secretary of State, and also file a copy thereof in the Recorders office of the county in which the meeting is held, and the general business of such association, or society, is to be transacted, a certificate, in which shall be stated the corporate name of the society, or association, the objects for which the same shall be formed, the time of its existence-which shall not exceed fifty years-the number of directors and their names, who shall manage the business of the society, or association, for the first six months, and the name of the city or town in which the principal business of the society, or association, is to be transacted. The directors of any such society, or association, shall not be more than five nor less than three. Sec. 3. A copy of any certificate of incorporation, filed in pursuance of this Act, and certified by the Secretary of State, or the Recorder of the county in which the same may be filed, as provided in the foregoing section, shall be received in all Courts and places as prima facie evidence of the matter therein stated. |
Corporations may be organized.
How formed.
tion. |
κ1864 Statutes of Nevada, Page 410 (CHAPTER 143)κ
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Powers and privileges.
Election of Directors.
Failure to elect, etc.
Majority necessary to transact business.
Notice of first meeting.
Not to contract indebtedness to exceed $1,000. |
as provided in the foregoing section, shall be received in all Courts and places as prima facie evidence of the matter therein stated. Sec. 4. When the certificate and copy thereof shall have been filed, as hereinbefore provided, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in the certificate, and by that name have succession for the period limited, and shall have power: First, to sue and be sued, and prosecute and defend in any Court. Second, to devise, adopt and use a seal, and change the same at pleasure. Third, to purchase, accept by grant, gift or devise, hold, sell and convey such real and personal property, or estate, as the purpose of the society or association shall require. Fourth, to appoint, or elect and remove such officers, agents and servants as the business of the society, or association, may require, to define their powers, prescribe their duties and fix their compensation. Fifth, to make by-laws not inconsistent with the Constitution and laws of this State, for the transaction of the business of such society, or association, the management of its property, the regulation of its affairs, the admission and expulsion of members, and generally for the transaction of all such business as may be within the scope of its organization and original design. Sec. 5. Directors, after the expiration of the term first selected and named in the certificate of such organization, shall be annually elected by the members of such society, or association, at such time and place, and upon such notice and in such mode, as may be directed by its by-laws. Sec. 6. If it should happen, at any time, that an election of directors shall not be made on the day designated by the by-laws of the society or association, the corporation shall not for that reason be dissolved, but it shall be lawful on any other day to hold an election for directors, in such manner as shall be provided in the by-laws of the society or association, and all acts of the directors shall be valid and binding on the society or association, until the election and qualification of their successors. A majority of the whole number of directors shall form a Board for the transaction of business, and a majority of the whole number of members of the society or association, represented in person or by proxy, shall be necessary to transact business; and any decision of a majority of the persons assembled as a Board, or as a meeting of the society or association, shall be valid. Sec. 7. The first meeting of the directors shall be called by a notice signed by a majority of the persons named as directors, in the certificate setting forth the time and place of the meeting, which notice shall be given personally to each director, or published at least one week in some newspaper of the county where such meeting is to be held. Sec. 8. No such association, or society, shall ever contract indebtedness which, in the aggregate, shall exceed the sum of one thousand dollars over and above the assets of such association, or society; and no corporation, or association, organized under this Act shall, by any implication, or construction, be deemed to possess the power of issuing bills, notes or other evidence of debt for circulation as money. |
κ1864 Statutes of Nevada, Page 411 (CHAPTER 143)κ
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under this Act shall, by any implication, or construction, be deemed to possess the power of issuing bills, notes or other evidence of debt for circulation as money. |
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Chap. CXLIV.An Act concerning the office of Surveyor General.
[Approved March 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Surveyor General shall have power to appoint a deputy or deputies when necessary, who shall take and subscribe the official oath; and the survey of any deputy shall be equally valid as if made by the Surveyor General. Sec. 2. When required by law, the Surveyor General shall make an accurate and complete survey, by astronomical observations and linear surveys, of the boundaries of the State, as declared by the Constitution, or as may hereafter be determined by the Congress of the United States, or the people of this State. Sec. 3. When required by law, he shall make an accurate map of the State, and shall survey, and, when necessary, designate by plain, visible marks or monuments, and shall describe on the map of the State the boundary lines of the several counties, and incorporated cities and towns in the State, and when a boundary line of the State, or of any county, intersects with, or passes in the immediate vicinity of any lake, stream, range of hills or mountains, or other conspicuous object on the surface of the earth, he shall, by the proper observation, determine the place of such inter-section, or the distance and bearing from the said boundary line of such point of such object as may be nearest to said boundary line, and will best serve as a distinguishing landmark. He shall also determine and describe on the map of the State, the length and course of every important stream and lake, and of every important range of hills or mountains, and the greatest elevation or highest peak thereof, within the limits of any county; when called upon by the County Commissioners of any county, he shall run any boundary line, or portion of a line, between such county and an adjoining county. Sec. 4. The Surveyor General shall preserve in his office, and deliver to his successor, all books, maps, plans, drawings, levels, surveys and field notes, in any way pertaining to his official duties, and shall deliver as aforesaid all instruments and other things belonging to his office. Sec. 5. The Surveyor General shall be Chief Engineer and Commissioner of Internal Improvements. He shall deliver to the Governor, annually, on or before the fifteenth day of December, his report, which shall contain: First, and accurate statement of the progress he may have made in the execution of the surveys enjoined on him by law, and in the preparation of the map of the State. |
Power to appoint a Deputy.
To make surveys.
To make an accurate map of the State.
What to describe on map.
To run boundary line between counties.
To preserve and deliver books, etc., to successor.
To be Chief Engineer and Commissioner of Internal Improvements, etc. |
κ1864 Statutes of Nevada, Page 412 (CHAPTER 144)κ
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Report.
To obtain quarterly reports from County Surveyors and Assessors, etc.
County Surveyors.
Duty of railroad and toll road companies.
Appropriations for expenditure. |
of the map of the State. Second, plans and suggestions for the construction and improvement of roads, turnpikes, railroads, canals and aqueducts; also plans and suggestions for the preservation and increase of forests and timber trees, for the draining of marshes, prevention of overflows, and the irrigation of arable lands by means of reservoirs, canals, artesian wells, or otherwise. Third, an estimate of the aggregate quantity of land belonging to the State, and the best information he may be able to obtain as to the characteristics of the same. Fourth, an estimate of the aggregate quality of all lands used for or adapted to tillage and grazing within this State, and each county of the State, together with a description of the locations in which the same may be situated. Fifth, an estimate of the aggregate number of horses, cattle, sheep and swine within the State, and each county of the State. Sixth, an estimate of the aggregate quantity of wheat, rye, maize, potatoes, grapes, and other agricultural productions of the preceding year. Seventh, an estimate of the aggregate quantity of all mineral lands in the State, and the quantity and value of each mineral produced during the preceding year, together with a description of the localities in which such minerals may be found. Eighth, all facts which may be within his personal knowledge, or which he may learn from reliable sources, and which may, in his opinion be calculated to promote the full development of the resources of the State. Sec. 6. He shall address a circular letter to the County Surveyors and County Assessors instructing them, and it is hereby make a part of their official duties, to use their utmost diligence in collecting information relative to each and every matter mentioned in section five of this Act, and to transmit to him quarterly, at the seat of Government, a report, in writing, setting forth the result of their inquiries; and it is hereby made the duty of the County Commissioners to refuse to audit or pay any bills for services of the County Surveyor or County Assessor, in case they shall have failed to comply with the requirements of this Act. It shall also be the duty of the County Surveyors to transmit, when required, to the Surveyor General, a copy of the field notes and plats of official surveys made by them (except surveys of city or town lots), expressing the bearings from the true meridian, and noting the variations of the magnet from the true meridian, and indicating plainly upon the plot at what point of any river, stream or county line, or any line of the United States surveys, or any road, canal or railroad may be touched or crossed; also, indicating the position of any mountain, or other prominent landmark within, or near, the lines of the surveys. Sec. 7. It shall be the duty of all railroad and toll road companies to file in the office of the Surveyor General complete topographical maps of the roads, and the country through which their roads may run. Sec. 8. He shall perform all such other and further duties as may be prescribed to him by law, and appropriations may be made, from time to time, for the necessary expenditures of his office. |
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κ1864 Statutes of Nevada, Page 413κ
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Chap. CXLV.An Act to provide for the maintenance and supervision of Public Schools.
[Approved March 20, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The principal of all moneys accruing to this State from the sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed for educational purposes; all fines collected under the penal laws of the State, not otherwise provided by law; two per cent of the gross proceeds of all toll roads and bridges; and all estates that may escheat to the State, shall be, and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses; but shall constitute and irreducible and indivisible fund, the interest accruing from which shall be divided, semi-annually, among all the counties in the State, entitled by the provisions of this Act to receive the same, in proportion to the ascertained number of persons between the ages of six and eighteen years in said counties, for the support of Public Schools. Sec. 2. The Governor, the Superintendent of Public Instruction, and the Surveyor General of this State, shall constitute a State Board of Education, of which the Governor shall be the President, and the Superintendent shall be the Secretary. Sec. 3. The State Board of Education shall have a seal, an impression and description of which shall be deposited by the Secretary of the Board in the office of the Treasurer of State. It shall be the duty of said Board to hold at least two sessions annually, for the purpose of devising plans for the improvement and management of the Public School funds, and for the better organization of the Public Schools of the State; and it shall be the duty of the President of the Board to call such other meetings at such times as he may deem advisable and necessary. A full record of the proceedings of the Board shall be kept by the Secretary, and shall be embodied in the annual report of the Superintendent of Public Instruction; and it is further made the duty of the State Board of Education to have a special supervision of the general school fund, and to invest the principal of all moneys accruing to said fund in the United States bonds. Sec. 4. The Superintendent of Public Instruction shall be elected by the qualified voters of the State, at the general election for State and county officers, to be held in the year eighteen hundred and sixty-six, and every four years thereafter at such general elections, and shall enter upon the duties of his office on the first Monday in January next after his election. He shall be paid a salary of two thousand dollars per annum. Sec. 5. It shall be the duty of the Superintendent of Public Instruction, subject to the supervision of the State Board of Education, immediately after the State Controller shall have made his semi-annual report as herein required, to apportion to the several counties the amount of school money in the State treasury, to which each shall be entitled under the provisions of this Act, |
School fund.
Board of Education.
Seal.
Sessions.
Duty of Secretary.
Election of Superintendent of Public Instruction.
Duties of Superintendent. |
κ1864 Statutes of Nevada, Page 414 (CHAPTER 145)κ
|
To make annual report.
To prescribe regulations, etc. |
of this Act, in proportion to the number of white children residing therein, between the ages of six and eighteen years, as shown by the last previous reports of the County Superintendents; and to furnish to the State Controller, to each County Treasurer, and to each County Superintendent, and abstract of such apportionment; and with each apportionment, to furnish each County Treasurer his order on the State Controller, under the seal of the State Board of Education, for the amount of school moneys in the State treasury to which such county shall be entitled, and to take such County Treasurers receipt for the same. And in the case of investment of funds in United States bonds, said Superintendent is hereby empowered to draw his warrant on the State controller, under seal, and with the indorsement of the State Board of Education, for such an amount, and in favor of such person or persons as the State Board may direct; which warrant shall be a valid voucher in the hands of the State Controller for the disbursement of such funds. Sec. 6. It shall be the duty of the Superintendent of Public Instruction to make an annual report on or before the first day of November of each year, to the Governor of the State, who shall cause the same to be published annually, and shall communicate a copy thereof to the Legislature. Said report shall contain a full statement of the condition of public instruction in the State; a statement of the condition and amount of all funds and property appropriated to the purpose of education; the number and grade of schools in each county; the number of white children in each county between the ages of six and eighteen years; the number of such attending public schools; the number of such attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, rate bills, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building school houses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interest of the State as he may deem of importance. Sec. 7. The Superintendent of Public Instruction shall prescribe suitable forms and regulations for making all reports and conducting all necessary proceedings under the Act, and shall cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing more accurate returns from teachers of public schools, and shall furnish each County Superintendent with a number, sufficient to supply at least one copy thereof to each district or school of such county. He shall prepare pamphlet copies of the school law, and all amendments thereto, and shall transmit a number of the same to the County Superintendents, sufficient to supply each and every school trustee, school marshal and school teacher with at least one copy of the same. |
κ1864 Statutes of Nevada, Page 415 (CHAPTER 145)κ
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each and every school trustee, school marshal and school teacher with at least one copy of the same. Sec. 8. The Superintendent of Public Instruction shall have power to convene a State Teachers Institute annually, in such place and at such time as he may deem advisable, and shall preside over and regulate the exercises of such Institute. He shall engage such lecturers and teachers as he may deem advisable to conduct the exercises of any Institute, which exercise shall not be continued at any one time for a longer period than ten days, nor for a period less than five days. The expenses incurred in holding such State Institute shall be paid out of such appropriation as may be granted by the Legislature for that purpose. Sec. 9. It shall be the duty of the Superintendent of Public Instruction to visit each county in the State at least once in each year, for the purpose of visiting schools, of consulting County Superintendents, of lecturing and addressing public assemblys on subjects pertaining to Public Schools; and the actual traveling expenses incurred by the Superintendent in the discharge of this duty shall be allowed and audited, and paid out of the general fund in the same manner as claims upon said fund are now allowed, audited and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars, or so much thereof as may be necessary, is hereby annually appropriated for the payment of the same. Sec. 10. The Superintendent of Public Instruction shall, at the expiration of his term of office, deliver over, on demand, to his successor, all property, books, documents, maps, records, reports and other papers belonging to his office, or which may have been received by him for the use of his office. Sec. 11. It shall be the duty of the State Treasurer to receive and hold as a special deposit, all Public School moneys paid into the State Treasury, and pay them over only on the warrant of the State Controller, issued upon the order of the State Board of Education, under the seal of said Board, and signed by the Superintendent of Public Instruction, in favor of the County Treasurer; which orders, duly indorsed by the County Treasurer, shall be valid vouchers in the hands of the State Controller for the disbursement of the public school moneys. Sec. 12. All school moneys due each county in the State shall be paid over by the State Treasurer to the County Treasurers on the first day of January and the first day of July of each year, or as soon thereafter as the County Treasurer may apply for the same, upon the warrant of the State Controller, drawn in conformity with the apportionment of the Superintendent of Public Instruction, as provided in section five of this Act. Sec. 13. The State Controller shall keep a separate and distinct account of the public school fund, and of the interest and income thereof, together with such moneys as shall be raised by State tax, or special appropriation, or otherwise, for the support of public schools. Sec. 14. The State Controller shall, on or before the tenth day of April and the tenth day of October, of each year, report to the Board of Education a statement of the securities belonging to the Public School Fund, |
State Institute.
Visiting schools.
Payment of expenses.
To deliver to successor books, etc.
Duties of State Treasurer.
Duties of Controller. |
κ1864 Statutes of Nevada, Page 416 (CHAPTER 145)κ
|
Duty of County Treasurers.
Election of County Superintendents.
Oath. Bond.
Duties of County Superintendents. |
ing to the Public School Fund, together with a particular statement of the moneys in the treasury accruing on or before the first day of July and the first day of January next following, from the interest or income of the Public School fund, or from the State taxes, or appropriations, or from any other source for the support of Public Schools; which reports shall be included in the annual report of the Superintendent of Public Instruction. Sec. 15. It shall be the duty of the County Treasurer of each county: First-To receive and hold, as a special deposit, all Public School moneys, whether received by him from the State Treasurer, or raised by the county for the benefit of Public Schools, or from any other source; and to keep a separate account thereof, and of their disbursement. Second-On receiving any Public School moneys subject to distribution, to notify the County Superintendent of Public Schools of the amount thereof. Third-To pay over on the warrant of the County Superintendent, duly indorsed by the person entitled to receive the same, the several amounts of school moneys to which each city, town and district shall be entitled. And Fourth-On or before the first day of October, annually, to make a full report to the Superintendent of Public Instruction, of the Public School moneys received into the County Treasury within the school year ending on the last day of August next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State or County School fund. And in case of failure or neglect of said County Treasurer to make such report, he shall forfeit, for the benefit of the county school fund, the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction, of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the county school fund. Sec. 16. A County Superintendent of Public Schools shall be elected in each county at the general election in the year eighteen hundred and sixty-six, and every two years thereafter, who shall take his office on the first Monday in January next succeeding his election, and hold for two years, and until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond to the county in a sum to be fixed by the Board of Commissioners of said county. Sec. 17. It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the County Treasurer, as provided in this Act, to apportion the Public School moneys in the County Treasury among the several school districts of his county, in proportion to the number of white childred between the ages of six and eighteen years, as returned by the School Trustees and School Census Marshals, and to forthwith notify the County Treasurer and the School Trustees, in writing, of such apportionment in detail. |
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forthwith notify the County Treasurer and the School Trustees, in writing, of such apportionment in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his warrant on the county treasury, in favor of and deliver the same to the person entitled to receive the same; provided, that no such warrant shall be drawn in favor of any city, town, or school district, until full and correct returns have been made to him by the same as required by law, and a certificate of the Board of Trustees or Board of Education given, showing for what purpose, in accordance with this Act, the money is required; and, provided, further, that no such warrant shall be drawn in favor of any city, town, or school district, unless there is cash in the treasury at the time to the credit of said city, town, or school district. Sec. 18. The County Superintendent shall have power, and it shall be his duty, in accordance with the provisions of this Act, and the instructions of the Superintendent of Public Instruction- First-To visit each public school in his county, at least once in each year, exercise a general supervision over the interests of public schools in his county, and give to the School Trustees, Marshals, and Teachers, such aid and counsel as may be important to the prosperity of the school. Second-To distribute promptly such blank reports, forms, laws, and instructions, as shall be received by him from the Superintendent of Public Instruction, for the use of School Trustees, Marshals, and Teachers, and any other officers entitled to receive the same. Third-To keep on file in his office the reports of the School Trustees, Marshals, and Teachers received by him, and to record all his official acts in a book to be provided for that purpose, and, at the close of his official term, to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take a receipt for the same, which shall be filed in the office of the County Treasurer. Fourth-To make a full report in writing, annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the city Boards of Education, School Trustees, Marshals, and Teachers, by law required to be made to the County Superintendent, for the preceding school year. Fifth-To preside over, regulate, and conduct all County Teachers Institutes, which may be called under the provisions of the section of this Act providing for the calling of such institutes. Sixth-To appoint School Trustees in all school districts in which the qualified voters shall fail to elect said School Trustees, and to fill, by appointment, all vacancies which may occur by death or otherwise, when the voters of the district fail to comply with the provisions of the law; and- Seventh-To draw his warrants on the County Treasurer, in favor of the Board of Trustees, for the purchase of school books which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school moneys apportioned to such district. |
Powers and duties of County Superintendents. |
κ1864 Statutes of Nevada, Page 418 (CHAPTER 145)κ
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Failure to make report.
Teachers Institutes.
Salary.
Proviso.
Election of Trustees.
Term of office.
Oath of office. |
which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school moneys apportioned to such district. Eighth-To subscribe annually for a sufficient number of copies of an educational journal, devoted exclusively to educational purposes (to be designated by the Superintendent of Public Instruction), to furnish each school officer and teacher in his county with a copy of the same, and one copy to be filed with the records of the district, and to pay for the same in the same manner as other contingent expenses of districts are paid out of the county school fund. Sec. 19. If the County Superintendent fail to make a full and correct report to the Superintendent of Public Instruction of all statements required to be made by law, he shall forfeit the sum of two hundred dollars from his salary; and the Board of Commissioners are hereby authorized and required to deduct therefrom the sum aforesaid, upon information from the Superintendent of Public Instruction that such returns have not been made; and in case said Superintendent remains delinquent for a period of two months, it shall be the duty of the State Superintendent of Public Instruction to give notice to the Board of County Commissioners of such county of the removal from office of said delinquent, and the appointment of some other person to fill the vacancy. Sec. 20. The County Superintendent shall have the power to call one or more Teachers Institutes annually, and the expense of such Institutes shall be payable out of the county general fund, upon the warrant of the County Superintendent; provided, that the Board of Commissioners authorize such Institutes upon the application of the County Superintendent; and, provided, that the expense of such Institutes shall not exceed the sum of one hundred dollars in any one year. Sec. 21. The County Superintendent shall receive for his official services such compensation as shall be allowed by the Board of Commissioners of his county, which shall be audited and paid in the same manner as other county salaries and expenses are audited and paid; provided, that such compensation shall be at least sufficient to pay all necessary traveling expenses incurred by him in the discharge of the duties required of him by law. Sec. 22. In each school district of the State there shall be elected, on the first Tuesday in March, in the year eighteen hundred and sixty-five, three Public School Trustees, by the qualified voters of the district, at a school district meeting to be held at the school house, or at the usual place for holding such district meetings, and the School Trustees shall give at least five days notice, by advertising in a newspaper, or by posting a written notice in three public places in such district, of the time and place of such meeting. At said meeting three District School Trustees shall be elected for the term of one, two, and three years respectively, such terms to be decided by lot in the presence of the chairman of said meeting; and each succeeding year thereafter one Trustee shall be elected for the full term of three years. Said Trustees are hereby authorized to administer to each other the oath or affirmation of office, and to forward their certificate of election from the clerk of said meeting, with the oath or affirmation endorsed thereon, to the County Superintendent of Public Schools, and they shall hold their office until their successors are elected and qualified. |
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to forward their certificate of election from the clerk of said meeting, with the oath or affirmation endorsed thereon, to the County Superintendent of Public Schools, and they shall hold their office until their successors are elected and qualified. Said Trustees shall enter on their duties on the first Monday in April next subsequent to their election; and in case of vacancy by resignation, death, or otherwise, the County Superintendent shall fill such vacancy by appointment, until the period of the next succeeding annual election. Sec. 23. If the qualified voters of any district shall fail to meet and elect School Trustees, as prescribed in the next preceding section of this Act, it shall be the duty of the County Superintendent to appoint Trustees for said district, who shall take the oath of office, which shall be indorsed on their appointment, and filed in the office of the County Superintendent of Public Schools; and they shall hold their office until their successors are elected and qualified. Sec. 24. It shall be the duty of the Trustees, any two of whom shall constitute a quorum for the transaction of business, to meet as soon as practicable, after taking the oath of office, at such place as may be most convenient in the district, and to organize by appointing one of their number clerk of the Board, who shall preside at the official meetings of the Trustees, and record their proceedings in a book to be provided for the purpose, together with the minutes of the proceedings of the annual school meetings held in the district by the qualified voters thereof, which shall be a public record; and all such proceedings, when so recorded, shall be signed by said Clerk. The Trustees shall meet at least once a quarter, and as much oftener as they may deem advisable. Sec. 25. The District Board of School Trustees shall constitute a body corporate, and shall be intrusted with the care and custody of all school property within such district, and they shall have power to convey by deed, duly executed and delivered, all the estate or interest of their district in any school house or site directed to be sold by the vote of the district; and all conveyances of real estate which may be made to said Board shall be made in their corporate name and to their successors in office. Said Board of Trustees shall have further power, directed by vote of their district, to purchase, receive, hold and convey real or personal property for school purposes; to build, purchase, hire and repair school houses, and supply the same with necessary furniture, and to fix the location of school houses. Sec. 26. No Trustee shall be pecuniarily interested in any contract made by the Board of Trustees of which he is a member; and any contract made in violation of this section shall be null and void. Sec. 27. It shall be the duty of the Trustees in each district to take, or cause to be taken, by a School Census Marshal, annually, in the month of July, an enumeration of all the white children between the ages of six and eighteen years, resident within such district, and return a certified copy thereof, under oath, to the County Superintendent of Public Schools, on or before the first day of September next following. The Trustees shall also report the number of schools, |
Vacancies.
Special election.
Duties.
Powers.
Not to be interested in contracts.
Annual census. |
κ1864 Statutes of Nevada, Page 420 (CHAPTER 145)κ
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Report.
Trustees.
Powers.
Further powers. |
shall also report the number of schools, specifying the different grades; the number of teachers, male and female; the number of children, male and female, who have attended school within the past year; the average attendance; the length of term of school; the compensation of teachers, male and female; the number and condition of school houses, and furniture, and the estimated value thereof; the number of books in public school libraries; the text books used in the schools; the kind and value of school apparatus, the amount of money raised by rate bills, district taxation, and subscription for school purposes; the amount expended in erecting and furnishing school houses, and such other statistics as the Superintendent of Public Instruction may require. Sec. 28. It shall be the duty of the School Trustees of each district to employ teachers, to certify the amount due them for services to the County Superintendent, who shall draw a warrant on the County Treasurer for the amount; to dismiss any teacher at any time for such reasons as they may deem sufficient, and to visit the school or schools of the district at least once in each term by one or more of their number, with such other persons as they may choose to invite. Sec. 29. The School Trustees shall have power, and it shall be their duty: First, to provide school houses with maps, black boards, furniture and other necessary appendages, including library and cabinet cases, if deemed expedient, and pay for the same out of the county school moneys belonging to their district. Second, to provide books for the indigent children, and record books for the district, and to pay for the same out of the county school moneys belonging to their district. Third, to divide the public schools within their district into primary, grammar and high school departments, and to employ competent and legally qualified teachers for the instruction of the different departments, whenever they shall deem such division into departments advisable; provided, there be sufficient means for all such departments, and if not, then in the order in which they are herein named, the primary school having preference. Fourth, to suspend or expel from any public school within their district, with the advice of the teacher, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein, and to exclude from school children under six years of age, when the interest of the school requires it to be done. Fifth, to apportion the school funds among the several schools within their district, in proportion to the average number of pupils attending such schools. Sixth, at the close of their official term, to deliver over their books of record, and all papers, books, blanks, documents, moneys, and all other property in their hands as such Trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the County Superintendent. Sec. 30. The School Trustees shall also have power: First, to unite two contiguous school districts in the same county or in adjoining counties, and to establish a union school, to be supported out of the funds belonging to their respective districts; and a school thus established shall be governed by a joint board, composed of the Trustees of the combining districts. |
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Second, to make arrangements with the Trustees of any adjoining district for the attendance of such children in the school of either district, as may be best accommodated therein, and to transfer the school moneys due by apportionment to such children, to the district in which they may attend school. Sec. 31. When the State and county money to which any district is entitled is not sufficient to keep a school open in such district for at least six months in each year, it is hereby made the duty of the Trustees of each district to levy, and they shall levy, a direct tax upon the taxable property in such district, sufficient to raise an amount which, together with the State and county money to which such district is entitled, will keep a school open six months in each year; and such tax shall be assessed, equalized and collected in the manner prescribed for assessing, equalizing and collecting taxes voted for furnishing additional school facilities, in sections thirty-five and thirty-six of this Act. The taxes so levied shall include a sum sufficient to pay the cost of assessing and collecting. Sec. 32. It shall be the duty of the School Trustees of each district to appoint a School Census Marshal on or before the first day of July, and file a copy of his certificate of appointment with the County Superintendent of their county. It shall be the duty of such School Census Marshal to take annually, in the month of July, a specific census of all the white children in his district between the ages of six and eighteen years, specifying the number and sex of such children, the names of their parents or guardians, and the city, town or district in which they reside; to include all children who may be attending collages, boarding schools or other private institutions of learning, as residents in the city, town or district in which the parents or guardians of such children may reside, and not to include such non-resident children in the city, town or district where they may be attending such private schools; to report the number attending private schools, the number not attending schools, the number between the ages of eighteen and twenty-one years, the number under six years of age, the number born in Nevada, the number of Indian, Mongolian and negro children, respectively, with such other statistics as the Superintendent of Public Instruction may require, and to make a full report thereof in writing, under oath or affirmation, to the County Superintendent, and deliver a copy thereof, in writing, to the School Trustees or Board of Education in his district, town or city, on or before the first day of August next after his appointment. Said School Census Marshals shall be paid for their official services such compensation as may be allowed by the Board of Commissioners of such county, upon recommendation of the School Trustees; and such demands shall be audited and paid in the same manner as other county salaries and expenses are audited and paid. Sec. 33. No teacher shall be entitled to receive any portion of the Public School moneys as compensation for services rendered, unless such teacher shall have been legally employed by the Board of Trustees, nor unless such teacher shall have had a certificate from the State Board of Examination, or from the County Board of Examination, in full force and effect, nor unless such teacher shall have made a full and correct report, in the form and manner prescribed by law, to the County Superintendent and to the Board of School Trustees. |
District tax.
Census Marshal and duties.
Teachers, payment of, forbidden in certain cases. |
κ1864 Statutes of Nevada, Page 422 (CHAPTER 145)κ
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Register of scholars.
Special tax, election to be called.
Ballots.
Assessor and Collector.
Duties of Trustees.
Collector, and duties. |
teacher shall have made a full and correct report, in the form and manner prescribed by law, to the County Superintendent and to the Board of School Trustees. Sec. 34. All teachers of Public Schools shall keep a register of all the scholars attending such school, their ages, daily attendance and time of continuance at school, and such further statistics as may be required by the Superintendent of Public Instruction, and shall deliver such register, at the close of their term of employment to the Board of Trustees of their district. Sec. 35. The Board of Trustees of any school district may, when in their judgment it is advisable, call an election, and submit to the qualified electors of the district, the question whether a tax shall be raised to furnish additional school facilities for said district, or to keep any school or schools in such district open for a longer period than the ordinary funds will allow, or for building an additional school house, or houses, or for any two or all of these purposes. Such election shall be called by posting notices in three of the most public places in in the district, for twenty days, and also, if there is a newspaper in the county, by advertisement therein once a week, for three weeks. Said notices shall contain the time and place of holding the election, the amount of money proposed to be raised, and the purpose or purposes for which it is intended to be used. The Board of Trustees shall appoint three judges to conduct the election, and it shall be held in all other respects as nearly as practicable in conformity with the general election law. At such election the ballots shall contain the words Tax, Yes, or Tax, No, and also the name of one person as Assessor, and one as Collector; provided, however, the same person may be elected to both offices. If a majority of the votes cast are Tax, Yes, the officers of the election shall certify the fact to the Board of Trustees, and shall also certify the names of the person or persons having the plurality of votes for Assessor and Collector. The Board of Trustees shall issue certificates of election, and the Assessor shall, on receiving his, forthwith ascertain and enroll, in the manner provided for County Assessors, all the taxable persons and property in the district, and within thirty days he shall return his roll, footed up, to the Board of Trustees. The Board of Trustees, upon receiving the roll, shall deduct fifteen per cent. therefrom for anticipated delinquencies, and then, by dividing the sum voted, together with the estimated cost of assessing and collecting added thereto, by the remainder of the roll, ascertain the rate per cent. required; and the rate so ascertained shall be and it is hereby levied and assessed to, on or against the persons or property named or described in said roll, and it shall be a lien on all such property until the tax is paid; and said tax, if not paid within the time limited in the next succeeding section for its payment, shall be recovered by suit, in the same manner and with the same costs as delinquent State and county taxes. Sec. 36. As soon as the rate of taxation has been determined, as provided in the preceding section, the Board of Trustees shall place the tax list in the hands of the Collector, who shall give such bond as may be required by the Board of Trustees, and he shall then proceed to collect the tax, and shall within sixty days, |
κ1864 Statutes of Nevada, Page 423 (CHAPTER 145)κ
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within sixty days, return the roll to the Board of Trustees, with the word paid marked opposite the name of each person or description of property, from whom or on which he has received the tax; and he shall also, at the same time, file with the Board of Trustees the County Treasurers receipt for all the moneys by him collected; and the persons and property on the roll not by the Collector marked paid, shall be deemed delinquent, and the Board of Trustees shall deposit said roll with the District Attorney, who shall proceed to collect the delinquent taxes in the manner prescribed in the last preceding section; and said roll or any certified copy thereof shall have the same force as evidence as a duplicate or delinquent tax roll of State and county taxes. Sec. 37. All moneys collected from a direct tax in any district shall be paid into the County Treasury to the credit of such district. The compensation of the Assessor and Collector shall be fixed by the Board of Trustees, and be paid in the same manner as the expenses (except teachers salaries) for supporting the schools of the district. Sec. 38. The Board of Trustees of any School District are hereby authorized, at their discretion, to assess such rate bills of tuition as they may deem necessary for the payment of teachers salaries, in addition to the public moneys of such district. Said rate bills of tuition shall be made out by said Board of Trustees against all persons sending children to school, in proportion to the number of children sent, and the time of attendance of said children; and the Board of Trustees shall exempt such indigent persons from the payment of said rate bills as they may consider entitled to such exemption. Any person refusing or neglecting to pay said bills, shall be excluded from the benefits of said school, in such a manner as the Board of Trustees, with the advice and consent of the Public School Teachers, may determine. Sec. 39. Whenever at least ten heads of families petition the County Superintendent for the organization of a new school district, or for a subdivision of, or change in the boundaries of an old one, that officer shall transmit the petition to the Board of County Commissioners, with the approval or disapproval of the proposition indorsed thereon. Upon receiving any such petition the said Commissioners shall have power to establish, alter or modify the district or districts, in accordance with the prayer of the petition; provided, however, that if the Superintendent disapproved, then said Commissioners shall give at least one months notice to the district or districts affected by the charges [changes] in such manner as the Commissioners may order; and then by unanimous vote of said Board of Commissioners the petition may be granted; and, provided further, that no district shall be considered as being organized, or be entitled to any pro rata of moneys standing to the credit of the district from which it was separated, or of which it is a subdivision, until a public school has been actually commenced in such new district; and, provided further, that unless such new school district shall commence a school within sixty days from the action of the Board of Commissioners making such new district, such action shall become void, and no such district shall exist. All school districts organized at the time this Act takes effect, according to the provisions of the Territorial laws, are hereby recognized as legal organizations. |
Pay of Assessor and Collector.
Rate bills of tuition.
Organization of new school districts. |
κ1864 Statutes of Nevada, Page 424 (CHAPTER 145)κ
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Property exempt from sale, etc.
Boards of Examination.
Text books.
Proviso. |
school districts organized at the time this Act takes effect, according to the provisions of the Territorial laws, are hereby recognized as legal organizations. Sec. 40. All lots, buildings, or other school property, owned by any district, town or city, and devoted to public school purposes, shall be, and the same is hereby, exempted from taxation and from sale on any execution or other writ or order in the nature of an execution. Sec. 41. The State Superintendent of Public Instruction shall appoint three competent persons in each county within this State, who shall be and constitute a Board of Examination, for the purpose of examining applicants and granting certificates of qualification to teachers of public schools. They shall meet at such times and places as the interests of the public may require and be governed by such rules and regulations as the State Board of Education may, from time to time, direct. They shall only grant certificates to such persons as shall pass a satisfactory examination, which certificate shall remain in force for two years, unless revoked for good cause shown. The State Board of Education shall have power to remove, examine [examiners] and fill vacancies in said Board of Examiners. Said Board of Examiners shall have power to grant certificates of the following grades: Certificates of the first grade, for teaching unclassified grammar and high schools, which shall be good for two years; certificates of the second grade for teaching primary schools, which shall be good for one year. Said certificates shall be issued to such persons only as have passed a satisfactory examination in the branches of study pursued in each specified grade of the public schools, and shall have given evidence of good moral character and fitness to teach; and such certificates shall be signed by all the Board of Examiners. Said Board shall have power to renew the certificates of a teacher who is successfully and continually engaged in teaching in the county, without a re-examination. The State Superintendent of Public Instruction shall be ex officio a member of each and every Board of Examination. Sec. 42. The State Board of Education shall have power, and it is hereby made their duty, to prescribe and cause to be adopted a uniform series of text books in the principal studies pursued in the public schools, to wit: Spelling, reading, grammar, arithmetic, geography and physiology; and no school district shall be entitled to receive its pro rata of public school moneys unless such text books as prescribed by the State Board of Education shall be adopted and used in all the public schools; provided, that the provision of this section in regard to the use of text books shall not be enforced until the first day of September, one thousand eight hundred and sixty-five (1865). Orthography, reading, writing, arithmetic, the elements of natural philosophy and geography, shall be taught in all the public schools. And in each school above the grade of primary, there shall also be taught English grammar, history of the United States, physiology and hygiene and chemistry; and in such schools as the Board of Trustees may direct, algebra, geometry, drawing, natural history and philosophy, astronomy, and the elements of book-keeping, or such of these studies as the Board of Trustees may direct; provided, that the text books shall not be changed oftener than once in four years. |
κ1864 Statutes of Nevada, Page 425 (CHAPTER 145)κ
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of Trustees may direct; provided, that the text books shall not be changed oftener than once in four years. Sec. 43. No portion of the public school funds, nor of the interest or income thereof, nor of moneys raised by State tax or specially appropriated for the support of public schools, shall be directed to any other object or purpose. Sec. 44. The school moneys distributed to the various counties of this State, from the State school funds, shall not be used for any other purpose than the payment of qualified teachers under this Act, and no portion of said funds shall, either directly or indirectly, be paid for the erection of school houses, the use of school rooms, furniture, or any other contingent expenses of public schools. Sec. 45. The Board of County Commissioners of each county shall annually, at the time of levying other county taxes, levy a county school tax, not to exceed thirty cents, nor less than fifteen cents, on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax, and collected in the same manner, and paid into the county treasury as a special deposit, to be drawn in the same manner as other public school moneys; and should said County Commissioners fail or neglect to levy said tax as required, it shall be the duty of the County Auditor to add such tax as the County Superintendent of Public Schools may deem sufficient, between the limits of fifteen (15) and thirty (30) cents, on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section. Sec. 46. No Tax Collector or County Treasurer shall receive any fees or compensation whatever for collecting, receiving, keeping, transporting, or disbursing any school moneys (except what may be specially provided for in this Act); but the whole moneys collected, as provided in section fifty-five [45] of this Act, shall be paid to the County Treasurer, and disbursed by him according to law. Sec. 47. The Board of Trustees, or Board of Education, of each city, town, and district, may use the moneys from the county school funds to purchase sites, build or rent school houses, to purchase libraries, and to pay teachers or contingent expenses, as they may deem proper. Sec. 48. No school district shall be entitled to receive any portion of the public school moneys, in which there shall not have been taught a public school for at least three months within the year ending the last day of August previous; and no public school shall receive any moneys, benefits or immunities, under the provisions of this Act, unless such school shall have been instructed by a teacher or teachers, duly examined, approved and employed by legal authority, as herein provided. Sec. 49. No books, tracts, or papers of a sectarian or denominational character, shall be used or introduced in any school established under the provisions of this Act; nor shall sectarian or denominational doctrines be taught therein; nor shall any school whatever receive any of the public school funds which has not been taught in accordance with the provisions of this Act. |
School fund, how used.
Same.
County School tax.
Collector or Treasurer not to receive fees.
How money may be used.
When schoo money not received.
Sectarian books, etc., prohibited. |
κ1864 Statutes of Nevada, Page 426 (CHAPTER 145)κ
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Negroes, etc. not to be admitted.
School year.
Printing.
Oaths.
Ad valorem tax.
Five per cent. State tax set apart.
Acts repealed.
Proviso. |
Sec. 50. Negroes, Mongolians, and Indians shall not be admitted into the public schools; and whenever satisfactory evidence is furnished to the Superintendent of Public Instruction to show that said prohibited persons are attending such schools, he may withhold from the district in which such schools are situated all share of the State school funds; and the Superintendent of Public Schools, for the county in which such district is situated, shall not draw his warrant in favor of such district for any expenses incurred while the prohibited persons aforesaid were attending the public schools therein; provided, that the Board of Trustees of any district, if deemed advisable by them, may establish a separate school for the education of negroes, Mongolians, and Indians, and use the public school funds for the support of the same. Sec. 51. The public school year shall commence on the first day of September, and shall end on the last day of August. Sec. 52. Any printing required under this Act shall be executed in the form and manner and at the prices of other State printing, and shall be paid for in like manner out of the general fund. Sec. 53. The State Superintendent of Public Instruction and the County Superintendent of Public Schools are hereby authorized to administer the oath (or affirmation) to teachers, and all other oaths (or affirmations) relating to public schools. Sec. 54. An ad valorem tax of one half of one mill on the dollar of all taxable property in the State, is hereby levied and directed to be collected, and paid in the same manner as other State taxes are required to be paid; and said tax shall be known as the State School Tax, and the Board of Commissioners of the several counties shall, annually, at the same time other State taxes are levied, add this to the other taxes provided by law to be levied and collected; and it shall be annually collected, at the same time admin the same manner as other State taxes are collected, and if, from any reason whatever, in any year, said taxes are not levied as herein required by the Board of County Commissioners, the County Auditor shall enter them on the assessment roll, as required by law, for other taxes. All moneys derived from the tax herein levied shall be paid into the State School Fund, and be apportioned in the same manner as other money in that fund. Sec. 55. There shall be set apart, semi-annually, five per cent. of all moneys received as State tax, for school purposes; and such amount shall be distributed pro rata, and be paid according to the provisions of section fourteen [fifteen] of this Act. Sec. 56. The Act entitled An Act establishing a Common School system for the Territory of Nevada, approved November twenty-sixth, one thousand eight hundred and sixty-one, and, also, an Act to amend an Act establishing a Common School system for the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one, approved December twentieth, one thousand eight hundred and sixty-two, together with all its amendments, are hereby repealed; provided, that this repeal shall not render invalid any lawful proceedings already taken under said Act, or its amendments, and that the Common School moneys, or funds, already accrued from taxation, or otherwise, shall inure to the benefit of, and belong to the Public School Funds provided for in this Act; and all other laws, or parts of laws, inconsistent with the provisions of this Act, are hereby repealed. |
κ1864 Statutes of Nevada, Page 427 (CHAPTER 145)κ
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accrued from taxation, or otherwise, shall inure to the benefit of, and belong to the Public School Funds provided for in this Act; and all other laws, or parts of laws, inconsistent with the provisions of this Act, are hereby repealed. |
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Chap. CXLVI.An Act to provide for the incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto.
[Approved March 22, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any number of persons, not less than ten, either in this State or the United States, being subscribers to the stock of any contemplated railroad, may be formed into a corporation for the purpose of constructing, owning and maintaining such railroad, by complying with the following requirements: Whenever stock to the amount of at least one thousand dollars for each and every mile of the proposed railroad shall have been so subscribed, and ten per cent in cash of the amount so required to be subscribed, shall be actually, and in good faith, paid to a Treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days notice from said Treasurer of a meeting of said subscribers for that purpose, may adopt articles of association, and may elect from among the subscribers to said articles, not less than five, nor more than thirteen directors. Sec. 2. The said articles of association shall set forth the name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, the amount of the capital stock of the company, which shall be divided into shares of one hundred dollars each, and which shall be the actual contemplated cost of constructing the road, together with the cost of the right of way, motive power, and every other appurtenances and thing, for the completion and running of said road, as nearly as can be estimated by competent engineers, the names and number of the directors to manage the affairs of the company, who shall hold their office until others are elected, as shall be provided by the by-laws of the company; the place from, and to which, the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length, as near as may be; each subscriber to such articles of association shall personally subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company; provided, that in case a person desirous of becoming a subscriber, but compelled to be absent from the State at the time of subscribing to such articles of association, he having duly paid the ten per cent. required by law upon his subscription, may sign the same by written proxy, |
Formation of corporations.
Conditions.
Form of articles of associatio
Proviso |
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To file articles in office of Secretary of State.
Powers and rights of corporation.
Certified copies to be evidence.
Duty of Directors.
Election of officers.
Bonds of officers.
Books of subscription. |
written proxy, or power of attorney, to that effect; and there shall be indorsed or attached to said articles so subscribed, an affidavit made by three directors therein named, setting forth in substance that said amount of stock has been subscribed, and that ten per cent, in cash, thereon, has actually and in good faith been paid in as aforesaid, and that the subscribers to said articles are all known by one or the other of the said three directors, to be subscribers thereto, and to be the persons so represented. Sec. 3. Articles of association formed in pursuance of the provisions of the foregoing section, shall be filed in the office of the Secretary of State, and thereupon the persons who have, or may, subscribed the same, and all persons who may, from time to time, become stockholders in such company, shall be a body politic and corporate, by the name stated in such articles of association, and shall be capable in law to make all contracts, acquire real and personal property, purchase, hold, convey, any and all real and personal property whatever, necessary for the construction, completion and maintenance of such railroad, and for the erection of all necessary buildings and yards, or places and appurtenances, for the use of the same, and be capable of suing and being sued, and have a common or corporate seal, and make and alter the same at pleasure, and generally to possess all the powers and privileges for the purpose of carrying on the business of the corporation, that private individuals and natural persons now enjoy. A copy of any articles of association, filed in pursuance of this Act, and certified to be a copy by the Secretary of State, or his deputy, shall, in all Courts and places be presumptive evidence of the incorporation of such company, and of the facts stated therein; and such a copy, so certified, shall be kept in the office of the Secretary of the corporation, subject to examination during office hours by any person. Sec. 4. The Directors named in the articles of association shall meet and organize as a Board immediately after their election, or within five days after, having received notice of such election given by the Treasurer, named and designated in the first section of this Act; and at the first meeting of the board, after each annual election of Directors, they shall elect from among their number a President and a Treasurer; they shall also elect a Secretary; who, and their successors in office, shall be officers of the company, and shall hold their respective offices until their successors have been duly elected and qualified. The Secretary and the Treasurer, before they enter upon the discharge of their duties, shall each give a bond with sufficient surety for the faithful performance of their respective duties, to be approved by the Board of Directors. The temporary Treasurer, required by the first section of this Act, shall pay over all moneys received by him as such Treasurer to the Treasurer elected by the Board of Directors, and every succeeding board, when deemed necessary, shall open books of subscription to the capital stock of the company, at such times, and in such places, upon such terms, and authorize such persons to receive and superintend the tanking of such subscriptions, as they may direct, due notice of which shall be given; but no subscription of stock, except the original subscription, shall be binding on the company, or parties so subscribing, until the same shall have been accepted and approved by a resolution of the board. |
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scription of stock, except the original subscription, shall be binding on the company, or parties so subscribing, until the same shall have been accepted and approved by a resolution of the board. In case a greater amount of acceptable stock shall be subscribed than the whole capital required by such company, the Board of Directors shall distribute such capital stock so subscribed as equally as possible among the subscribers; but no share thereof shall be divided in making such distribution, nor shall a greater number of shares be allotted to any one subscriber than by him subscribed for. Sec. 5. There shall be, after the first election of Directors, as prescribed by the first section of this Act, annual meetings of the stockholders, held in one of the counties in which, or through which, such road is proposed to be, or may be, constructed, for the election of Directors, to serve for the ensuing year, notice of which, appointing a time and place, shall be given for the first annual election and every subsequent election thereafter, as prescribed by the by-laws of the company, or by a resolution of the Board of Directors, which notice shall be published not less than twenty days previous thereto in a newspaper published in each county through or into which such road shall pass or be intended to run (if there be stockholders residing therein), in which a newspaper shall be published; and if no newspaper is published therein, then by six written or printed notices put up in the most public places in said county. Directors shall be elected from time to time, as a majority of the whole stock shall determine or as the by-laws shall designate, as may be determined in the formation of articles of association, in pursuance of the provisions of the first and second sections of this Act; shall be chosen at such meetings of stockholders by ballot and by a majority of the votes of the stockholders, being present in person or by written proxy; and every such stockholder, being so present, either in person or by proxy, at any election for Directors, shall be entitled to give one vote for every share of stock which he may have owned for ten days next preceding such election; but no stockholder shall vote at any such election upon any stock, except such as he shall have owned for ten days. No person shall be a Director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to vote for Directors at the election at which he may be chosen. The Directors shall hold their office for one year, and until others are elected in their places. At least a majority of the Directors shall, at the time of their election, be residents of this State. Sec. 6. Meetings of the stockholders may be called, at any time during the interval between the annual meetings, by the Directors, or by any number of stockholders owning not less than one third of the stock, by giving thirty days public notice of the time and place of the meetings, in the manner provided in the next preceding section for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and no other business shall be transacted at such meeting, when so called by the stockholders as aforesaid, except such as shall be so stated in such notice; and if at any such meeting thus called a majority in value of the stockholders are not represented, |
Meetings of stockholders
Election of Directors.
Qualifications of.
Term of office.
Called meetings. |
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May reduce stock.
Removal of officers.
Delay of election of Directors.
Vice President.
Compensation.
Vacancies.
Powers of Directors. |
a majority in value of the stockholders are not represented, in person or by written proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and if, within said three days, stockholders having at least a majority in interest of the stock do not attend and participate in such meeting, then the meeting shall be dissolved. In case the capital stock shall be ascertained to be greater or less than is necessary for completing, operating, and maintaining the road, then the capital stock may be reduced or increased by a vote of the holders of a majority of the capital stock to the amount thus required. Sec. 7. At all general meetings of the stockholders, two thirds in value of the stockholders of the company, being present in person or by proxy, may remove any President or any Director of such company, and elect others in their stead; provided, notice of such intended removal shall have been given as required in the last two preceding sections. Sec. 8. In case it shall happen at any time that any election of Directors shall not be made on the day designated by the by-laws of the company when it ought to have been made, the company, for that reason, shall not be dissolved, if within ninety days thereafter they shall hold an election for Directors in such manner as shall be provided by the by-laws of the company. There shall also be a Vice President of the company, should the Directors deem it necessary, to be chosen from the Board, and also, such subordinate officers as the company, by its by-laws may designate, who need not necessarily be stockholders. The said officers shall be chosen at such times and for such terms, and the Directors may fix the compensation of each, and they shall give such security for the faithful performance of the duties of their respective offices as the Directors shall require, or as may be established by the by-laws of the company; and any such officer may be removed from office by the Board of Directors, and the vacancy filled by said Board for the remainder of the term of office; and the Directors of such company shall also have power to fill all vacancies in their own body; and of all officers of the company, occasioned by death, resignation, or any other cause whatever. Sec. 9. The Directors of any railroad company heretofore incorporated, or which may be incorporated hereafter, from and after its incorporation or organization, in pursuance of the provisions of this Act, or of any law now in force in this State, shall, for and on behalf of such company, manage the affairs thereof, make and execute contracts, of whatever nature or kind, fully and completely to carry out the objects and purposes of such corporation, in such way and manner as they may think proper, and exercise generally the corporate powers of such company; and such Directors shall also have full power to make such by-laws as they may think proper, and alter the same from time to time, for the transfer of the stock, and the management of the property and business of the company, of every description whatsoever, within the objects and purposes of such company, and for prescribing the duties of officers, artificers and employees of said company, and for the appointment of all officers, and all else that by them may be deemed needful and proper, |
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and proper, within the scope and power of said company; provided, that such by-laws shall not be inconsistent or in conflict with the laws of this State, or with the articles of association; provided, that such by-laws shall be approved by a majority of the stockholders, and shall not be inconsistent or in conflict with the laws of this State, or with the articles of association. Sec. 10. The Directors shall also cause to be kept a book, to be called Record of Corporation Debts, in which the Secretary shall record all written contracts of the Directors, and a succinct statement of the debts of the company, the amount thereof, and with whom made, which book shall at all times be open to the inspection of any stockholder or party in interest. When any contract or debt shall be paid or discharged, the Secretary shall make a memorandum thereof, in the margin, or in some convenient place in the record, where the same is recorded. No contract shall be binding upon the company unless made in writing. Sec. 11. The Secretary of the corporation, who may be elected by the Directors named in the articles of association, and every succeeding Secretary elected during the continuance of said corporation, shall keep, in a book provided for that purpose, a correct record of the proceedings at each meeting of the company, as well as the Board of Directors; such record showing the name of each Director present at the opening of each meeting of the Board, and at what stage of the proceedings any Director, previously absent, may appear, and also at what stage of the proceedings any Director may obtain leave of absence. The records shall also show the name of each Director voting against any proposition, whenever any Director may require the same to be placed upon the record. Prior to the adjournment of each meeting of the company, or of the Board of Directors, the record of the proceedings of such meeting shall be read and approved; and he shall also keep such other books as may be deemed necessary, or prescribed by the Directors, in which all the business transactions of the company shall be plainly and accurately kept; he shall keep a book, to be labeled Book of Stockholders, which shall contain the names of all persons, alphabetically arranged, who are, or shall have been, stockholders of said company, and showing their places of residence, if known, the number of shares of stock held by them respectively, the time when they respectively became the owners of such shares, the amount of cash actually paid to the company by them respectively for their stock, as also the time when they may have ceased to be stockholders; which book, during the office hours of said Secretary, shall be open for the inspection of stockholders and creditors of the company and their personal representatives, at the office of said Secretary. There shall also be kept by the Secretary, a transfer book, in which all transfers of stock shall be duly entered, and no transfer of stock of such company shall be valid for any purpose whatever, except as between the parties thereto, until it shall have been entered therein by an entry showing to and by whom transferred, the numbers and designation of the shares, and the date of, and duly attested by said Secretary, and said book shall be presumptive evidence of the facts therein stated. |
Proviso.
Record of corporation debts.
Duties of Secretary.
Record of proceedings.
To read record prior to adjourning.
Further duties of Secretary. |
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Personal estate of stockholders
Transfer of stock.
Liabilities, debts, etc.
Evidence of payment.
Payment of subscription.
Notice.
Form of notice.
Sale of shares. |
Sec. 12. The stock of such company shall be deemed personal estate, and shall be transferable in the manner provided by the preceding section, and upon the books of the company, upon proper assignment and delivery to the assignee of the receipts for the installments paid on such stock, or the certificates of stock, when fully paid; but no share shall be transferable until all previous calls, or installments thereon, shall have been fully paid in; nor shall any transfer of the stock of such company be valid, except as between the parties by whom, and to whom, the same is transferred, unless at least twenty per cent. has been paid thereon, and certificates issued therefor, until the same is approved by the Board of Directors. Any stockholder transferring his shares of stock in manner aforesaid, and in compliance with the by-laws of the company, and the same being approved by the Board of Directors, as aforesaid, shall from and after the date of such approval, cease to be a stockholder in such company, and shall not be liable to any future calls from the Directors, nor for any debts that may be contracted by said company thereafter. But each stockholders stock of such company shall be liable to the creditors of such company for his proportion, that is to say: in proportion to the amount of stock by him held, for all the debts and liabilities of such company. In any action, whether joint or several, it shall be competent for the defendant, or defendants, or any or either of them, on the trial of the same, to offer evidence of the payment by him, or them, or any or either of them, of any debts or liabilities of such corporations; and upon proof of such payment, the same shall be taken into account and credited to the party, or parties, making such payment, and judgment shall not be rendered against the party, or parties, defendant proving such payment for a sum exceeding the amount of his, or their, proportion of the debts and liabilities of such corporation, after deducting therefrom the sums proven to have been paid him, them, or any or either of them, on account thereof. Sec. 13. It shall be lawful for the Directors of such company to call in and demand from the stockholders the sums by them subscribed, in equal installments of not more than ten per cent. per month, unless otherwise stipulated in the articles of subscription, at such times as they deem proper. Notice of each assessment shall be given to the stockholders personally, or shall be published once a week for at least four weeks, in a newspaper published at the place designated as the principal place of business of the corporation, or if none is published there, in some newspaper nearest such place, which notice shall be substantially in the following form: Notice is hereby given, that an assessment of ___ dollars per share on the stock of _____ company, is due and payable at the office of the company in _____ (and at such other places as the Directors may designate, naming them) within thirty days from date. All shareholders are requested to make payment on or before that time, or such assessment will be promptly collected by law. _____ Secretary. If after such notice shall have been given, any stockholder shall make default in the payment of the assessment upon the shares held by him, the same or so many of such shares may be sold as will be necessary for the payment of the assessment on all the shares held by him. |
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all the shares held by him. The sale of said shares shall be made as prescribed in the by-laws of the company; provided, that no sale shall be made except at public auction, to the highest bidder; and at such sale the person who will agree to pay the assessment so due, together with the expenses of advertisement and the other expenses of sale, for the smallest number of shares or parts of shares shall be deemed to be the highest bidder. All stockholders shall be liable to such sale, for installments due or required to be paid by such Directors as prescribed by this Act. Sec. 14. Certificates of stock shall be issued, signed by the President and Secretary, in such manner as may be prescribed by the by-laws of the company, for all stock fully paid up, from time to time, in compliance with the requirements of such Directors, or that may be fully paid in advance of such requirements by the voluntary act of any stockholder of such company. Sec. 15. Such companies, after at least ten per centum on all their capital stock has been paid in cash into the treasury of the corporation, shall have power to borrow, from time to time, on the credit of the corporation, and under such restrictions as two thirds in interest of the stockholders may impose, such sum or sums of money, not exceeding in all the amount of its capital stock, as may be necessary for the construction and equipment of their road, at a rate of interest not to exceed twelve per centum per annum, and to execute bonds or promissory notes therefor, in sums not less than one thousand dollars in any one note or bond, and, to secure said notes or bonds, may mortgage their corporate property and franchise, and pledge the income of the company; and the Directors of such company shall also provide, in such manner as to them may seem best, a sinking fund, to be especially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond, so issued for money borrowed, or in payment of any debt, or contract, for the construction and equipment of such road as aforesaid, the right to convert the principal due or owing thereon into stock of such company, at any time within six years from the date of such bond, under such regulations as the company may adopt. Sec. 16. The President and Secretary and a majority of the Directors, within thirty days after the payment of the last installment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of capital so fixed and paid in, which certificate shall be signed by the President and Secretary and a majority of the Directors, and sworn to by such President and Secretary, and they shall, within the said thirty days, file the same in the office of the Secretary of State. Sec. 17. Every railroad corporation shall have power: First-To cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents, and employes, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they shall do thereto. |
Certificates of stock.
May borrow money.
Sinking fund.
Capital paid in, certificates of.
Powers and rights of company. |
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Same. |
Second-To receive, hold, take, and convey, by deed or otherwise, the same as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as shall be made to it to aid and encourage the construction, maintenance, and accommodation of such railroad. Third-To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors, and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands and real estate, and other property, as the Directors may deem necessary and proper for the construction and maintenance of such railroad, and for the stations, depots, and other accommodations and purposes, deemed necessary to accomplish the objects for which the corporation is created. Fourth-To lay out its road or roads, not exceeding ten rods wide, and to construct and maintain the same, with a single or double track, with such appendages as may be deemed necessary for the convenient use of the same, and for the purposes of making embankments, excavations, ditches, drains, culverts, or otherwise, and procuring timber, stone, and gravel, or other materials, may take as much more land whenever they may think proper as may be necessary for the purpose aforesaid, in the manner hereinafter provided, for the proper construction and security of the road. Fifth-To construct their road across, along, or upon, any stream of water, water course, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal ditch, or flume, which the route of its road shall intersect, cross, or run along in such manner as to afford security for life and property; but the corporation shall restore the stream or water course, road, street, avenue, highway, railroad, canal, ditch, or flume, thus intersected, to its former state, as near as may be, or in a sufficient manner not to have unnecessarily impaired its usefulness or injured its franchises. Sixth-To cross, intersect, join, and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is, or shall be hereafter, intersected by any new railroad in forming such intersections and connection, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections, and connections, the same shall be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted. Seventh-To purchase lands, timber, stone, gravel, or other materials, to be used in the construction and maintenance of its road, or take them in the manner provided by this Act; may change the line of its road, in whole or in part, whenever a majority of the Directors shall determine, as is provided hereinafter; but no such change shall vary the general route of such road, as contemplated in the articles of association of such company. |
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after; but no such change shall vary the general route of such road, as contemplated in the articles of association of such company. Eighth-To receive by purchase, donation or otherwise, any lands, or other property, of any description, and to hold and convey the same, in any manner the Directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses, or for any other purposes necessary for the conveniences of such companies, in order to transact the business usual for such railroad companies. Ninth-To take, transport, carry and convey persons and property, on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combinations of them, and receive tolls or compensation therefor. Tenth-To erect and maintain all necessary and convenient buildings, stations, depots, and fixtures, and machinery, for the accommodation and use of their passengers, freight and business, and to obtain and hold the lands and other property necessary therefor. Eleventh-To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law. Twelfth-To regulate the force and speed of their locomotives, cars, trains, or other machinery used and employed on their road, and to establish, execute, and enforce all needful and proper rules and regulations, fully and completely for the management of its business transactions usual and proper for railroad companies. Sec. 18. If at any time after the location of the line of such railroad, in whole or in part, and the filing of the map thereof, as provided by this Act, it shall appear to the Directors of such company that the same may be improved, such Directors may, from time to time, alter or change the line in any manner they may think proper, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the land embraced in such new location, that may be required for the construction and maintenance of such road on such new line, either by agreement with the owner, or owners, of such lands, or by such proceedings as are authorized under the provisions of this Act, and use and enjoy the same in place of the line for which the new is substituted; but nothing in this Act shall be so construed as to confer any powers on such companies to so change their road as to avoid any point named in their articles of association, except as provided in section seventeen, subdivision seven, of this Act. Sec. 19. Whenever the track of such railroad shall cross a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track, as may be most expedient, and in cases where an embankment or cutting shall make a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent. The said company may take such additional lands and materials, |
May change line of road.
Crossing railroads on highways. |
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May take and use lands, etc.
Right of way granted.
Width of right of way.
Depots, etc.
Proviso.
Proviso.
Proviso. |
may take such additional lands and materials, if needed for the construction of such road or highway, on such new line, as may be deemed requisite by said Directors, unless the lands and materials so taken shall be purchased, or voluntarily given for the purpose aforesaid, compensation therefor shall be ascertained in the manner in this Act provided, as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands; and the same, when so taken and compensation made, to become part of such intersecting road, or highway, in such manner and by such terms as the adjacent parts of such highways may be held for highway purposes. Sec. 20. The right of way is hereby given and granted to all railroad companies that are now organized, or may be organized under the provisions of this Act, to locate, construct, and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed lands belonging to this State, or any other public lands which are now or may be the property of this State, at the time of constructing said railroad; and the said railroad companies are hereby authorized to survey and mark through the said lands of the State, to be held by them for the track of their respective railroads, one hundred feet in width for the whole length the said roads may be located over the lands of the State; and in cases where deep excavations, or heavy embankments, or other cuttings or structures whatever, or ditches, drains, canals, culverts, or other structures to protect the road bed, and to facilitate the use and enjoyment of the same, is or may be required for the grade or other uses of said roads, then at such places a greater width may be taken by such company, and which is hereby given, not exceeding two hundred feet wide; and the right is hereby further given and granted to said companies to locate, occupy, and hold all necessary sites and grounds for watering places, depots, or other buildings, for the convenient use of the same, along the line of said road or roads, so far as the places convenient for the same may fall upon the lands belonging to the State, except within the limits of any incorporated city or town, or within three miles, where the same shall be taken, on paying to the State the value of the same; and, provided, that no one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads shall cover over two square acres each, and that said sites or places on the lands of this State shall not be nearer to each other than five miles along the lines of said roads. The right is hereby further given and granted to said companies to take from any of the lands belonging to this State all such materials of earth, wood, stone, or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of said road or roads, or any part thereof; provided, that the grants herein made, as well of the use of the land of this State as for the materials for the construction and equipment of said road or roads, shall cease and determine as respects each particular road, which shall not have been begun and completed within the times limited in section thirty-nine of this Act; and, provided, further, that if any road, at any time after its location, shall be discontinued or abandoned by said company or companies, |
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nies, or the location of any part thereof be so changed as not to cover the lands of the State thus previously occupied, then the lands so abandoned or left shall revert to this State; and, provided, further, that when the location of the route of either of said railroads, or sites or places for depots, watering places, machine or workshops, or other buildings for the convenient use of the same shall be selected, the Secretary of the said company shall transmit to the Surveyor General, and to the Controller of this State, and to the Recorder of the county in which the lands so selected are situated, to each of said officers a correct plot of the location of said railroad, or sites or places, before such selection shall become operative. And when any such company shall, for its purposes aforesaid, require any of the land belonging to any of the counties, cities, or towns in this State, the county, city, and town officers respectively, having charge of such lands, may grant and convey such land to such company for a compensation which shall be agreed upon between them, or may donate and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by the provisions of this Act. Sec. 21. Any county, city, or town, in this State, shall have, and are hereby fully empowered, by and through a two thirds vote of the Board of Commissioners, the Common Council, or any other officers having a supervisory or other control of such county, city, or town, respectively, to give, grant, or donate, to any railroad company now organized, or that may be hereafter organized, under the laws of this State, the use of any of the streets or highways which may be absolutely necessary in order to enable any such company to reach an accessible point for a depot in any such county, city and county, city, or town, or to pass through the same on as direct a route as possible and accommodate the traveling and commercial interests thereof; provided, however, the provisions of this section shall not apply to any street railroad now constructed, or hereafter to be constructed, in any of the incorporated cities of this State; nor shall any railroad company, who may avail themselves of the provisions of this section, ever use their road for street railroad purposes, or for the purpose of carrying passengers for a consideration from one point to another in the same city; nor shall any city or town donate any public square, or any land set apart, to the use of any one company. Sec. 22. Any railroad company, organized under the provisions of this Act, or any railroad company organized under any law of this State, which shall accept the provisions of this Act, as herein provided, is authorized to enter upon any land for the purpose of surveying the line of its proposed railroad, the company being responsible for any damage occasioned by such; and such company is also authorized to acquire, purchase, and hold any real estate, or any right, title, or interest therein, which may be necessary or proper for the purpose of the construction or maintenance of the track or tracks, water stations, depots, machine or workshops, turn tables, or any other building or structure necessary for such railroad; but such company shall not hold such real estate, or any right, title, or interest therein, acquired or used solely or mainly for the construction or maintenance of the track or tracks of said railroad, |
Proviso.
Conveyance of lands, etc. by cities.
Cities may make grants
Proviso
Surveys. |
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General rights and powers.
Guardians may convey real estate to company.
Special proceedings to acquire real estate.
Petition.
Rights of defendants.
Hearing of petition. |
acquired or used solely or mainly for the construction or maintenance of the track or tracks of said railroad, beyond the time of the legal existence of said company, nor after the location of said track or tracks has been changed therefrom, nor after said company shall have failed, or ceased, to the use of the same for the maintenance of such track for the space of five years continuously; but in each of such cases, the said real estate, and all the right, title, and interest therein, shall revert to the person or persons, and his or their assigns, from whom the same was acquired by said company. Sec. 23. If it shall become necessary, for any of the purposes aforesaid, for such company to acquire any real estate, any right, title, or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator (as the case may be) may sell and convey the same to said company, but neither such sale or conveyance shall be valid, for any purpose, until the same shall have been [ap]proved by the Judge of the proper court; and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall have the same force and effect, for the purposes in this section mentioned, as if the same had been executed by persons competent to [convey] lands in their own names; such company may acquire any real estate, or any right, title, interest, estate, or claim therein or thereto, necessary for the purposes of said company, as hereinbefore provided, by means of the special proceedings prescribed in this Act. Sec. 24. Said special proceedings shall be substantially as follows: The said company shall file in the Clerks office of the District Court in the county in which said real estate is situated, a petition, verified according to law, stating therein the name of the company, the time when it was incorporated, that it still continues in legal existence, the principal termini of the proposed railroad, the descriptions, by metes and bounds, or by some accurate designation of the tract, or tracts, of land, which said company desire to appropriate for the purposes in the foregoing section mentioned, that said tract, or tracts, of land are necessary for said purposes, that the line of said railroad has been surveyed, and a map thereof made, (a copy of which shall be filed with the said petition), that said line has been adopted as the route of said railroad, and the names of the persons in possession of said tract, or tracts, of land, and of those claiming any right, title or interest therein, as far as the same can be ascertained by reasonable diligence. Sec. 25. The persons in occupation of said tract, or tracts, of land, and those having any right, title or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the Commissioners herein provided for, and in proceedings subsequent thereto, in the same manner as if they had appeared and answered said petition. Sec. 26. The said Court, or the Judge thereof, either in term or vacation, shall, by order, appoint the time for the hearing said petition, and such hearing may be had, and all orders in said proceedings may be made by the said Court, or the Judge thereof, either in term time or vacation. |
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proceedings may be made by the said Court, or the Judge thereof, either in term time or vacation. Sec. 27. The said company shall cause all the occupants and owners of said tract, or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in said county, to be personally notified of the pendency of the said petition at least ten days before the hearing thereof, and if any of said occupants, or owners, are unknown, or do not reside in said county, and have not been personally notified of the pendency of the said petition, said company shall cause a notice, stating the filing of said petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the hearing of said petition, to be published for four successive weeks previous to the time of hearing said petition, in a newspaper published in said county, or, if none is published in said county, then in a newspaper published nearest to said county. Sec. 28. The defendants to said petition may appear and show cause against said petition, on or before the time for the hearing thereof, or such other time as the hearing may be continued to, and upon satisfactory proof being made that the defendants have been duly notified of the pendency of said petition, as herein prescribed, and upon the hearing of the allegations and proofs of the said parties, if the said Court, or Judge, shall be satisfied that the said lands, or any part thereof, are necessary, or proper, for any of the purposes mentioned in said petition, then such Court, or Judge, shall appoint three competent and disinterested persons as Commissioners, one of whom shall be selected from among the persons, if any, named for that purpose by said company, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and asses the compensation to be paid, to any person or persons, having or holding any right, title or interest in, or to, each of said tracts of land, for and in consideration of the appropriation of such land to the use of said company. If any vacancy occur among said Commissioners, by reason of any one or more of them refusing, or neglecting to act, or by any other means, one or more Commissioners may be appointed by said Court, or Judge, to fill such vacancy, upon notice being given of such vacancy, as said Court, or Judge, may direct. Sec. 29. The said Court, or Judge, shall appoint the time and place for the first meeting of said commissioners, and the time for filing of their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties. The said commissioners, or a majority of them, shall meet at the time and place as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially, perform the duties imposed upon them; and any one of them may issue subpoenas for witnesses for either of said parties, and may administer oaths; and said commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties. Sec. 30. The said commissioners shall proceed to view the several tracts of land as ordered by said Court or Judge, and shall have [hear] the allegations and proofs of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated, |
To notify owners.
Publication of notice.
Defendants may appear.
To appoint Commissioners.
Vacancy.
Meeting of Commissioners.
Compensation. |
κ1864 Statutes of Nevada, Page 440 (CHAPTER 146)κ
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To file report.
Adverse claims.
New trial.
Confirmation of reports. |
shall ascertain and assess the compensation for the land sought to be appropriated, to be paid by said company to the person or persons having or holding any right, title or interest in or to each of the several tracts of land; and in ascertaining and assessing such compensation they shall take in consideration and make allowance, for, any benefit or advantages that in their opinion will accrue to such person or persons by reason of the construction of the railroad as proposed by said company; and if the said railroad company shall, in their petition filed in said special proceedings, offer or agree to make good and sufficient fences on the line of their said railroad, or any portion thereof, or to make good and sufficient cattle guards where fences may cross said line of railroad, at such places and such times as the same may be necessary, no sum or price for such fences shall be included in the compensation or damages to be awarded by said Commissioners; but such railroad company shall not be required to construct fences on the line of their railroad where the same passes through uninclosed tracts of lands, nor until inclosures shall be made abutting upon the property of said company; and such Commissioners shall, on or before the time or times as ordered by said Court or Judge, file in said Clerks office their report, signed by them, setting forth their proceedings in the premises, and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the Court or Judge shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the Court or Judge after the report of the Commissioners shall have been filed, and the said Court or Judge shall proceed to hear and determine the same; and in such case said company may pay the amount of such compensation to the Clerk of said Court, to abide the order of the Court or Judge in said proceedings, and said company shall not be liable for any of the costs caused by the adjudication of such conflicting claims. Sec. 31. The said company, or any of said defendants, if dissatisfied with the report, may, within twenty days after the time for the filing of said report, and after ten days notice to the parties interested, move to set aside the report and to have a new trial as to any tract of land, upon good cause shown therefor; and the said Court or Judge shall set aside the report as to such tract of land, and may recommit the matter to the same or to other Commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to Commissioners. Sec. 32. Upon the expiration of twenty days after the filing of said report, or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given, as aforesaid, and if the proceedings of said Commissioners appear to have been correctly and properly done, the said Court, or Judge, shall confirm each of said reports, and certify the same thereon. |
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Sec. 33. Each of said reports, and the certificates thereon, upon the compensation therein named being paid, shall be recorded in the Recorders office of said county by said company. The said Court, or Judge, may make all such orders as may be necessary or proper in the special proceedings provided for in this Act, and shall cause the pleadings and proceedings to be amended whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such special proceedings shall be taxed by the Clerk at the rates prescribed in the fee bill for said county in civil actions, and shall be paid by said company, except in case where a defendant shall move for a new trial, and the compensation assessed by the Commissioners shall not be increased more than ten per cent upon the previous assessment, in which case such defendant shall pay the cost. Sec. 34. If the title attempted to be acquired by virtue of the provisions of this Act, shall be found to be defective from any cause, such company may again institute proceedings to acquire the same, as in this Act prescribed; and at any stage of such new proceedings, or of any proceedings under this Act, the Court, or Judge, in Chambers, may rule or order in their behalf made, authorize such company, if already in possession, to continue in the use and possession, and if not in possession, to take possession of, and use such premises during the pendency of, and until the final conclusion of such proceedings, and may stay all actions and proceedings against such company on account thereof; provided, such company shall pay a sufficient sum in Court, or give security, to be approved by such Court, or Judge, to pay the compensation in that behalf when ascertained. Sec. 35. Upon the report of the Commissioners being filed for record, as above provided for, and upon the payment or tender of the compensation and costs, as prescribed in this Act, the real estate, or the right, title, or interest therein, described in such report, shall become the property of said company for the purpose of its incorporation, and shall be deemed to be acquired for, and appropriated to, public use. Sec. 36. Such company shall, within thirty days after the final confirmation of the report as aforesaid, pay or tender the sum of money ascertained and assessed by said Commissioners as and for the compensation of each tract of land described in said report, of which the compensation was ordered by said Court or Judge, to be ascertained and assessed as aforesaid; and said payment or tender may be made to the person or persons owning said tract of land, or having or holding any right, title, or interest therein, according to the amount or extent of the right, title, or interest, owned or held therein by such person or persons, or said payment may be made to the said clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes whatsoever as if the said sum of money had been personally paid to each and all of the persons entitled thereto. Sec. 37. The said Court or Judge shall, at the time of the payment of the said sum of money to the said clerk, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall, upon satisfactory proof, appear to be entitled thereto. |
Record of reports.
Costs.
Defective title.
Passage of
Payment of tender.
Court to order payment. |
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Definition of person.
Duties of clerk.
Companies may consolidate.
Publication of notice.
Copy to be filed.
To pay damages.
Not liable in certain cases Company may recover damages. |
same to be paid over to the person or persons who shall, upon satisfactory proof, appear to be entitled thereto. Sec. 38. In all the proceedings in relation to the sale or appropriation of real estate, and ascertaining and receiving the compensation therefor, for railroad purposes, as prescribed in this Act, the term person shall be deemed to include municipal or other corporations. Sec. 39. The minutes of the proceedings had before such Judge shall be entered by said clerk in the same manner, and with the same force and effect, as if the proceedings were had before said Court in term time. Sec. 40. It shall be lawful for two or more railroad companies to amalgamate and consolidate their capital stock, debts, property, assets, and franchises, in such manner as may be agreed upon by the Board of Directors of such companies so desiring to amalgamate and consolidate their interests; but no such amalgamation or consolidation shall take place without the written consent of three fourths of the value of all stockholders in interest of each company; and no such amalgamation or consolidation shall in any way relieve such companies, or stockholders thereof, from any and all just liabilities; and in case of such amalgamation or consolidation, due notice of the same shall be given by advertising for one month in at least one newspaper in each county, if there shall be one published therein, into or through which such roads shall run, and also for the same length of time in one paper published in Virginia City, and one at the capital of the State; and when the consolidation and amalgamation is completed, a copy of the new articles of association shall be filed in the office of the Secretary of State. It shall be the duty of the railroad company to make and maintain a good and sufficient fence on either or both sides of their property; and in case any company do not make and maintain such fence, if their engine or cars shall kill, maim, or destroy any cattle or other domestic animals when they stray upon their line of road, where it passes through or alongside of the property of the owners thereof, they shall pay to the owner or owners of such cattle or other domestic animal a fair market price for the same, unless the owner or owners of the animal or animals so killed, maimed, or destroyed, shall be negligent or at fault. In any case where the railroad company have heretofore or may hereafter pay to the owner or owners of the land, through which or alongside of which their road is or may be located, an agreed price for making and maintaining such fence, or whenever the cost of such fence has been or may be included in the amount of damages allowed and paid for the right of way for such railroad, such company shall be entirely relieved and exonerated from all claims and awards of damages arising out of the killing or maiming any animals, as aforesaid, in favor of all persons, or their successors or assigns, who shall thus fail to construct and maintain such fence. And the owner or owners of such animals shall become responsible to the railroad company for any damage or loss which may accrue to such company from such animals being upon their railroad track, by reason of the non-construction of such fence by said owner, unless it can be proven that such loss or damage accrued by reason of the negligence of such company, its officers, agents, or employes. |
κ1864 Statutes of Nevada, Page 443 (CHAPTER 146)κ
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son of the negligence of such company, its officers, agents, or employes. Sec. 41. A bell, of at least twenty pounds weight, shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad shall cross any street, road, or highway, under a penalty of one hundred dollars for every neglect, to be paid by the corporation owning the railroad, one half thereof to go to the informer and the other half to the State; and said corporation shall also be liable for all damage which shall be sustained by any person by reason of such neglect. Sec. 42. A check shall be affixed to every package or parcel of baggage, when taken for transportation, by the agent or employe of such railroad company, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check be refused on demand, the railroad company shall pay to such passenger the sum of twenty dollars, to be recovered in an action for debt, and, further, no fare or toll shall be collected or received from such passenger; and if such passenger shall have paid his or her said fare, the same shall be returned by the conductor in charge of the train; and if, on producing said check, if his or her baggage shall not be delivered to him or to her, by the agent or employe of said railroad company, he or she may, himself or herself, be a witness in any suit, brought by him or her to recover the value thereof, to prove the contents and value of said baggage. Sec. 43. Every railroad company in this State shall, within a reasonable time after their road shall be finally located, cause to be made a map and profile thereof, and of the land taken and obtained for the use thereof, and the boundaries of the several counties through which said road may run, and file the same in the office of the Secretary of State; and also like maps of the parts thereof located in different counties, and file the same in the office of the Clerk of the county in which said parts of said road shall be, there to remain as of record forever. The said maps and profiles shall be certified by the chief Engineer, the acting President and Secretary of such Company, and copies of the same so certified and filed as aforesaid, shall be kept in the office of the Secretary of the company, subject to examination by all parties interested. Sec. 44. Every such railroad corporation shall make an annual report to the Secretary of State of the operations of the year ending on the thirty-first day of December, which report shall be verified by the oaths of the President or acting Superintendent of operations, the Secretary and Treasurer of such corporation, and filed in the office of the Secretary of State by the twentieth day of January in each year, and shall state: First, the capital stock and the amount actually paid in. Second, the amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively. Third, the amount and nature of its indebtedness, and the amount due the corporation. Fourth, the amount received from the transportation of passengers, of property, of mails, express matter, and from other sources. Fifth, the amount of freight, specifying the quantity in tons. Sixth, the amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road. |
Regulations of trains.
Penalty.
Checks.
Map and profile to be filed.
Annual report to be verified.
Form of report. |
κ1864 Statutes of Nevada, Page 444 (CHAPTER 146)κ
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Duties of company.
Company to pay damages
Arrangement of trains.
Misdemeanor.
When liable.
Conductor may eject passongers.
Officers to wear badge. |
amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road. Seventh, the number and amount of dividends, and when paid. Eighth, the number of engine houses and shops, of engines and cars, and their character. Sec. 45. Every such company shall start and run their cars for the transportation of persons and property, at such regular times as they shall fix by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and property as shall, within a reasonable time previous thereto, offer, or to be offered, for transportation at the place of starting and the junction of other railroads, and at siding and stopping places, established for receiving and discharging way passengers and freight, and shall take, transport and discharge, such passengers and property, at, from and to, such places, on the due payment of tolls, freight or fare therefor. Sec. 46. In cases of refusal by such company, or their agents, so to take and transport any passengers or property, or to deliver the same at the regular appointed places, such company shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit. Sec. 47. It shall be unlawful to place baggage, freight, merchandise, or lumber cars, in the rear of passenger cars; and for any violations of the provisions of this section the company shall be liable, upon complaint of the party complaining, in the sum of five hundred dollars, and the person, agent, director, or officer, so causing the cars to be placed, shall be guilty of a misdemeanor, and upon conviction of such offense shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the county jail for three months, or both such fine and imprisonment; and should any accident happen to life or limb by such unlawful arrangement of cars, the person, agent, director or officer, who so directed or suffered such arrangement, shall be guilty of felony, and upon conviction thereof shall be imprisoned in the penitentiary for any term not less than three, and not more than ten years. Sec. 48. In case any passenger on any railroad shall be injured on the platform of a car, or any baggage, wood, gravel or freight cars, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury; provided, said company at the time furnished room inside of its passenger cars sufficient for the accommodation of its passengers. Sec. 49. If any passenger shall refuse to prepay his fare, or toll, upon demand, it shall be lawful for the conductor of the train and the employees of the company, to put him out of the cars at any stopping place the conductor may elect. Sec. 50. Every conductor, baggage master, engineer, brakesman, or other employe of any railroad company, employed in a passenger train, or at stations for passengers, shall wear upon his hat, or cap, or in some conspicuous place on the breast of his coat, a badge, which shall indicate his office, or station, and the initial letters of the name of the company by which he is employed. |
κ1864 Statutes of Nevada, Page 445 (CHAPTER 146)κ
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is employed. No conductor, or collector, without such badge, shall demand, or be entitled to receive, from any passenger, any fare, toll or ticket, or exercise any of the powers of his office, or station, and no one of said officers or employes, without such badge, shall have any authority to meddle, or interfere, with any passenger or property. Sec. 51. It shall be unlawful for any such railroad company to charge more than ten cents per mile for each passenger, and twenty cents per mile for each ton of freight transported on its road; and for every transgression of such limitation the company shall be liable to the party suffering thereby treble the entire amount of fare, or freight so charged to such party; provided, that in no case shall the company be required to receive less than thirty-five cents for any one lot of freight for any distance. Sec. 52. If any person, while in charge of a locomotive engine, running upon any railroad for such company, or while acting as a conductor of a car, or train of cars on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months. Sec. 53. If any person, or persons, shall willfully do, or cause to be done, any act, or acts whatever, whereby any building, construction or work of any kind of any such company, or any engine, machine or structure, or any matter or thing appertaining to the same, or track of said road, or any property or thing belonging to, or appertaining to such railroad, shall be stopped, obstructed, impaired, weakened, injured or destroyed, such person, or persons, so offending, shall be guilty of a misdemeanor, and shall forfeit and pay to said company treble the amount of damages sustained by means of such offense, besides a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the Court; and if, by reason of any unlawful act, any accident should happen to life or limb of any person riding, or being in the cars of such railroad, then such person, or persons, shall be guilty of felony, and upon conviction thereof shall be imprisoned in the penitentiary for any term not less than three nor more than ten years. It shall be unlawful for any person, or persons, engaged in mining, or other pursuits, to tunnel, drift, or in any manner excavate under, or upon any land belonging to any railroad company, without the consent of such company; and any person so offending shall be liable to the fine and imprisonment hereinbefore mentioned, whether injury results to any person by reason thereof or not. Sec. 54. If such railroad company shall not, within two years after the filing of its original articles of association, begin the construction of its road, and expend thereon at least five per cent. on the amount of its capital stock, and finish the road and put it in full operation within six years, its act of incorporation shall be void. Sec. 55. If any certificate or report made, or public notice given, by the officers of such company, in pursuance of the provisions of this Act, shall be false in any material representation, all the officers who shall have signed the same, |
Rate to charge.
Proviso.
Penalty for intoxication.
Injuries to works of company.
Penalty.
Per centage to be charged.
False notice or report. |
κ1864 Statutes of Nevada, Page 446 (CHAPTER 146)κ
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Payment of dividends when insolvent.
Acceptance to be filed in office of Secretary of State.
Kind of rail to be used.
Street railroads. |
all the officers who shall have signed the same, shall be jointly and severally liable for all the debts of the company contracted while they are stockholders or officers thereof, and shall likewise be guilty of a misdemeanor, and shall be fined in any sum not exceeding one thousand dollars, in any court having jurisdiction, and disqualified from holding any office of trust or profit in such company. Sec. 56. If the Directors of such company shall declare and pay any dividend when the company is insolvent, or any dividend the payment of which would make it insolvent, they shall be jointly and severally responsible for all the debts of the company then existing, and for all that shall thereafter be contracted, so long as they shall respectively remain in office; provided, that if any of the Directors shall be absent at the time of making the dividends, or shall object thereto, and shall, within thirty days thereafter, or after their return, if absent, file a certificate of their absence, or objections, with the Secretary of the company, and with the Clerk of the county, or District Court of the county in which the principal office of said company is located, they shall be exempt from all liability. All the existing railroad companies in this State may acquire and may be possessed of all the powers, rights and benefits conferred by this Act, fully and completely, by filing a written acceptance thereof in the office of the Secretary of State, signed by all the Directors of said company, and attested by the President and Secretary thereof, with the seal of such company affixed thereto; and the acceptance of any part of this Act shall be deemed and taken to be an acceptance of the whole Act, and a surrender of the Act or Acts under which the company may be organized; thereupon such company shall possess all of such powers, rights and benefits so accepted, and be subject to all of the obligations and restrictions herein specified, as fully and completely as they would have had and been if organized under this Act. Sec. 57. All railroads built by companies incorporated under the provisions of this Act, shall be constructed with the best quality of iron rail, known as T rail and H rail, or other patterns of equal utility, until otherwise provided by law; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or towns. Sec. 58. Corporations may be formed under this Act for the purpose of constructing, running, operating and maintaining a street railroad, or railroads, being wholly within the limits of a city, and county and town, under a franchise or franchises heretofore given to any such company or companies. |
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κ1864 Statutes of Nevada, Page 447κ
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Chap. CXLVII.An Act concerning the compensation of Jurors in the District Courts of this State.
[Approved March 22, 1865.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act, no grand juror, summoned to appear in the District Court of any judicial district of this State, shall receive any fee or compensation whatever for his services as such juror; nor shall any trial juror receive any fee or compensation whatever for his services as such juror in the trial of criminal cases. Sec. 2. In no case whatever shall any person, summoned to act as a juror in the District Court of any judicial district in this State, receive any fee or compensation for his services as such juror in the trial of any civil action in said Court, except for the time he shall actually be empanneled as such juror. Sec. 3. Jurors in the District Courts of the several judicial districts of this State shall, in the cases mentioned in this section of this Act, and in no other, be entitled to receive the compensation specified in this section, to wit: For each day, to be paid in civil cases only, by the party in whose favor the judgment is rendered, before the same shall be entered, but the same may be recovered back as costs from the party losing the case, for each juror empanneled, three dollars. If, in any trial in a civil case, the jury be for any cause discharged without finding a verdict, the fees of the jury shall be paid by the plaintiff, but may be recovered back as costs by the plaintiff from the party losing the case; provided, such plaintiff shall afterward obtain judgment. Until such jury fees are paid, no further proceedings shall be allowed in the action. Sec. 4. The expenses for summoning and empanneling grand juries in the several judicial districts of this State, and for summoning trial jurors (except when a special jury shall be demanded as provided by law) shall be borne and paid by the several counties within which such District Courts may be held; but none of such counties shall pay or be held liable for the payment of any other expenses which may, in any manner, be incident to the jury system in said judicial districts. Sec. 5. The provisions of this Act shall only apply to counties in this State which, at the general election held in November, in the year of our Lord one thousand eight hundred and sixty-four, cast a popular vote of four thousand or more, or which may hereafter cast such vote. Sec. 6. All Acts or parts of Acts, so far as the same are inconsistent with, or repugnant to, the provisions of this Act, are hereby repealed. |
No jury fee allowed in criminal cases.
Jurors allowed fees only for time empanneled in civil cases.
Cases in which fees are allowed in District Court.
Proviso.
Expenses of summoning, etc., how paid.
Application of Act.
Repeal. |