[Rev. 5/3/2022 7:53:10 PM]
κ1897 Statutes of Nevada, Page 11κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
EIGHTEENTH SESSION OF THE LEGISLATURE
1897
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Chapter I.An Act to create a Legislative Fund.
[Approved January 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and per diem of the members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective Houses, thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of thirty-two thousand ($32,000) dollars, which shall constitute the Legislative Fund. Sec. 2. The State Controller is hereby authorized and required to draw his warrant on said fund in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective Houses, when properly certified to him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund. |
State Treasurer required to set apart money.
Controller authorized to draw warrant.
Excess to revert to General Fund. |
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Chap. II.An Act to restrict and license glove contests, or exhibitions between man and man, and to repeal all other Acts in conflict therewith.
[Approved January 29, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any male person over the age of twenty-one years may procure a license for an exhibition in a public place for any contest or exhibition with gloves between man and man for a wager or reward, and the weight of the gloves shall not be less than four ounces used in said contest or exhibition. |
Who may procure license. |
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Weight of gloves.
Sheriff to issue license, and cost of same.
County Auditor to prepare license.
Who named in license.
Physicians to certify as to condition of contestants.
Relating to grounds.
Division of license money.
Misdemeanor and penalty.
To take effect. |
for any contest or exhibition with gloves between man and man for a wager or reward, and the weight of the gloves shall not be less than four ounces used in said contest or exhibition. Sec. 2. The Sheriff of any county in which the exhibition named in section one of this Act is to be held, shall issue a license for such exhibition or contest upon payment to him of the sum of one thousand ($1,000) dollars. Sec. 3. Blank licenses shall be prepared by the County Auditor of the county in which the exhibition or contest named in section one of this Act is to be held, which license shall be issued and accounted for as is by law provided for in respect to other county licenses. Each license delivered by the Sheriff under the provisions of this Act shall contain the name of the licensee and the name of the contestants for the reward or wager offered for such exhibition or contest. Sec. 4. The licensee shall ten hours before any proposed contest or exhibition under the provisions of this Act, file with the County Clerk where such contests or exhibition is to be held, a certificate in writing executed by two regular practicing physicians of this State, showing that the contestants named in the license are in sound physical health and condition. Sec. 5. That such exhibition or contest shall be within an enclosure sufficient to exclude the view of the public not in attendance thereat, and no intoxicating liquors of any kind shall be sold or given away at or during the contest or exhibition as aforesaid upon the grounds or within the enclosure where said exhibition or contest is held. Sec. 6. No town, city or municipal corporation in this State shall have power to prohibit, suppress or regulate any such glove exhibition or contest, or the license therefor as provided by this Act, and no such exhibition or contest shall take place on Sunday. Sec. 7. All moneys received for licenses under the provisions of this Act shall be paid one-tenth (1-10) into the County Treasury and nine-tenth (9-10) into the State Treasury for general county and state purposes. Sec. 8. Any person procuring said license is hereby authorized to charge an admission fee to such exhibition or contest. Sec. 9. Any person or persons who shall participate in, conduct, or manage any glove contest or exhibition contrary to the provisions of this Act, shall be deemed guilty of a misdemeanor and on conviction thereof be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment in the County Jail not to exceed six months. Sec. 10. This Act shall take effect from and after its passage. All Acts and parts of Acts in conflict herewith are hereby repealed. |
κ1897 Statutes of Nevada, Page 13κ
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Chap. III.An Act to provide for the copying of the Journal of the Senate for the Eighteenth Session.
[Approved February 4, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred dollars ($100) is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Mrs. Ida Osgood for copying the Journal of the Senate for the Eighteenth Session of the Nevada Legislature for the State Printer. Sec. 2. Upon the receipt of a certificate from the Honorable Eugene Howell Secretary of State that the Journal of the Senate for the Eighteenth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. Ida Osgood named in section one of this Act, for the said sum of one hundred dollars, and the State Treasurer shall pay the same. |
Appropriation for copying Senate Journal.
Secretary of State to certify. |
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Chap. IV.An Act to provide for the issuance of bonds by the County of Ormsby and to provide for the payment of the same, in order to provide for the payment of eight thousand dollars of the bonds of said county heretofore issued and now outstanding, which were issued in pursuance and by virtue of an Act of the Legislature of the State of Nevada, entitled An Act to establish and provide for an Indian School, approved January 25, 1887.
[Approved February 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of said Ormsby county are hereby authorized and empowered to prepare and issue the bonds of said county in an amount not exceeding eight thousand dollars, in the manner and form hereinafter provided. Sec. 2. The Board of County Commissioners of said Ormsby county shall cause such bonds to be prepared in proper form; they shall be signed by the Chairman of the Board, and countersigned by the Clerk, who shall attach thereto the county seal. Said bonds shall bear interest at the rate of six per cent per annum, interest payable annually, on the tenth day of December of each year. They shall have proper interest coupons attached thereto, which shall be signed by the Chairman of the Board. The first coupon upon each of the bonds shall represent the fractional part of one years interest from the date of its issue to the tenth day of December next ensuing. Said bonds shall be payable to bearer at the office of the County Treasurer in said county in not less than ten years nor more than twenty years from their date, and each bond shall express upon its face that the county of Ormsby may redeem it at its option on the tenth day of any December after ten years from its date. |
County Commissioners to issue bonds.
Form of bond.
Shall bear interest. Coupons. |
κ1897 Statutes of Nevada, Page 14 (CHAPTER 4)κ
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Where payable and to whom.
Redemption of bonds.
Denomination of bonds
Fund created
Tax levy for payment of bonds.
County Treasurer to pay interest coupons.
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in said county in not less than ten years nor more than twenty years from their date, and each bond shall express upon its face that the county of Ormsby may redeem it at its option on the tenth day of any December after ten years from its date. Both principal and interest of said bonds shall be payable in lawful money of the United States of America. Sec. 3. Whenever the Board of County Commissioners of said Ormsby county shall elect to redeem any bond or bonds issued in pursuance of this Act, after the same have run ten years, they shall so notify the County Treasurer, and the County Treasurer shall so notify the party presenting the interest coupon of such bond or bonds for payment, and such notice shall operate to stop the accruing of further interest on such bond or bonds, and if the coupon upon any bond or bonds next falling due after such election to redeem, shall not be presented for payment, the interest upon such bond or bonds shall cease without notice; provided, there be funds in the County Treasury set apart for the payment of the same, and such money shall remain in the treasury for the redemption of such bond or bonds when presented. Sec. 4. Said bonds shall be issued in denominations of not less than five hundred dollars, and not more than one thousand dollars, and shall be redeemed in the order of their number. Sec. 5. The bonds herein provided for shall be sold by the Board of County Commissioners of said Ormsby county to the highest bidder for cash for the same; provided, that the said Board of County Commissioners shall have the right to reject any or all bids. The proceeds of such sale or sales shall be placed in the County Treasury of Ormsby county to the credit of Indian School Bond Redemption Fund, which fund is hereby created for the purposes mentioned in this Act. Sec. 6. For the purpose of creating a fund for the payment of the bonds hereby authorized, the Board of County Commissioners of Ormsby county, Nevada, are hereby authorized and directed, and they shall levy and collect annually, at the time of the annual levy of taxes for State and county purposes, and annually thereafter until all the bonds and coupons issued under the provisions of this Act, have been fully paid or provided for, a tax sufficient to pay the accruing interest, and to redeem such of said bonds after ten years from their date as the Board of County Commissioners of said Ormsby county, may elect to redeem, not exceeding twenty-five cents in any one year upon each one hundred dollars of the taxable property of Ormsby county and all moneys arising from such tax shall be paid into the County Treasury and placed in a fund which is hereby created to be known as Indian School Bond Redemption Sinking Fund, to be used for the payment of said bonds and the coupons thereof when the same become due, and shall not be diverted to any other purpose whatever. Sec. 7. The County Treasurer of said Ormsby county, Nevada, is hereby authorized and directed to pay all interest coupons as the same shall fall due, upon the presentation and surrender by the holder of the coupon therefor, and to redeem said bonds after ten years from the date of their issue to the amount of two thousand dollars each year until the full amount of said bonds has been fully paid and redeemed. |
κ1897 Statutes of Nevada, Page 15 (CHAPTER 4)κ
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surrender by the holder of the coupon therefor, and to redeem said bonds after ten years from the date of their issue to the amount of two thousand dollars each year until the full amount of said bonds has been fully paid and redeemed. Sec. 8. The bonds provided for in this Act shall be issued and sold for the purpose of providing funds for the payment of eight thousand dollars of the bonds of said county issued under and pursuant to the provisions of an Act of the Legislature of the State of Nevada, entitled An Act to establish and provide for an Indian School, approved January 25, 1887. Sec. 9. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified in any way as to impair the security of those who shall hold or purchase the bonds herein provided for. |
Purpose of bonds.
State of Nevada pledged. |
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Chap. V.An Act to provide for the issuance of bonds by the County of Ormsby and to provide for the payment of the same, in order to provide for the payment of ten thousand dollars of the bonds of said county heretofore issued and now outstanding, which were issued in pursuance and by virtue of an Act of the Legislature of the State of Nevada entitled An Act to authorize the issuance of certain bonds by Ormsby county and to provide for the payment of the same, approved March 9, 1889.
[Approved February 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Ormsby county are hereby authorized and empowered to prepare and issue the bonds of said county in an amount not exceeding ten thousand dollars, in the manner and form hereinafter provided. Sec. 2. The Board of County Commissioners of said Ormsby county shall cause such bonds to be prepared in proper form; they shall be signed by the Chairman of the Board, and countersigned by the Clerk, who shall attach thereto the county seal. Said bonds shall bear interest at the rate of six per cent per annum, interest payable annually, on the tenth day of December of each year. They shall have proper interest coupons attached thereto, which shall be signed by the Chairman of the Board. The first coupon upon each of the bonds shall represent the fractional part of one years interest from the date of its issue to the tenth day of December next ensuing. Said bonds shall be payable to bearer at the office of the County Treasurer in said county in not less than ten years nor more than twenty years from their date, and each bond shall express upon its face that the county of Ormsby may redeem it at its option on the tenth day of any December after ten years from its date. |
County Commissioners to issue bonds.
Form of bond.
Shall bear interest. Coupons.
Where and to whom payable. |
κ1897 Statutes of Nevada, Page 16 (CHAPTER 5)κ
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Redemption of bonds.
Denomination of bonds.
Fund created.
Tax levy for payment of bonds.
County Treasurer to pay interest coupons. |
after ten years from its date. Both principal and interest of said bonds shall be payable in lawful money of the United States of America. Sec. 3. Whenever the Board of County Commissioners of said Ormsby county shall elect to redeem any bond or bonds issued in pursuance of this Act, after the same have run ten years, they shall so notify the County Treasurer, and the County Treasurer shall so notify the party presenting the interest coupon of such bond or bonds for payment, and such notice shall operate to stop the accruing of further interest on such bond or bonds, and if the coupon upon any bond or bonds next falling due after such election to redeem, shall not be presented for payment, the interest upon such bond or bonds shall cease without notice; provided, there be funds in the County Treasury set apart for the payment of the same, and such money shall remain in the treasury for the redemption of such bond or bonds when presented. Sec. 4. Said bonds shall be issued in denominations of not less than five hundred dollars, and not more than one thousand dollars, and shall be redeemed in the order of their number. Sec. 5. The bonds herein provided for shall be sold by the Board of County Commissioners of said Ormsby county to the highest bidder for cash, for the same; provided, that the said Board of County Commissioners shall have the right to reject any or all bids. The proceeds of such sale or sales shall be placed in the County Treasury of Ormsby county to the credit of Ormsby County Agricultural Association Bond No 1. Redemption Fund, which fund is hereby created for the purposes mentioned in this Act. Sec. 6. For the purpose of creating a fund for the payment of the bonds hereby authorized, the Board of County Commissioners of Ormsby county, Nevada, are hereby authorized and directed, and they shall levy and collect annually, at the time of the annual levy of taxes for State and county purposes, and annually thereafter until all the bonds and coupons issued under the provisions of this Act, have been fully paid or provided for, a tax sufficient to pay the accruing interest, and to redeem such of said bonds after ten years from their date as the Board of County Commissioners of said Ormsby county, may elect to redeem, not exceeding twenty-five cents in any one year upon each one hundred dollars of the taxable property of Ormsby county and all moneys arising from such tax shall be paid into the County Treasury and placed in a fund which is hereby created to be known as Ormsby County Agricultural Association Bond No. 1 Redemption Sinking Fund, to be used for the payment of said bonds and the coupons thereof when the same become due, and shall not be diverted to any other purpose whatever. Sec. 7. The County Treasurer of said Ormsby county, Nevada, is hereby authorized and directed to pay all interest coupons as the same shall fall due, upon the presentation and surrender by the holder of the coupon therefor, and to redeem said bonds after ten years from the date of their issue to the amount of two thousand dollars each year until the full amount of said bonds has been fully paid and redeemed. |
κ1897 Statutes of Nevada, Page 17 (CHAPTER 5)κ
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said bonds after ten years from the date of their issue to the amount of two thousand dollars each year until the full amount of said bonds has been fully paid and redeemed. Sec. 8. The bonds provided for in this Act shall be issued and sold for the purpose of providing funds for the payment of ten thousand dollars of the bonds of said county issued under and pursuant to the provisions of an Act of the Legislature of the State of Nevada, entitled An Act to authorize the issuance of certain bonds by Ormsby county and to provide for the payment of the same, approved March 9, 1889. Sec. 9. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified in any way as to impair the security of those who shall hold or purchase the bonds herein provided for. |
Purpose of bonds.
State of Nevada pledged. |
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Chap. VI.An Act to require the payment of poll tax by all legal voters under sixty years of age.
[Approved February 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The name of no person under the age of sixty years shall be registered by any Registry Agent until such person shall exhibit a proper receipt for the poll tax required by law for the then current year and also for the preceding year when such person shall have been an inhabitant of the State of Nevada during the last six months of the preceding year; provided, that if the applicant for registration has not paid such poll tax, or poll taxes, it shall be lawful for him to pay the same to the Registry Agent to whom he applies for registration, and receive the proper poll tax receipt, therefor. The County Auditor shall deliver to the several Registry Agents of his county such number of blank poll tax receipts as may from time to time be found necessary, which shall be receipted for, and accounted for by said Registry Agents, in the same manner as County Assessors are required by law to do. The Registry Agents shall on the first Monday in each month, during the time of registration and the first month thereafter, pay over to the County Auditor of their respective counties the aggregate amount of all poll taxes by them collected during the preceding month. No person having paid poll tax for the current year or the preceding year in any county in the State of Nevada shall be required to pay such tax the second time, but in case any applicant for registration shall have lost his poll tax receipt, or the same shall have been destroyed, the Registry Agent shall accept as its equivalent a written certificate from any County Assessor, or his duly authorized deputy, certifying that such poll tax receipt was duly delivered to the applicant for registration, and all County Assessors and their duly authorized deputies shall promptly deliver, free of charge, such certificates to applicants therefor. |
Must show poll tax receipt before registering. |
κ1897 Statutes of Nevada, Page 18 (CHAPTER 6)κ
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Misdemeanor and penalty. |
and their duly authorized deputies shall promptly deliver, free of charge, such certificates to applicants therefor. Sec. 2. No member of any political committee, or association representing any political party, nor any candidate for any public office, shall, in person, or by agent, either directly or indirectly, pay the poll tax of any voter, nor give, advance, or loan money to pay the same. Sec. 3. No voter, either in person or by agent, directly or indirectly, shall solicit the payment of his poll tax, or the advancement or the loan of money with which to pay the same, from any political committee or association representing any political party, or from any member thereof, or from any candidate for any public office. Sec. 4. Any person violating any provision of this Act, or failing to comply with the requirements thereof, shall be deemed guilty of a misdemeanor and upon due conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail for not less than fifty days, nor more than six months, or may be punished by both such fine and imprisonment. |
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Lawful to sign unsigned records.
Signature made legal. |
Chap. VII.An Act to authorize the Honorable C. E. Mack, District Judge of the First Judicial District of the State of Nevada, to sign records in the Counties of Storey, Ormsby, Lyon, Douglas and Esmeralda.
[Approved February 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be lawful from and after the passage of this Act, for the Honorable C. E. Mack, District Judge of the District Court of the First Judicial District of the State of Nevada, at any time during his continuance in such office, to sign any records of his Court, in the counties of Storey, Ormsby, Lyon, Douglas and Esmeralda, that may have been left unsigned by the Honorable Richard Rising, his predecessor, at the time of going out of office. Sec. 2. Said records when thus signed shall have the same legal force and effect that they would be entitled to, had they been signed by the Honorable Richard Rising, District Judge, while in the exercise of his office. |
κ1897 Statutes of Nevada, Page 19κ
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Chap. VIII.An Act fixing the fees of the County Clerk of Ormsby county for making out naturalization papers.
[Approved February 12, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Clerk of Ormsby county shall charge fees as follows: For making out naturalization papers, including all necessary oaths, affirmations and certificates for the first papers, the sum of two dollars and a half; for making out naturalization papers, including all necessary oaths, affirmations and certificates for the final papers, the sum of five dollars. Sec. 2. All Acts and parts of Acts in so far as they conflict with the provisions of this Act are hereby repealed. |
Clerks fees. |
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Chap. IX.An Act to repeal an Act entitled An Act providing for the appointment of a Janitor for the committee rooms of the Legislature, approved January 25, 1887.
[Approved February 12, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act of the Legislature of the State of Nevada entitled An Act providing for the appointment of a Janitor for the committee rooms of the Legislature, approved January 25, 1887, is hereby repealed. Sec. 2. This Act shall take effect on the first day of April, 1897. |
Act providing for janitor repealed. |
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Chap. X.An Act to amend an Act to provide for the election of School Trustees and matters properly connected therewith, approved, March 19th, 1891.
[Approved February 12, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of said Act is hereby amended so as to read as follows: Section seven. Any person offering to vote may be challenged by any elector of the district, and the Judges of Election must thereupon administer to the person challenged an oath in substance as follows: You do swear that you are a citizen of the United States, that you are twenty-one years of age, that you have resided in this State six months, and in this county thirty days, and in this School District thirty days next preceding this election, and that you have not before voted this day. |
Judges of Election to administer oath. Oath. |
κ1897 Statutes of Nevada, Page 20 (CHAPTER 10)κ
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voted this day. If he takes the oath prescribed in this section his vote must be received, otherwise his vote must be rejected. Illegally voting under this Act shall be punished the same as the law now provides for punishing offenses of this character. |
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Close season for sagecock. |
Chap. XI.An Act to amend section three of an Act entitled An Act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1893, as amended and approved March 2, 1895.
[Approved February 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is amended so as to read as follows: Section three. It shall be unlawful for any person or persons, firm, company, corporation or association to catch, kill, net, pound, weir, cage, trap or destroy, or to pursue with such intent, between the first day of March of each and every year, and before the fifteenth day of August following, any sage cock, hen or chicken within this State, except the counties of Elko, Eureka, Lander and Humboldt, the close season for which shall be from the first day of March to the first day of July, and each and every person or persons, firm, company, corporation or association who shall sell, buy, transport or give away, or offer or expose for sale, or have in his or their possession any sage cock, hen, or chicken that have been taken, killed, captured, snared, netted, pounded, weired, caged or trapped, contrary to the provisions of this section, shall be guilty of a misdemeanor and punished as hereinafter provided. |
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Copying Journal of Assembly.
Controller to draw warrant. |
Chap. XII.An Act to provide for copying the Journal of the Assembly for the Eighteenth Session
[Approved February 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty dollars ($150) is hereby appropriated out of the Legislative Fund of the State Treasury to be paid to Mrs. J. E. Miller for copying the Journal of the Assembly for the Eighteenth Session of the Nevada State Legislature, for the State Printer. Sec. 2. Upon the receipt of a certificate from Eugene Howell, Secretary of State, that the Journal of the Assembly for the Eighteenth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. |
κ1897 Statutes of Nevada, Page 21 (CHAPTER 12)κ
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correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. J. E. Miller, named in section one of this Act, and the State Treasurer shall pay the same. |
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Chap. XIII.An Act to pay the deficiencies in the appropriations for the years 1895 and 1896.
[Approved February 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four thousand five hundred and fifty-three dollars and forty-two cents ($4,553 42) is hereby appropriated out of any moneys in the General Fund of the State for the payment of the deficiencies in the appropriations for the years A. D. 1895 and 1896 as follows: California Institution for Deaf, Dumb and Blind, $579 40; Morning Appeal, $15; Gazette Publishing Company, $12; Nevada State Journal, $5; Virginia Evening Chronicle, $45 50; William Kinney, $15; George T. Mills, $1,317 22; Will U. Mackey, $448 30; Reinhold Sadler, $216; Eugene Howell, $1,200; Ada Torreyson, $148; Bullion and Exchange Bank, $115 15; R. M. Beatty, $436 85. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Appropriation to pay deficiency.
Controller to draw warrant. |
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Chap. XIV.An Act to provide relief for H. C. Cutting.
[Approved February 18, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-eight hundred dollars is hereby appropriated out of any money in the General Fund of the State Treasury, not otherwise appropriated, to be paid to H. C. Cutting for services rendered to the State of Nevada as ex officio Curator of the State Museum. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the aforesaid H. C. Cutting for the amount aforesaid, and the State Treasurer is hereby directed to pay the same. |
Appropriation for H. C. Cutting.
Controller to draw warrant. |
κ1897 Statutes of Nevada, Page 22κ
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Amend section one hundred and sixty-three. |
Chap. XV.An Act to amend section one hundred and sixty-three of an Act entitled An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada, approved November 26, 1861.
[Approved February 18, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and sixty-three of the above entitled Act is hereby amended so as to read as follows: Section one hundred and sixty-three. If the offense be bailable, and bail be taken by the magistrate, the following words, or words to the same effect, shall be added to the indorsement: And I have admitted him to bail to answer by the recognizance hereto annexed. Provided, that if the offense charged constitutes a felony, no bail shall be accepted in a less sum than five hundred dollars. |
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Grazing sheep near Austin. |
Chap. XVI.An Act to regulate the herding or grazing of sheep within a distance of four miles of the town of Austin, Lander county, Nevada.
[Approved February 24, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons, firm, company, association or corporation, or the managing agent of any person or persons, firm, company, association or corporation, owning, controlling or having in their possession, charge or care, any sheep of a greater number than fifty (50) head, who shall herd, graze or pasture said sheep on any Government land, situate within four miles of the town limits of the town of Austin, in Lander county, State of Nevada, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars, nor less than ten dollars or by imprisonment in the County Jail, for a term of not more than fifty days, nor less than ten days. |
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Chap. XVII.An Act to amend an Act entitled An Act to amend section two hundred and forty-five of an Act entitled An Act to regulate proceedings in civil cases, in courts of justice in this State, and to repeal all other Acts in relation thereto, approved March 8, 1869, approved March 16, 1895.
[Approved February 25, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: |
κ1897 Statutes of Nevada, Page 23 (CHAPTER 17)κ
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Section two hundred and forty-five of said Act is hereby amended so as to read as follows: Section two hundred and forty-five. The Judge or referee may order any property of the judgment debtor not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtor not exceeding fifty dollars for his personal services for the calendar month during, or immediately preceding, that in which process has been issued shall not be so applied when it shall be made to satisfactorily appear by the affidavit of the debtor, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor; provided, that when it shall satisfactorily appear by affidavit, or otherwise, that the judgment debtor, or his assignee, has received payment, or payments, on account of such personal earnings during such calendar month then only the difference between the amount of such payment, or payments, and fifty dollars shall be exempt from execution. |
Relating to civil cases. |
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Chap. XVIII.An Act to prevent t e adulteration of candy.
[Approved February 26, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person, firm, or corporation shall, either directly or by agent or employe, or as the agent or employe of any other person, firm, or corporation, manufacture for sale, or knowingly sell, or offer for sale any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance, or by poisonous colors, or flavors, or other matters or ingredients deleterious or injurious to health. Sec. 2. Any candy so adulterated shall be seized by any police, constabulary or arresting officer, and shall be destroyed under the direction of the Judge of the Court before whom any complaint shall be made for a violation of any provision or requirement of this Act. Sec. 3. Any person violating any provision or requirement of this Act shall be punished by a fine not exceeding one hundred dollars, nor less than ten dollars, or by imprisonment in the County Jail for a period not exceeding fifty days, nor less than twenty-five days. |
Sale of adulterated candy.
Adulterated to be destroyed.
Penalty. |
κ1897 Statutes of Nevada, Page 24κ
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Duties of State Treasurer. |
Chap. XIX.An Act to amend section four of an Act entitled An Act defining the duties of State Treasurer, approved February 2, 1866.
[Approved February 26, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section four. He shall receive and keep all moneys of the State not expressly required by law to be received and kept by some other person; shall receipt to the Controller for all moneys received, from whatever source, and at the time of receiving the same; shall disburse the public moneys upon warrants drawn upon the Treasury by the Controller of State, and not otherwise. Such warrants shall be registered, and paid in the order of their registry. He shall keep a just, true and comprehensive account of all moneys received and disbursed, and shall deliver to his successor in office all moneys records, books and papers and other things belonging to his office in good order; and keep his office open, for the transaction of business every day of the year, Sundays and other non-judicial days excepted. |
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Husband to control community property. |
Chap. XX.An Act to amend section six of an Act entitled An Act defining the rights of husband and wife, approved March 10, 1873.
[Approved February 27, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section six. The husband has the entire management and control of the community property, with the like absolute power of disposition thereof, except as hereinafter provided, as of his own separate estate; provided, that no deed of conveyance, or mortgage, of a homestead as now defined by law regardless of whether a declaration thereof has been filed or not, shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same as now provided by law for the conveyance of real estate. |
κ1897 Statutes of Nevada, Page 25κ
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Chap. XXI.An Act to create the office of Road Inspector, to provide for work on public roads and to limit the compensation therefor.
[Approved February 27, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Road Inspector is hereby created. The duties of the office shall be to order, superintend, inspect and approve, if properly done, all work upon the public roads in the road district for which he may be appointed, as well as that to be done by Supervisors, if any there be, as that done by other persons; to report thereon to the Board of County Commissioners, and to approve all proper bills for road work before they are presented to said Board for allowance. Sec. 2. The Board of County Commissioners in each county may appoint one Road Inspector for each road district now existing or which may hereafter be created in any county of this State, to hold office at the will of said Board. Sec. 3. The office of Road Inspector shall be without compensation, and no money shall be paid from public funds to defray any expenses incurred therein, or thereby, unless by order of the board of Commissioners there shall be especially prescribed a limit of compensation for said office in each road district, which order shall especially name the road district wherein said compensation may be given; and no Road Inspector shall receive any compensation as such officer, unless such compensation shall have been fixed by the Board of Commissioners within the limit aforesaid, in and for such road district, previously to his appointment as such Road Inspector. Sec. 4. When a compensation is given it shall be paid to the Road Inspector from the Road Fund of the district in and for which any services by him are performed. Sec. 5. Such compensation shall be a daily wage and shall not exceed the limit especially prescribed by law for that county; and shall be fixed by the Board of County Commissioners before the appointment of the Road Inspector or Inspectors who are to receive it. The compensation so fixed shall be in full for all services and expenses of all kinds of said Road Inspector or Inspectors. Sec. 6. Compensation to others than the Road Inspector shall be: Not to exceed three dollars for a days work on the public roads by one man, or not to exceed four dollars, by one man and span of two draft animals, and one dollar additional for each such additional span. The person so compensated shall, without additional charge, furnish such tools, implements, vehicle, etc. as may be necessary in his work. Sec. 7. A days work on the public roads shall consist of at least eight hours actual labor, exclusive of the time spent in going to and returning from the work, and in no case shall pay be given for more than one days time between sunrise and sunset of the same day, to or for the same person. |
Duties of Road Inspector.
Board of County Commissioners may appoint. Relative to compensation.
Paid from Road Fund.
Compensation fixed by Board of County Commissioners.
Compensation of road laborers and teams.
Days work. |
κ1897 Statutes of Nevada, Page 26 (CHAPTER 21)κ
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Elko county rate. |
pay be given for more than one days time between sunrise and sunset of the same day, to or for the same person. Sec. 8. The rate of compensation for Road Inspector for the county of Elko shall not exceed the sum of two dollars per day for each day actually, necessarily, and economically employed. |
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Who may condemn property.
Must file notice.
Describe property.
Defendants.
Repeal.
Defendants may answer. |
Chap. XXII.An Act to regulate the condemnation of property for public use.
[Approved February 27, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, corporation, civil, municipal, or political organization, by law authorized so to do, may condemn any property, or interest therein, which may be necessary for public use, in the manner only provided for by this Act. Sec. 2. The plaintiff seeking condemnation shall commence an action in the District Court of the county in which the property sought to be condemned, or some part thereof, is situated, in the same manner as other civil actions are commenced therein, and shall file with the Recorder of said county, a notice of the pending of the said action. Sec. 3. The complaint shall describe the property, or interest therein, sought to be condemned, with reasonable certainty, the use for which it is to be acquired, that the use is public and necessary, and shall contain the names of three competent and disinterested persons, residents and householders of the county, as jurors on the part of the plaintiff. Sec. 4. All persons appearing of record as having or claiming any right, title or interest, in or to the property sought to be condemned, or any part, thereof, or in possession, shall be made defendants and may all be joined as defendants in one action, whether their rights, title, interest, claims or possessions extend to the whole or a part of the property sought to be condemned. Sec. 5. All the provisions of an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869, and all Acts and parts of Acts amendatory thereof, or supplemental thereto, are made applicable to and shall control said action, except when inconsistent or in conflict with the provisions of this Act. Sec. 6. The defendants may answer jointly or separately, but the answer shall set forth clearly and concisely the nature and extent of the right, title, interest, claim and possession of each defendant in or to the property or a part thereof, sought to be condemned, and the amount which it is claimed would be a just compensation for the taking thereof. It shall also contain the names of three competent and disinterested persons, residents and householders of said county, as jurors on the part of the defendant. |
κ1897 Statutes of Nevada, Page 27 (CHAPTER 22)κ
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the part of the defendant. A failure on the part of any party to the action to so name jurors shall be a waiver of the right to select names for any of them. The averments of the answer shall be deemed controverted by the plaintiff. Sec. 7. On or before the trial of said action the Judge of said court shall name five competent and disinterested persons, residents and householders of said county to act as jurymen in said action, two of whom shall be persons named by the plaintiff in its complaint, if any are so named, and two shall be persons named by the defendants or some of them in the answer, if any are so named. If any juror named by a party and selected, is disqualified, incompetent, or unable to act, he shall be excused, and his place shall be filled by a juror selected from the names theretofore or then to be selected by the person who named the juror who was excused. Said five jurors, when so selected, shall constitute the jury to hear said cause and find the amount which shall be just compensation to the owners for the property, or interest therein, sought to be condemned; and their findings thereon shall have the same force and effect as a finding of the amount of damages by the general verdict of a jury in an action for damages for the conversion of specific personal property. All other issues shall be tried by the court. Sec. 8. Upon the trial of said action the defendant shall have the burden of proof as to what is just compensation, and shall have the right to open and close the argument before the jury. In ascertaining and assessing such compensation the jury shall take into consideration, and make allowance for, any benefit or advantage that in its opinion will accrue to such person, or persons, by reason of the use or improvement of said property as proposed by the plaintiff. A view of the property by the juror shall be had upon the motion of either party or order of the Judge. Three of said juror may find a verdict. Sec. 9. Judgment shall be entered upon the verdict, by the court, upon motion, for the amount so found, and may order the money to be apportioned amongst the defendants according to the rights of the several parties, as shown by the proofs. Costs may be awarded, or apportioned, as the court may direct. For their services the jurors shall receive three dollars per day from the plaintiff but no mileage shall be allowed to the said jurors. Sec. 10. At any time after the rendition of the verdict the plaintiff may pay to the clerk of said court the amount of the verdict and such cost as are adjudged against it, and said payment shall be deemed and taken as a payment to the owners of the said property 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. 11. Upon said payment being made and a judgment of condemnation entered in said action, the real estate, or right, title or interest therein described in the complaint, and for which compensation was awarded by said verdict shall be and become the property of said plaintiff for the purposes for which it was condemned and shall be deemed to be acquired and appropriated for such public use, |
Five jurors to try the action.
Burden of proof.
Judgment entered.
Plaintiff to pay clerk. |
κ1897 Statutes of Nevada, Page 28 (CHAPTER 22)κ
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When to become property of plaintiff.
Rights not affected.
New trial may be granted. |
and become the property of said plaintiff for the purposes for which it was condemned and shall be deemed to be acquired and appropriated for such public use, and any time after such payment is made and judgment entered the plaintiff shall have the right to enter upon and take possession of the property so condemned, and oust and eject therefrom the defendants and any and all persons claiming by or through them, or either of them, subsequent to the filing of said notice with the County Recorder; and said plaintiff may recover possession of said premises and be put into the possession thereof by legal process in the same manner and with the same force and effect as in an action for the recovery of the possession of specific real estate. Sec. 12. The payment of said sums to said clerk shall not affect the right of any party to move for a new trial or to appeal the said action, but the receipt of any part of said sum by any defendant, either in person or by attorney, shall be deemed a waiver by said defendant of the right to move for a new trial or to take an appeal in the said action, and no such payment shall be made by the clerk to any defendant who has given notice of a motion for a new trial or of an appeal, unless upon the order of the Judge of said court. Neither the pendency nor the granting of a new trial, or of an appeal, shall operate as a stay of said judgment, or execution thereon, or prevent the plaintiff from securing and maintaining possession of the property so condemned. Sec. 13. If a new trial is granted, or an appeal the judgment is modified, reversed, or affirmed, the money so paid by the plaintiff and held by the clerk shall be paid as the Court may direct, and if it is finally determined that the sum so paid and received is more or less than what was jointly due, the party entitled thereto shall have a judgment against the adverse party for such excess of deficiency. |
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Rights of owners.
Penalty for damage. |
Chap. XXIII.An Act to define the rights and responsibilities of owners of telephone lines in the State of Nevada.
[Approved March 1, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons or corporations owning telephone lines now in operation or who may hereafter construct and operate such lines in the State of Nevada, shall be entitled to all the rights and privileges and be subject to all the restrictions and responsibilities provided for in an Act entitled An Act to provide for constructing and maintaining telegraph lines in the State of Nevada, approved February 9, 1866. Sec. 2. Any person who shall willfully or maliciously damage or destroy any telephone line, or in any manner interrupt communication over any telephone line, shall be liable for damages and criminal prosecution in the same manner and to the same extent as if the same were a telegraph line. |
κ1897 Statutes of Nevada, Page 29κ
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Chap. XXIV.An Act to empower the State Board of Education to grant life diplomas to residents of Nevada who have taught ten years.
[Approved March 1, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Education shall grant a life diploma to any resident of the State of Nevada who shall present evidence of having taught successfully and continuously in the public schools of the State of Nevada for a period of ten years. Sec. 2. A life diploma granted under the first section of this Act shall be of the same grade as the certificate held by the applicant at the time of application for the diploma, and shall entitle the holder thereof to teach in any school in the State of Nevada of a grade corresponding to the grade of the certificate upon which the life diploma may be granted. |
To grant life diploma.
Relating to grade. |
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Chap. XXV.An Act licensing the sale of cigarettes and cigarette paper, and other matters relating thereto.
[Approved March 1, 1897.]
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 the quarterly license for the sale of cigarettes or cigarette paper shall be fifteen dollars. Sec. 2. Any person, firm, association or corporation engaged in dealing, in selling, giving away or offering to sell cigarettes or cigarette paper after the passage of this Act, shall take out a quarterly license provided for in section one of this Act. Sec. 3. It shall be unlawful for any person or persons, firm, association, corporation or managing agent of any person, firm, association or corporation to sell, give away or offer to sell cigarettes or cigarette paper to any person or persons under the age of twenty-one years. Sec. 4. Any person, firm, association or corporation or the managing agent of any person, firm, association or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined for each and every offense in any sum not less than one hundred dollars nor more than five hundred dollars. Sec. 5. The license provided for in this Act shall be collected and accounted for in the same manner as other licenses for State or county purposes are now collected. |
Cost of license.
Must take out license.
Limits age to twenty-one years.
Penalty. |
κ1897 Statutes of Nevada, Page 30κ
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Fixing rate of taxation. |
Chap. XXVI. An Act to amend an Act entitled An Act to provide for free public libraries and other matters relating thereto, approved March 16, 1895.
[Approved March 1, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. Whenever a petition for the establishment of a free public library, signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town or school district, shall be presented to the Board of County Commissioners of the county in which said city, unincorporated town or school district is situated, accompanied by affidavit of one or more of the signers thereof, that the signatures thereto are genuine, the said Board of County Commissioners shall levy, annually thereafter, in the manner and at the time other taxes are levied, a tax upon all the taxable property of the said city, unincorporated town or school district, of not less than ten cents nor more than fifty cents on each one hundred dollars valuation, of the taxable property therein, for the purpose of creating a fund to be known as the Library Fund. |
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Right granted.
Safety required. |
Chap. XXVII.An Act to grant the right of way and to provide electric lights within the town of Austin, Lander county, State of Nevada.
[Approved March 1, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The exclusive right is hereby granted to James F. Mitchell, George A. Land, O. A. Murdock, their associates and assigns to construct and maintain an electric plant for the purpose of supplying electric power and lights in the town of Austin, Lander county, State of Nevada, and to construct and maintain poles and wires in the streets of said town and upon the grade below town, together with all the necessary appurtenances, and to conduct electricity over said wires and appurtenances to any part of said town for the purpose of furnishing light or power. Sec. 2. The owners of said plant shall keep the same in good repair so as not to interfere with the passage of persons or vehicles or the safety of any persons or property. The said plant shall be so constructed with a view to the safety and convenience of persons and property. |
κ1897 Statutes of Nevada, Page 31 (CHAPTER 27)κ
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Sec. 3. The appurtenances of said plant shall be of the most approved construction for the comfort and convenience of the people of Austin. Sec. 4. Any person willfully obstructing, hindering or damaging said plant or any of the appurtenances shall be guilty of a misdemeanor, and shall be punished according to the laws of the State of Nevada in such cases made and provided. Sec. 5. The franchise and privilege hereby granted shall continue for the period of twenty-five years from and after the passage of this Act; provided, that the grantees herein, their associates or assigns shall commence the construction of said plant on or before the first day of January, 1898, and continue the same to completion with reasonable diligence. |
Penalty.
Time of grant. |
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Chap. XXVIII.An Act granting leave of absence to William Easton, Sheriff and ex officio Assessor of Lander county, State of Nevada.
[Approved March 1, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Leave of absence from the county of Lander and State of Nevada, is hereby granted to William Easton, Sheriff and ex officio Assessor of Lander county, for the period of two months, at any time during his present term of office; provided, the said William Easton shall leave in his place during his absence a competent deputy to perform the necessary duties and work of his office. |
Leave of absence. |
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Chap. XXIX.An Act to amend section 123 of an Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto, approved March 23, 1891.
[Approved March 2, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty-three of said Act is hereby amended so as to read as follows: Section one hundred and twenty-three. Every traveling merchant, hawker, or peddler who shall carry a pack or vend goods, wares, or merchandise of any kind, and every auctioneer, shall pay for such license the sum of ten dollars per month; and every traveling merchant, hawker, or peddler, who shall use a wagon, or one or more animals, for the purpose of vending any goods, wares, or merchandise of any kind, or wines, fermented or spirituous liquors, shall pay for such license twenty-five dollars per month; provided, that nothing in this section be so construed as to apply to the sale of fruits or (the) agricultural products of this State or the State of Utah. |
License to peddle. |
κ1897 Statutes of Nevada, Page 32 (CHAPTER 29)κ
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Sheriff to issue license. |
kind, or wines, fermented or spirituous liquors, shall pay for such license twenty-five dollars per month; provided, that nothing in this section be so construed as to apply to the sale of fruits or (the) agricultural products of this State or the State of Utah. The County Auditor shall issue to the Sheriff of the several counties the licenses contemplated in this section, which license so issued shall authorize the holders of the same to vend goods, wares, and merchandise as set forth in said license within the county wherein such licenses are obtained; and it is hereby made the duty of every Justice of the Peace, Constable, Sheriff, and all peace officers, to demand the license of any such peddler, hawker, or other person named herein, and if such person be found not to have a license, as directed by law, the person so offering any goods, wares or merchandise for sale, shall be guilty of misdemeanor, and on conviction shall be fined in any sum not less than fifty, nor more than five hundred dollars. |
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To construct a mechanical building.
To complete gymnasium. Appropriation for buildings.
Contract not to exceed. |
Chap. XXX.An Act to provide for the building, completion and equipment of a mechanical building and the completion and equipment of the gymnasium at the Nevada State University at Reno, Nevada.
[Approved March 3, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University are hereby authorized and directed to construct, complete and equip a suitable building of brick upon the State land at Reno, Nevada, to be set apart for the use of the State University, to be used as a mechanical building for the students attending or to attend said State University. Sec. 2. The Board of Regents of the State University are hereby authorized and directed to complete and equip the gymnasium at the State University at Reno, Nevada. Sec. 3. The building, completion and equipment of said buildings shall not exceed the sum of twelve thousand dollars, of which sum ten thousand dollars, and no more, shall be used for the building, completion and equipment of the mechanical building, and two thousand dollars, and no more, shall be used for the completion and equipment of the gymnasium. Sec. 4. Twelve thousand dollars are hereby appropriated for the construction, completion and equipment of said mechanical building and for the completion and equipment of said gymnasium, and in no case shall a contract be entered into for the building, completion and equipment of the mechanical building which shall exceed the sum of ten thousand dollars for the building, completion and equipment of said mechanical building, and in no case shall a contract be entered into for the completion and equipment of the gymnasium which shall exceed the sum of two thousand dollars. |
κ1897 Statutes of Nevada, Page 33 (CHAPTER 30)κ
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for the completion and equipment of the gymnasium which shall exceed the sum of two thousand dollars. Sec. 5. The money hereby appropriated shall be taken from the State School Fund, and in its place shall be deposited twelve bonds of one thousand dollars each, bearing interest at the rate of four per cent per annum. Said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor, and State Controller, countersigned by the State Treasurer, and authenticated with the great seal of the State, and shall state in substance that the State of Nevada owes its State School Fund twelve thousand dollars, the interest on which at four per cent per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually on the first days of January and July of each year on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the State University Interest and Sinking Fund hereby created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 6. There shall be levied and collected for the fiscal year commencing January 1, 1897, and annually thereafter, an ad valorem tax of one cent on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State University interest and sinking fund for the payment of interest and redemption of bonds herein authorized by this Act. |
To issue bonds.
Bonds lithographed.
Tax to be levied.
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Chap. XXXI.An Act to provide for the deficiencies incurred in the building and furnishing of dormitories, and for the construction of the annex for a mechanical building at the Nevada State University at Reno, Nevada.
[Approved March 3, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eleven thousand seven hundred and sixty-four dollars and twenty cents is hereby appropriated for the payment of following deficiencies incurred by the Regents of the State University at Reno, Nevada, in the construction and furnishing of the dormitories at said State University, authorized to be built, constructed and furnished by the Act of the Legislature of the State of Nevada entitled An Act to provide for the building and furnishing of dormitories and for the purchase of additional land at the State University at Reno, Nevada, approved February 15, 1895: For the heating, plumbing and furnishing of the building used by male students, four thousand two hundred and twenty-six dollars and forty-five cents. |
Appropriation for deficiencies.
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κ1897 Statutes of Nevada, Page 34 (CHAPTER 31)κ
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Amounts appropriated
Board of Regents to pay amounts To issue bonds.
Who to sign bonds.
Bonds to be lithographed
Tax levy. |
An Act to provide for the building and furnishing of dormitories and for the purchase of additional land at the State University at Reno, Nevada, approved February 15, 1895: For the heating, plumbing and furnishing of the building used by male students, four thousand two hundred and twenty-six dollars and forty-five cents. For completing, heating, plumbing and furnishing of the building used by the female students, five thousand seven hundred and eighty-nine dollars and seventy-five cents. For the completion of the annex to the mechanical building mentioned in the title of this Act, one thousand four hundred and ninety-eight dollars. For amount due Richard Ryland for extra work under his contract for the construction of the building used by male students by reason of changes made by the use of other stone than that contemplated in the making of the contract, two hundred and fity dollars. Sec. 2. The Board of Regents are hereby directed to pay the amounts so appropriated for the purposes named in section one of this Act. Sec. 3. The money hereby appropriated shall be taken from the State School Fund, and in its place shall be deposited twelve bonds, eleven of which shall be for a thousand dollars each, and one of which shall be for seven hundred and sixty-four dollars and twenty cents, bearing interest at the rate of four per cent per annum. Said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes its said school fund eleven thousand seven hundred and sixty-four dollars and twenty cents, the interest on which at four per cent per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed as is usual in similar cases, and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually on the first days of January and July of each year on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the State University Interest and Sinking Fund hereby created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 4. There shall be levied and collected for the fiscal year commencing January 1, 1897, and annually thereafter, an ad valorem tax of one cent on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State University Interest and Sinking Fund for the payment of interest and redemption of bonds herein authorized by this Act. |
κ1897 Statutes of Nevada, Page 35κ
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Chap. XXXII.An Act to fix the State tax levy and to distribute the same to the proper funds.
[Approved March 5, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January 1, 1897, and annually thereafter, an ad valorem tax of ninety cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes, upon all taxable property in this State, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Of the tax hereby levied, sixty-six and three-tenths cents shall go into the General Fund of the State, eight cents shall go into the Territorial Interest Fund, nine and one-half cents shall go into the State Interest and Sinking Fund, one and one-fifth cents into the State University and Sinking Fund, and five cents into the General School Fund. |
Tax levy. |
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Chap. XXXIII.An Act to provide revenue for the support of certain counties in the State of Nevada, and matters pertaining to the apportioning and disbursement thereof.
[Approved March 5, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, 1899, the Board of County Commissioners in the several counties of the State, polling at the last preceding general election more than two hundred and twenty votes and not exceeding two hundred and eighty votes, are hereby authorized and empowered to levy annually, prior to the first Monday in March, in addition to the State tax, an ad valorem tax, for all county purposes, the sum of three dollars on each one hundred dollars valuation of taxable property in the county. Sec. 2. The County Treasurer shall apportion the moneys derived from the tax levy for county purposes as follows, to wit: One-seventh to the School Fund, one-tenth to the Interest Fund, one-twelfth to the Contingent Fund, one-twelfth to the Indigent Fund, and the remainder to be equally divided between the General Fund and Officers Salary Fund. Sec. 3. All allowances heretofore made, on either the General Fund or Officers Salary Fund, and not paid, or that may hereafter be made on the General Fund, shall be paid in the order of their allowance, beginning with the lowest number. Sec. 4. Whenever any allowance on said fund is due and payable, and a warrant for the same is not called for, for a period of sixty days, the Auditor is directed to draw a warrant for the next allowance in order and so on until the fund is exhausted; but all allowances, so passed, when presented for payment are to be preferred claims on the first moneys going into the fund. |
Amount of county tax levy.
Apportionment of money derived from taxes.
To be paid as allowed.
Preferred claims. |
κ1897 Statutes of Nevada, Page 36 (CHAPTER 33)κ
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exhausted; but all allowances, so passed, when presented for payment are to be preferred claims on the first moneys going into the fund. Sec. 5. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Work for State Land Register, to itemized.
Land Register to examine statement. Duty of Board of Examiners.
To transfer amounts. |
Chap. XXXIV.An Act to provide for paying the cost of printing and stationery required in the State Land Office.
[Approved March 5, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the State Printer to keep an accurate account of the cost of all labor employed and material used in performing work for the State Land Office and to render an itemized statement of the same to the State Land Register on the first day of each and every month. Sec. 2. The State Land Register shall examine and certify to the correctness of such statement and shall transmit the same to the Clerk of the State Board of Examiners. Sec. 3. The State Board of Examiners shall treat such statement in the same manner as a claim against the State, and shall approve the same for such sum as they may find correct. Sec. 4. The State Controller and the State Treasurer are hereby authorized and directed to transfer the amounts so allowed from the State School Fund to the General Fund of the State. |
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State disclaims interest in mineral lands. |
Chap. XXXV.An Act to amend section two of an Act entitled An Act to encourage mining, approved March 3, 1887.
[Approved March 5, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above entitled Act is hereby amended, so as to read as follows: Section two. Every contract, patent or deed hereafter made by this State or the authorized agents thereof, shall contain a provision expressly reserving all mines of gold, silver, copper, lead, cinnabar and other valuable minerals that may exist in such land, and the State, for itself and its grantees, hereby disclaims any interest in mineral lands heretofore or hereafter selected by the State on account of any grant from the United States. All persons desiring titles to mines upon lands which have been selected by the State must obtain such title from the United States under the laws of Congress, notwithstanding such selection. |
κ1897 Statutes of Nevada, Page 37κ
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Chap. XXXVI.An Act to amend an Act entitled An Act fixing the salaries of the county officers of Lincoln county, and providing for the compensation of a Deputy Sheriff therein, approved February 17, 1887.
[Approved March 5, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section three. The County Clerk shall receive seven hundred and twenty dollars a year. Sec. 2. Section eight of said Act is hereby amended so as to read as follows: Section eight. The County Commissioners shall each receive two hundred dollars a year together with the sum of ten cents a mile for going to and returning from the county seat; provided, that no mileage shall be allowed or paid for a greater distance than fifty miles from the county seat. |
County Clerk salary.
Commissioners salary. |
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Chap. XXXVII.An Act to provide for the incorporation of mutual fire insurance companies and to define their powers and duties.
[Approved March 6, 1897.]
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, who shall be residents and householders in the county in which such company is formed, may associate themselves together and form an incorporated company for the purpose of mutual insurance of the property of its members against loss by fire; which property to be insured shall belong to members of the company and embrace dwelling-houses, barns accompanying out-buildings and their contents, creameries, farm implements, hay, grain, wool and other products, live stock, wagons, buggies, carriages, harness, household goods, wearing apparel, provisions, musical instruments, furniture, and libraries being upon farms as farm property, or in dwellings, or in accompanying out-buildings. Sec. 2. Such corporation shall be formed under the laws of Nevada, governing the formation of corporations and the certificate of incorporation together with its by-laws shall be filed with the State Controller. Sec. 3. The persons so associating, after having perfected such incorporation and filed their certificate of incorporation, and by-laws with the State Controller as aforesaid may open books to receive applications for membership and enter into agreements in manner hereinafter specified; but no company organized by this Act shall do any business or take any risks or make any insurance in any county other than the one in which the company is organized; |
Formation of mutual fire insurance companies.
Laws of Nevada to govern.
When to commence business. |
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Shall own real estate, when.
Articles of incorporation and by-laws.
To be examined by Attorney-General. |
organized by this Act shall do any business or take any risks or make any insurance in any county other than the one in which the company is organized; which county shall be named and set forth in the incorporation papers filed with the Secretary of State and State Controller; provided, that no insurance company organized as aforesaid shall commence business until bona fide agreements shall have been entered into for insurance with at least twenty-five individuals covering property to be insured to the amount of not less than fifty thousand dollars. Sec. 4. No company formed under this Act shall purchase or hold real estate except- First-Such as shall be necessary for its immediate accommodation in transacting business; or Second-Such as shall have been conveyed or mortgaged to the company in good faith by way of security for debts; or Third-Such as shall have been conveyed to the company in satisfaction of debts; or Fourth-Such as shall have been purchased at sale upon judgments, decrees or mortgages in favor of such company or held or owned by it; and all real estate obtained by virtue of any provision of this section, except that mentioned in the first subdivision, shall be sold or disposed of within five years after the title has been perfected in such company unless the company shall procure a certificate from the State Controller that the interest of said company will materially suffer by forced sale, in which event the sale may be postponed for such period as the said Controller shall direct in said certificate-not to exceed ten years in all. Sec. 5. In addition to the foregoing provisions it shall be the duty of the corporators or any company organized under the provisions of this Act to declare in its articles of incorporation and by-laws, the mode and manner in which the incorporate power given under and by virtue of this Act are to be exercised; the qualification of membership; the mode and manner of electing trustees or directors, who shall be residents of the county in which the company is doing business, the filling of vacancies, and may prescribe therein the liabilities of the members to be assessed toward defraying the losses and expenses of the company and the mode and manner of collecting such assessments. Sec. 6. The articles of incorporation and by-laws required to be filed by the corporation shall be examined by the Attorney-General, and if found to be in accordance with the requirements of this Act, he shall certify the same to the State Controller, and the State Controller may appoint three disinterested persons, residents of the county wherein such corporation is formed, who shall certify under oath that it has received and is in actual possession of the premiums or engagements of insurance (as the case may be), to the full extent required in this Act; provided, however, the State Controller may make such examination personally or by his deputy. When satisfied that all the provisions of this Act have been fully complied with, it shall be the duty of the State Controller to certify such facts to the officers of the corporation, which certificate, upon being filed by them in the County Clerks office, in the county in which such company is located, shall be its authority to receive additional members, issue policies and transact any and all business provided for in its articles of incorporation and by-laws. |
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troller to certify such facts to the officers of the corporation, which certificate, upon being filed by them in the County Clerks office, in the county in which such company is located, shall be its authority to receive additional members, issue policies and transact any and all business provided for in its articles of incorporation and by-laws. Sec. 7. The directors of any company organized under this Act shall have power to make such by-laws, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the government of its officers and members and the conduct of its affairs. Sec. 8. It shall be the duty of the President and Secretary of each company organized under this Act, annually on the first day of January, or within one month thereafter, to prepare under oath and deposit with the State Controller a statement of the condition of such company on the 31st day of December then next preceding, exhibiting the following facts, to-wit: First-The number of members on the last day of December of the previous year, the number of members added during the year, the number of members who have withdrawn or whose policies have been cancelled during the year, and the number of members belonging to the company. Second-The amount of property at risk December 31st of previous year, the amounts of risks added during the year, the number of risks canceled, withdrawn or terminated during the year, and the net amount at risk by the company. Third-The amount of premium or deposit notes in force, the amount of cash premiums (or assessments) actually on hand, the amount of outstanding assessments not cancelled, the nature and amount of all other resources, and the total amount of resources. Fourth-The claims for losses due and payable, the claims for losses not matured, the claims for losses resisted, the nature and amount of all other claims due or accrued, and the total amount of liabilities. Fifth-The amount of premiums or deposit notes taken during the year, the amount of cash premiums received during the year, the amount collected on assessments which were levied during the year, the amount collected during the year on assessments which were levied in previous years, the amount received from membership or policy fees or from other sources constituting an expense to the insured, the amount received from percentage on increased or decreased insurance, the income from all other sources and the total income. Sixth-The amount paid for losses during the year, stating the amount of same which was for losses for previous years, the amount of salary and fees paid the officers and directors, the amount of all other expenditures during the year and the total expenditures during the year. Sec. 9. A copy of every sworn statement and report shall in said month of January be filed in the office of the County Clerk of the county where the principal office of the company is located and another copy thereof shall be published at least twice during said month in a newspaper printed in such county. |
To make by-laws.
To make a statement annually.
Members.
Property.
Resources.
Claims for losses payable.
Premiums.
Losses paid. |
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To file statement with County Clerk.
Responsible for failure to comply with requirements
Controller to furnish blanks.
Failure to perform duties, guilty of felony. |
is located and another copy thereof shall be published at least twice during said month in a newspaper printed in such county. The officers making such sworn statement or report shall also file with the report herein required to be filed with the State Controller, an additional affidavit showing that such report and statement has been published and a copy thereof filed in the office of the County Clerk as herein provided; and if upon examination of the affairs of the company as hereinafter provided for, it shall appear to the Controller that the losses and expenses of any company incorporated under this Act have, during the year, exceeded the cash premiums and assets collected to such an extent as to imply a doubt in his mind as to the solvency of such company and its ability to pay all its losses and other debts, it shall be his duty to serve a notice upon the officers of such company, requiring them, at the expiration of sixty days from the date of such notice to discontinue issuing policies and proceed to close up its business; unless, within that time, the directors of such company shall collect assessments and pay such losses and debts. Sec. 10. If any company shall fail to comply with the requirements of the Controller in said notice or if it shall fail to make its annual report to the Controller at the time and in the manner herein prescribed therefor, or shall issue any policy or make any insurance, or if such report to the Controller shall be imperfect or contain false statements or shall be made as fraudulently to conceal the actual condition or responsibility of the company after the expiration of sixty days or in any manner fail or refuse to comply with the requirements of the Controller in said notice, the directors and officers of such company shall be jointly and severally personally responsible for any losses that may thereafter occur in said company or to any person insured therein or thereby; and the person sustaining such losses may sue for and recover the amount of such losses from such directors and officers, or from any one or more of them. Sec. 11. It shall be the duty of the Controller on or before the first day of December in each year to furnish all companies organized under this Act with blanks for the purpose of making thereon the statement herein required to be filed which blanks shall be issued by the proper officers in making said statements, which statements shall be full and in accordance with the requirements heretofore set forth, and he may from time to time make such change in the form of such statement as shall seem to him best adapted to elicit from the companies a true exhibit of their condition in respect to the several matters hereinbefore enumerated. In case the officers or directors of any company shall fail, neglect or refuse to perform the duties required of them by law within the time and in the manner prescribed for the performance of such duty, or shall knowingly make or permit any false or imperfect statement to be made in any annual or other report or statement required to be made by them, or by any of them, or by the company to the Controller, or shall do or aid, or assist in doing, anything which any such company is hereby prohibited from doing or shall in any manner violate any of the provisions of this Act, |
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anything which any such company is hereby prohibited from doing or shall in any manner violate any of the provisions of this Act, or shall aid in or consent to any violation of the provisions of this Act, then, and in every such case, every director or person so offending shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars nor less than five hundred dollars or by imprisonment in the State Prison not more than one year, or by such fine and imprisonment, in the discretion of the Court; and when such failure, neglect or refusal on the part of the officers of any company is known to the Controller it shall be his duty to notify the District Attorney of the county where such company is located whose duty it shall be to commence legal proceedings against such persons or officers to enforce the penalty hereby imposed. Sec. 12. Suits at law may be maintained by any corporation formed under this Act against any of its members for any cause relating to the business of such corporation or by any member against such corporation for claims which may have accrued, if payments are withheld more than sixty days after such claims shall have become due. It shall be lawful for any mutual insurance company, organized under this Act, to make assessments upon premium notes, agreements, or the policies issued thereon pro rata according to the amount of such agreements of policies for the payment of the losses and expenses incurred by such company and all such premium notes or assessments shall be a lien upon the property insured to the amount of such notes or assessments, costs, and interest due thereon. Sec. 13. All companies formed under this Act shall be deemed bodies corporate and politic in fact and in name and shall be subject to all the provisions of the Statute in relation to corporations as far as they are applicable. Sec. 14. Any company formed under this Act shall have power to amend the articles of incorporation at any regular annual meeting held in accordance with the provisions of their articles of incorporation, upon giving notice of their intention to do so and of the time and meeting for that purpose, such notice shall be published three successive times in some newspaper published in the county where such company is organized. Said amendments shall be submitted to the Attorney-General and his certificate of compliance with the law obtained and shall be filed in the office of the Controller and also with the County Clerk of the county in which the office of the company is located, before they shall take effect. Sec. 15. If any insurance company, organized under this Act shall not, within sixty days after the Controller shall have given the notice required by section nine, pay up and discharge all outstanding claims against said company, it shall be the duty of the Controller to file a statement with the Clerk of the District Court of the county where such company has transacted business, reciting the fact that the sixty days within which such company was required to proceed to close up its business have expired and that there are outstanding claims against such company. |
Suits maintained.
Bodies corporate.
May amend articles of incorporation.
Attorney-General to certify.
Controller to file statement. |
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State Controller to examine into affairs.
Appointment of Receiver.
Duties of Receiver. |
which such company was required to proceed to close up its business have expired and that there are outstanding claims against such company. A copy of said statement shall be published for three successive weeks in a newspaper in such county. Sec. 16. The State Controller, at any time when he deems it advisable, may in person or by Deputy visit and examine into the affairs of any mutual insurance company organized under the provisions of this Act; and it shall be the duty of the officers or agents of any such company to cause their books to be opened for inspection and otherwise to facilitate such examination so far as it may be in their power to do so, and for that purpose the Controller shall have power to examine under oath the officers and agents of any company relative to the standing and condition of said company. All necessary expenses of such examination shall be paid by the company so examined. Sec. 17. At any time after the publication required by section fifteen of this Act, the Controller may appear in Court in person or by counsel and move for the appointment of a receiver for said company; and the said company may also be heard, and upon such hearing the report of such company filed in the office of the Controller shall be conclusive evidence of the facts therein stated and of the liability of such company, unless such company shall show that they have since paid and discharged the liabilities; and if upon the hearing thereof it shall appear to such Court that the statements of the Controller are materially true, the said Court shall appoint a receiver for said company who is hereby empowered to take possession of all books and papers and personal property of said company, and shall ascertain the amount due from said company or property insured, and shall at once proceed to assess upon all the members and persons insured in said company, such sums of money as will in the aggregate be sufficient to pay all the losses and liabilities of said company, together with the services and expenses of such receiver according to and in proportion to the amount of their insurance or interest in such company; and upon payment of such assessment the said members shall be discharged of and from all former assessments made by such company. It shall be the duty of such receiver to give notice of such assessment by publishing in some newspaper published in the county where the company is located, once a week for three successive weeks a general notice stating therein the aggregate amount assessed in said company; and upon application he shall furnish to any person assessed a statement showing the amount of his assessments. In case any member or person so assessed shall neglect for thirty days after such publication to pay the amount of such assessment to said receiver, the receiver may sue for the same in any Court of competent jurisdiction for the amount so assessed with costs. If the amount realized by such receiver be insufficient to pay the losses and liabilities therein and for the services and expenses aforesaid he shall proceed to make a second assessment and such further or other assessments as may be necessary to realize a sum sufficient to pay all the losses and liabilities of such company in the same manner and with like effect as herein provided for making the first assessment and shall sue for and collect the same in the same manner. |
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such further or other assessments as may be necessary to realize a sum sufficient to pay all the losses and liabilities of such company in the same manner and with like effect as herein provided for making the first assessment and shall sue for and collect the same in the same manner. If after paying the losses and liabilities of such company and the services and expenses aforesaid, there shall remain any funds in the hands of the receiver the same shall be paid to the persons assessed in just and equal proportions to the sums contributed and paid by them. Sec. 18. Such receiver shall keep an accurate account of all moneys or other property received by him and shall pay over all money by him collected and the proceeds of all personal property pro rata upon said liabilities, after deducting therefrom for his service and expenses (if the Court after making such appointment shall deem the amount reasonable). The Court making such appointment may also require such receiver to give a bond with sufficient sureties in such penal sum as the Court shall determine, which said bond shall run to the State of Nevada and be conditioned for the faithful discharge of his duties as such receiver, and be approved by the Judge of such Court, and said Court may from time to time require such receiver to make a report and upon the acceptance of a final report showing a full and faithful performance of such trust may discharge such receiver and his bondsmen from further liability. If any receiver shall be in charge of the business of any company on the last day of December of any year, it shall be his duty, during the month of January following to make a full report to the Controller, showing the condition of affairs of such receivership on the thirty-first day of December preceding. Sec. 19. Every mutual fire insurance company organized under the provisions of this Act, shall be for the sole purpose of mutually insuring the property of the members thereof and for the purpose of paying any loss incurred by any members thereof by assessment as provided by the Constitution and by-laws of such company; and all such companies are hereby exempt from the provisions of the insurance laws of this State, governing foreign corporations and corporations not organized on the mutual plan, and nothing herein shall be so construed as to impair or in any manner interfere with any of the rights and privileges of such companies doing insurance business in this State or to relieve them of any duties and responsibilities now imposed on such companies by law. Sec. 20. All Acts and parts of Acts in so far as they conflict with the provisions of this Act are hereby repealed. |
Duties of Receiver.
Purpose of formation.
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Who shall testify.
Competent witness. |
Chap. XXXVIII.An Act to amend section 379 of an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State and repeal all other Acts in relation thereto, approved March 8th, 1869, as amended and approved February 20th, 1881.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and seventy-nine of said Act is hereby amended so as to read as follows: Section 379. No person shall be allowed to testify under the provisions of sections three hundred and seventy-six and three hundred and seventy-seven, when the other party to the transaction is dead, or when the opposite party to the action, or the person for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proven transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question by any agent who is living, and who testifies as a witness in favor of the representative of such deceased person, in such case the other party may also testify in relation to such transaction, and nothing contained in this Act shall affect the laws in relation to attestation of any instrument required to be attested; and provided further, that when husband or wife is insane and has been so declared by a commission of lunacy, or in due form of law, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease on the restoration to soundness of the insane husband or wife, unless upon the consent of both, in which case they shall be competent witnesses. |
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Notaries Public. |
Chap. XXXIX.An Act providing for the appointment of Notaries Public, fixing their terms of office and specifying the numbers to be appointed.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor is hereby authorized to appoint and commission Notaries Public in and for the several counties in this State, in the numbers which may be fixed by law. Sec. 2. For Storey county there may be twelve Notaries Public. Sec. 3. For Lander county there may be sixteen Notaries Public. |
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Sec. 4. For Nye county there may be sixteen Notaries Public. Sec. 5. For Churchill county there may be four Notaries Public. Sec. 6. For Esmeralda county there may be thirty Notaries Public. Sec. 7. For Washoe county there may be sixteen Notaries Public. Sec. 8. For Ormsby county there may be eight Notaries Public. Sec. 9. For Humboldt county there may be sixteen Notaries Public. Sec. 10. For Douglas county there may be five Notaries Public. Sec. 11. For Lyon county there may be eight Notaries Public. Sec. 12. For Eureka county there may be fifteen Notaries Public. Sec. 13. For Elko county there may be fifteen Notaries Public. Sec. 14. For White Pine county there may be ten Notaries Public. Sec. 15. For Lincoln county there may be sixteen Notaries Public. Sec. 16. For any new county hereafter created or organized there may be six Notaries Public until such time as by law another number shall be specified. Sec. 17. The term of office of a Notary Public shall be four years; provided, the Governor may at any time, for cause, revoke the commission of a Notary Public. Sec. 18. Section one of an Act entitled An Act to provide for the appointment of Notaries Public, and defining their duties, approved February 9, 1864, and all Acts and parts of Acts amendatory of said section, are hereby repealed in so far as they may conflict with the provisions of this Act. |
Appointment of Notaries Public.
New counties.
Term of office.
Repealing Act. |
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Chap. XL.An Act fixing the salary of the Curator of the State Museum.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The salary of the Curator of the State Museum is hereby fixed at fourteen hundred ($1,400) dollars per annum for the years eighteen hundred and ninety-seven (1897) and eighteen hundred and ninety-eight (1898). |
Salary of Curator of Museum. |
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Fire Insurance Fund.
Disposal of money in fund.
How paid. |
Chap. XLI.An Act to create a fund in the State Treasury of the State of Nevada to be known as the Fire Insurance Fund, and other matters pertaining thereto.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created in the State Treasury of the State of Nevada, a fund to be known as the Fire Insurance Fund, in which said fund all moneys received from insurance companies in payment of losses incurred upon buildings or other property belonging to the State, shall be placed. Sec. 2. Whenever any building or other property of the State, upon which there is any insurance, shall be injured or destroyed by fire, the insurance, if any, which shall be collected on account of such injury or destruction shall be paid into the Fire Insurance Fund created by section one of this Act, and may thereafter be paid out and expended by the Board, Commission, or officer of the State of Nevada, having control or management of the building, or other property injured or destroyed, in repairing or replacing the same, in the manner following: The Board, Commission, or officer having in charge the care and supervision of the property destroyed or injured by fire, may repair, replace or supply the same from the Fund created by section one of this Act, provided, that no greater sum shall be drawn from said fund by any Board of Commissioners, Board of Directors or Board of Regents, than the actual amount paid into the fund on the property or premises about to be repaired, replaced or supplied. Sec. 3. All claims and demands created under the provisions of this Act, shall be audited and paid as other claims against the State. |
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Responsible for and to pay deputy. |
Chap. XLII.An Act requiring the County Assessor of Eureka county to pay his own deputy.
[Approved March 6, 1896.]
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 the County Assessor of Eureka county shall pay his own deputy and be responsible for his official acts, and no claim for any pay or compensation whatever, for the services of such deputy shall be allowed by the Board of County Commissioners, or Auditor, or be paid by the County Treasurer of said county. Sec. 2. All Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed. |
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Chap. XLIII.An Act fixing the salaries of certain county officers in Eureka county, and other matters relating thereto.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, 1899, the following named officers of Eureka county, State of Nevada, shall receive in twelve equal monthly installments the following salaries, viz.: The Assessor of said county shall receive the sum of fifteen hundred dollars per annum; the District Attorney shall receive nine hundred dollars per annum, and such fees as are now allowed by law. Sec. 2. The salaries named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commissioners or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex officio services of every kind and character rendered by said officers. |
Officers salary Eureka county. |
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Chap. XLIV.An Act to provide for repairs to, and purchasing material for the State Printing Office.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three thousand five hundred dollars is hereby appropriated, out of any money in the General Fund, not otherwise appropriated, for the payment of expenses incurred for repairing the State Printing Office and for the purchase of type, paper, stock and other material for such office. Sec. 2. All claims and demands, under the provisions of this Act, shall be audited and paid in the same manner as other claims against the State. |
Appropriation for repairs and material.
Claims, how paid. |
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Chap. XLV.An Act to make provision for the payment of certain indebtedness now existing or which may hereafter accrue against Lincoln county.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall not be lawful for the Auditor of Lincoln county to draw any warrant for the payment of any certificate of indebtness now outstanding against the General Fund of said county, or which may be drawn on said fund, hereafter, |
Outstanding indebtedness, how paid. |
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Treasurer to give notice for surrender of certificates
Duties of Board of County Commissioners.
Purchase of certificates. |
may be drawn on said fund, hereafter, until said fund shall have been placed upon a cash basis, except in the manner following: provided, however, that this Act shall not apply to the payment of any certificate of indebtedness issued against said General Fund prior to the first day of April one thousand eight hundred and seventy-five, but that all such certificates shall be paid from the Redemption Fund of said county as provided in an Act of the Legislature of the State of Nevada entitled An Act to provide for the payment of the floating indebtedness of Lincoln county, Nevada, approved March 4, 1875. Sec. 2. Whenever at any time after the passage of this Act there shall be in the General Fund of said Lincoln county the sum of five hundred dollars or more, it shall be the duty of the Treasurer of said County to give twenty days notice, by publication in some newspaper of general circulation in said county, also by posting at the Court House door of said county, a notice that sealed proposals directed to him will be received for the surrender of certificates of indebtedness against the General Fund of said county, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners thereafter. Sec. 3. On the first day of such regular meeting of said Board of County Commissioners they, together with the Treasurer and County Auditor, shall attend at the office of the latter and then and there open all sealed proposals then received, and accept the lowest bid or bids for the surrender of said certificates of indebtedness as specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied by the certificate or certificates proposed to be surrendered; and provided further, that said Board shall, if it shall deem it for the best interest of said county, reject all bids, and order the Treasurer to readvertise. Said Board shall, on opening and accepting bids, apply all the funds so advertised in said General Fund to redemption of certificates so offered, if there be accepted bids sufficient to cover the amount. Sec. 4. When any bid or bids are accepted, the County Auditor and County Treasurer shall each take a description of the certificate or certificates to be redeemed, specifying the amount to be paid for each certificate so surrendered, the date, number and amount thereof, and make a record thereof in the respective offices; and thereupon the Board of County Commissioners shall, by order entered on their minutes, direct the County Auditor to purchase the certificate or certificates designated in the accepted bid or bids, and pay therefor out of said General Fund; and all certificates so redeemed shall be cancelled by the County Auditor, who shall write across the face thereof, in red ink, purchased and redeemed, adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. |
κ1897 Statutes of Nevada, Page 49 (CHAPTER 45)κ
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vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, each shall be accepted and paid pro rata on the oldest certificates thereof as nearly as possible. That shall be deemed the lowest bid which offers the largest value of certificates for the smallest sum of money. The bids and amounts of certificates being equal, each shall be accepted and paid pro rata as nearly as possible. The County Treasurer shall return all unaccepted bids, with the certificates therein contained, to the owners on demand. The County Auditor shall keep a record of all moneys paid out under the provisions of this Act, and, when and to whom paid; he shall, also, on the register of General Fund certificates kept by him, write opposite each certificate redeemed under the provisions of this Act the word purchased, when, and the amount paid therefor. Sec. 5. All certificates of indebtedness against the General Fund of said county now outstanding, except as provided in section one of this Act, and all hereafter issued, until said General Fund shall have reached a cash basis, shall be paid in the manner herein provided; and as soon as said General Fund shall have reached a cash basis this Act shall cease to operate and be obsolete. Sec. 6. All officers of said county who shall render any services, official or otherwise, under the provisions of this Act, shall do so free, of charge or fee. Sec. 7. No part of this Act, or any of the provisions therein contained, shall be construed or held in any manner to effect the compensation of any officer of Lincoln county now paid or hereafter to be paid, by salary or by fees and salary. Sec. 8. All Acts and parts of Acts in so far as they conflict with this Act are hereby repealed. Sec. 9. This Act shall be in force and effect from and after the first day of April A. D. 1897. |
Purchase of certificates.
When Act shall be obsolete. |
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Chap. XLVI.An Act ceding the jurisdiction of the State of Nevada over certain lands to be acquired by the United States for the use and benefit of the Indian School, situated in Ormsby county, Nevada.
[Approved March 6, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The jurisdiction of the State of Nevada is hereby ceded to the United States of America over the following lots, pieces and parcels of land, situate, lying and being in Douglas county, State of Nevada, and bounded and particularly described as follows, to wit: The east half of lot two (2) of the northwest quarter of Section five (5) in Township fourteen (14) north, Range twenty (20) east, Mount Diablo Base and Meridian, containing thirty-eight and sixty-six one-hundredths (38 66-100) acres. |
Jurisdiction ceded. |
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Description of lands.
Jurisdiction retained. |
Meridian, containing thirty-eight and sixty-six one-hundredths (38 66-100) acres. Said land to be used and occupied by the United States of America for the use and benefit of the Indian School now situate in Ormsby county, Nevada, and adjoining the land over which jurisdiction is hereby ceded. Sec. 2. Jurisdiction over said land is hereby retained by the State of Nevada for the purpose of the service of all criminal and civil writs and process thereon and therein. Sec. 3. This Act shall remain in full force and effect as long as the United States of America shall use and occupy said land for the uses and purposes stated herein. |
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Portrait of ex-Governor J. E. Jones.
State Board of Examiners authorized. |
Chap. XLVII.An Act to provide for the purchase of a portrait of ex-Governor John E. Jones, and to appropriate money therefor.
[Approved March 8, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, for the purchase of a framed portrait of the late Governor John E. Jones, the same to be painted in oil colors, artistically after the style and manner of the other portraits of ex-Governors now in the Governors office, and to be uniform in size therewith. Sec. 2. It shall be the duty of the State Board of Examiners, after consulting the wishes of Mrs. Elizabeth E. Jones, widow of the late Governor, John E. Jones, in the matter, to make a contract with some good artist for the best work that can be procured for a price not to exceed five hundred dollars, including frame, to be delivered at the Governors office in Carson City, and after its acceptance by said Board of Examiners, the State Controller is hereby directed to draw his warrant in favor of the person named, for the sum agreed upon, and the State Treasurer is hereby directed to pay the same.
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Incorporation of the City of Reno. |
Chap. XLVIII.An Act to incorporate the town of Reno.
[Approved March 8, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the second Monday in April, A. D. eighteen hundred and ninety-seven, and for the purposes hereinafter mentioned, the inhabitants of that portion of Washoe county, State of Nevada, embraced within the limits hereinafter set forth, shall be a body politic and corporate, by the name and style of City of Reno, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. |
κ1897 Statutes of Nevada, Page 51 (CHAPTER 48)κ
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and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said City of Reno shall include all the inhabitants, lands and tenements included in the southwest quarter of section one and the south half of section two, and all of section eleven and the west half of section twelve, and the northwest quarter of section thirteen, and the north half of section fourteen, the whole comprising an area or parallelogram one and one-half miles wide, measuring the area from east to west, and two miles in length measuring the same from north to south, all in township nineteen north, range nineteen east, Mount Diablo base and meridian, comprising the territory heretofore known as the town of Reno. Sec. 2. The City of Reno shall be divided into five wards as follows: All that portion of the territory embraced within said limits of the City of Reno and lying south of the Truckee river, shall be and hereby is established as the First Ward; provided, that all that part of Scott Island lying within the limits of the city, shall also be a part of the First Ward. All that portion lying and being situate west of Sierra street and between the Truckee river on the south and the main track of the Central Pacific Railway on the north, shall be and is hereby established as the Second Ward; provided, that the island in the Truckee river above Virginia-street iron bridge, shall be a part of and belong to said Second Ward. All that portion lying and being situate east of Sierra street and between the Truckee river and the main track of the Central Pacific Railway, shall be and hereby is established as the Third Ward. All that portion lying east of Sierra street and north of the main track of the Central Pacific Railway, shall be and hereby is established as the Fourth Ward; and that portion lying west of Sierra street and north of the main track of the Central Pacific Railway, shall be and hereby is established as the Fifth Ward. Sec. 3. The corporate powers of the city, shall be vested in a City Council to consist of five members who shall be actual residents and owners of real estate in the city and who shall be chosen by the qualified electors thereof; provided, that no two or more of said five Councilmen shall be residents of the same ward. Sec. 4. The City Council, until the first Monday in January, 1899, shall consist of the following persons, who, after duly qualifying, shall serve until the first Monday in January, 1899, and until their successors are elected and qualified, to wit: For the First Ward-Richard Ryland. For the Scond Ward-Henry Ruhe. For the Third Ward-W. H. Noyes. For the Fourth Ward-S. O. Wells. For the Fifth Ward-R. S. Osburn. The Board so constituted shall at its first meeting proceed to elect one of its number Chairman, who shall be President of the City Council. Said Council shall enter upon its duties on the first Monday in April, eighteen hundred and ninety-seven. |
Boundaries.
First Ward.
Second Ward
Third Ward.
Fourth Ward
Fifth Ward.
The City Council.
Names of City Council.
Shall elect President. |
κ1897 Statutes of Nevada, Page 52 (CHAPTER 48)κ
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Providing for election of City Council.
Vacancy.
Election law shall apply.
Office, when vacant.
City Treasurer.
City Assessor
City Attorney.
City Marshal.
Police Judge.
City Clerk. |
Sec. 5. At the general election in November, 1898, and at each general election thereafter, there shall be elected one Councilman in each ward, who shall be a resident of such ward, and an owner of real estate in the city, who shall hold office for the term of two years and until their several successors are elected and qualified. Whenever any vacancy shall occur, it shall be the duty of the remaining members, or a majority of them, to fill such vacancy by appointment of a qualified person from the proper ward, and the Councilman so appointed shall hold office, until the next general election. All officers elected under the provisions of this Act, shall enter upon the duties of their several offices on the first Monday in January succeeding their election. Sec. 6. All provisions of law which now are, or hereafter may be, in force regulating elections, as far as the same may be consistent with the provisions of this Act, shall apply to the election of Councilman. The election of any person to the office of Councilman, may be contested in the manner as provided by statute concerning general election. Sec. 7. Each Councilman chosen at any general election held under the provisions of this Act shall qualify on or before the first Monday in January succeeding his election, and any Councilman appointed to fill a vacancy shall qualify within five days after due notice of his appointment, and in the event of failure to so qualify the office shall be declared vacant and be filled as provided for in this Act. Sec. 8. The Treasurer of Washoe county shall, in addition to the duties now imposed upon him, act as the Treasurer of the city, and shall be ex officio City Treasurer and Tax Receiver. Sec. 9. The Assessor of Washoe county shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city and be ex officio City Assessor. Sec. 10. The District Attorney of Washoe county shall, in addition to the duties now imposed upon him by law, act as the attorney of the city and shall be ex officio City Attorney. Sec. 11. The Constable of Reno Township shall, in addition to the duties now imposed upon him by law, act as the Marshal of the city and shall be ex officio City Marshal. Sec. 12. The Justice of the Peace of Reno Township, Washoe county, shall, in addition to the duties now imposed upon him by law, be ex officio Police Judge of the City of Reno, and shall have the same jurisdiction and powers in said city as are given Justices of the Peace in their respective townships; provided, that the trial and proceedings in all cases, wherein any person or persons are charged with violating any ordinance or provision of an ordinance of the City of Reno of a police nature, shall be summary in character, and by the Police Judge of Reno, without a jury. Sec. 13. The County Clerk of Washoe county shall, in addition to the duties now imposed upon him by law, act as Clerk of the City Council, and shall be ex officio City Clerk. Sec. 14. The President of the City Council, shall preside at its meetings, and shall perform such other duties as the Council may prescribe. |
κ1897 Statutes of Nevada, Page 53 (CHAPTER 48)κ
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at its meetings, and shall perform such other duties as the Council may prescribe. In any case where a vacancy occurs in the office of the Councilmen who is President, the remaining members shall proceed as soon as practicable, to fill such vacancy by the appointment of a suitable person from the proper ward, and when all vacancies shall have been filled, the Councilmen shall elect one of their number, who shall be the President of the Council until the next general election. At any meeting of the Council, in the absence of the President, the other Councilmen shall designate one of their number, who shall be President pro tem. of the Council. Sec. 15. The City Council shall hold regular meetings on the second and fourth Mondays in each month, and shall continue in session from day to day until the unfinished business of each regular meeting has been disposed of. Special meetings may also be held upon a call of the President of the Council or a majority of the members thereof; provided, that no contract shall be made, obligation incurred or claim allowed at any special meeting. Sec. 16. That all laws and ordinances not inconsistent with the provisions of this Act, now in force in the town of Reno, shall be and remain in full force and effect in said City of Reno until otherwise provided, and are hereby adopted and made the laws and ordinances of the City of Reno. Sec. 17. The City Council shall have power: First-To institute and maintain any suit or suits of the city, in the proper Courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may in like manner, at their sound discretion, defend all actions against the city. Second-They shall annually levy a tax of not less than one-quarter of one per cent nor exceeding one per cent, upon the assessed value of all real or personal property in the city and made taxable by law for State and county purposes. Third-To lay out, extend and alter the streets and alleys in the city and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also to provide for the improvement and preservation of the city parks; for the construction, repair and preservation of sidewalks, bridges, drains and sewers; and for the prevention and removal of obstructions from the streets and sidewalks of the city; provided, that said Council may, in its discretion, assess the cost or a portion thereof, of improving any street or building or repairing a sidewalk, to the owner of the property in front of which said street or sidewalk, or proposed sidewalk may be, and make such costs of improvement, repair or building, a lien upon such property. Fourth-To condemn property for the use of the inhabitants of the city in the manner provided by law. Fifth-To provide for the prevention and extinguishment of fires, and to organize, regulate, establish and disband fire or hose companies in the city. Sixth-To regulate or prohibit the storage of gunpowder and other explosives or combustible materials within the city. |
Duties of President.
Time of meeting.
Laws and ordinances.
Power of City Council.
Tax levy
City improvements.
Condemn property.
Fire protection.
Explosives. |
κ1897 Statutes of Nevada, Page 54 (CHAPTER 48)κ
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Nuisances.
Board of Health.
Licenses.
Terms of licenses.
Conduct. Sale of property.
Penalties.
Ordinances, resolutions, rules, etc. |
and other explosives or combustible materials within the city. Seventh-To determine what shall be deemed nuisances and provide for the punishment, prevention and removal of the same. Eighth-To provide for safeguarding the health of the city. For this purpose they may appoint a City Board of Health and shall prescribe its powers and duties. Ninth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys and all exhibitions and amusements, and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating-houses, boarding-houses, lodging-houses, bankers, brokers, manufactories, livery stables, express companies, railroad and stage companies; to license, tax and regulate auctioneers and stock-brokers; to license and regulate all hawkers and peddlers (except those dealing in the agricultural products of this State), pawnshops, refreshment and coffee stands, booths and sheds; to license, regulate, prohibit or prescribe the location of saloons or bar-rooms, houses of ill fame, gaming houses, hurdy-gurdy houses or dance houses; to levy and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not be paid, and to prevent all other animals from running at large in said city. Tenth-To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof and the times for which and the terms upon which, the same shall be issued. Eleventh-To punish, restrain and prevent any disorderly conduct within the city. Twelfth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands belonging or inuring to the city; but no sales of property shall be made until after it shall have been appraised by three appraisers, taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value. Thirteenth-To fix the punishment for the breach of any ordinance adopted by said Council to be enforced herein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment after conviction, may be made to work, during the term of such imprisonment, on any public works of the city, and the City Marshal may use any lawful means to prevent the escape of such prisoners while at work or while going to or returning from such labor. Fourteenth-To adopt and pass all ordinances, resolutions, rules and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the treasury of the city; provided, that said Council shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. |
κ1897 Statutes of Nevada, Page 55 (CHAPTER 48)κ
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whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. Any property, real or personal for the public use of the city, may be condemned and appropriated in the manner now prescribed by law. Fifteenth-To appoint a policeman or such number of policemen as they shall from time to time determine, who shall be under the direction of the City Marshal. Sec. 18. The City Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax, as hereinbefore prescribed, upon all real and personal property situate in the city and made assessable by law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of this State shall, in every respect not inconsistent with the provisions of this Act, be deemed applicable, and so held, to the levying, assessing and collecting of the city taxes; provided, that in the matter of equalization of assessments upon property, the rights of the city shall be concluded in the manner and to the same extent as is the State and county by the action of the County Board of Equalization. And whenever or wherever practical and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing and collecting of the revenue of the city. And the City Council shall enact all such ordinances as shall be found necessary and not inconsistent with this Act and the laws of the State for the prompt, convenient and economical collection of the city revenues. Sec. 19. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this Act, or of any valid ordinances of the city, shall be paid by the officer or person collecting or receiving the same, to the City Treasurer who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate; one of which shall be given by him immediately to the City Clerk for the more perfect keeping of his accounts and for the information and guidance of the City Council; and the other shall be given to the officer or person so paying in such money. All such money shall be placed by the City Treasurer in a fund to be known as the Reno General Fund; and shall be so kept except as paid out upon proper warrants; provided, the City Council may, at their sound discretion set apart any surplus moneys in said fund, to be kept by said Treasurer in a fund which shall be known as the Reno Redemption Fund, which shall be used to pay principal and interest on any outstanding bonds or on any bonds that may be issued under the provisions of this Act; provided further, that the amount of moneys so ordered to be transferred, shall in no instance exceed one-half of the moneys in the Reno General Fund at the date of such transfer, unless an existing statute otherwise provides. |
Policemen.
Levy taxes.
Moneys to be paid City Treasurer. |
κ1897 Statutes of Nevada, Page 56 (CHAPTER 48)κ
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Fees, salaries and compensation.
Rejected claims.
Official bonds. |
one-half of the moneys in the Reno General Fund at the date of such transfer, unless an existing statute otherwise provides. Sec. 20. The fees, salaries or other compensation of the officers hereinbefore provided for, shall be regulated by regularly enacted ordinances; provided, that the Councilmen shall receive no compensation whatever for their services. All claims for fees, salaries, or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this Act, shall be presented to the City Council, who shall consider and allow or reject the same, in the order as presented to the Clerk of the Board, and the record of this action shall be entered upon their journal. Upon allowance in whole or in part, of any claim, by the majority of the Council, the City Clerk shall draw a warrant upon the City Treasurer for the amount so allowed, and shall state in the same, in general terms, the nature of the claim, and the City Treasurer shall pay the same. On paying any warrant, the City Treasurer shall write or stamp across the face thereof, in red ink redeemed with the date of such redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the Treasurer as to the amount so paid, in his official settlement with the City Council, which shall take place annually on the third Monday in December of each year. The President of the City Council or some member thereof appointed by the President, shall, once in every three months, examine the books and vouchers of the City Treasurer, concerning the state of the finances in his hands, and report the result to the Council, which shall be spread in full upon the journal. Sec. 21. The holder of any claim or demand mentioned as above, which has been rejected in whole or in part, may, within six months after such rejection, commence an action in any court of competent jurisdiction of the county of Washoe, for the amount of the claim or the portion rejected, as the case may be. The action shall be against the city, and the service of summons shall be made upon the President of the Council. In case of a final recovery of judgment by the plaintiff, the City Council shall allow the amount thereof, which shall be paid in the order of such allowance. Sec. 22. All officers of the city, as provided in this Act, except the Councilmen, shall be accountable and liable upon their official bonds as officers of the County of Washoe; but it shall nevertheless, be the duty of the Council to provide for the accountability of all officers and employes constituted by or appointed under the provisions of this Act, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of their respective duties. In case any such officer or employe shall neglect or refuse to give the required security or shall neglect or refuse to perform the duties imposed upon him by virtue of the provisions of this Act, the City Council may declare such office vacant and proceed to appoint some other person to such office or employment as the case may be. The duties of all persons appointed to office or employment, by the City Council under the provisions of this Act, shall be defined by ordinance, when necessary, and any person so appointed shall serve at the discretion of the Council. |
κ1897 Statutes of Nevada, Page 57 (CHAPTER 48)κ
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duties of all persons appointed to office or employment, by the City Council under the provisions of this Act, shall be defined by ordinance, when necessary, and any person so appointed shall serve at the discretion of the Council. Sec. 23. Real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment which includes the city taxes. Sec. 24. The City Council shall provide for a corporate seal which shall be kept by the City Clerk, who shall also keep all books and shall file and keep all papers belonging to the city, under their proper heads; attend all meetings of the City Council and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws and resolutions passed or adopted by them, which journal after approval at each meeting, shall be signed by the President of the Council and attested under the hand of the Clerk. He shall sign all warrants issued, and affix the corporate seal thereto. He shall number and countersign all licenses and likewise affix the seal thereto. All licenses shall be printed in form, showing on their face the class of license, with marginal stubs attached, and stitched together in books, each book containing an equal number of one class only. All licenses issued shall be signed by the President of the Council. The City Clerk shall be the custodian of the blank licenses, and shall deliver them from time to time, in such numbers as the Council shall direct, to the City Marshal, who shall collect the same, charging the City Marshal therewith, at their face or representative value, and giving him credit at the same rate for as many thereof only as he shall return to the City Clerk at the time of settlement of his account. The City Clerk shall also keep an accurate account of all warrants and orders drawn upon the City Treasurer, in such manner that the Council can at any time ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the City Council. Upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rate of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Council, on the journal. Sec. 25. The style of all ordinances shall be The City Council of the City of Reno, do ordain, and all proposed ordinances when first proposed at any regular meeting, shall be read aloud to the members of the Council, and then laid over until the next regular meeting, for adoption or rejection. All ordinances shall be published one week prior to going into effect. Sec. 26. All county officers acting ex officio as officers of the city, may act as city officers through their regularly appointed deputies when authorized by law to appoint such deputies. The Council may provide by ordinance for one or more deputies for the City Clerk. |
Sale of property for taxes.
Seal. Duties of City Clerk.
Ordinances.
Deputies may act. |
κ1897 Statutes of Nevada, Page 58 (CHAPTER 48)κ
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Duties of City Marshal.
Civil actions.
Vacancies.
Policemen.
City debts.
Contracts.
Water. |
Sec. 27. The City Marshal, in addition to the general duties of his office, shall execute all processes issuing from the Police Court, act with full powers as a policeman and as chief of the Police Force appointed for the city as such, and shall collect all city licenses. In his absence, the Deputy Constable shall act as City Marshal. Sec. 28. Civil actions may be brought by the city in any court of competent jurisdiction, and actions for violations of any ordinance of the city, may be brought before the Police Judge, and fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the County Jail of Washoe, which shall serve as the City Jail, at the rate not exceeding one day for every two dollars of such fine and costs; or said Police Judge may, at his discretion, adjudge and enter upon his docket an order that such offender shall work on the streets or public works, at the rate of two dollars for each day, which shall apply on such fine and costs until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgments as in cases of appeal from Justices Courts in criminal cases. Sec. 29. If any officer shall remove his office from the city or absent himself therefrom, more than thirty days without leave of the City Council, his office shall be declared vacant, and the vacancy filled by appointment as provided in this Act. Sec. 30. The City Marshal shall not be answerable upon his official bond, for the conduct of policemen appointed under the provisions of this Act, but the Council may require of such appointees such bonds as shall be by them determined upon as proper. The powers and duties of the City Marshal may be more fully defined by such ordinances as shall not be inconsistent with this Act. Sec. 31. No debt shall be created directly or indirectly against the city, beyond the amount of current revenues of the city; nor shall any contract for supplies of water, gas, electric light or any other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any period exceeding one year, except as otherwise provided in this Act. Sec. 32. No officer of the city government herein provided for, shall be interested directly or indirectly in any contract with the city, or with any of the officers thereof, in their official capacity, or in doing any work, or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer is interested, shall be void, and if audited and allowed, shall not be paid by the Treasurer. Any willful violation of the provisions of this section, shall be a ground for removal from office, and shall be deemed a misdemeanor and punished as such. Sec. 33. The City Council shall have the right and power, by ordinance, to appropriate from time to time, as much of the water from any spring or stream flowing in or into the city, or which may be near or adjacent to the city, |
κ1897 Statutes of Nevada, Page 59 (CHAPTER 48)κ
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which may be near or adjacent to the city, as it may deem necessary for the present or future use of the city and inhabitants; and any ordinance which may have already been enacted by competent authority for the town of Reno, or which the City Council may hereafter enact, appropriating the water of any such spring or stream, shall, from the date thereof, be deemed and taken to be an appropriation of such water, and said City Council may prohibit any person from using or appropriating such water without permission from the proper city authorities, provided, that this section shall not authorize said Council to appropriate any water previously appropriated by any person, nor to interfere with any vested rights then existing in such water. Sec. 34. The City Council shall have the right and authority to borrow money in a sum not to exceed one hundred and fifty thousand dollars as a direct loan to the city, or to issue bonds of the city, for that amount, payable within twenty years, at such time and place, and bearing such rate of interest, not exceeding six percent per annum, payable semi-annually or yearly, as may be deemed expedient; and they may provide that such bonds or indebtedness shall not be liable to taxation by the city, provided that the money so borrowed, or the proceeds of such bonds, shall be expended for the procuring of water and the erection of water works for the city, within or without the corporation, after due notice has been given in the manner provided by law for notice of general election in said city, which notice shall state the objects and amount of the proposed loan or issue of bonds, the rate of interest and the time and place of payment of the debt or bonds, and the electors shall vote yes or no on each proposition. If a majority of the votes cast of the duly qualified electors residing within the corporate limits of the City of Reno, as shown by the last preceding official registration, are in the affirmative, the City Council may borrow the money, or issue the proposed bonds, in such denominations or sums as they may deem proper and sell the same; but said bonds shall not be sold for less than par value, nor shall they or any debt created pursuant to the provisions of this Act, bear a greater rate of interest than six per cent per annum, payable annually or semiannually. The City Council shall provide for the payment of the interest on said bonds as the same shall become due, and for a sinking fund for the payment of the principal of said bonds within twenty years after contracting the same. The City Council shall have power to provide by ordinance, for the distribution of water to the inhabitants of the city, upon such reasonable terms as they shall deem expedient. Sec. 35. In case due authority is vested in said City Council, in manner as provided in the last foregoing section hereof, to issue bonds for the purpose named, the City Council shall proceed to publish such fact and invite written proposals with plans and specifications to construct such water system for the City of Reno, and the person or corporation offering to provide the best permanent system of water supply for the least number or amount of said bonds, shall be deemed the lowest or best bidder; provided, that the Council may reject any and all bids and re-advertise as provided by law in similar cases. |
Right to borrow money.
Proposals for bonds for water purposes. |
κ1897 Statutes of Nevada, Page 60 (CHAPTER 48)κ
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Water works outside of city limits.
Water supply.
For lighting the city.
City Hall. |
or amount of said bonds, shall be deemed the lowest or best bidder; provided, that the Council may reject any and all bids and re-advertise as provided by law in similar cases. The water supply herein referred to, shall be sufficient in volume of pure or wholesome water, to supply a population in said city of 20,000, and the water mains shall be in strength, durability and capacity accordingly; provided, that the right of way to establish such system of water works through the streets and alleys or other lands belonging to said city, be granted to any person for the purposes above named, free of charge. Any money derived from the sale of bonds herein provided for, remaining over after paying all claims incident to the construction of the aforesaid water works, shall be turned into the general fund of the city. Sec. 36. To construct or authorize the construction of water works without their limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works, and all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken for ten miles above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred. Sec. 37. To construct, purchase and maintain canals, ditches and reservoirs; and to purchase springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic or other purposes, and if necessary, to secure said sources of water supply, may purchase the land upon which said water has been appropriated or applied. Sec. 38. Whenever the City Council may deem it necessary or advisable to establish an electric light plant or gas works for lighting the streets and houses of the city, they shall submit the matter to the voters of the city, in the same manner as provided in section thirty-four of this Act for the submission of the question of city water works; and upon a majority vote of said voters, the City Council shall have authority to borrow the sum of money so voted, on bonds issued on the same conditions and payable in the same manner as those provided for in section thirty-four of this Act, and any excess of money over the actual cost of construction, shall be turned into the general fund of the city, as provided in section thirty-five of this Act. Sec. 39. Whenever the City Council may deem it necessary or advisable to erect or cause to be erected a City Hall, house for fire purposes, or any other building for city purposes, they shall submit the matter to the voters of the city, in the same manner as provided in section thirty-four of this Act for the submission of the question of city water works, and upon a majority vote of said voters, the City Council shall have authority to borrow the sum of money so voted, on bonds issued on the same conditions, and payable in the same manner as those provided in section thirty-four of this Act, and any excess of money over the actual cost of construction, shall be turned into the general fund of the city, as provided in section thirty-five of this Act. |
κ1897 Statutes of Nevada, Page 61 (CHAPTER 48)κ
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any excess of money over the actual cost of construction, shall be turned into the general fund of the city, as provided in section thirty-five of this Act. Sec. 40. The City Council may, whenever requested by one hundred property taxpayers of the city, submit to the qualified voters of the city, at any general election, the proposition of establishing a free public library; and if a majority of the votes cast shall be in favor thereof, the City Council may proceed to establish such library, making such ordinances for its equipment and regulation as may be necessary; provided, that the annual tax for the support of the same, shall not exceed two (2) mills on each dollar of assessed valuation. Sec. 41. All money now in the possession or under the control of the Treasurer of Washoe county, or which may hereafter come into his possession or under his control, belonging to the town of Reno under the provisions of that certain Act of the Legislature entitled An Act providing for the government of towns and cities of this State, approved February 26, 1881, and the Acts amendatory thereof, is hereby transferred to the Reno General Fund, and made subject to the provisions of this Act. |
Free public library.
Proviso. |
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Chap. XLIX.An Act to empower the State Board of Education to grant Life Diplomas to residents of the State of Nevada who have received the degree of Bachelor of Arts.
[Approved March 8, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Education shall grant a life diploma to any resident of this State of good moral character and who shall present satisfactory evidence of having taken a course in pedagogics and received the degree of Bachelor of Arts, from any university or college situated within the United States and of reputable standing; provided, such person shall have been an actual resident of the State of Nevada for at least five years next preceding his or her having entered the university or college in which the course in pedagogics was taken and from which the degree of Bachelor of Arts was received. |
Board of Education to grant life diplomas. |
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Chap. L.An Act to authorize the formation of corporations for the purpose of transacting business as sureties on all bonds and undertakings required by law, and to prescribe the powers and duties of such incorporations.
[Approved March 8, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any ten or more persons who are residents and householders in the State of Nevada, may, by complying with the provisions of this Act form a company under the general incorporation laws of this State for the purpose of acting as and becoming surety on any bond or undertaking required by the laws of this State. |
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κ1897 Statutes of Nevada, Page 62 (CHAPTER 50)κ
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Power to incorporate.
Submit to Attorney-General. File with Secretary of State.
Incorporators must be residents of State.
Stockholder responsible.
To file articles with County Recorder. |
householders in the State of Nevada, may, by complying with the provisions of this Act form a company under the general incorporation laws of this State for the purpose of acting as and becoming surety on any bond or undertaking required by the laws of this State. Sec. 2. All certificates of incorporation prepared under the provisions of this Act shall be submitted to the Attorney-General and if found to be in accordance with law in all respects, that officer shall certify that fact, which certificate shall be authority for the Secretary of State to receive and file such articles of incorporation in accordance with the statutes governing the formation of corporations. Sec. 3. Each and every person before becoming an officer or stockholder in any company organized under this Act shall justify before an officer authorized to administer oaths that he is a resident and freeholder or householder within this State and that he is worth double the par value of stock subscribed by him in said company, over and above all his debts and liabilities, in property situated within this State and which is not exempt from sale on execution. If at any time thereafter the assets of any such stockholder shall from any cause be reduced to such an extent as to render him unable to justify as above, it shall be his duty to surrender stock in said company in proportion to such reduction in his assets. If at any time any taxpayer in the State shall make complaint under oath to the District Attorney of the county wherein such stockholder resides, that the provisions of this section are being neglected, not complied with, or violated, by any such stockholder, it shall be the duty of such District Attorney to cause such stockholder to be examined under oath before some Justice of the Peace in his county, as to the financial condition of such stockholder, and if it shall appear that such stockholder has violated the provisions of this section he shall forfeit his stock in such corporation and in addition thereto shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than one month, nor more than six months, or by both such fine and imprisonment. Sec. 4. Every stockholder shall be personally responsible to the full amount of the par value of the stock held in the company. Sec. 5. In no case shall the total amount of liabilities incurred by any company exceed the total amount of stock actually held by the members of any incorporation organized under this Act. Sec. 6. Each company organized under this Act shall file a properly certified copy of its articles of incorporation in the office of the Recorder of each county in this State in which any bond is furnished by such company and no bond shall be accepted or approved in any county until such articles of incorporation are so filed. Sec. 7. It shall be the duty of any District Attorney in any county in this State, whenever he may become personally aware that any of the provisions of section three of this Act are being neglected, avoided or not complied with by any officer or stockholder of any surety company formed under the provisions of this Act, to personally cause any such stockholder to be examined under oath concerning the same, before some Justice of the Peace as in said section three provided, and upon the failure of any District Attorney so to do, he shall be deemed guilty of a misdemeanor in office and may be proceeded against accordingly. |
κ1897 Statutes of Nevada, Page 63 (CHAPTER 50)κ
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county in this State, whenever he may become personally aware that any of the provisions of section three of this Act are being neglected, avoided or not complied with by any officer or stockholder of any surety company formed under the provisions of this Act, to personally cause any such stockholder to be examined under oath concerning the same, before some Justice of the Peace as in said section three provided, and upon the failure of any District Attorney so to do, he shall be deemed guilty of a misdemeanor in office and may be proceeded against accordingly. |
Duty of District Attorney. |
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Chap. LI.An Act relating to the Nevada National Guard.
[Approved March 8, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Board of County Commissioners of any county in which public arms, accouterments, or military stores are now had, or shall hereafter be received for the use of any company of the Nevada National Guard, to provide a suitable and safe armory for companies of the National Guard organized within such county. The expense of procuring and maintaining such armories shall be paid out of the General Fund of the county, to be paid by the County Treasurer on presentation of the Auditors certificate that such allowance has been made by the Board of County Commissioners. The Treasurer shall require a receipt of the person presenting said certificate which shall be received by the State Treasurer as so much money, and to be allowed in the settlement by the County Treasurer with the Controller and Treasurer of the State, such expense shall not exceed fifty dollars per month for any company, except that each company regularly drilling with field pieces or machine guns and using horses therewith, may be allowed an additional sum not to exceed five dollars per month for each such piece or gun, said allowance shall be ordered and the amount thereof fixed within the limit according to the discretion of the Adjutant-General. Sec. 2. No company shall be entitled to receive public money for its support unless it shall meet for drill and instruction not less than one hour, at least twice in each month, and shall practice at rifle firing twice each month during five months in each year at such ranges and targets, number and rounds under such rules and regulations as may be prescribed by the Commander-in-Chief. Sec. 3. Any person who shall wear or use, except when on military duty, or by special permission of his commanding officer, any arm, equipments, uniform, or other article or portion thereof of military property belonging to the State, or the company of which he is a member, or any person who shall refuse or neglect to return to his commanding officer, any State military property aforesaid, |
Board of County Commissioners to provide Armory.
Armory expense.
Requirements for support.
Members responsible for equipments. |
κ1897 Statutes of Nevada, Page 64 (CHAPTER 51)κ
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Misdemeanor
Staff officers.
Repealing Act. |
military property aforesaid, within one day after being notified by the commanding officer to make said return or to place the same in his charge or any person who shall wilfully or wantonly injure or destroy any State military property aforesaid and refuse or neglect to make good such injury or loss, or who shall sell or dispose of, secrete, or remove the same, with intent to sell or dispose thereof, shall be deemed guilty of a misdemeanor, punishable by a fine or not less than ten nor more than one hundred dollars, together with costs of prosecution or by imprisonment in the County Jail for not less than five nor more than fifty days or by both such fine and imprisonment at the discretion of the Court, to be recovered on the complaint of the Adjutant-General, or other commissioned officer, by an action brought by the District or Prosecuting Attorney, in the name of the State of Nevada, before any Court of competent jurisdiction, and the money so recovered shall be paid into the State Treasury as a part of the Military Fund. Sec. 4. The commissioned staff of a Colonel of a regiment shall consist of one Adjutant, one Quartermaster, one Commissary, one Inspector of Rifle Practice; each with the rank of Captain; one Surgeon with the rank of Major, one Assistant Surgeon, and one Chaplain; each with the rank of Captain. The non-commissioned staff shall consist of a Sergeant-Major, Quartermaster Sergeant, Commissary Sergeant, Hospital Steward and Principal Musician. Sec. 5. Sections forty-eight and sixty-five of An Act relating to the National Guard and Enrolled Militia, approved March 6, 1893, and an Act amendatory of and supplementary to said above entitled Act, approved March 18, 1895, and all other Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed. |
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U. S. aid. |
Chap. LII.An Act to provide for the occupancy, improvement, and preferred right to final entry of lands subject to acceptance by the State of Nevada, under the provisions of an Act of Congress entitled An Act to make appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895; and for other purposes, approved August 18, 1894, together with all grants of land to the State of Nevada, under the provisions of said Act.
[Approved March 8, 1897.]
Whereas, Section four of said Act of congress reads as follows: Section Four. That to aid the public land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to settlers, the Secretary of the Interior, with the approval of the President, be, and hereby is, authorized and empowered, upon proper application of the State to contract and agree, from time to time, |
κ1897 Statutes of Nevada, Page 65 (CHAPTER 52)κ
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time, with each of the States in which there may be situated lands as defined by the Act entitled An Act to provide for the sale of desert land in certain States and Territories, approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed occupied and not less than twenty acres of each one hundred and sixty acres tract, cultivated by actual settlers, within ten years next after the passage of this Act, as thoroughly as is required by citizens who may enter under the said desert land law. Before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated, which shall exhibit a plan showing the mode of the contemplated irrigation on which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the course of the water to be used for irrigation and reclamation and the Secretary of the Interior may make necessary regulations for the reservation of the land applied for by the States to date from the date of the filing of the map and the plan or irrigation, but such reservation shall be of no force whatever if such map of irrigation shall, not be approved. That any State contracting under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands, or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation and settlement. As fast as any State may furnish satisfactory proof according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled; provided, that the said States shall not sell or dispose of more than one hundred and sixty acres of land to any one person, and any surplus or money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands, in such State. That to enable the Secretary of the Interior to examine any of the lands that may be selected under the provisions of this section, there is hereby appropriated out of any moneys in the Treasury, not otherwise appropriated, one thousand dollars; and Whereas, The Legislature of the State of Nevada by an Act entitled An Act to provide for the acceptance of lands granted by the United States to the State of Nevada, approved March 20, 1895, formally accepted the provisions and conditions of section four of the Act of Congress herein referred to; and |
U. S. aid. |
κ1897 Statutes of Nevada, Page 66 (CHAPTER 52)κ
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U. S. aid.
The State of Nevada to act as agent.
List or lists of land to be filed with State Land Register.
State Land Register to file duplicates. |
March 20, 1895, formally accepted the provisions and conditions of section four of the Act of Congress herein referred to; and Whereas, No provisions has been made by the State of Nevada for filing with the Secretary of the Interior the necessary and required maps showing the lands sought to be irrigated and reclaimed; and Whereas, The occupancy improvement, and preferred right of final entry to lands contemplated to be granted to the State of Nevada, would if authorized by law, increase our population, secure settlers to build homes, create taxable property and generally promote the development of our agricultural, stock-raising, mining and other interests, now wherefore-
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada will act as agent for any citizen of the United States or any person who has legally declared his intention to become such, corporation, association or syndicate who desire to obtain lands in this State, for settlement or colonization under the provisions of the aforesaid Act of Congress and will insure to any individual corporation, association or syndicate reclaiming and settling lands in accordance with and under the provisions of the said Act of Congress, a patent to the land thus reclaimed and settled free of cost as to the services of the State as such agent. Sec. 2. Such person, corporation, association, or syndicate desiring to avail themselves of the benefits of said grant, may file a list or lists of such lands desired by them in the office of the State Land Register, and such list or lists shall be treated as applications for the lands described therein and shall have the same effect of withholding the land or lands therein described from application by any other person or persons under the provisions of this Act for a period of six months from the date of such filing; provided, that during said period of six months, the said applicant or applicants, shall deposit in said Registers office, plans or diagrams in triplicate as required by said Act of Congress, showing the proposed mode of reclamation and water supply for the lands applied for by them and shall also show by the affidavits in triplicate of two disinterested citizens of this State that active work has been commenced, or has been finished, by said applicant or applicants for the reclamation of the lands listed as in this section provided. Sec. 3. Upon compliance with the provisions of section two of this Act, the State Land Register shall file in the United States Land Office duplicate copies of each of said affidavits, plans or diagrams and list or lists of the land so applied for. Sec. 4. A failure of the applicant or applicants to diligently prosecute work to reclaim the lands described in any application for a period of one month, shall be deemed a forfeiture of such application and such land shall be open for application by others upon the filing with the State Land Register satisfactory proof of such forfeiture; provided, the suspension of work during the months of December, January, February and March, shall not be deemed a forfeiture. |
κ1897 Statutes of Nevada, Page 67 (CHAPTER 52)κ
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by others upon the filing with the State Land Register satisfactory proof of such forfeiture; provided, the suspension of work during the months of December, January, February and March, shall not be deemed a forfeiture. Sec. 5. Whenever any of said lands are irrigated, reclaimed and occupied, as provided in said Act of Congress, the settler shall furnish satisfactory proof in accordance with such rules and regulations as may be prescribed by the Secretary of the Interior and State Land Register. Sec. 6. The State Land Register shall make rules and regulations and furnish necessary blanks required in carrying out the provisions of this Act. Sec. 7. The County Surveyor of the several counties of this State are the authorized agents of the State to certify to the required maps and plans and shall also examine and certify to the character of the lands proposed to be reclaimed. Their compensation while actually so employed shall not exceed ten dollars per day to be paid by the applicants. The said applicants may employ any one or more of said County Surveyors. Sec. 8. All U. S. Land Office fees and charges are to be paid by the applicant or applicants. |
Settler to furnish proof.
County Surveyor to certify. |
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Chap. LIII.An Act to provide for the preservation of fish in the waters of the State of Nevada.
[Approved March 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall not be lawful for any person or persons to take, catch or kill any river or brook trout or land-locked salmon in any of the streams, rivers or other waters within this State between the first day of October, and the first day of April of the succeeding year; provided, that the close season as to lake trout in all the lakes of this State shall commence on the first day of February and end on the first day of June in each and every year. Sec. 2. It shall not be lawful for any person or persons to have in his or their possession, or to buy or sell or offer or expose for sale any river or brook trout or land-locked salmon taken, caught or killed in any river, stream or other waters of this State between the first day of October, and the first day of April of the succeeding year, or for any person or persons to have in his or their possession or to buy or sell or offer or expose for sale, any lake trout taken, caught or killed in any lake or other waters of this State between the first day of February and the first day of June of each and every year. Sec. 3. It shall not be lawful for any person or persons in the State of Nevada, at any time, to take, catch or kill any river, lake or brook trout or land-locked salmon in any river, stream, lake or other waters within this State with any seine, net, spears or grab-hook or by means of any set line, set hooks, gill net, wier-fence, basket, trap, giant powder or any explosive compound or with or by means of any other implement or substance or in any manner, except by hook or line; provided, however, that nothing in this Act shall be construed to prohibit the taking of fish in private ponds constructed expressly for raising fish by the owner thereof. |
Close season, river trout.
Close season, lake trout.
Liabilities of carriers.
How taken. |
κ1897 Statutes of Nevada, Page 68 (CHAPTER 53)κ
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Liability of carriers.
Permit from Fish Commissioner.
Misdemeanor
Information of violation. |
net, spears or grab-hook or by means of any set line, set hooks, gill net, wier-fence, basket, trap, giant powder or any explosive compound or with or by means of any other implement or substance or in any manner, except by hook or line; provided, however, that nothing in this Act shall be construed to prohibit the taking of fish in private ponds constructed expressly for raising fish by the owner thereof. Sec. 4. It shall not be lawful for any common carrier, express company, railroad company or any other corporation or person to ship or transport or receive for shipment or transportation any river, or brook trout or land-locked salmon, taken, caught or killed in any stream, river or other waters of this State between the first day of October and the first day of April of the succeeding year, or to ship or transport, or to receive for shipment or transportation any lake trout taken, caught or killed in any lake or other waters of this State between the first day of February and the first day of June in each and every year. Sec. 5. It shall not be lawful for any person or persons to take any spawn, or ova from any variety of trout, or from any river, stream or lake or other waters in the State of Nevada, without first having obtained a written permit so to do from the Fish Commissioner of the State of Nevada. Sec. 6. Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty dollars nor exceeding one hundred dollars or by imprisonment in the County Jail not exceeding fifty days or by both such fine and imprisonment. Sec. 7. Any person giving information which leads to the conviction of any person or persons for violating any of the provisions of this Act, shall, upon the conviction of such person or persons, be entitled to receive one-half of the fine paid or collected from the person or persons upon whom such fine was imposed. Sec. 8. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Age for destruction. |
Chap. LIV.An Act authorizing the destruction of wild, unbranded horses, mares and colts over the age of twelve months, found running at large on Government range lands.
[Approved March 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any citizen of the State of Nevada is hereby authorized and it shall be lawful for him to kill any wild unbranded horse, mare or colt, over the age of twelve months found running at large on any of the Government range lands in the State of Nevada; provided, that the person desiring to kill horse, mare, or colt, under the provisions of this Act, shall first file with the County Clerk of the county in which he desires to kill horse, mare, or colt, a written application directed to the Board of County Commissioners, describing the range or ranges, upon which he intends to kill horse, mare, or colt. |
κ1897 Statutes of Nevada, Page 69 (CHAPTER 54)κ
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kill horse, mare, or colt, under the provisions of this Act, shall first file with the County Clerk of the county in which he desires to kill horse, mare, or colt, a written application directed to the Board of County Commissioners, describing the range or ranges, upon which he intends to kill horse, mare, or colt. Said application shall remain upon file, at least two weeks, before being acted upon by the Board of County Commissioners. The Board of County Commissioners shall have power to grant or refuse the application as the circumstances may warrant, and may at any time revoke the permission under any application. Sec. 2. Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than twenty dollars nor more than sixty dollars, or be confined in the County Jail for a period not exceeding thirty days or by both such fine and imprisonment. Sec. 3. This Act shall take effect and be in force on and after the first day of July, 1897. Sec. 4. All Acts and parts of Acts in so far as they may conflict with the provisions of the foregoing Act, are hereby repealed. |
Must file application.
Misdemeanor
Repealing Act. |
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Chap. LV.An Act to repeal an Act entitled An Act amendatory of and supplementary to an Act entitled an Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved February 14, 1881.
[Approved March 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That an Act entitled An Act amendatory of and supplementary to an Act entitled an Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved February 14, 1881, be and the same is hereby repealed. |
Act repealed. |
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Chap. LVI.An Act authorizing and directing the Board of County Commissioners of Elko county, State of Nevada, to issue and sell bonds for the purpose of providing means to equip and furnish the County High School in said county, and other matters properly relating thereto.
[Approved March 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Elko county, State of Nevada, is hereby authorized and directed under the provisions of this Act, to issue and sell the bonds of said county bearing interest at a rate not exceeding six (6) per cent per annum, for a sum not exceeding fifteen hundred dollars ($1,500), which bonds shall run and be payable ten years after the first day of January, 1898. |
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κ1897 Statutes of Nevada, Page 70 (CHAPTER 56)κ
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To issue bonds.
Purpose of bonds.
Denomination of bonds.
Bonds due.
Paid to County Treasurer.
Treasurer liable on official bond.
Tax levied. |
county, State of Nevada, is hereby authorized and directed under the provisions of this Act, to issue and sell the bonds of said county bearing interest at a rate not exceeding six (6) per cent per annum, for a sum not exceeding fifteen hundred dollars ($1,500), which bonds shall run and be payable ten years after the first day of January, 1898. The proceeds arising from the issuance of said bonds shall be used for the purpose of more fully completing, furnishing and equipping the County High School heretofore established and erected in said county, under the provisions of an Act entitled An Act permitting the establishment of County High Schools in the various counties of this State, and providing for the construction, maintenance and management of the same, approved March 4, 1895. Sec. 2. Said bonds shall be sold and issued at any time before the first day of January, 1898, and shall be for sums not less than five hundred dollars ($500) each, in lawful money of the United States, and shall be payable to bearer, and the interest thereon shall be payable annually and coupons for such installments of interest shall be attached to said bonds. Sec. 3. The entire principal of said bonds shall be payable on January 1, 1908. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman of said Board of County Commissioners and countersigned by the Clerk of said Board, and the said Clerk shall attach thereto the county seal. Sec. 5. The proceeds arising from the sale of said bonds shall be paid to the County Treasurer of said county, and said Treasurer is hereby required to receive and safely keep the same in a fund heretofore created and known as the Elko County Special High School Fund, under the provisions of an Act of the Legislature entitled An Act authorizing and directing the Board of County Commissioners of Elko county, State of Nevada, to issue bonds for the purpose of providing means to establish, construct and maintain a County High School in said county, approved March 13, 1895, and pay out said moneys only in the manner now required by law and for the purposes for which the same are received. Sec. 6. The said County Treasurer shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands, under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto. Sec. 7. For the purpose of providing for the payment of said bonds and the interest thereon as the same shall become due, the said Board of County Commissioners is hereby authorized and directed in the manner and at the times as are required by the provisions of the said Act entitled An Act authorizing and directing the Board of County Commissioners of Elko county, State of Nevada, to issue bonds for the purpose of providing means to establish, construct and maintain a County High School in said county, approved March 13, 1895, to levy a sufficient tax upon all the taxable property of said Elko county, according to law and the assessed valuation thereof, to pay the principal and interest of said bonds issued hereunder. |
κ1897 Statutes of Nevada, Page 71 (CHAPTER 56)κ
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thereof, to pay the principal and interest of said bonds issued hereunder. The tax so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the County Treasury and set apart as a fund, which has heretofore been created and known as the Elko County High School Bond Redemption Fund, under the provisions of the last above named Act, and the money in said fund shall be paid out by the said County Treasurer in the payment of the principal and interest of said bonds, as the same become due, upon presentation and surrender of said bonds and coupons to the said County Treasurer, at his office. The said County Treasurer shall be liable on his official bond for the safe keeping of the money which shall come into said High School Bond Redemption Fund, under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto. Sec. 8. Should the holder of said bonds or any part thereof, for any cause whatever, fail to present said bonds to said County Treasurer for payment as they become due, all interest shall thereafter immediately stop. Sec. 9. Any moneys remaining in said High School Bond Redemption Fund after the payment of said bonds and coupons issued under the provisions of this Act, shall be transferred by the said Board of County Commissioners to the County High School Fund of said county, and used and applied for the purposes of said County High School. |
Tax levy.
Interest ceases.
Surplus to be transferred.
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Chap. LVII.An Act to amend section six of an Act entitled An Act to amend sections two, three, four, five, six, seven, eight, ten, twelve, fourteen, fifteen, sixteen, eighteen and twenty-one of an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885, as amended March 5, 1887, approved March 11, 1889.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said above entitled Act is hereby amended so as to read as follows: Section six. Section seven of said above entitled Act is hereby amended so as to read as follows: Section seven. All applicants for purchase of lands not approved to the State at the time of making application shall deposit with the State Land Register the amount of fees required for selecting the same in the United States Local Land Office: Also the amount of fees required for advertising such selection-if the land so selected or any part thereof-be situated within six miles of a mineral claim or location the amount of which said advertising fee for each application is hereby limited to and fixed at two dollars. |
Fees to be deposited with State Land Register, when. |
κ1897 Statutes of Nevada, Page 72 (CHAPTER 57)κ
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amount of which said advertising fee for each application is hereby limited to and fixed at two dollars. The applicant in every instance shall also bear the actual expense of all non-mineral affidavits required by law, or the regulations of the United States General Land Office. |
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Hide Inspector.
Duty of Hide Inspector.
Compensation.
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Chap. LVIII.An Act to amend an Act entitled An Act to provide for the appointment of Inspectors of Hides, defining their duties, and mode of compensation, approved March 3, 1881.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of any District Court in this State, upon the application, in writing, of three or more property owners in any township of any county within said district, to appoint in and for such township and for such length of time as may be deemed necessary not exceeding two years, an Inspector of Hides, whose duty it shall be to examine, when requested so to do by any three taxpayers of said township, the hides of any or all cattle killed in said township, and to mark each hide inspected in such a manner as may be indicated by the District Judge, and shall, upon the request of said taxpayers as aforesaid, have the right, and it shall be his duty, to go upon the premises of any resident of such township and make search for any hides concealed, or which such Inspector or said taxpayers may have reason to believe are concealed upon said premises, and shall report, in writing, to the District Attorney of the county in which he has been appointed at such times as may be designated by the District Court making the appointment, giving the number of hides inspected, the brands or other marks upon such hides, the names of the persons in whose possession they were found, and whether the persons having them in possession had killed the cattle from which the hides were taken, or had obtained them from other persons, and the names of such persons. Sec. 2. The rate of compensation of such inspectors shall be fixed by the Court at the time the appointments are made, and shall be paid by the parties on whose petition they are appointed, or by the taxpayers upon whose request they act, as provided in section one of this Act. |
κ1897 Statutes of Nevada, Page 73κ
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Chap. LIX.An Act to amend an Act entitled An Act consolidating certain county officers in Lyon county, and regulating the compensation of the county officers in said county, approved March 16, 1891, approved February 18, 1893.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended so as to read as follows: Section three. On and after the first day of January (1899) eighteen hundred and ninety-nine. The County Clerk, as ex officio County Treasurer, shall receive an annual salary of one thousand two hundred dollars, which shall be in full compensation for all his services both as County Clerk and ex officio County Treasurer. He shall make no charge for services performed for the county; but all fees authorized by law and collected by him shall be turned into the County Treasury. He shall furnish the Board of County Commissioners, on the first Monday of each and every month, an itemized statement, under oath, of the amount of fees so collected and date of entry on the books of the Treasurers office when said fees were turned into the County Treasury. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section four. On and after the first day of January, eighteen hundred and ninety-nine, the County Recorder, as ex officio County Auditor, and also as ex officio Superintendent of Public Schools, shall receive an annual salary of one thousand two hundred dollars, which shall be in full compensation for all his services, as County Recorder, ex officio County Auditor and ex officio Superintendent of Public Schools. He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be paid into the County Treasury on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners. Sec. 3. Section five of said Act is hereby amended so as to read as follows: Section five. On and after the first day of January, eighteen hundred and ninety-nine, the Sheriff, as ex officio County Assessor, shall receive an annual salary of one thousand two hundred dollars, and shall receive for all services and duties to be performed by him as Sheriff, all fees now allowed by law, which, together with his salary as ex officio County Assessor, shall be in full compensation for all services and duties to be performed by him as both Sheriff and ex officio County Assessor. |
County Clerk.
County Recorder.
Sheriff. |
κ1897 Statutes of Nevada, Page 74 (CHAPTER 59)κ
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District Attorney.
Repealing Act. |
Sec. 4. Section eight of said Act is hereby amended so as to read as follows: Section eight. On and after the passage of this Act, the District Attorney of Lyon county, shall receive an annual salary of six hundred dollars, which shall be in full compensation for all his services as District Attorney. Sec. 5. All Acts and parts of Acts in so far as they conflict with this Act, are hereby repealed. |
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Board of County Commissioners to issue bonds.
To be signed, countersigned and seal of county attached.
Clerk to keep record.
County Commissioners to negotiate sale of bonds. |
Chap. LX.An Act to authorize the Board of County Commissioners of Lyon county to issue bonds for the purpose of providing a fund to pay the bonded indebtedness of said county.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In order to refund the indebtedness of Lyon county, for which bonds are now issued and at present outstanding under the Act approved February 9, 1887, entitled An Act to provide for the issuance of bonds by the county of Lyon, in order to provide for the payment of twenty-five thousand dollars of the bonds of said county heretofore issued and now outstanding. The Board of County Commissioners are hereby authorized and empowered to prepare and issue the bonds of said county, to the amount of not exceeding twenty thousand dollars, in the manner and form hereinafter specified, for the purpose of providing funds for the payment of the said bonded indebtedness, or so much thereof as may remain unpaid when the bonds herein provided for shall have been issued and sold. Sec. 2. The Board of County Commissioners of said county shall cause said bonds to be prepared, and they shall be signed by the Chairman of the Board and countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and coupons consecutively numbered shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number, date and amount of each, and to whom issued. Sec. 4. The Board of County Commissioners of said Lyon county are hereby authorized to negotiate the sale of said bonds, or, exchange the same for an equal number and amount of the outstanding bonds of Lyon county, either by advertising for sealed proposals for the sale of the same, or to exchange the old bonds for the new or otherwise, as they may deem proper, the proceeds from the sale of said bonds shall be applied to the payment of the bonds then outstanding, heretofore specified; provided that none of the bonds, the issuance of which is herein provided for, shall be disposed of for less than their par value, or exchanged for the outstanding bonds for a less amount than is specified in the bonds hereby authorized to be issued under the provisions of this Act, and that all sales of said bonds shall be made for gold coin of the United States of America, and with the interest thereon shall be payable in such gold coin. |
κ1897 Statutes of Nevada, Page 75 (CHAPTER 60)κ
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proper, the proceeds from the sale of said bonds shall be applied to the payment of the bonds then outstanding, heretofore specified; provided that none of the bonds, the issuance of which is herein provided for, shall be disposed of for less than their par value, or exchanged for the outstanding bonds for a less amount than is specified in the bonds hereby authorized to be issued under the provisions of this Act, and that all sales of said bonds shall be made for gold coin of the United States of America, and with the interest thereon shall be payable in such gold coin. Sec. 5. Said bonds shall be in sums of one hundred, three hundred, five hundred and one thousand dollars, bonds, and the interest on the same shall not exceed more than five and one-half (5 1/2%) per cent per annum, payable annually, namely, on the first Monday of December of each year, at the office of the County Treasurer of said Lyon county, and in no case shall any of said bonds issued by virtue of this Act run a longer period than twenty-five (25) years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Lyon county are hereby authorized and required to levy and collect annually a special tax of not exceeding fifty (50) cents upon each one hundred dollars of the assessed value of all property, real and personal, including the proceeds of mines and mining claims within the boundaries of said Lyon county, until such bonds and the interest thereon shall have been fully paid. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in a special fund to be known as the Redemption and Interest Fund of Lyon county. Sec. 7. Whenever, on the first Monday of December, nineteen hundred and two, and any year thereafter, after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Redemption and Interest Fund of five hundred dollars or upwards, the County Treasurer of said Lyon county shall proceed to advertise for not less than three weeks consecutively, in a newspaper published within the county of Lyon, and in one other newspaper published either in the State of Nevada, or the State of California, as the Board of County Commissioners may designate, a notice inviting proposals for the surrender of the bonds provided for by this Act. Such advertisement shall state the time and place for receiving such bids, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with the County Commissioners, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals, at a rate not exceeding the par value, as may redeem the greatest amount of bonds, until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be paid for by the money in said fund, |
Denominations of bonds.
Special tax levy.
Provides for payment of bonds.
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κ1897 Statutes of Nevada, Page 76 (CHAPTER 60)κ
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Bonds cancelled.
Faith pledged. |
bonds are offered for redemption than can be paid for by the money in said fund, said County Treasurer and said Board of County Commissioners shall determine by lot which of said bonds so offered shall be paid first; and provided further, that in case any bonds shall be offered at a discount, the lowest bids shall be accepted, and in case, on the day named for reception of proposals, no bids for the surrender of bonds have been filed with the County Treasurer, or there be remaining in the Redemption and Interest Fund, after redeeming all bonds offered for redemption, a sufficient amount of money to redeem additional bonds, the County Treasurer and County Commissioners shall determine by lot which of said bonds shall be redeemed, and the County Treasurer shall then give notice by publication in a newspaper, or newspapers, as hereinbefore provided in this section, that the bonds specified in said notice, if not presented for payment, shall cease to bear interest from and after twenty (20) days from the first publication of said notice. Sec. 8. Whenever the bonds and interest provided for in this Act, shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Redemption and Interest Fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay any coupons or bonds issued under the provisions of this Act, he shall cancel the same, by writing across the face thereof Paid, together with the date of such payment, signing his name thereto, and turn the same over to the County Auditor, taking his receipt thereof, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the said Auditor shall credit the said Treasurer on his books with the amounts so paid on coupons or bonds. Sec. 10. The faith of the State of Nevada, is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full. |
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Salary of jailer. |
Chap. LXI.An Act to fix the compensation to be paid the Sheriff of Storey county, for the services of a Jailer to be appointed by him.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Sheriff of Storey county shall receive as full compensation for the services of a Jailer appointed by him the sum of four dollars per day for and during the said Jailers incumbency of said office of Jailer; provided, the compensation to said Sheriff for said purpose shall not exceed the amount actually contracted by said Sheriff to be paid to his said Jailer for his services as such. |
κ1897 Statutes of Nevada, Page 77 (CHAPTER 61)κ
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actually contracted by said Sheriff to be paid to his said Jailer for his services as such. Sec. 2. The compensation herein above provided for shall be paid said sheriff on the first Monday of each and every month from and after the passage hereof for the month next preceding. Said Sheriffs bill for said compensation shall be presented to the Board of County Commissioners to be audited and passed upon in the same manner and form and subject to the same objections as are other claims against the county. Sec. 3. No other salary or compensation than that in this Act provided for shall be allowed or paid said Sheriff, or any Jailer appointed by him, for the services of a Jailer or Jailers for said county, or the jail thereof; and said compensation shall not be allowed to more than one Jailer for any one time, day or period. |
Claim for salary to be presented to Board of County Commissioners. |
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Chap. LXII.An Act to amend sections four and five of an Act entitled An Act to provide for the better preservation of the mining records of this State, and to repeal all other Acts in conflict with this Act, approved February 14, 1885.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the above entitled Act is hereby amended so as to read as follows: Section four. The County Recorders of the several counties shall receive for their services for recording each of said duplicate notices mentioned in section two of this Act, the sum of one dollar; provided, that in case the location is made outside of any organized mining district or in the absence of a mining recorder in any organized district, then the person or persons making such location shall within ninety days after making such location transmit a duplicate copy of such notice to the Recorder of the county in which the location is made and the Recorder shall record the same for a fee of one dollar. Sec. 2. Section five of the above entitled Act is hereby amended so as to read as follows: Section five. The record of any original or duplicate notice of the location of a mining claim in the office of the County Recorder, as herein provided, shall be received in evidence, and have the same force and effect in the Courts of the State, as the original mining district records. |
Fees for recording.
Duplicate notice to have force. |
κ1897 Statutes of Nevada, Page 78κ
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Officers salary.
Sheriff. Clerk.
Recorder. Treasurer, District Attorney.
Assessor.
Officers to file statements.
Fine for neglect. |
Chap. LXIII.An Act regulating the compensation of county officers in Churchill county and other matters relating thereto.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following named county officers in Churchill county shall receive the following compensations, which shall be in full for all services and all ex officio services required by law. Sec. 2. The Sheriff of Churchill county shall receive four hundred dollars per annum as the total compensation of said Sheriff; the County Clerk who shall be exofficio Clerk of the Board of County Commissioners, and also Clerk of the District Court of his county, shall receive five hundred dollars per annum; the County Recorder and exofficio County Auditor shall receive six hundred dollars per annum; the County Treasurer shall receive six hundred dollars per annum; the District Attorney and ex officio Superintendent of Public Schools shall receive four hundred dollars per annum; the Assessor shall receive four hundred dollars per annum; the Commissioners shall each receive three hundred dollars per annum, but no fees for mileage traveled shall be allowed. Sec. 3. The several officers named in this Act who are required to collect and pay into the County Treasury all their fees, percentages or compensation shall, on the first Monday in each and every month, file with the County Treasurer a full and accurate statement, under oath, of all fees and percentages or compensation of whatever nature or kind received in their several official capacities during the preceding month, and shall also file a duplicate copy thereof with the Clerk of the Board of County Commissioners, in which statement they shall set forth the causes in which and the services for which such compensations were received. And it shall be the duty of said officers to keep a book in which shall be entered the items of every kind and description of official service rendered by themselves or their deputies, and the time of rendering said services and the amount allowed by law and collected for each particular service. Said books shall be open to the inspection of the Board of County Commissioners and citizens at all times. Sec. 4. For a willful neglect or refusal to comply with any of the provisions of this Act, any officer or officers herein named shall, on conviction, be subject to a fine not exceeding one thousand dollars, and to forfeit their offices, and to imprisonment in the State Prison not exceeding one year; provided, that nothing in this section shall be held to release the officers therein named from giving official bonds as required by law, or from any civil responsibility to any and all persons in relation to the business of their said offices that may be by other laws applicable to their official duties. |
κ1897 Statutes of Nevada, Page 79 (CHAPTER 63)κ
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Sec. 5. No officer named in this Act shall perform any services until the fees prescribed by law are paid; and be it provided, if any salaried officer shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, together with costs of suit, to be recovered in any court of competent jurisdiction. Sec. 6. An Act entitled An Act consolidating certain county officers in Churchill county, approved February 18, 1895, and all Acts and parts of Acts, heretofore passed, in so far as they may conflict with, or are repugnant to the provisions of this Act, are hereby repealed. Sec. 7. This Act shall take effect and be in force on and after the first Monday in January, A. D. 1899. |
Officers liable for neglect.
Repealing Act.
To take effect. |
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Chap. LXIV.An Act for the relief of the Nevada National Guard.
[Approved March 12, 1896.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven thousand four hundred and fifty-two dollars is hereby appropriated out of the General Fund of the State treasury, not otherwise appropriated, to pay the claims of the Nevada National Guard, for the years of 1895 and 1896, as follows: Adjutant-General, for services, six hundred dollars. Adjutant-General, for mileage on official business, thirty-seven dollars. Company A, for armory rent, one thousand and fifty dollars. Company B, for armory rent, one thousand and fifty dollars. Company C, for armory rent, eleven hundred and fifty-five dollars. Company D, for armory rent, one thousand and fifty dollars. Company F, for armory rent, one thousand and fifty dollars. Battery A, for armory rent, twelve hundred and sixty dollars. Company E, for armory rent and storage of property, two hundred dollars. Sec. 2. The State Controller is hereby authorized and directed to draw warrants upon the State Treasurer, and the State Treasurer is hereby authorized to pay the same, for the amounts found to be due as above, and audited and approved by the Board of Military Auditors. |
Amount appropriated.
Items.
To draw warrants on approval. |
κ1897 Statutes of Nevada, Page 80κ
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Restriction of deficiencies.
Prohibited.
To take effect. |
Chap. LXV.An Act to restrict the creation of deficiencies in funds or appropriations set apart or made by the Legislature of the State of Nevada.
[Approved March 12, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No Board, Commission, State officer or employe of the State of Nevada, having charge of or entrusted with the expenditure or disbursement of any money set apart or appropriated by the Legislature to be paid out or expended for the benefit of the State of Nevada, shall expend or pay out, or contract to be expended or paid out, any sum of money whatever in excess of the amount so set apart or appropriated by the Legislature, so as to create a deficiency in such fund or appropriation, unless such deficiency, and the amount thereof shall have first been authorized in writing by the State Board of Examiners. Sec. 2. The State Board of Examiners is hereby prohibited from allowing, and the State Controller from drawing his warrant for any deficiency claim against the State of Nevada, not incurred or created in accordance with the provisions of section one of this Act. Sec. 3. This Act shall take effect and be in force from and after the date of its passage. |
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Districts created.
Time of election.
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Chap. LXVI.An Act to amend an Act entitled An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein and fix their salaries, approved March 18, 1891.
[Approved March 13, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. The State of Nevada is hereby divided into five Judicial Districts. The counties of Storey, Douglas, Esmeralda, Ormsby, and Lyon shall constitute the First Judicial District; the counties of Washoe and Churchill shall constitute the Second Judicial District; the counties of Nye, Lander and Eureka shall constitute the Third Judicial District; the counties of Elko, White Pine and Lincoln shall constitute the Fourth Judicial District, and the county of Humboldt shall constitute the Fifth Judicial District. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section two. There shall be elected at the general election in the year Anno Domini eighteen hundred ninety-eight one District Judge in and for each Judicial District created by section one of this Act, and their successors shall be elected at the general election every four years thereafter. |
κ1897 Statutes of Nevada, Page 81 (CHAPTER 66)κ
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District Judge in and for each Judicial District created by section one of this Act, and their successors shall be elected at the general election every four years thereafter. The election of District Judges in this State shall be by the qualified voters of their respective Judicial Districts, and no person shall be eligible to the office of District Judge in any Judicial District other than the one in which he is an actual and qualified elector. Sec. 3. Section four of said Act is hereby amended so as to read as follows: Section four. The Salary of each District Judge hereafter elected as provided for in this Act, and those appointed to fill vacancies after the first Monday in January, A. D. 1899, shall be four thousand dollars per annum except the salary of the District Judge of the Fifth Judicial District in and for Humboldt county, which salary shall be twenty-four hundred dollars per annum. Said salaries shall be paid in equal monthly installments out of the District Judges Salary Fund, hereby created in the State Treasury which fund shall be supplied in the manner following, to wit: Each county in the State shall contribute annually to said fund the following sums; Storey county, one thousand eight hundred thirty-three dollars; Ormsby county, seven hundred twenty-eight dollars; Douglas county, three hundred twenty-eight dollars; Esmeralda county, five hundred thirty-four dollars; Lyon county, five hundred ninety-two dollars; Washoe county, three thousand five hundred fifty-two dollars; Churchill county, four hundred forty-eight dollars; Humboldt county, two thousand four hundred dollars; Nye county, five hundred seventy-nine dollars; Lander county, one thousand three hundred seventy-eight dollars and fifty cents; Eureka county, two thousand and forty-two dollars and fifty cents; Elko county, two thousand eight hundred twenty-three dollars; White Pine county, seven hundred and seventy-seven dollars; Lincoln county, four hundred dollars; and it is hereby made the duty of the Board of County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their counties quota of said District Judges Salary Fund to the State Treasury at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of his annual salary on the first day of each and every month and to cause such money to be forwarded by the County Treasurers, and if necessary, in order to render certain the forwarding of such moneys in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the County Treasuries, except those belonging to the Public School Fund. No salary of any Distract Judge shall be paid in advance. Sec. 4. Section six of said Act is hereby amended so as to read as follows: Section six. The provisions of this Act for the election of five District Judges in the year Anno Domini 1898, shall take effect and be in force at such times as shall be necessary in order to accomplish that purpose, and the remainder of this Act shall take effect and be in force on and after the first Monday in January, A. |
Salaries of District Judges.
County apportionment. |
κ1897 Statutes of Nevada, Page 82 (CHAPTER 66)κ
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Take effect. |
five District Judges in the year Anno Domini 1898, shall take effect and be in force at such times as shall be necessary in order to accomplish that purpose, and the remainder of this Act shall take effect and be in force on and after the first Monday in January, A. D. 1899. |
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Governor. Private Secretary.
Rewards.
Lieutenant-Governor.
Secretary of State.
Deputy.
State Controller. Deputy.
Collection of revenue.
State Treasurer. Deputy.
Attorney-General. Surveyor-General.
Deputy. |
Chap. LXVII.An Act making appropriation for the support of the civil government of the State of Nevada for the fiscal years 1897 and 1898.
[Approved March 13, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1897 and 1898: Sec. 2. For the salary of the Governor, eight thousand dollars ($8,000). Sec. 3. For the salary of the Governors Private Secretary, twenty-four hundred dollars ($2,400). Sec. 4. For payment of rewards offered by the Governor, one thousand dollars ($1,000). Sec. 5. For per diem and mileage of President pro tem of Senate while acting as Governor, five hundred dollars ($500). Sec. 6. For salary of Secretary of State and ex officio Clerk of the Supreme Court and ex-officio State Librarian, forty-eight hundred dollars ($4,800). Sec. 7. For salary of Deputy Secretary of State, twenty-four hundred dollars ($2,400). Sec. 8. For salary of State Controller, forty-eight hundred dollars ($4,800). Sec. 9. For salary of Deputy State Controller, twenty-four hundred dollars ($2,400). Sec. 10. For enforcing collection of revenue and prosecuting delinquents, to be under the control and direction of the State Controller, two thousand dollars ($2000). Sec. 11. For salary of State Treasurer, forty-eight hundred dollars ($4,800). Sec. 12. For salary of Deputy State Treasurer, twenty-four hundred dollars ($2,400). Sec. 13. For salary of Attorney-General, four thousand dollars ($4000). Sec. 14. For salary of Surveyor-General and State Land Register, forty-eight hundred dollars ($4,800), payable out of the State School Fund. Sec. 15. For salary of Deputy Surveyor-General and State Land Register, twenty-four hundred dollars ($2400), payable out of the State School Fund. Sec. 16. For salary of Draughtsman in State Land Office, twenty-four hundred dollars ($2,400), payable out of the State School Fund. |
κ1897 Statutes of Nevada, Page 83 (CHAPTER 67)κ
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twenty-four hundred dollars ($2,400), payable out of the State School Fund. Sec. 17. For salary of Clerks in State Land Office, and for transcribing old township plats and abstract books, twelve hundred dollars ($1200), payable out of the State School Fund. Sec. 18. For the purchase of township plats furnished from the United States Surveyor-Generals Office, provided that the price per plat shall not exceed six dollars ($6), five hundred dollars ($500), payable out of the State School Fund. Sec. 19. For the purchase of omnibus for vault and preparing draughtsmans room in Surveyor-Generals Office, to receive part of office records, three hundred and fifty dollars ($350). Sec. 20. For payment of attorney at Washington, D. C., to attend and represent the land interests of the State before the Departments, fifteen hundred dollar ($1500), payable out of the State School Fund. Sec. 21. For salary of the State Superintendent of Public Instruction, two thousand dollars ($2,000), payable out of the General School Fund. Sec. 22. For salary of State Superintendent of Public Instruction as ex officio Curator of State Museum, twenty-eight hundred dollars ($2,800), payable out of the General Fund. Sec. 23. For traveling expenses of the State Superintendent of Public Instruction, six hundred dollars ($600), payable out of the General School Fund. Sec. 24. For expenses of Teachers Institute, for 1897 and 1898, two hundred dollars ($200), payable out of the General School Fund. Sec. 25. For the salaries of Justices of the Supreme Court, twenty-seven thousand dollars ($27,000). Sec. 26. For pay of Bailiff of Supreme Court, four hundred dollars ($400). Sec. 27. For salary of Superintendent of State Printing, four thousand dollars ($4,000). Sec. 28. For the support of the State Printing Office, twelve thousand dollars ($12,000). Sec. 29. For printing and binding Nevada Reports, four thousand five hundred dollars ($4,500). Sec. 30. For official advertising and bookbinding, three thousand dollars ($3,000). Sec. 31. For transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners for the care of the Indigent Insane, seventy-one thousand five hundred dollars ($71,500). Sec. 32. For engine boiler and other machinery for Hospital for Mental Diseases, three thousand five hundred dollars ($3,500). Sec. 33. For the support of the State Orphans Home, to be expended under the directions of the Board of Directors, twenty-seven thousand dollars ($27,000). Sec. 34. For salary of one Teacher and one Assistant Teacher at the State Orphans Home, twenty-four hundred dollars ($2,400), payable out of the General School Fund. |
Draughtsman Land Office. Pay of clerks Land Office. Townsnip plats.
Furniture and repairs.
Attorney at Washington.
Superintendent of Public Instruction.
Public schools.
Teachers Institute.
Supreme Court.
Bailiff. State Printer.
State Printing.
Nevada Reports.
Bookbinding and advertising. Insane Asylum.
New machinery.
State Orphans Home.
Teachers. |
κ1897 Statutes of Nevada, Page 84 (CHAPTER 67)κ
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Furniture and repairs.
State Prison.
New machinery. Deaf, dumb and blind.
District Judges.
State buildings.
Lights, fuel, stationery.
Contingent expenses.
Election expenses.
Capitol grounds.
Furniture and repairs.
Fish Commissioner.
Weather Service.
State University.
University book fund.
Legislative halls. |
dollars ($2,400), payable out of the General School Fund. Sec. 35. For the purchase and placing kitchen range, painting and repairs, and erection of boys building at the State Orphans Home, four thousand dollars ($4,000). Sec. 36. For the support of the Nevada State Prison, fifty-eight thousand dollars ($58,000). Sec. 37. For new machinery for State Prison, fifteen hundred dollars ($1500). Sec. 38. For the education of the deaf, dumb, and the blind, and their transportation to and from the Institution, to be expended under the direction of the State Board of Education, four thousand dollars ($4,000), payable out of the General School Fund. Sec. 39. For traveling expenses of the District Judges, twenty-five hundred dollars ($2500). Sec. 40. For salaries of janitor, gardeners and night watchman for the State Capitol Building and grounds, also Printing Office Building and grounds, six thousand dollars ($6,000). Sec. 41. For stationery, fuel, and lights for State offices and the State Capitol Building and grounds, four thousand dollars ($4,000). Sec. 42. For current expenses, telegraph, postal and contingent, for the State officers, Supreme Court, and State Library, and for the transportation of State property, three thousand six hundred dollars ($3,600), which said sum includes the sum of three hundred dollars ($300) for necessary typewriting for the office of Attorney-General as directed by him. Sec. 43. For election expenses, purchase of paper, boxing, freights, etc., four hundred dollars ($400). Sec. 44. For maintaining Capitol grounds and water works, twenty-five hundred dollars ($2,500). Sec. 45. For furniture, painting and repairs of the Capitol and Printing Office Buildings, fifteen hundred dollars ($1,500). Sec. 46. For the necessary expenses of the Fish Commissioner in closing up the business of that office, two thousand dollars ($2,000), seven hundred dollars ($700) for Elko hatchery, and thirteen hundred dollars ($1300) for Carson hatchery. Sec. 47. For salary of Director of the State Weather Service, six hundred dollars ($600). Sec. 48. For the support of the State University and Laboratory, thirty-two thousand five hundred dollars ($32,500), payable out of the Contingent University Fund, and the Interest Account Ninety-Thousand Acre Grant, sixteen thousand two hundred and fifty dollars ($16,250) from each. Sec. 49. For the creation of an irreducible book fund for the State University, being the capital necessary for the purchase of books which are sold to the students at cost. This irreducible book fund cannot be impaired, and must be fully accounted for to the State at the next meeting of the Legislature, one thousand dollars ($1,000). Sec. 50. For the furnishing of lights and fuel, and repairing Legislative halls and furniture for the Nineteenth Session of the State Legislature, two hundred and fifty dollars ($250). |
κ1897 Statutes of Nevada, Page 85 (CHAPTER 67)κ
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of the State Legislature, two hundred and fifty dollars ($250). Sec. 51. For pay of salary of Clerk in State Library, to be expended under the direction of the Secretary of State, fourteen hundred forty dollars ($1440). Sec. 52. For insurance on Capitol Building, State Library, Public Records and Furniture, two thousand dollar ($2,000). Sec. 53. For armory rent for State Militia for the years 1897 and 1898, seven thousand five hundred and sixty ($7,560), to be expended under the direction of the State Board of Military Auditors. Sec. 54. For cleaning and transportation of arms, postage, expressage, telegraphing, traveling expenses and contingent expenses of the State Militia and Adjutant-General two hundred dollars ($200). Sec. 55. For payment of deficiency in State Agricultural Society for the years 1895 and 1896, five hundred dollars ($500). Sec. 56. For salary of Secretary of State and ex officio Clerk of the Supreme Court as ex officio Reporter of Supreme Court Decisions, one thousand two hundred dollars ($1,200). Sec. 57. For the indexing and preparation of Nevada Reports for publication, seven hundred dollars ($700). |
Clerk State Library.
Insurance.
State militia.
Expenses.
Agricultural Society.
Reporting Supreme Court decisions.
Nevada Reports. |
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Chap. LXVIII.An Act relating to the duties, salaries and compensation of county and township officers in Storey county, Nevada.
[Approved March 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Monday in January, A. D. eighteen hundred and ninety-nine, the following named officers within Storey county shall receive in full payment for all services rendered by them, the following salaries: The Sheriff, for services as Sheriff and ex officio Assessor, shall receive the sum of two thousand dollars a year. The Sheriff may appoint one Deputy Sheriff, who shall be Jailer and whose salary shall be fourteen hundred and forty dollars a year. The County Clerk and ex officio County Treasurer shall receive the sum of eighteen hundred dollars a year. The County Clerk and ex officio County Treasurer may appoint one Deputy for forty days in each year whose salary shall be four dollars a day for each days actual service. The County Recorder, for services as County Recorder and ex officio County Auditor, shall receive the sum of fifteen hundred dollars a year. The District Attorney, for services as District Attorney and ex officio County Superintendent of Schools, shall receive the sum of fifteen hundred dollars a year. The County Commissioners shall each receive the sum of three hundred and sixty dollars a year for performing the duties imposed by law, provided, |
Storey county officers, duties and salaries. |
κ1897 Statutes of Nevada, Page 86 (CHAPTER 68)κ
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provided, that any County Commissioner elected prior to the passage of this Act and whose term of office extends beyond the first Monday of January, A. D. eighteen hundred and ninety-nine, shall receive the salary allowed by law when elected. The Justice of the Peace of Virginia Township shall receive the sum of nine hundred dollars a year and such fees in civil cases only as are now provided by law; provided, such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases. The Constable of Virginia Township shall receive such fees as are allowed by law. |
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State loan. |
Chap. LXIX.An Act to amend an Act, entitled An Act to amend an Act entitled an Act authorizing a State loan, approved March 6, 1893, approved March 16, 1895.
[Approved March 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. From and after the passage of this Act, for the purpose of keeping the State on a cash basis without resorting to an onerous rate of taxation, the sum of fifty-three thousand dollars is hereby authorized to be borrowed, for the use and benefit of the General Fund of the State, from the State School Fund, at such times, and in such amounts, as may be necessary to meet the requirements of the State Government, and the sum of twenty thousand dollars is hereby authorized to be borrowed, for the purpose of providing funds for the support and maintenance of the State University, without resorting to an onerous rate of taxation, from the State University Fund and the University Fund Ninety-Thousand Acre Grant, for the use and benefit of the Contingent University Fund and Interest Account Ninety-Thousand Acre Grant, at such times and in such amounts as may be necessary to meet the requirements of the State University. |
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Superintendent of Public Instruction. |
Chap. LXX.An Act fixing the salary of the Superintendent of Public Instruction.
[Approved March 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Tuesday after the first Monday in January, eighteen hudred and ninety-nine, the salary of the Superintendent of Public Instruction shall be two thousand dollars ($2,000) per annum, payable out of the General School Fund; and he shall receive no additional compensation for any ex officio duties that are now, or may hereafter be required of him by law. |
κ1897 Statutes of Nevada, Page 87 (CHAPTER 70)κ
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eral School Fund; and he shall receive no additional compensation for any ex officio duties that are now, or may hereafter be required of him by law. |
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Chap. LXXI.An Act for the relief of A. T. Kramer.
[Approved March 15, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred and fifty dollars is hereby appropriated out of any moneys in the General Fund of the State of Nevada not otherwise appropriated, for the relief of A. T. Kramer, who is suffering from a total loss of his eyesight superinduced by labor rendered to the State of Nevada in the year 1885. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the said A. T. Kramer, for the sum of two hundred and fifty dollars and the State Treasurer is hereby directed to pay the same. |
Relief of A. T. Kramer.
State Controller to draw warrant. |
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Chap. LXXII.An Act to provide for lighting the State Capitol Building and Grounds and other State property.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing lights for the State Capitol building and grounds, for the State Printing Office and for the Orphans Home, the Board of Capitol Commissioners is hereby authorized to purchase and erect a gas machine, if upon investigation they deem it advisable. Sec. 2. The sum of fifteen hundred dollars is hereby appropriated out of any money in the General Fund not otherwise appropriated for the purpose of this Act. |
Lights for State institutions.
Amounts appropriated. |
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Chap. LXXIII.An Act to amend section one of an Act entitled An Act to amend section twenty-one of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869; approved March 13, 1895.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act approved March 13, 1895, is hereby amended so as to read as follows: |
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κ1897 Statutes of Nevada, Page 88 (CHAPTER 73)κ
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Relating to civil cases. |
Section one. Section twenty-one of said Act is hereby amended so as to read as follows: Section twenty-one. If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering expire demand in writing that the trial be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by order of the Court, as is provided in this section. The Court may, on motion, change the place of trial in the following cases: First-When the county designated in the complaint is not the proper county. Second-When there is reason to believe that an impartial trial cannot be had therein. Third-When the convenience of witnesses and the ends of justice would be promoted by the change. Fourth-When from any cause the Judge is disqualified from acting in the action. When the place of trial is changed, all other proceedings shall be had in the county to which the place of trial is changed; unless otherwise provided by consent of the parties in writing duly filed, or by order of the Court, and the papers shall be filed, or transferred, accordingly. |
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Denomination of bonds.
How signed and countersigned. |
Chap. LXXIV.An Act to authorize the exchange of new court house bonds for the bonds now outstanding and unpaid by Nye county and to provide for the payment of the same.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In order to provide for the payment of the outstanding bonds of Nye county, known as the Court House Bonds issued by the County Commissioners in the year eighteen hundred and eighty-one, the Board of County Commissioners of said county are hereby authorized and directed to cause to be prepared suitable bonds equal to the amount of said outstanding bonds; said bonds shall be of the denomination of five hundred ($500) dollars, and each and every bond shall purport, in substance, that the County of Nye, State of Nevada, owes the holder thereof, the sum expressed therein bearing interest at the rate of eight per cent per annum from the first day of January, eighteen hundred and ninety-seven, to any period of time within sixteen years from the first day of January, eighteen hundred and ninety-seven; said bonds and interest shall be made payable in lawful money of the United States, and shall be signed by the Chairman of the Board of County Commissioners of said county, countersigned by the County Auditor, endorsed by the County Treasurer, and shall have the seal of the county annexed thereto. Sec. 2. Coupons for the interest shall be annexed to each bond; |
κ1897 Statutes of Nevada, Page 89 (CHAPTER 74)κ
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bond; said coupons shall be numbered consecutively and shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer; said coupons shall be made payable at the office of the County Treasurer, commencing for the first year on the first Monday of January, eighteen hundred and ninety-eight, and annually thereafter until the whole amount of said coupons and bonds are paid. Upon payment of any of said coupons the County Treasurer shall cancel and deliver the same to the County Auditor to be by him filed in his office. Sec. 3. It shall be the duty of the Clerk of the Board of County Commissioners of Nye county, to keep a record of all such bonds as may be issued under the provisions of this Act, showing the number, date, amount and to whom issued. Sec. 4. The Board of County Commissioners of the county of Nye, are hereby authorized to exchange said bonds, dollar for dollar, for the bonds now outstanding, on the surrender of the same by the holders thereof; the lowest numbers of the new bonds to be exchanged for the lowest numbers of the outstanding bonds, and thus on until the highest number is redeemed by the highest number of the new bonds. Sec. 5. After the exchange of the bonds herein provided for, it shall be the duty of the County Treasurer to set apart a fund for the purpose of paying the principal and interest of said bonds, as the same may become due, which fund shall be known as the Interest Fund, to create which, there shall be levied and collected in addition to the ordinary taxes for county purposes for the fiscal year, beginning January first, eighteen hundred and ninety-seven, and annually thereafter until the bonds issued under the provisions of this Act shall have been fully paid, both principal and interest, a special tax of thirty cents on each one hundred dollars of taxable property, including the tax on the net proceeds of the mines; said tax to be levied and collected at the same time and in the same manner as other revenues of said county. The funds derived from this tax shall be applied to the payment of interest accruing upon said bonds as herein provided; provided, that should a surplus remain in said Interest Fund after the payment of the annual interest, it shall be applied to the payment of the principal, as herein provided for. Sec. 6. If on the first Monday in January, eighteen hundred and ninety-eight, or whenever on the first Monday in January, annually thereafter, until the bonds issued under the provisions of this Act shall have been paid, there shall remain in said Interest Fund a surplus of five hundred dollars or more, after the payment of the annual interest, as in this Act provided, the County Treasurer of said county shall advertise in a newspaper published in Nye county, for the space of four weeks, for the surrender of so many of said bonds as the surplus amount of money in said Interest Fund will pay in their regular order as numbered, commencing with number one, and continuing the payments in that order, according to their number; |
Coupons for interest, when and where payable.
Record of bonds.
Board of Examiners to exchange said bonds.
Board of Examiners to levy tax to pay interest on bonds.
Treasurer to advertise. |
κ1897 Statutes of Nevada, Page 90 (CHAPTER 74)κ
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Expenses incurred.
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and continuing the payments in that order, according to their number; and in the event that the holder or holders of the said bond or bonds, in order of payments, as above provided, shall fail to present his or their bonds for payment at the time and place mentioned in said advertisement, then the said bond or bonds so advertised, shall cease to bear interest from the time named in the advertisement for the payment of the same; provided, said Treasurer shall reserve in said Interest Fund an amount sufficient to pay the principal of the bond or bonds so advertised when presented for payment. Sec. 7. All necessary expenses incurred by the Board of County Commissioners of said county, in carrying out and executing the provisions of this Act, shall be paid out of the Contingent Fund of said county. |
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Board of Examiners, duties and powers of. |
Chap. LXXV.An Act to amend section three of an Act entitled An Act to create a Board of County Commissioners in the several counties of this State and to define their duties and powers, approved March 8, 1865.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said above entitled Act is hereby amended so as to read as follows: Section three. The meetings of the Board of County Commissioners shall be held at the county seats of their respective counties on the first Mondays of January, April, July and October of each year, and shall continue from time to time until all the business before them is disposed of; provided, that in all counties containing a voting population of five hundred and thirty-five but less than five hundred and seventy-five to be determined by the vote cast therein for Representative in Congress at the general election in the year 1896, special meetings may be held at the county seat for the transaction of business pertaining to the county whenever such meeting shall be authorized by the Board by resolution duly adopted and entered upon its minutes at a regular meeting, the members attending such special meeting or meetings shall be entitled to the same mileage as is now provided by law to be paid them for attendance at regular meetings. The Board shall also meet on the tenth day after each general election to canvass election returns. |
κ1897 Statutes of Nevada, Page 91κ
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Chap. LXXVI.An Act supplemental to an Act entitled An Act relating to the State University and matters properly connected therewith, approved February 7, 1887, approved March 16, 1895.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section four. Sample assays for gold or silver shall be made, and when the value per ton exceeds five dollars in gold, the returns shall state the fact thus, Test for gold. And when the value per ton exceeds five dollars in silver the returns shall state the fact thus, Test for silver. |
Sample assays. |
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Chap. LXXVII.An Act to amend an Act entitled An Act to restore lost records, approved February 16, 1881.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section one of said Act is hereby amended so as to read as follows: Section one. In all cases where the records of any judgments, which said judgments have not expired by limitation, or other records of any court of either general or limited jurisdiction in this State, and all records of proceedings taken by, or in behalf of any alien to become a citizen of the United States in this State, have been lost or destroyed, the same may be restored and replaced, and become the records of said court, in the manner prescribed in this Act. Sec. 2. Section two of said Act is hereby amended so as to read as follows: Section two. When any record of any Court in this State has been lost, destroyed, or defaced, so that its contents cannot be distinguished, the same may be restored by any party interested, by making and filing an affidavit in said Court whose records it is proposed to restore, and that said affidavit shall set forth the nature of the action, demand or claim upon which said lost, destroyed or defaced records was obtained, about the date of the entry of its loss or destruction as near as may be, and when the record sought to be restored is that of a judgment, the affidavit shall set forth the amount and character of the judgment as nearly as can be ascertained, and in all cases the affidavit shall set forth that the restoration of said record or records is necessary to secure the legal rights of the affiant, or of some other person, for whose benefit the record or records is sought to be restored. |
Records.
Records restored. |
κ1897 Statutes of Nevada, Page 92 (CHAPTER 77)κ
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Court to issue a citation. |
Sec. 3. Section three of said Act is hereby amended so as to read as follows: Section three. Upon making and filing of the said affidavits, the Court or the Judge thereof, shall thereupon issue a citation to all parties interested, notifying them to appear and show cause, why the record referred to in said case should not be restored; and that in said notice or citation shall be set forth, that the motion to restore said lost record is based upon affidavit on file in said Court, and if the hearing of said case is before the District Court, ten days notice shall be given to all parties interested, and if before a Justice Court not less than five nor more than ten days notice shall be required, provided, that in all cases of citizenship or naturalization no citation is required to issue. |
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Amount appropriated.
State Controller to draw warrant. |
Chap. LXXVIII.An Act to reimburse the State Agricultural Society for loss sustained by fire.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twelve hundred and thirty-three dollars and fifty cents is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to be paid to the State Agricultural Society for losses sustained by fire during the year eighteen hundred and ninety-five. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the State Agricultural Society for the sum of twelve hundred and thirty-three dollars and fifty cents and the State Treasurer is hereby directed to pay the same. |
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Relating to advertising |
Chap. LXXIX.An Act fixing the rates for official advertising by the State of Nevada and the several counties of the State.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All advertising ordered or required by the State of Nevada, or by the respective counties of the State shall be paid for by the State or the county ordering or requiring the same at the rate of two dollars per square of ten lines nonpariel measurement for the first insertion and one dollar per square for each subsequent insertion; an insertion be held to be one publication per week whether the newspaper in which such advertising is ordered to be done be published daily or weekly; provided, that nothing herein contained shall prohibit Boards of County Commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when in their judgment a saving of public funds will be effected thereby. |
κ1897 Statutes of Nevada, Page 93 (CHAPTER 79)κ
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hibit Boards of County Commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when in their judgment a saving of public funds will be effected thereby. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. Sec. 3. This Act shall take effect and be in force from and after the date of its passage. |
To take effect.
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Chap. LXXX.An Act to authorize the Trustees of School District No. 9 in the town of Yerington, Lyon county, Nevada, to issue bonds for school purposes.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number Nine in the town of Yerington, Lyon county, Nevada, are hereby authorized to issue bonds for an amount not to exceed fifteen hundred dollars in United States gold coin, none of which shall run for a period longer than seven years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each, in gold coin, shall bear interest at a rate not exceeding six per cent per annum, payable annually; they shall be payable to bearer, and coupons for each installment of interest shall be attached to each bond. Sec. 3. The said Board of Trustees shall, when said bonds are disposed of, proceed with diligence to erect upon the land now owned by said School District No. 9, a suitable school building together with necessary and proper out-houses and appurtenances in accordance with the provisions of this Act, the cost of said building and other improvements not to exceed the sum of fifteen hundred dollars ($1500). Sec. 4. The bond and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Lyon county. Sec. 5. All moneys received from the sale of said bonds shall be paid into the County Treasury, and the Treasurer is hereby required to receive, and safely keep the same in a fund to be known as the School District Number Nine Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Lyon county. The County Treasurer shall be liable on his official bond, for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said Lyon county, are hereby authorized and required, at the annual levy of taxes for State and county purposes, for the year of eighteen hundred and ninety-eight to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds for the year one thousand eight hundred ninety-seven and one thousand eight hundred ninety-eight, and annually thereafter levy an amount sufficient to pay said interest for the ensuing year, upon said bonds as herein provided. |
Board of School Trustees to issue bonds.
Denomination of bonds.
Board to erect building.
How signed and countersigned,
Treasurer to receive and keep money from sale of bonds. |
κ1897 Statutes of Nevada, Page 94 (CHAPTER 80)κ
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Board of Examiners to levy tax to pay interest on bonds.
To raise $750 annually to pay principal. |
the interest upon said bonds, the Board of County Commissioners of said Lyon county, are hereby authorized and required, at the annual levy of taxes for State and county purposes, for the year of eighteen hundred and ninety-eight to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds for the year one thousand eight hundred ninety-seven and one thousand eight hundred ninety-eight, and annually thereafter levy an amount sufficient to pay said interest for the ensuing year, upon said bonds as herein provided. The taxes so levied shall be assessed and collected in the same manner as the assessment and collection of other taxes; shall be paid into the County Treasury and kept by the Treasurer in a fund to be known as School District Number Nine Interest Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same become due upon presentation and surrender by the holder of the coupons therefor. Sec. 7. To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall, in the year nineteen hundred three and nineteen hundred four, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within said School District Number Nine, sufficient in their judgment to raise the sum of seven hundred and fifty dollars, for each of said years, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax as aforesaid levied for the redemption bonds, should exceed the said sum of seven hundred and fifty dollars a year, whenever the aggregate amount of money so collected shall equal the full sum, necessary to redeem said bonds, the tax hereby authorized for such purpose, shall cease, and should there be any excess, over and above said sum of fifteen hundred dollars, the amount of such excess shall be transferred to the School Fund of said district. Should the amount of said tax, realized up to and including the year nineteen hundred and four be less than the amount necessary for the redemption of said bonds, they shall nevertheless, be redeemed and paid out of the said General Fund, as herein provided, and a special tax shall be levied by the County Commissioners upon all the property within said school district for the year nineteen hundred and five, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner, and paid into the General Fund of said county. |
κ1897 Statutes of Nevada, Page 95κ
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Chap. LXXXI.An Act allowing the payment of taxes in equal semi-annual installments and regulating the collection of taxes on personal property.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person charged with taxes on real estate and personal property according to existing law, may, at his option, pay the full amount thereof on or before the first Monday in December of each year; but if he shall pay one-half of such taxes, as the same shall appear on the assessment roll taxed against him, on or before the first Monday in December of each year, then, in such case, the remaining half of said taxes shall not become delinquent prior to the first Monday in June next ensuing; but if such person shall fail to pay the first half of said taxes, as herein provided, then the entire tax shall become due and shall be collected, as now provided by law, and all taxes, of which the first half shall not be paid on or before the first Monday in December of each year, shall be subject to have added thereto a penalty of ten per cent, and all taxes of the preceding year which remain due and unpaid on the first Monday in June of each year shall be subject to, and there shall be added thereto a like penalty of ten per cent. Sec. 2. Immediately after the first Monday in June of each year, the County Treasurer, and ex officio Tax Receiver, shall advertise the property upon which such delinquency has attached, and upon which such delinquent taxes are a lien for sale in all cases, and in the same manner, and for the same length of time as he is now required by law to advertise the same, and if the amount of such taxes and delinquency, exclusive of poll tax and penalties, exceed three hundred dollars, action shall be instituted to recover the same, as now provided by law; and if such delinquency amounts to only three hundred dollars or less, then the County Treasurer, as ex officio Tax Receiver, shall advertise and sell the said property for the amount of said delinquency and costs. Sec. 3. It is hereby made the specific duty of all County Assessors, at the time of assessing personal property, to collect the entire amount of tax on such personal property, unless the owner thereof shall be the owner of real estate, situate within his county, sufficient, in the judgment of the County Assessor, to amply secure the payment of the entire tax on both such sale as might become a lien thereon, by reason of such taxes becoming delinquent. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are repealed to the extent of such confliction. Sec. 5. This Act shall take effect on January first, 1898. |
Tax payments.
Treasurer to advertise.
Duty of Assessor. |
κ1897 Statutes of Nevada, Page 96κ
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County apportionment.
Salary of District Judge.
County apportionment. |
Chap. LXXXII.An Act relating to the salary of the District Judge of the Fourth Judicial District of the State of Nevada.
[Approved March 9, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Annually for the years eighteen hundred and ninety-seven and eighteen hundred and ninety-eight, the salary of the District Judge of the Fourth Judicial District of the State of Nevada, shall be paid by the counties comprising said District in the manner now provided by law in the following sums, viz: The county of Elko, twenty-eight hundred and twenty-three dollars; the county of White Pine four hundred dollars; the county of Lincoln, seven hundred and seventy-seven dollars. Sec. 2. On and after the first Monday in January, A. D. eighteen hundred and ninety-nine, the District Judge in and for the Fourth Judicial District of the State of Nevada, shall receive an annual salary of four thousand five hundred dollars, payable at the time and in the manner now provided by law. Sec. 3. On and after said date, said salary shall be paid by the counties comprising said district, in the manner now provided by law, in the following sums, viz: The county of Elko, twenty-eight hundred and twenty-three dollars; the county of White Pine, six hundred and seventy-seven dollars; the county of Lincoln, one thousand dollars. |
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Amount appropriated.
State Controller to draw warrant. |
Chap. LXXXIII.An Act for the relief of the Virginia and Truckee Railroad Company.
[Approved March 10, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred and eighty-one dollars ($581) is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to the Virginia and Truckee Railroad Company, for transportation of the Militia from Reno and Virginia to Carson and return on the fifteenth day of April, A. D. 1896, in attendance upon the funeral of the late Governor John E. Jones. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the Virginia and Truckee Railroad Company for the sum of five hundred and eighty-one dollars ($581), and the State Treasurer is hereby directed to pay the same. |
κ1897 Statutes of Nevada, Page 97κ
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Chap. LXXXIV.An Act to refund certain erroneous interest payments made on contracts for land in the State Land Office.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and thirty-three dollars and eleven cents is hereby appropriated out of the State School Fund to refund certain moneys erroneously paid into the State Treasury on account of interest payments on contracts for land in the State Land Office. Sec. 2. The State Controller is hereby directed to draw his warrants on the State Treasurer in favor of the following persons for amounts respectively as follows: James A. Hardin, $26 40; Benjamin Darmert, $2 40; Reinhold Sadler, $86 40; Vincenzo Lani, $17 91, and the State Treasurer is hereby directed to pay the same out of the appropriation made in section one of this Act. |
Amount appropriated.
State Controller to draw warrant.
To whom appropriated. |
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Chap. LXXXV.An Act to amend an Act entitled An Act to promote the purity of elections by regulating the conduct thereof, and to support the privilege of free suffrage by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof, approved March 16, 1895.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act is hereby amended to read as follows: Section five. No sums of money, except the actual cost for transportation, board and lodging of candidates, shall be paid, nor indebtedness contracted, or expenses incurred, directly or indirectly, either before, during or after any election held within this State, on account of, or in respect to the conduct, management or in aid of such election, or of the election of any candidate or candidates to be voted for at such election, by or on behalf of the committee selected under the provisions of section one (1) of this Act, and hereby designated as the Auditing and Disbursing Committee, or on behalf of the political party, organization, or other superior authority to which such committee is subject, or by or in behalf of any candidate or candidates except for the following purposes, to-wit: 1. Expenses of holding public meetings for the purpose of ratification, or for the discussion of public questions relating to such election. |
Relating to purity of elections. |
κ1897 Statutes of Nevada, Page 98 (CHAPTER 85)κ
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Amount of lawful expenditures. |
2. Advertising, printing and circulating hand-bills, posters, cards, and other papers and publications pertaining to the questions at issue at such election. 3. Telegraphing, telephoning, postage, expressage, freights and fares. 4. Supervising the registration of voters, and watching the polling and counting of votes cast at such election. 5. Salaries and wages of committees and persons employed in transacting business at the office, rooms or headquarters of such political party or organization, or of the committees or candidate or candidates, and for the rent and necessary expenses of maintaining such office, rooms or headquarters. 6. Actual necessary traveling expenses and board and lodging of speakers, committees, delegates, and business agents, while canvassing the State or county, or transacting business for or in behalf of such political party or organization. 7. Necessary expenses incidental to any or all of the foregoing specified items of lawful expenditures. The total amount of all such lawful expenditures to be so paid and disbursed, at or in respect to any election, or the election of any candidate or candidates, by any such Auditing and Disbursing Committee acting for and in behalf of a State political organization shall not exceed $1000; if expended by a committee acting for and in behalf of a county organization, at such election, and for the election of county and township officers, $600; if expended by a committee acting for and in behalf of a municipal organization, at a municipal election, or for an election other than for electing officers, $100. In addition to the foregoing amounts, allowed to be so expended by such Auditing and Disbursing Committees, each candidate to be voted for at such election, may, for and in his own behalf, expend and disburse for any such foregoing specified lawful expenditures, and for no other, except as otherwise provided in this Act, in furtherance of such election and of his own election, the sums following: Candidates for Presidential electors, Congressmen, State and district offices, when such district comprises two or more counties, $250; candidates for county offices, $100; for township offices, $50; candidates for municipal offices, $25; for Public School Trustees, $5. Such expenditures so allowed by each candidate may be in excess of any sums donated by such candidate towards defraying the expenses of holding the convention or assemblage nominating him, and any assessment or donation given to the business or central committee of the party or parties or organizations of which he shall be a nominee; provided, that such donations, in total, shall not exceed four (4) per cent of an amount equal to the salary or probable compensation for one year of the office for which he is a candidate; and if such office has no salary, fees, per diem or other compensation, any sum not exceeding $100 for Presidential electors or State officers; and $25 for county and municipal offices, and $5 for Public School Trustee. |
κ1897 Statutes of Nevada, Page 99κ
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Chap. LXXXVI.An Act to provide for the payment of certain claims against the State of Nevada for advertising State selections, within six miles of a mineral claim.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six hundred and forty dollars and twenty-five cents is hereby appropriated out of the State School Fund for the payment of claims against the State of Nevada for advertising State selections (as required by the Commissioner of the General Land Office) within six miles of a mineral claim, as specified in section two of this Act. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the following claimants and in the following amounts, to wit: Nevada State Journal, $34 50; Virginia Evening Chronicle, $51 75; Elko Independent, $109 25; Carson Appeal, $51 75; Walker Lake Bulletin, $46; Lyon County Times, $57 50; Silver State, $20; White Pine News, $124; Pioche Record, $34 50; Central Nevadan, $16; Elko Free Press, $26; Reese River Reveille, $69; and the State Treasurer is hereby directed to pay the same out of the appropriation made in section one of this Act. |
Amount appropriated.
To whom appropriated. |
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Chap. LXXXVII.An Act fixing the salaries and compensations and defining the duties of certain county officers in Washoe county, and other matters relating thereto.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Clerk of Washoe county, Nevada, for all services rendered as such Clerk and for all ex officio services by him rendered, except as City Clerk of the city of Reno, shall receive a salary of six hundred dollars per annum and shall be allowed to retain all fees in civil cases now allowed said Clerk by law; provided, that said Clerk shall not charge nor collect any fees for services by him rendered to the State of Nevada, or to Washoe county, or to the city of Reno. Sec. 2. The District Attorney and ex officio Superintendent of the Public Schools of Washoe county shall receive twelve hundred dollars per annum for his services as District Attorney, payable out of the County Salary Fund, and three hundred dollars per annum for his services as Superintendent of the Public Schools, payable out of the County School Fund. Sec. 3. The County Commissioners of Washoe county shall each receive four hundred dollars per annum. Sec. 4. This Act shall take effect on and after the first Monday in January, A. D. 1899. |
Salary of County Clerk of Washoe county.
District Attorney.
County Commissioners.
Takes effect. |
κ1897 Statutes of Nevada, Page 100κ
|
School Trustees, when elected.
Vacancies.
Election officers appointed.
Certificates of election.
Notices to be posted.
Qualification for voting. |
Chap. LXXXVIII.An Act to provide for the election of School Trustees and matters properly connected therewith.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An election of School Trustees shall be held in each School District in the State on the fourth Monday in May, 1898, and every two years thereafter, and at such elections two Trustees shall be elected, one to serve two years and one to serve four years. The Trustees so elected shall take their office on the first Monday in July next succeeding their election. Sec. 2. In all cases where Trustees are not elected as provided in this Act or whenever vacancies occur, the Superintendent of Public Schools shall fill such vacancies by appointment. Sec. 3. All judges and inspectors of election and such other officers as may be necessary, shall be appointed by the School Trustees in each district. If the Trustees fail to appoint the election officers or if they are not present at the time of opening the polls, the electors present may appoint them. All such officers shall serve without compensation. Sec. 4. The Election Board shall issue certificates of election to those receiving the greatest number of votes cast in accordance with the provisions of this Act. Sec. 5. Not less than ten days before the election held under the provisions of this Act, the Trustees in each district shall post notices in three public places in the district, which notice shall specify that there will be an election held at the school house of such district and the hours between which the polls will be kept open. If the Trustees of any district shall have failed to post the notices as required by this section, then any three electors of the district may, within five days of the day of election, give notice of such election, which notices shall be sufficient for the election required by this Act, and in such case no registration shall be necessary, but all the other provisions of this Act shall be enforced. Sec. 6. No person shall be allowed to vote at any school election unless he is a resident of the district and his name appears upon the official registry list of the voting precinct or precincts including the district, for the last preceding general election; provided, that any citizen of the United States who shall have resided in this State six months, and in the school district thirty days next preceding the day of election and whose name is not upon the said official registry list, may apply to the Clerk of the Board of School Trustees, or to a person authorized by the Trustees of the District to act as registry agent, not more than eight nor less than five days prior to the day of election, to have his name registered. Sec. 7. It shall be the duty of the Clerk of the Board of School Trustees, or the person appointed by the Board of School Trustees, |
κ1897 Statutes of Nevada, Page 101 (CHAPTER 88)κ
|
School Trustees, as the case may be, to register any qualified voter of the school district who may apply to be registered under the provisions of the preceding section; provided, that if the person applying to be registered be unknown to the registry agent, or his qualifications for voting be unknown, he shall, before having his name registered, be required to subscribe to the following oath: You do solemnly swear that you are a citizen of the United States; that you are twenty-one years of age; that you will have resided in the State six months and in this school district thirty days next preceding the day of the school election. False swearing under the provisions of this section shall be deemed perjury and punished as now provided by law. Sec. 8. No person shall be entitled to vote under the provisions of this Act except he be registered as herein provided. The Board of School Trustees shall prepare or cause to be prepared a list of the names of all persons entitled to vote at the school election as herein provided, which said list shall be completed at least three days prior to the day of election and shall be under the charge of the Clerk of the Board of School Trustees and subject to the inspection of any qualified voter in the district. Sec. 9. The Board of School Trustees in all school districts having a voting population of fifty or more, are authorized to employ a competent person to prepare said list of qualified voters and to pay for the work out of the school fund of the district, in [a] manner as other claims against the district are allowed and paid, a reasonable sum, not exceeding five cents a name for each qualified voter, providing, that the total amount to be allowed shall not exceed twenty dollars. The list so prepared shall be sworn to by the person making the same as correct according to his best knowledge, information and belief. Sec. 10. The list of qualified voters, as hereinbefore described, shall be delivered to the Inspectors of Election prior to the time of opening the polls on the day of election, and no person shall be entitled to vote at the election whose name is not on said list, provided, that any person whose name is left off said list by mistake, design, accident or otherwise, may have his name placed thereon by the Inspectors of Election upon satisfactory proofs being presented of his having previously been registered in accordance with the provisions of this Act. Sec. 11. The voting shall be by ballot, either written or printed and when two or more trustees are to be elected for different terms, the ballot shall designate such term as long term and short term respectively. Sec. 12. In all School Districts having a voting population of one hundred or over, the Board of School Trustees shall have printed ballots of uniform size containing the names, in alphabetical order, of all persons candidates for the office of School Trustee. There shall be twice as many ballots printed as there are voters in the district, and no ballots other than those furnished by the Board of School Trustees shall be voted. |
Relating to registration.
Form of oath.
List of voters.
List of voters to be prepared.
Compensation allowed.
List delivered to Inspectors of Election.
Voting shall be by ballot.
Ballots, what to contain.
Number of ballots. |
κ1897 Statutes of Nevada, Page 102 (CHAPTER 88)κ
|
How to vote.
Ballot can contain.
Allowed at polls.
Misdemeanor
Assistance allowed.
Challenges.
Penalty.
Candidates to file their names. |
those furnished by the Board of School Trustees shall be voted. Sec. 13. A person desiring to vote shall, if his name be upon the registry list as herein provided, receive from the Board of Election or some member thereof, and from no other person, a ballot upon which he shall designate his choice for Trustee or Trustees to be elected in the district, by placing a cross thus: X opposite and to the right of the name of the person for whom he intends to vote. Sec. 14. There shall be placed upon the ballots, in addition to the names of the candidates such information as the Board of Trustees may deem necessary to inform the voter how to mark his ballot, such as: Place a cross thus: X opposite and to the right of the name of the candidate for whom you wish to vote, vote for one, vote for two, etc. Sec. 15. No person other than the Board of Election or a police officer in the discharge of his duty, shall be allowed within one hundred feet of the polls, except when actually engaged in voting or in going to or from the polls for the purpose of voting or of challenging the vote of another, and excepting all persons in attendance upon any school which may be in session in the building. No person shall show his ballot to another while marking it or after marking it so as to disclose for whom he has voted, but he shall as soon as possible after marking it fold it so that the marking will be on the inside and return it to the Board of Election to be counted. Willful violation of any of the provisions of this section shall constitute a misdemeanor, punishable by fine not exceeding fifty dollars or imprisonment in the County Jail not exceeding twenty-five days or by both such fine and imprisonment. Sec. 16. No person shall receive assistance in marking his ballot unless physically unable to mark it and then only by permission of the Board of Election. A voter spoiling his ballot may procure another by delivering the spoiled ballot to the Board of Election. Sec. 17. Any registered person offering to vote may be challenged by any elector of the district, and the Judges of Election must thereupon administer to the person challenged an oath in substance as follows: You do swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this State six months and in this school district thirty days next preceding this election, and that you have not voted before this day. If he takes the oath prescribed in this section his vote shall be received, otherwise his vote must be rejected. Illegally voting under the provisions of this Act shall be punished the same as the law now provides for punishing offenses of this character. Sec. 18. In school districts having a voting population of one hundred or over, candidates for the office of School Trustee shall, not later than five days before the day of election, have their names filed with the Clerk of the Board of School Trustees with the designation of the term of office for which they are candidates and no names shall be placed upon the ballots unless filed within the time herein provided. |
κ1897 Statutes of Nevada, Page 103 (CHAPTER 88)κ
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Sec. 19. The Board of Election shall keep a poll list and tally sheet, which, together with the registry list and all ballots cast, shall be delivered to the County Clerk upon the count being completed, and such returns shall be kept as the law now provides for keeping returns of general elections. Sec. 20. All Acts in conflict with this Act, and all parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed. |
Duty of Board of Election upon completion of count. |
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Chap. LXXXIX.An Act relating to the location, relocation, manner of recording lode and placer claims, mill sites, tunnel rights, amount of work necessary to hold possession of mining claims and the rights of co-owners therein.
[Approved March 16, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, a citizen of the United States, or one who has declared his intention to become such, who discovers a vein or lode may locate a claim upon such vein or lode by defining the boundaries of the claim in the manner hereinafter described, and by posting a notice of such location at the point of discovery, which notice must contain: First-The name of the lode or claim. Second-The name of the locator or locators. Third-The date of the location. Fourth-The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be. Sec. 2. Before the expiration of ninety days from the posting of such notice upon the claim the locator must sink a discovery shaft upon the claim located to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary to show by such work a lode deposit of mineral in place. A cut, or crosscut, or tunnel which cuts the lode at a depth of ten feet, or an open cut of at least ten feet in length along the lode from the point where the lode may be in any manner discovered, is equivalent to a discovery shaft. The locator must define the boundaries of his claim by marking a tree or rock in place, or by setting a post or stone, one at each corner and one at the center of each side line. When a post is used it must be at least four inches square, by four feet six inches in length, set one foot in the ground, with a mound of stone or earth four feet in diameter by two feet in height around the post. When it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a pile of stones; or where the proper placing of such posts or monuments of stone is impracticable or dangerous to life or limb, it shall be lawful to place such post or monmment of stone at the nearest point, properly marked to designate its right place. When a stone is used, not a rock in place, it must be at least six inches square and eighteen inches in length, set two-thirds of its length in the ground, which trees, stakes or monuments must be so marked as to designate the corners of the claim located. |
How to locate.
Work to be done.
Boundaries, how defined. |
κ1897 Statutes of Nevada, Page 104 (CHAPTER 89)κ
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Relating to recording.
Location includes.
End lines.
Relocation in case of defective certificate.
|
is used, not a rock in place, it must be at least six inches square and eighteen inches in length, set two-thirds of its length in the ground, which trees, stakes or monuments must be so marked as to designate the corners of the claim located. Sec. 3. Within ninety days of the date of posting the location notice upon the claim the locator shall record his claim with the mining district recorder and the county recorder of the mining district or county in which such claim is situated by a location certificate which must contain: 1st, the nameof the lode or vein; 2nd, the name of the locator or locators; 3rd, the date of the location and such description of the location of said claim, with reference to some natural object or permanent monument, as will identify the claim; 4th, the number of linear feet claimed in length along the course of the vein each way from the point of discovery, with a width on each side of the center of the vein, and the general course of the lode or vein as near as may be; 5th, the dimensions and location of the discovery shaft, or its equivalent, sunk upon the claim; 6th, the location and description of each corner, with the markings thereon. Any record of the location of a lode mining claim which shall not contain all the requirements named in this section shall be void. All records of lode or placer mining claims, mill sites or tunnel rights heretofore made by any recorder of any mining district or any county recorder are hereby declared to be valid and to have the same force and effect as records made in pursuance of the provisions of this Act. And any such record, or a copy thereof, duly verified by a mining recorder or duly certified by a county recorder shall be prima facie evidence of the facts therein stated. Sec. 4. The location or record of any vein or lode claim shall be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire depth, the top or apex of which lies inside of such lines extended downward, vertically with all parts of such lodes or veins as continue to dip beyond the side lines of the claim, but shall not include any portion of such lodes, veins, or ledges beyond the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode. Sec. 5. If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course where it is intersected by the exterior lines. Sec. 6. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing; or shall be desirous of changing his surface boundaries or of taking in any part of an overlapping claim which has been abandoned; or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this Act, such locator or his assigns may file an additional certificate, subject to the provisions of this Act; provided, that such relocation does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such titles as he or they may have held under previous location. |
κ1897 Statutes of Nevada, Page 105 (CHAPTER 89)κ
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may file an additional certificate, subject to the provisions of this Act; provided, that such relocation does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such titles as he or they may have held under previous location. Sec. 7. The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, in which case the record must give the depth and dimensions of the original discovery shaft at the date of such relocation, and erect new or adopt the old boundaries, renewing the posts or monuments if removed or destroyed. In either case a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken the record may state that the whole or any part of the new location is located as abandoned property. If it is not known to the relocator that his location is on an abandoned claim, then the provisions of this section do not apply. Sec. 8. Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral surveyor, or a licensed surveyor of this State, and his claim connected with a corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of such survey, and attaches to and files with such location certificate a certificate of the surveyor, setting forth: First, that said survey was actually made by him, giving the date thereof; second, the name of the claim surveyed and the location thereof; third, that the description incorporated in the declaratory statement is sufficient to identify. Such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained. Sec. 9. The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to wit: One hundred dollars annually. In estimating the worth of labor required to be performed upon any mining claim, to hold the same under the laws of the United States, the value of a days labor is hereby fixed at the sum of four dollars; provided, however, that in the sense of this statute eight hours of labor actually performed upon the mining claim shall constitute a days labor. Sec. 10. Within sixty days after the performance of labor or making of improvements, required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed, or improvements made, or someone in his behalf shall make and have recorded by the mining district recorder or the County Recorder in books kept for that purpose in the mining district or county in which such mining claim is situated, an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures or labor or improvements, a description of the claim or part of the claim affected by such expenditures, or labor or improvements, for what year, and the name of the owner or claimant of said claim at whose expense the same was made or performed. |
Proviso.
Work to be done on relocation.
Survey and certificate of surveyor becomes part of record.
Amount of work to hold possession.
Affidavit of work performed. |
κ1897 Statutes of Nevada, Page 106 (CHAPTER 89)κ
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Notice to a delinquent.
Proviso.
Penalty. |
mining claim is situated, an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures or labor or improvements, a description of the claim or part of the claim affected by such expenditures, or labor or improvements, for what year, and the name of the owner or claimant of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the County Recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both. Sec. 11. Whenever a co-owner or co-owners shall give to a delinquent co-owner or co-owners the notice in writing or notice by publication provided for in section 2324, Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be recorded by the mining district recorder or the County Recorder, in books kept for that purpose, in the mining district or county in which the mining claim is situated; within ninety days after the giving of such notice, or if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the printer or his foreman or principal clerk of such paper, stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time, and the name of such newspaper. Such affidavit and notice shall be recorded as aforesaid within one hundred and eighty days after the first publication thereof. The original of such notice and affidavits, or a duly certified copy of the record thereof, shall be evidence that the delinquent mentioned in section 2324 has failed or refused to contribute his proportion of the expenditure required by that section and of the service or publication of said notice; provided, the writing or affidavit hereinafter provided for is not of record. If such delinquent shall, within the ninety days required by section 2324 aforesaid, contribute to his co-owner or co-owners his proportion of such expenditures, such co-owner or co-owners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name, has within the time required by section 2324 of the Revised Statutes of the United States contributed his share for the year _____, upon the _____ mine, and further stating therein the district, county and state where the same is situate and the book and page where the location notice is recorded; such writing shall be recorded in the office of the County Recorder of said county. If such co-owner or co-owners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the co-owner or co-owners so failing as aforesaid shall be liable to a penalty of one hundred dollars, to be recovered by any person for the use of the delinquent or delinquents in any court of competent jurisdiction. If such co-owner or co-owners fail to deliver such writing within said twenty days, then the delinquent with two disinterested persons having personal knowledge of such contribution, may make affidavit setting forth in what manner, the amount of, to whom and upon what mine, such contribution was made. |
κ1897 Statutes of Nevada, Page 107 (CHAPTER 89)κ
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twenty days, then the delinquent with two disinterested persons having personal knowledge of such contribution, may make affidavit setting forth in what manner, the amount of, to whom and upon what mine, such contribution was made. Such affidavit, or a record thereof in the office of the County Recorder of the county in which said mine is situate, shall be prima facie evidence of such contribution. Sec. 12. No notice of location of a lode claim shall claim more than one location, whether the location be made by one or several persons. And if such notice purport to claim more than one location it shall be absolutely void, except as to the first location therein described. And if they are described together, or so that it cannot be told which location is first described, the notice of location shall be void as to all. Sec. 13. The locator of a placer claim shall locate his claim in the following manner: First-By posting a notice of location thereon containing the name of the claim, the name of the locator or locators, the date of location and the number of feet or acres claimed. Second-By marking the boundaries of his claim with a post, tree or rock in place, or by setting a post or stone, one of each angle of the claim located. When a post is used it must be at least four inches square by four feet six inches in length, set one foot in the ground, with a mound of stone or earth four feet in diameter, by two feet in height around the post. Where it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a pile of stones. When a stone is used not rock in place, it must be at least six inches square and eighteen in length, set two-thirds of its length in the ground, which tree, stake or monument must be so marked as to designate the corner of the claim located; provided, that if the United States survey has been extended over said land then the claim may be taken by legal subdivision, and no other monument, except that upon which the location notice is posted, shall be required than the United States corners. Sec. 14. The locator of any placer claim shall, within sixty days from the date of the location of such claim have the same recorded by the mining district recorder and the County Recorder, in books kept for that purpose, in the mining district or county in which such claim is situated, which record must contain: First, the name of the claim, designating it as a placer claim; second, the name of the locator or locators; third, the date of such location; fourth, the number of feet or acres thus claimed; fifth, a description of the claim, with reference to some natural object or permanent monument as will identify the claim. Any record of the location of a placer mining claim which shall not contain all the requirements of this section shall be void. Sec. 15. The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or reduction works, may locate five acres of non-mineral land as a mill site. Sec. 16. The locator of a mill site location shall locate his claim by posting a notice of location thereon, which must contain: 1st, the name of the locator or locators; 2nd, the name of the vein or lode claim, or mine, of which he is the proprietor, or the name of the quartz mill or reduction works of which he is the owner; 3rd, the date of the location; 4th, the number of feet or acres claimed; 5th, a description of the claim by such reference to a natural object or permanent monument as shall identify the claim or mill site. |
Notice of location of lode claim void.
Location of placer claim.
Relating to location.
Mill site. |
κ1897 Statutes of Nevada, Page 108 (CHAPTER 89)κ
|
Notices to contain.
Locator shall record.
When location is void.
Notice to contain.
Boundary lines.
Locator shall record.
Relating to blind lodes or veins. |
tain: 1st, the name of the locator or locators; 2nd, the name of the vein or lode claim, or mine, of which he is the proprietor, or the name of the quartz mill or reduction works of which he is the owner; 3rd, the date of the location; 4th, the number of feet or acres claimed; 5th, a description of the claim by such reference to a natural object or permanent monument as shall identify the claim or mill site. And by marking the boundaries of his claim in the same manner as provided in this Act for the marking of the boundaries of a placer mining claim, so fas as the same may be applicable thereto. Sec. 17. The locator of a mill site claim or location shall within thirty days from the date of his location record his location with the mining district recorder and the County Recorder of the district or county in which such location is situated, by a location certificate which must be similar in all respects to the one posted on the location. Sec. 18. Any record of a mill site location which shall not contain the name of the locator or locators, the name of the vein or lode claim or mine of which the locator is the proprietor, or the name of the quartz mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and such description as shall identify the claim with reasonable certainty, shall be void. Sec. 19. The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel which must contain: 1st. The name of the locator or locators. 2nd. The date of the location. 3rd. The proposed course or direction of the tunnel. 4th. The height and width thereof. 5th. The position and character of the boundary monuments. 6th. A description of the tunnel by such reference to a natural object or permanent monument as shall identify the claim or tunnel right. Sec. 20. The boundary lines of the tunnel shall be established by stakes or monuments placed along such lines at an interval of not more than three hundred feet from the face or point of commencement of the tunnel to the terminus of three thousand feet therefrom. The stakes or monuments shall be of the same size and character as those provided for lode or placer claims in this Act. Sec. 21. The locator of a tunnel right or location shall within sixty days from the date of the location record his location with the mining district recorder and the County Recorder of the county or district in which such location is situated, which must be similar in all respects to the one posted on the location. Any record of a tunnel right or location which shall not contain all the requirements named in this section shall be void. Sec. 22. All blind lodes, or veins or lodes not previously known to exist, discovered in a tunnel run for the development of a vein or lode, or for the discovery of mines, and within three thousand feet from the face of such tunnel, shall be located upon the surface and held in like manner as other lode claims under the provisions of this Act. |
κ1897 Statutes of Nevada, Page 109 (CHAPTER 89)κ
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be located upon the surface and held in like manner as other lode claims under the provisions of this Act. Sec. 23. The provisions of this Act shall be construed as equally applicable to all classes of locations except where the requirement as to any one class is manifestly inapplicable to any other class or classes. Sec. 24. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
Provisions of this Act applicable. |
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Chap. XC.An Act for the relief of R. Foote.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four hundred and one dollars ($401) is hereby appropriated out of any money in the General Fund of the State not otherwise appropriated, for the relief of R. Foote, for money advanced in aid of Nevada Exhibit at the Midwinter Fair. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of R. Foote for the amount specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
R. Foote, relief of.
Controller to draw warrant. |
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|
Chap. XCIAn Act for the relief of J. D. Ernst.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred dollars ($100) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, for the relief of J. D. Ernst for clerical services, performed at the Midwinter Fair, in connection with the Nevada Exhibit. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of J. D. Ernst for the amount specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
J. D. Ernst, relief of.
Controller to draw warrant. |
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|
Chap. XCII.An Act for the relief of Mahoney Brothers.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty dollars ($50) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, |
|
κ1897 Statutes of Nevada, Page 110 (CHAPTER 92)κ
|
Mahoney Brothers, relief of. Controller to draw warrant. |
not otherwise appropriated, for the relief of Mahoney Brothers, for money advanced in aid of the Nevada Exhibit at the Midwinter Fair. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Mahoney Brothers, for the amount specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
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Douglas county, relief of.
Controller to draw warrant. |
Chap. XCIII.An Act for the relief of Douglas county.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and eighty dollars and eighty-three cents ($180 83) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated for the relief of Douglas county for money advanced in aid of the Nevada Exhibit at the Midwinter Fair. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Douglas county for the amount specified in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
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|
Question to be submitted.
When and how submitted. |
Chap. XCIV.An Act to submit the question, Shall Storey, Ormsby Lyon and Douglass counties be consolidated? to the electors of Storey, Ormsby, Lyon and Douglass, at the general election of 1898 and to provide for the canvass and the certification of the vote therein.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Not less than twenty-five days before the General Election to be held A. D. 1898, the Secretary of State shall certify to the County Clerks of Storey, Ormsby, Lyon and Douglass counties, the following question to be submitted to the electors of Storey, Ormsby, Lyon and Douglass counties, at the said general election, to-wit: Shall Storey, Ormsby, Lyon and Douglass be consolidated into one county? And if a majority of the voters of any county mentioned in this Act shall be opposed to such consolidation then such county shall not be included in such consolidation. Sec. 2. Said question shall be submitted to the electors of Storey, Ormsby, Lyon and Douglass at the General Election to be held A. D. 1898, in manner and form complying with the requirements and the provisions of an Act relating to elections and to more fully secure the secrecy of the ballot, approved March 13, 1891, and of the various Acts supplementary thereto and amendatory thereof. |
κ1897 Statutes of Nevada, Page 111 (CHAPTER 94)κ
|
March 13, 1891, and of the various Acts supplementary thereto and amendatory thereof. Sec. 3. The vote upon the said question shall be canvassed by the same authority and in the same manner as the vote for the State officers is canvassed and the Secretary of State shall within five days after the convening of the Nineteenth Session of the Legislature of the State of Nevada, certify and transmit to each branch thereof the result of the official canvass of the vote upon the said question. |
Vote, how canvassed. |
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|
Chap. XCV.An Act concerning the liabilities of proprietors and keepers of saloons and gambling houses.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any proprietor or keeper of a saloon, gambling house or resort where liquors are sold, who shall sell or give to any minor any spirituous or malt liquors, or who shall permit any minor to engage in any game in his saloon, gambling house or resort where liquors are sold, or who shall permit any minor to lounge or remain therein, shall be liable to the parent or guardian of such minor in damages, which may be collected by a civil action in a sum not less than fifty nor more than one thousand dollars. |
Prohibited.
Damages. |
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|
Chap. XCVI.An Act to amend section four hundred and ninety-six of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred and ninety-six of said Act is hereby amended so as to read as follows: Section four hundred and ninety-six. The service may be personal, by delivery to the party or his attorney, on whom the service is required to be made, or it may be as follows: First-If upon an attorney, it may be made during his absence from his office, by leaving the notice or other papers with his clerk therein, or with a person having charge thereof; or when there is no person in the office, by leaving them, between the hours of eight in the morning and six in the afternoon, in a conspicuous place in the office; or if it be not open, so as to admit of such service, then by leaving them at the attorneys residence, with some person of suitable age and discretion; and if his residence be not known, then by putting the same, inclosed in an envelope, into the postoffice, directed to such attorney. |
Relating to civil cases. |
κ1897 Statutes of Nevada, Page 112 (CHAPTER 96)κ
|
Relating to civil cases. |
inclosed in an envelope, into the postoffice, directed to such attorney. Second-If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of suitable age and discretion, and if his residence be not known, by putting the same, inclosed in an envelope, into the postoffice, directed to such party; provided, however, that in all cases where the party on whom the service is to be made has no office, or does not reside at the county seat where the action or proceeding is pending, the service may be made by filing the papers or notice to be served in the County Clerks office and the service shall be deemed complete at the expiration of ten days from the date of such filing. |
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Question to be submitted.
When and how submitted.
Vote, how canvassed. |
Chap. XCVII.An Act to submit the question Shall the County of Lincoln be divided? to the electors of Lincoln county at the general election of 1898 and to provide for the canvass and certification of the vote thereon.
[Approved March 19, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Clerk of the County of Lincoln, in this State, in preparing the ballots in said county to be voted at the general election to be held A. D. 1898, shall place thereon the following question to be submitted to the electors of said Lincoln county at the said general election, to wit: Shall the County of Lincoln be divided? Sec. 2. Said question shall be submitted to the electors of said Lincoln county at the general election to be held A. D. 1898 in manner and form complying with the requirements and the provisions of an Act relating to elections and to more fully secure the secrecy of the ballot, approved March 13, 1891, and of the various Acts supplementary thereto and amendatory thereof. Sec. 3. The vote upon the said question shall be canvassed by the same authority and in the same manner as the vote for State officers is canvassed, and the Secretary of State shall, within five days after the convening of the Nineteenth Session of the Legislature of the State of Nevada, certify and transmit to each branch thereof the result of the official canvass of the vote upon the said question. |
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|
|
Chap. XCVIII.An Act for the relief of Battery A Band.
[Approved March 20, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seventy-five ($75) dollars is hereby appropriated out of any moneys in the General Fund of the State, |
κ1897 Statutes of Nevada, Page 113 (CHAPTER 98)κ
|
appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, to be paid to the Battery A Band, for services at the funeral of the late Governor John E. Jones. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the Battery A Band for the sum of seventy-five ($75) dollars and the State Treasurer is hereby directed to pay the same. |
Battery A band, relief of.
Controller to draw warrant. |
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|
Chap. XCIX.An Act concerning the election of town and city officers in this State and matters properly connected therewith.
[Approved March 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Registry Agents of every voting precinct in this State, containing within its limits a town or city, the boundaries of which are described by metes and bounds, shall register all voters, residents of said town or city, separately from the voters who reside within the said voting precinct but without the limits of said town or city, or he shall designate after the name of each voter whether he is a resident within or without said town or city, provided that when there are no officers to be elected exclusively for said town or city such separate registration shall not be required. Sec. 2. The Registry Agents, in preparing the official register for any voting precinct as described in section one of this Act for the use of election officers, of the precinct and the wards thereof, if any there be, shall designate after the name of each voter, or in some other appropriate and intelligible manner, the residence of the voter, whether within or without the limits of the town or city, so that the election officers can readily determine whether or not voters are qualified to vote for town or city officers, if any such are to be elected. Sec. 3. The County Clerk shall cause to be placed upon the official ballots to be used at any voting precinct containing within its limits a town or city, as described in section one of this Act, the names of all candidates for office for said town or city, in manner as now provided by law to be voted for exclusively by the electors of said town or city; provided, that he shall furnish sufficient ballots without the names of candidates for town or city officers, for use of the voters of the precinct who reside without the limits of said town, or city, and the number of all ballots furnished for use in said precincts, and the wards thereof, if any there be, shall be as now provided by law, and shall be apportioned according to the relative number of each class of voters as herein designated. Sec. 4. The election officers of every voting precinct and the wards thereof, if any there be, shall, in manner as now provided by law, furnish the voters of said precinct or the wards thereof, |
Duties of Registry Agents.
Residence to be designated
Ballots to contain.
Proviso.
Form of Ballot. |
κ1897 Statutes of Nevada, Page 114 (CHAPTER 99)κ
|
Same.
Applicable to wards. |
thereof, with ballots with or without the names of the candidates for town, or city officers, according as the voter is a resident within or without the limits of said town or city as shown by the official registry list for use of the election officers of said precincts, or the wards thereof, as in this Act provided, and no ballot containing names of candidates to be voted for exclusively by residents of the town or city shall be given to any voter who resides without the limits of said town or city. Sec. 5. Except as herein provided, the manner of voting and conducting the election shall be as now provided by law. Sec. 6. Whenever any officer or officers of any town or city as herein mentioned are to be voted for exclusively by the qualified voters of any ward or wards of said town or city, then all of the provisions of this Act concerning the registration and manner of voting for town or city officers shall apply to said ward or wards. |
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Licenses. |
Chap. C.An Act to amend an Act entitled An Act supplemental to an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, and to repeal certain Acts relating thereto, approved March 23, 1891, and to all Acts amendatory thereof, and to provide for a license upon the business of owning, raising, grazing, herding or pasturing sheep in the several counties of the State of Nevada, and to declare a violation thereof a misdemeanor and to provide a punishment therefor, approved March 12, 1895.
[Approved March 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act is hereby amended so as to read as follows: Section six. All moneys collected for licenses under the provisions of this Act, less twenty per cent (which may be retained by the Sheriff as his commission for collecting the same) shall be paid to the County Treasurer of the county wherein such licenses are collected, and shall be, by him, placed to the credit of the General Fund of such county. |
κ1897 Statutes of Nevada, Page 115κ
|
Chap. CI.An Act fixing the salary of Constable in and for Carson township, Ormsby county, State of Nevada, and other matters relating thereto.
[Approved March 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Constable in and for Carson township Nevada, shall receive a salary of six hundred dollars a year, payable in twelve equal monthly payments; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases; and provided further that all fees received in civil cases shall be turned into the County Treasury. Sec. 2. The Board of County Commissioners of Ormsby county, Nevada, shall at their regular monthly meetings allow the salary named in section one of this Act, as other salaries payable by the county are now allowed. Sec. 3. The County Auditor of Ormsby county, Nevada, shall draw his warrants in favor of the Constable of Carson township Ormsby county Nevada as provided in this Act and the County Treasurer of said county shall pay the same. Sec. 4. This Act shall take effect and be in force from and after its passage. |
Salary.
How allowed.
The County Auditor to draw warrant.
To take effect. |
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Chap. CII.An Act relating to the duties of Census Marshals.
[Approved March 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The School Census Marshals in the various school districts of the State shall not include in their enumeration of children between the ages of six and eighteen years any Indian children not attending public school. Sec. 2. It shall be the duty of the Superintendent of Public Instruction and the various County Superintendents to cause the arrest and prosecution of any person who shall violate the provisions of this Act. And any person convicted of such violation shall be punished by a fine of not less than twenty (20) nor more than three hundred (300) dollars, or by imprisonment in the county jail for not less than ten nor more than sixty days, or by both such fine and imprisonment. |
Indian children not included
Penalty. |
κ1897 Statutes of Nevada, Page 116κ
|
Office abolished.
Duties of Fish Commissioner.
Obstructions in waters of State. |
Chap. CIII.An Act to abolish the office of Fish Commissioner and to protect the fish in the waters of the State of Nevada.
[Approved March 22, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of September, A. D. 1897, the office of Fish Commissioner shall be and the same is hereby abolished. Sec. 2. The present Fish Commissioner is hereby continued in office until the first day of September, A. D. 1897, and it shall be his duty, prior to said time, to distribute all spawn, young fish, and fish stock now on hand, to the waters of the State of Nevada, and to sell and to dispose of, according to his best judgment, all equipments, appliances and other personal property belonging to the State of Nevada and under his control as Fish Commissioner, and to deliver the proceeds thereof to the State Treasurer who shall receipt therefor and place the same in the State General Fund. Sec. 3. It shall be the duty of the District Attorneys of the different counties of the State of Nevada to require, as far as practicable, all persons, firms, companies, associations, or corporations, who have erected, or may hereafter erect, all dams, water weirs, or other obstruction to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada, to construct and keep in repair fish ways, or fish ladders, at all dams, water weirs, or other obstructions, so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions. |
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Regents authorized to construct buildings. |
Chap. CIV.An Act to provide for the building, completion and equipment of a mechanical building and the completion and equipment of the gymnasium at the State University at Reno, Nevada, and to appropriate the sum of twelve thousand dollars therefor, to prepare and issue bonds for the amount of said appropriation, and to provide for the levy and collection of a tax to pay said bonds.
[Approved March 23, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University are hereby authorized and directed to construct, complete and equip a suitable building of brick upon the State land at Reno, Nevada, to be set apart for the use of the State University, to be used as mechanical building for the students attending or to attend said State University. |
κ1897 Statutes of Nevada, Page 117 (CHAPTER 104)κ
|
Sec. 2. The Board of Regents of the State University are hereby authorized and directed to complete and equip the gymnasium at the State University at Reno, Nevada. Sec. 3. The building, completion and equipment of said building shall not exceed the sum of twelve thousand dollars, of which sum ten thousand dollars, and no more, shall be used for the building, completion and equipment of the mechanical building, and two thousand dollars, and no more, shall be used for the completion and equipment of the gymnasium. Sec. 4. Twelve thousand dollars are hereby appropriated for the construction, completion and equipment of said mechanical building and for the completion and equipment of said gymnasium, and in no case shall a contract be entered into for the building, completion and equipment of the mechanical building which shall exceed the sum of ten thousand dollars for the building, completion and equipment of said mechanical building, and in no case shall a contract be entered into for the completion and equipment of the gymnasium which shall exceed the sum of two thousand dollars. Sec. 5. The money hereby appropriated shall be taken from the State school fund, and in its place shall be deposited twelve bonds of one thousand dollars each bearing interest at the rate of four per cent per annum. Said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor, and State Controller, countersigned by the State Treasurer, and authenticated with the great seal of the State, and shall state in substance that the State of Nevada owes its State School Fund twelve thousand dollars the interest on which at four per cent per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds maybe lithographed, as is usual in similar cases and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually on the first day of January and July of each year on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the State University interest and sinking fund hereby created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 6. There shall be levied and collected for the fiscal year commencing January 1, 1897, and annually thereafter an ad valorem tax of cent on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State University Interest and Sinking Fund for the payment of interest and redemption of bonds herein authorized by this Act. Sec. 7. An Act to provide for the deficiencies incurred in the building and furnishing of dormitories, |
Gymnasium.
Amount for each building.
Not to exceed appropriation.
Appropriation from State School Fund.
Interest to go into General School Fund.
Ad valorem tax to be collected. |
κ1897 Statutes of Nevada, Page 118 (CHAPTER 104)κ
|
Repeal. |
the building and furnishing of dormitories, and for the construction of the annex for a mechanical building at the Nevada State University, at Reno, Nevada, approved March 3, 1897, is hereby repealed. |
________
|
Amount appropriated.
Board of Regents to pay. To be taken from State School Fund. |
Chap. CV.An Act to provide for the payment of deficiencies incurred in the building and furnishing of dormitories, and for the construction of the annex for a mechanical building at the Nevada State University at Reno, Nevada, the preparation and issuance of bonds therefor, and to provide for the payment of said bonds.
[Approved March 23, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eleven thousand seven hundred and sixty-four dollars and twenty cents is hereby appropriated for the payment of the following deficiencies incurred by the Regents of the State University at Reno, Nevada, in the construction and furnishing of the dormitories at said State University, Authorized to be built, constructed and furnished by the Act of the Legislature of the State of Nevada entitled An Act to provide for the building and furnishing of dormitories and for the purchase of additional land at the State University at Reno, Nevada, approved February 15, 1895; For heating, plumbing and furnishing of the building used by male students, four thousand two hundred and twenty-six dollars and forty-five cents; For completing, heating, plumbing and furnishing of the building used by the female students, five thousand seven hundred and eighty-nine dollars and seventy-five cents; For the completion of the annex to the mechanical building mentioned in the title of this Act, one thousand, four hundred and ninety-eight dollars. For amount due Richard Ryland for extra work under his contract for the construction of the building used by male students by reason of changes made by the use of other stone than that contemplated in the making of the contract, two hundred and fifty dollars. Sec. 2. The Board of Regents are hereby directed to pay the amounts so appropriated for the purpose named in section one of this Act. Sec. 3. The money hereby appropriated shall be taken from the State School Fund, and in its place shall be deposited twelve bonds, eleven of which shall be for a thousand dollars each, and one of which shall be for seven hundred and sixty-four dollars and twenty cents, bearing interest at the rate of four per cent per annum. Said bond shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the great seal of the State, and shall state in substance that the State of Nevada owes its said School Fund eleven thousand seven hundred and sixty-four dollars and twenty cents, the interest on which at four per cent per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State. |
κ1897 Statutes of Nevada, Page 119 (CHAPTER 105)κ
|
authenticated with the great seal of the State, and shall state in substance that the State of Nevada owes its said School Fund eleven thousand seven hundred and sixty-four dollars and twenty cents, the interest on which at four per cent per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed as is usual in similar cases, and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually on the first days of January and July of each year on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the State University Interest and Sinking Fund hereby created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 4. There shall be levied and collected for the fiscal year commencing January first, 1897, and annually thereafter, an ad valorem tax of one cent on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State University Interest and Sinking Fund for the payment of interest and redemption of bonds herein authorized by this Act. Sec. 5. An Act to provide for building, completion and equipment of a mechanical building and the completion and equipment of a gymnasium at the State University at Reno, Nevada, approved March 3, 1897, is hereby repealed. |
Bonds to be signed.
Interest paid semi-annually.
To go into General School Fund.
Ad valorem tax to be levied and collected.
Repeal. |
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Chap. CVI.An Act to regulate the settlement of the estates of deceased persons.
[Approved March 23, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Wills may be proved and letters testamentary or of administration granted in the county of which deceased was a resident at the time of death, whether death occurred in such county or elsewhere, and the District Court of such county shall have exclusive jurisdiction of the settlement of such estates, whether such estate is in one or more counties. The estate of a non-resident decedent may be settled by the District Court of any county wherein any part of such estate may be. The District Court to which application shall first be made shall have exclusive jurisdiction of the settlement of such estates. Sec. 2. Any person having any will in his possession shall within ten days after knowledge of the death of the person who executed such will deliver it into the District Court that has jurisdiction of the case, or to the person named in such will to execute it. |
District Court to have exclusive jurisdiction.
Wills to be delivered to Court. |
κ1897 Statutes of Nevada, Page 120 (CHAPTER 106)κ
|
Person named as executor.
Renunciation of trust.
Petition.
Liability for neglect.
Petition for probate.
By interested person.
Production of will.
Penalty.
Petition to be signed and filed. |
has jurisdiction of the case, or to the person named in such will to execute it. Sec. 3. Any person named as executor or executrix in any will shall within fifteen days after the death of the testator or testatrix, or within fifteen days after knowledge of such naming, present the will, if in possession of it, to the District Court. Sec. 4. Any person so named may decline the trust by filing a renunciation in writing. If such person intends to accept the trust, there shall be presented a petition for the probating of such will, setting forth in such petition the facts necessary to give the Court jurisdiction, and, when the same are known, the names, ages and residence of the heirs and devisees of the deceased, also the character and probable value of the estate and praying that the will be admitted to probate, and that letters testamentary be issued thereon to the party entitled thereto. If the jurisdictional facts existed, but are not fully set forth in the petition and the same shall be afterwards proved in the course of the administration, the probate of the will and the subsequent proceedings shall not on account of such want of jurisdictional averments be held void. Sec. 5. Every person who shall neglect to perform any of the duties required in the preceding sections, without reasonable cause, shall be liable to every person interested in the will for the damages such interested person may sustain by reason of such neglect. Sec. 6. Any person named in a will to execute it, though not in possession of such will, may present a petition to the District Court having jurisdiction, praying that the person in possession of the will may be required to produce it, that it may be admitted to probate, and that letters testamentary be issued. Sec. 7. Any person having an interest in a will may, in like manner, present a petition, praying that it may be required to be produced and admitted to probate. Sec. 8. If it be alleged in any petition that any will of a deceased person is in the possession of a third person, and the Court shall be satisfied that the allegation is correct, an order shall be issued and served upon the person having possession of the will, requiring such person to produce it at a time to be named in the order. Sec. 9. Any person having the possession of a will and neglects or refuses to produce it in obedience to such order, such person may, by warrant from the Court, be committed to the jail of the county, and be kept in close confinement until such person produces the will. Sec. 10. All petitions for the probate of a will, and for the issuance of letters, shall be signed by the party petitioning, or the attorney for such petitioners, and filed with the Clerk of the Court who shall publish a notice in some newspaper, if there is one printed in the county, if not, then by posting such notice in three public places in the county, stating in such notice the filing of such petition, the object, and designating a time for providing such will, which shall not be less than ten nor more than twenty days. |
κ1897 Statutes of Nevada, Page 121 (CHAPTER 106)κ
|
a time for providing such will, which shall not be less than ten nor more than twenty days. Sec. 11. The Judge may make all necessary orders to enforce the production of any will at chambers. Sec. 12. If the heirs of the deceased reside in the county, the party petitioning for the probate of a will shall obtain from the Clerk a citation and cause it to be served upon such heirs, requiring them to appear and contest the probate of the will at the time appointed by the Clerk, if they so desire. Such citation shall be served at least three days before the time so appointed. Sec. 13. If a petition for probate is presented by any person other than the one named in the will to execute it, or if it is presented by one of several of such persons named in the will, citation shall in like manner issue and be served upon such not joining in the petition, if resident within the county. Sec. 14. The Clerk shall also issue subpenas to the subscribing witnesses to a will, if they reside in the county. Sec. 15. At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise, to the satisfaction of the Court, that notice has been given as required by the preceding sections, the Court shall proceed to hear the testimony in proof of the will. All witnesses who appear and are sworn shall testify orally. Sec. 16. Any person interested may appear and contest the probate of a will. If it appears that there are minors or other persons who are interested in the estate, but reside out of the county, and are unrepresented, the Court shall appoint some attorney to represent them. Sec. 17. If no person shall appear to contest the probate of a will, the Court may admit it to probate on the testimony of one of the subscribing witnesses only, if such testimony shall show, that the will was executed in all particulars, as required by law, and that the testator or testatrix was of sound mind at the time of its execution. Sec. 18. If any person appears to contest the probate of a will, such person shall file a statement in writing, setting out the grounds of contest, and file the same with the Clerk, which shall constitute a joinder of such issues of fact as may be alleged in opposition to the will, such as respects the competency of the deceased to make a last will and testament, or respecting the execution by the deceased of such last will and testament, under restraint, or undue influence, or fraudulent representations, or for any other cause affecting the validity of such will. And any and all issues of fact shall be tried as issues of facts are tried in other cases in the District Court. Sec. 19. When the probate of a will is contested all the subscribing witnesses who are present in the county, and who are of sound mind, must be produced and examined, and the death, absence or insanity of any of them shall be satisfactorily shown to the Court. |
Powers of Judge.
Citation to heirs.
To persons named in will.
Subpenas.
Hearing of proof.
Who may contest.
One witness sufficient.
Contest and proceedings.
To be examined. |
κ1897 Statutes of Nevada, Page 122 (CHAPTER 106)κ
|
Certificates of proof.
To be recorded.
Evidence.
Valid, when.
Probate of copy.
Lost will, how proven.
Same.
Pending proof.
Letters to be issued, when. |
death, absence or insanity of any of them shall be satisfactorily shown to the Court. Sec. 20. If the Court shall be satisfied upon the proof taken when heard by the Court, or by the verdict of a jury, in case a jury trial is had, that the will was duly executed by a person at the time of sound and disposing mind, and not under restraint, undue influence or fraudulent representation, the Court, by decree in writing, shall admit the will to probate, whereupon the will and the decree admitting it to probate shall be recorded together by the Clerk in a book to be provided for that purpose. Sec. 21. A copy of the record of the will and decree admitting it to probate, exemplified by the Clerk in whose custody it may be, shall be received in evidence and be as effectual in all cases as the original would be if proved. Sec. 22. All wills which shall have been duly proved and allowed in any other of the United States, or any Territory thereof, or in any foreign country or State, may be admitted to probate by the District Court of any county in which the deceased shall have left any estate; provided, it has been executed in conformity with the laws of the place where made. Sec. 23. When a copy of a will, as mentioned in the preceding sections, and the probate thereof, duly authenticated, shall be filed in the Clerks office, with a petition for letters, notice shall be given for the hearing thereof, and such proceedings shall be had as in case of an original will for probate, and with like force and effect. Sec. 24. Whenever any will shall be lost by accident, or destroyed by fraud, the District Court shall have power to take proof of the execution and validity of such will, and to establish the same, notice to all persons interested having been first given, as prescribed in regard to proofs of wills in other cases. Sec. 25. No will shall be allowed to be proved as a lost or destroyed will unless the same shall be proved to have been in existence at the time of the death of the person whose will it is claimed to be, or be shown to have been fraudulently destroyed in the lifetime of such person, nor unless its provisions shall be clearly and distinctly proved by at least two credible witnesses. Sec. 26. If before or during the pendency of an application to prove a lost or destroyed will letters of administration shall have been granted upon the estate of the deceased, or letters testamentary of any previous will of such deceased, the Court shall have authority to restrain such administration if necessary to protect the interests of legatees or devisees claiming under the lost or destroyed will. Sec. 27. When any will shall have been admitted to probate the District Court shall direct letters thereon to issue to the person or persons named in the will to execute the same, who may be competent to discharge the trust, and who shall appear and qualify. Sec. 28. No person shall be deemed competent to serve as executor or executrix who at the time the will is probated shall be: First-Under the age of majority; or, second, who shall have been convicted of an infamous crime; or, third, who, upon proof, shall be adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence or want of understanding. |
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be: First-Under the age of majority; or, second, who shall have been convicted of an infamous crime; or, third, who, upon proof, shall be adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence or want of understanding. If any such person be named as the sole executor or executrix in any will, or if all persons so named are incompetent, or shall renounce the trust, or fail to appear and qualify, letters of administration with the will annexed shall issue. Sec. 29. Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors or executrixes, or any of them, and such objections shall be heard and determined by the Court. A petition may also be filed for the issuance of letters of administration, with the will annexed, in all proper cases. Sec. 30. When an unmarried woman who shall have been appointed executrix shall marry, her marriage shall extinguish her authority. When a married woman is nominated as executrix she may be appointed and serve, in all respects, as if she were a femme sole. Sec. 31. No executor of an executor shall as such be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor or executrix of any last will, letters of administration, with the will annexed of the estate of the first testator or testatrix left unadministered, shall be issued. Sec. 32. When any person under the age of twenty-one years shall be named executor, or under the age of eighteen years executrix, letters of administration with the will annexed shall be granted, during the minority of such person, unless there is another executor or executrix, who shall accept the trust and qualify, in which case letters testamentary shall issue to such, who shall administer the estate, until the minor shall arrive at legal age, when such may be admitted as joint executor or executrix. Sec. 33. When all the persons named as executors or executrixes shall not be appointed by the Court, such as shall be appointed shall have the same authority to perform every act and discharge every trust required by the will, and their acts shall be effectual for every purpose as if all had been appointed, and should act together. When there are two executors or administrators the acts of one alone shall be valid if the other is absent from the State, or for any cause is laboring under any legal disability and when there are more than two, the act of a majority shall be sufficient. Sec. 34. Administrators with the will annexed shall have the same authority as the executor named in the will would have had if he should have qualified, and their acts shall be as effectual for every purpose. Sec. 35. Letters testamentary and of administration with the will annexed shall be signed by the Clerk and be under the seal of the Court. Sec. 36. Letters testamentary may be in substantially the following form, |
Executors, who competent.
Objections to executors.
Authority revoked.
Executor of executor.
Letters to minors.
Powers of one or more of several executors.
Power of administrator.
Letters signed. |
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Form of.
Form of, with will annexed.
Who entitled to letters.
To have preference.
When equally entitled.
Who not entitled.
Marriage revokes.
Application by petition. |
following form, to wit (after properly entitling Court and cause): The last will of __________, deceased, having been duly admitted to probate in our said Court, __________, who, is named therein, was by our said Court on the ___ day of _____, 189__, duly appointed executor, who having qualified as such (is) hereby authorized to act by virtue thereof. In testimony whereof I have officially signed these letters and affixed hereto the seal of said Court, this ___ day of _____, 189__. Sec. 37. Letters of administration with the will annexed may be substantially in the following form, to wit (after properly entitling the Court and cause): The last will of __________, deceased, having been duly admitted to probate in our said Court, and there being no executor named in said will (or as the case may be), __________ was by our said Court, on the ___ day of _____, 189__, duly appointed as administrator with the will annexed, and who, having duly qualified as such, is hereby authorized to act by virtue thereof. In testimony whereof I have officially signed these letters and affixed hereto the seal of said Court, this ___ day of _____, 189__. Sec. 38. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: First-The surviving husband or wife, or such person, as he or she may request to have appointed. Second-The children. Third-The father, or mother. Fourth-The brother. Fifth-The sister. Sixth-The grandchildren. Seventh-Any other of the kindred entitled to share in the distribution of the estate. Eighth-The creditors. Ninth-The Public Administrator. Tenth-Any of the kindred, not above enumerated, within the fourth degree of consanguinity. Eleventh-Any person or persons legally competent. Sec. 39. When there shall be several persons claiming and equally entitled to the administration, males shall be preferred to females, and relatives of the whole blood to those of the half blood. Sec. 40. When there are several persons equally entitled to the administration the Court may, in its discretion, grant letters to one or more of them. Sec. 41. No person shall be entitled to letters of administration who shall be: First-Under the age of majority; or, second, who shall have been convicted of an infamous crime; or, third, who upon proof shall be adjudged by the Court incompetent to execute the duties of the trust, by reason of drunkenness, improvidence or want of integrity or understanding. Sec. 42. When any unmarried woman who shall have been appointed administratrix shall marry, her marriage shall extinguish her authority. Sec. 43. Application for letters of administration shall be made by petition in writing, signed by the applicant or his attorney, and filed in the office of the Clerk of the Court. The petition must state the facts essential to give the Court jurisdiction of the Case, and when known the names, ages and residence of the heirs of the deceased; also the character and value of the property. |
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residence of the heirs of the deceased; also the character and value of the property. When filed the Clerk shall give notice thereof by causing notices to be posted up in at least three public places in the county, one of which shall be at the place where the Court is held. The notice shall state the name of the deceased, the name of the applicant, and designate a day on which the application will be heard, which shall be at least ten days after posting the notices. If the jurisdictional facts existed but are not fully set forth in the petition, and the same shall afterwards be proved in the course of the administration, the administration shall not be void on account of a want of such jurisdictional averments. Sec. 44. Any person interested may contest the application by filing a written opposition thereto, on the ground of the incompetency of the applicant, or may assert his own right to the administration, and pray that letters be issued to himself. Sec. 45. On the hearing, it being first proved that proper notice has been given, the Court shall proceed to hear the allegations and proof of the parties, and to order the issuance of letters of administration, as the case may require. Sec. 46. An entry in the minutes of the Court that proof was made that notice had been given according to law shall be conclusive evidence of the fact of such notice. Sec. 47. Letters of administration may be granted to any applicant, though it appear that there are other persons having better rights to the administration, when such fail to appear and claim the issuance of letters to themselves. Sec. 48. Before letters of administration shall be granted on the estate of any person who is represented to have died intestate, the fact of his having died intestate shall be proved by the testimony of the applicant and any other testimony that may be produced. Proof must also be made concerning the time, place and manner of death, the place of his residence at the time of his death, the location, character and value of his property, and whether the deceased left a will. Any person may be compelled to attend as a witness for such purpose. Sec. 49. Administration may be granted to one or more competent persons, although not entitled to the same, at the request of the person entitled to be joined with such persons. The request shall be in writing and filed in the Court. When the person entitled is a non-resident of the State his request, acknowledged before a Notary Public or other officer having a seal, and authorized by the laws of the State or Territory to take acknowledgements, may be received as prima facie evidence of the identity of the party, upon which the letters shall be ordered issued as requested, if the person is competent. Sec. 50. When letters of administration have been granted to any other person than the surviving husband or wife, the child, the father, mother, brother or sister of the intestate, any one of them may obtain the revocation of the letters by presenting to the District Court a petition praying the revocation, and that letters of administration be issued to him or her. |
Notices to be posted.
Who may contest.
Hearing application.
Evidence.
Letters may be granted.
Proof of death.
Granted at request of others.
Revocation. |
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Citation to answer.
Hearing.
Surviving husband or wife.
Form of letters.
Oath to be recorded.
Bond.
Additional bond.
Bond sued on. |
Sec. 51. When any such petition shall be filed, a copy must be served upon the administrator, when the matter shall be deemed at issue, and may be brought on for hearing at any time thereafter, by consent of parties or by either party, on giving the other party two days previous notice that he will move the Court to set the matter for a day certain. Upon the hearing, the Court being satisfied that a copy of the petition has been duly served upon the administrator, shall proceed to hear the allegations and proofs of the parties, and if the right of the applicant is established, and he or she be competent, letters of administration shall be granted to the applicant and the letters of the former administrator revoked. Sec. 52. The surviving husband or wife, when letters of administration have been granted to a child, the father or mother, brother or sister of the intestate, or any other person, may assert his or her prior right, and obtain letters of administration and have the letters before granted revoked in the manner prescribed in the two preceding sections. Sec. 53. Letters of administration shall be signed by the Clerk, and be under the seal of the Court, and may be in the following form, to wit (after properly entitling Court and cause): This is to certify that, by order of the above-named Court made and entered on the ___ day of _______, 189__, __________ was appointed administrat___ of the estate of __________, deceased, by virtue of which these letters are issued this ___ day of _____, 189__, he having duly qualified. Witness my official signature, with the seal of the Court affixed. Sec. 54. Before letters testamentary or of administration shall be issued to the executor or administrator he shall take and subscribe an oath or affirmation before the Clerk that he will perform, according to law, the duties of executor or administrator; said oath shall be filed and recorded by the Clerk. All duly certified copies of any record or paper in matters of estates shall have the same force and effect in all cases whatsoever as the original papers would have. Sec. 55. Every person to whom letters testamentary (unless the will otherwise provides) or of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the people of the State of Nevada, with two or more sureties to be approved by the District Judge. In form the bond shall be joint and several, and the penalty shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the Court by the examination on oath of the party applying, and of any other persons the Judge may think proper to examine. The District Judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold. The bond shall be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and shall be recorded by the Clerk. Sec. 56. The bond shall not be void upon the first recovery, but may be sued upon from time to time by any person aggrieved in his or her own name until the whole penalty is exhausted. |
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aggrieved in his or her own name until the whole penalty is exhausted. Sec. 57. In all cases when bonds are required by this Act, the sureties must justify on oath before the Judge or Clerk of a Court having a seal, or before a Notary Public, or a Justice of the Peace of the county, to the effect that they are householders, or freeholders, within this State and worth the amount for which they become surety; over and above all just debts and liabilities, exclusive of property exempt from execution, and such justification must be signed by the sureties and certified by the officer taking the same and endorsed on or attached to and filed with the bond. When the whole penal sum of such bond exceeds two thousand dollars, sureties may go thereon for any sum not less than five hundred dollars, so that the whole be equal to two sufficient sureties for the whole penal sum. Sec. 58. Before the District Judge approves any bond required by this Act, he may of his own motion, or at any time after the approval of such bond, upon motion of any person interested in said estate, supported by affidavit that any one or all of such sureties is or are not worth as much as justified to, order a citation to issue, requiring such surety or sureties to appear before him at a particular time and place, to testify touching his or their property, and its value; and the Judge shall at the time such citation is issued cause a notice or subpena to issue to the executor or administrator, requiring his appearance at the return of the citation. Upon the return of the citation the Judge may swear the surety and such witnesses as may be produced touching the property and its value of such surety or sureties; and if upon such investigation the Judge is satisfied that the bond is insufficient, he may require sufficient additional surety within such time as may be reasonable. Sec. 59. If sufficient surety is not given within the time fixed by the Judges order, or such further time as the Judge may give, the right of such executor or administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, shall be appointed to the administration. Sec. 60. When it is expressly provided in the will of a deceased that no bond shall be required of the executor or executrix, letters testamentary may issue without any bonds having been given; but an executor or executrix to whom letters have been issued without bonds may, at any time afterwards, whenever it shall be shown for any cause to be necessary or proper, be required to approve and file a bond as in other cases. Sec. 61. Whenever any person interested in an estate shall discover that the sureties of any executor or administrator have become or are becoming insolvent, or that they or any one have or has removed from or are or is about to remove from the State, or that from any other cause the bond is insufficient, such person may apply by petition to the District Judge praying that further security be given. |
Sureties to justify, before whom.
Doubtful sureties.
Failure to give.
Without bond, when.
Further security. |
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Citation to issue.
Hearing of application.
Powers to cease.
Pending application.
May require further security.
Released, how.
Not liable, when.
Powers suspended. |
such person may apply by petition to the District Judge praying that further security be given. Sec. 62. If the District Judge shall be satisfied that the matter requires investigation he shall direct the Clerk to issue a citation to the party complained of requiring him to appear at a time and place, to be therein specified, to show cause why he or she should not give further surety. The citation shall be served personally on the executor or administrator, executrix or administratrix, at least five days before the return day. If he or she shall have absconded or cannot be found it may be served by leaving a copy of it at his or her last place of abode. Sec. 63. On the return of the citation, or at such other time as the Judge may appoint, he shall proceed to hear the allegations and proof of the parties. If it shall satisfactorially appear that the security is from any cause insufficient he may make an order requiring the executor or administrator to give additional security, or to file a new bond in the usual form within such reasonable time as the Judge may fix. Sec. 64. If the executor or administrator neglect to comply with the order within the time prescribed, the Judge shall, by order, revoke his letters, and his authority shall thereupon cease. Sec. 65. When a petition is presented praying that an executor or administrator be required to give further security, and when it also shall be alleged on oath or affirmation that the executor or administrator is wasting the property of the estate, the Judge may, by order, suspend his powers until the matter can be heard and determined. Sec. 66. When it shall come to his knowledge that the bond of any executor or administrator is from any cause insufficient, it shall be the duty of the District Judge, without any application, to cause him to be cited to appear and show cause why he should not give further security, and to proceed thereon as upon the petition of any person interested. Sec. 67. When any one or all of the sureties of any executor or administrator shall desire to be released from any further liability as such surety, he or they may file a petition with the Clerk praying for relief, whereupon the Clerk shall issue a citation to the executor or administrator requiring him to appear before the Court, at a time to be therein stated, to show cause why the prayer of said petition should not be granted and he give further security. Such citation shall be served personally, and made returnable not later than ten days from its date. Sec. 68. If new sureties be given to the satisfaction of the Judge, he may thereupon make an order that the surety or sureties who applied for relief shall not be liable for any subsequent act, default or misconduct of the executor or administrator. Sec. 69. If the executor or administrator neglect or refuse to give new sureties to the satisfaction of the Judge, on the return of the citation, the Court or Judge being satisfied the citation has been personally served, or within such reasonable time as the Judge shall allow, not exceeding five days, unless the surety or sureties petitioning shall consent to a longer extension of time, the Court or Judge shall revoke the letters granted. |
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citation has been personally served, or within such reasonable time as the Judge shall allow, not exceeding five days, unless the surety or sureties petitioning shall consent to a longer extension of time, the Court or Judge shall revoke the letters granted. Sec. 70. When there shall be a delay in granting letters testamentary or administration, from any cause, or when such letters shall have been granted irregularly or no sufficient bond shall have been filed as required by law, or when no petition shall be filed for such letters, and in any other proper case, the District Judge shall appoint a special administrator to collect and take charge of the estate of the deceased, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary to preserve the estate. Sec. 71. The appointment may be made at chambers, and without notice, and shall be made by entry upon the minutes of the Court, which shall specify the powers to be exercised by the administrator. Upon such order being entered, and after the person appointed has given bonds, as fixed by the Judge, the Clerk shall issue letters of administration, with a certified copy of the order attached, to such person. Sec. 72. In making the appointment of a special administrator, the District Judge shall give preference to the person or persons entitled to letters testamentary or of administration, but no appeal shall be allowed from the appointment. Sec. 73. The special administrator shall collect and preserve for the executor or administrator when appointed, all the goods, chattels and debts of the deceased, all incomes, rents, issues and profits, claims and demands of the estate, shall take charge and management of, enter upon and preserve from damage, waste and injury the real estate, and for any such and all necessary purposes may commence, maintain or defend suits and other legal proceedings as an administrator. He may sell such perishable estate as the District Court may order to be sold, and may exercise such other powers as may have been conferred upon him by his appointment; but in no case shall he be liable to an action by any creditor, on any claim against the estate, nor pay any claim against the deceased. Sec. 74. When letters testamentary or of administration shall be granted on the estate of the deceased, the powers of the special administrator shall cease and he shall forthwith deliver to the executor or administrator all the property and effects of the deceased in his hands, and the executor or administrator may be permitted to prosecute to final judgment any suit commenced by the special administrator. Sec. 75. The special administrator shall also render an account, under oath, of his proceedings in like manner as other administrators are required to do. Sec. 76. Whenever an executor or administrator shall die or his letters be revoked, and the circumstances require the immediate appointment of an administrator, the District Judge may appoint a special administrator, as provided in the preceding sections. |
Special appointed.
Appointment how made.
Who to have preference.
Powers and duties.
Powers cease, when.
To render account.
Special appointed. |
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Remaining executor to proceed.
Shall issue letters, when.
Letters revoked.
New administration.
Resignation.
Before revocation.
Evidence.
Judge not competent, when. |
may appoint a special administrator, as provided in the preceding sections. Sec. 77. In case any one of several executors or administrators of the same estate to whom letters shall have been granted shall die, become lunatic, be convicted of an infamous crime, or otherwise become incapable of executing the trust, or, in case the letters testamentary or of administration shall be revoked or annulled according to law with respect to any one executor or administrator, the remaining executor or administrator shall proceed and complete the execution of the will or administration. Sec. 78. If all such executors or administrators shall die or from any cause become incapable of executing the trust, or the power and authority of all of them shall be revoked or annulled according to law, the District Court shall direct letters of administration with the will annexed or otherwise to be issued to the widow, next of kin or others, in the same manner as directed in relation to original letters of administration. The administrator so appointed shall give bond in like penalty with like sureties and conditions as hereinbefore required of administrators and shall have the like power and authority. Sec. 79. If after granting letters of administration on the ground of intestacy, a will of the deceased shall be duly proved and allowed by the Court, the letters of administration shall be revoked and the power of the administrator shall cease, and he shall render an account of his administration within such time as the Court shall direct. Sec. 80. In such case, the executor of the will or the administrator with the will annexed shall be entitled to demand, sue for and collect all the goods, chattels and effects of the deceased remaining unadministered, and may prosecute to final judgment any suit commenced by the administrator before the revocation of his letters. Sec. 81. Any executor or administrator may at any time, by writing filed in the District Court, resign his appointment; provided, he shall first settle his accounts and deliver up all the estate to such person as may be appointed by the Court. Sec. 82. All acts of an executor or administrator as such, before the revocation of his letters testamentary or of administration, shall be as valid to all intents and purposes as if such executor or administrator had continued to execute lawfully the duties of his trust. Sec. 83. A transcript from the minutes of Court, showing the appointment of any person as executor or administrator, together with the certificate of the Clerk, under his hand and the seal of the Court that such person has given bond and been qualified, and that letters testamentary or of administration have been issued to him, and have not been revoked, shall have the same effect in evidence as the letters themselves. Sec. 84. No District Judge shall admit to probate any will, or grant letters testamentary, or of administration, in any case where he shall be interested as next of kin to the deceased or as a legatee or devisee under the will, or where he shall be named as executor or trustee in the will, or shall be a witness thereto. |
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named as executor or trustee in the will, or shall be a witness thereto. Sec. 85. When any District Judge who would otherwise be authorized to act shall be precluded from acting from the causes mentioned in the preceding section, or when he shall in any manner be interested, he shall call a District Judge of another district to hold the Court of his county; and such Judge shall hold such Court, and be vested with all the powers of the Court and Judge so disqualified, and shall retain jurisdiction as to all subsequent proceedings in regard to the estate. Sec. 86. Every executor or administrator shall make and return to the Court, within twenty days after his appointment, unless the Court shall extend the time, a true inventory and appraisement of all the estate of the deceased which shall have come to his possession or knowledge. Sec. 87. For the purpose of making the appraisement, the Court or Judge shall appoint three disinterested persons, any two of whom may act, and who shall be entitled to a reasonable compensation for their services, to be allowed by the Court. This compensation as allowed shall be in the form of a bill of items for their services, including all necessary disbursements, which shall be sworn to by them, and filed at the same time as the inventory. The compensation shall not exceed five dollars per day each, and may be paid out of the estate at any time. The inventory shall include all the estate of the deceased, wherever situated. Sec. 88. Before proceeding to the execution of their duty, the appraisers, before any officer authorized to administer oaths, shall take and subscribe an oath to be attached to the inventory, that they will truly, honestly and impartially appraise the property which shall be exhibited to them or called to their attention, according to the best of their knowledge and ability. They shall then proceed to appraise the property of the estate; each article or parcel shall be set down separately with the value thereof in dollars and cents, in figures, opposite to each article or parcel respectively. The inventory shall contain all the estate of the deceased, real and personal; a statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money, belonging to deceased, specifying the name of the debtor in each security, the date, the sum originally payable, the indorsements thereon if any, with their dates, and the sum which in the judgment of the appraisers may be collectible on each debt, interest or security. The inventory shall also show, so far as can be ascertained, what portion of the estate is community property, and what portion is the separate property of the deceased; also an account of all moneys belonging to the deceased which shall have come to the hands of the executor or administrator. Sec. 89. The naming of any person as executor in a will shall not operate as a discharge of any just claim which the testator had against such person, but the claim shall be included in the inventory, and the person named as executor shall be liable for the same, or for so much money in his hands at the time the debt or demand becomes due, if he be the executor. |
Another Judge may act.
Inventory, return of.
Appraisement, how made.
Compensation.
To take oath.
Inventory to contain.
Does not discharge debt. |
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Not valid.
Oath of appraisers.
Non-return of inventory.
Supplemental inventory.
Right of possession.
Personal estate. |
shall be liable for the same, or for so much money in his hands at the time the debt or demand becomes due, if he be the executor. Sec. 90. The discharge or bequest in a will of any debt or demand of the testator against any person named as executor in his will, or against any other person, shall not be valid against the creditors of the deceased, but shall be construed as a specific bequest only of such debt or demand; and the amount thereof shall be included in the inventory and shall, if necessary, be applied in payment of his debts. If not necessary for that purpose, it shall be disposed of in the same manner as other specific legacies or bequests. Sec. 91. The inventory shall be signed by the appraisers, and the executor or administrator shall take and subscribe an oath, before any officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the deceased which has come his possession or of which he has knowledge, and particularly of all moneys belonging to the deceased, and of all just claims of the deceased against the executor or administrator. The oath shall be indorsed upon or annexed to the inventory. Sec. 92. If any executor or administrator shall neglect or refuse to return the inventory, within the time prescribed, or within such further time as the Court or Judge shall, for good cause, allow, the Court may, with or without further notice, revoke the letters testamentary or of administration, and the executor or administrator shall be liable on his bond for any injury sustained by the estate through his neglect. Sec. 93. Whenever any property not mentioned in any inventory that shall have been made shall come to the possession or knowledge of the executor or administrator, he shall return a supplementary inventory of such property within twenty days after the discovery thereof in the same manner as an original inventory. If the first appraisers are not in the county others may be appointed. The Court may enforce the making of a supplementary inventory as an original. Sec. 94. The executor or administrator shall have a right to the possession of all the real as well as personal estate of the deceased, and may receive the rents and profits of the real estate until the estate shall be settled, or until delivered over by order of the District Court to the heirs or devisees, and shall keep in good tenantable repair all houses, buildings and fences thereon which are under his control. Sec. 95. The personal estate of the deceased which shall come into the hands of the executor or administrator shall be first chargeable with the payment of the debts and expenses, and if the goods, chattels, rights and credits in the hands of the executor or administrator shall not be sufficient to pay the debts, expenses of administration and the allowances to the family of the deceased the whole, or such part as may be necessary for that purpose, of the real estate may be sold in the manner prescribed in this Act. Sec. 96. If any person, before the granting of letters testamentary or of administration, |
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mentary or of administration, shall convert to his or her own use, take or alienate any of the moneys, goods, chattels or effects of any deceased person, he shall stand chargeable and be liable to an action by the executor or administrator of the estate for double the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate. Sec. 97. If any executor or administrator, heir, devisee, legatee, creditor or other person interested in the estate of any deceased person shall complain, on oath, to the District Judge that any person has, or is suspected to have, concealed, converted to his or her own use, conveyed away or otherwise disposed of any moneys, goods, chattels or effects of the deceased, or that he has in his possession or knowledge, any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title or interest of the deceased in or to any real or personal estate, or any claim or demand, or any last will of the deceased, the said Judge may cause such person to be cited to appear before the District Court to answer, upon oath, upon the matter of such complaint. If such person be not in the county when letters have been granted, he or she may be cited and examined either before the District Court of the county where he may be found, or before the Court issuing the citation. But if in the latter case such person appears and shall be found innocent, his or her necessary expenses shall be allowed out of the estate. Sec. 98. If the person so cited should refuse to appear and submit to such examination, or to testify touching the matter of such complaint, the Court may commit such person to the County Jail, there to remain confined until he or she shall obey the order of the Court, or be discharged according to law, and if upon such examination it shall appear that such person has concealed, converted to his or her own use, smuggled, conveyed away, or in any manner disposed of any moneys, goods or chattels of the deceased, or that he has in his possession or under his control any deeds, conveyances, bonds, contracts or other writings, which contain evidence of, or tend to disclose, the right, title, interest or claim of the deceased to any real or personal estate, claim or demand, or any last will of the deceased, the District Court may make an order requiring such person to deliver any such property or effects to the executor or administrator, at such time as the Court may fix, and should such person fail to comply with such order, the Court may commit he or she to the County Jail till such order shall be compiled with, or the person discharged according to law. The order of the Court for the delivery of such property shall be prima facie evidence of the right of the executor or administrator to such property in any action that may be brought for the recovery thereof; and any judgment recovered therein shall be for double the value of the property, and damages in addition thereto equal to the value of such property. In addition to the examination of the party, witnesses may be produced and examined on either side. Sec. 99. The District Judge, upon the complaint on oath of any executor or administrator, |
Embezzlement.
Proceedings for.
Penalty for refusing to answer. |
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Cited to appear.
May retain homestead.
May be set apart.
Allowance for family.
Allowance, priority of.
How apportioned.
Estate not administered upon, when. |
any executor or administrator, may cause any person who shall have been intrusted by such executor or administrator with any part of the estate of the decedent to be cited to appear before such Court and render on oath a full account of any money, goods, chattels, bonds, accounts or other papers or effects belonging to the estate which shall have come into his possession in trust for the executor or administrator, and if the person so cited shall fail or refuse to appear and render such account, he or she may be proceeded against as provided in the preceding section. Sec. 100. When any person shall die leaving a widow or a minor child or children, the widow, child or children shall be entitled to remain in possession of the homestead and of all the warning apparel and provisions on hand of the family, and all of the household furniture, and shall also be entitled to a reasonable provision for their support, to be allowed by the District Judge at chambers or in Court. Sec. 101. Upon the return of the inventory or at any time thereafter during the administration, the Court or Judge, of his own motion or an application, may set apart for the use of his own motion or an application, may set apart for the use of the family of the deceased all personal property which is exempt by law from execution, and the homestead as designated by the general homestead law now in force, whether such homestead has theretofore been selected as required by said law or not, and the property thus directed to be set apart shall not be subject to administration. Sec. 102. If the whole property exempt by law be set apart, and should not be sufficient for the support of the widow, child or children, the District Court or Judge shall make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family according to their circumstances during the progress of the settlement of the estate, which in case of an insolvent estate shall not be longer than one year after granting letters of administration. Sec. 103. Any allowance made by the Court or Judge in accordance with the provisions of this Act shall be paid by the executor or administrator in preference to all other charges, except funeral charges. Sec. 104. When property shall have been set apart for the use of the family, in accordance with the provisions of this Act, if the deceased shall have left a widow and no minor child, such property shall be the property of the widow. If he shall have left a minor child, or children also, the one-half of such property shall belong to the widow, and the remainder to the child, or in equal shares to the children, if there be more than one. If there be no widow, the whole shall belong to the child or children. Sec. 105. When any person shall die, leaving an estate the whole value of which does not exceed five hundred dollars, and there be a surviving husband or wife, and a minor child or children, such estate shall not be administered upon, but the whole thereof shall be by the Court or Judge, by an order for that purpose, assigned and set apart for the support of the surviving husband or wife and minor children of deceased, or for the support of the minor child or children, if there be no surviving husband or wife. |
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surviving husband or wife and minor children of deceased, or for the support of the minor child or children, if there be no surviving husband or wife. Such order may be made by the Court or Judge on motion made by, or on behalf of, the surviving husband or wife, or next friend of any minor child or children, upon an affidavit setting forth the necessary facts, and the Court or Judge being satisfied that the value of the whole of such estate does not exceed five hundred dollars. Sec. 106. If the widow has a maintenance derived from her own property equal to the portion set apart to her under the provisions of this Act, the whole property so set apart shall go to the minor children. Sec. 107. Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county, if there be one, if not then in such newspaper as may be designated by the Court or Judge, and post copies thereof in three public places of the county, a notice of his appointment as such executor or administrator. Such notice shall be properly entitled of Court and cause, specifying the date of appointment, the name of the deceased, and shall be dated and officially signed by the executor or administrator. Such notice shall be published for at least once a week for four weeks. After the notice shall have been given as above required a copy thereof, with the affidavit of publication and posting, shall be filed. Sec. 108. All persons having claims against the deceased must, within sixty days, after the first publication of the notice specified in the preceding section, file the same with the necessary vouchers with the Clerk of the Court, who shall file and register each claim. If a claim be not filed with the Clerk within sixty days after the first publication of said notice it shall be forever barred; provided, that when it shall be made to appear by the affidavit of the claimant that he had no notice as provided in this Act to the satisfaction of the Court or Judge by reason of absence from the State, it may be filed any time before final distribution is made. Sec. 109. Every claim filed with the Clerk shall be supported by the affidavits of the claimant that the amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the _____ day of _____, 18___), that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant the reasons why it is not made by the claimant shall be set forth in the affidavit. The oath may be taken before any officer authorized to administer oaths. The amount of interest shall be computed and included in the statement of the claim and the rate of interest determined. Sec. 110. Any District Judge may file a claim against the estate of any deceased person, and have the same rights and remedies in reference thereto as any other creditor filing a claim. |
To go to the children, when.
Publication of notice.
Claims, when barred.
Proviso.
Sworn to.
Claim of Judge or executor. |
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Claims, endorsement of.
Claims rejected, suit on.
Barred.
Before suit.
Limitation.
Same.
Allowance in part. |
claim. Any executor or administrator may file a claim against the estate or any deceased person. Sec. 111. Within fifteen days after the time for filing claims has expired as hereinbefore provided, the executor or administrator shall examine all claims filed, and indorse on each claim his allowance or rejection with the day and the year thereof, and within five days after the fifteen days in this section first specified, the executor or administrator shall present all claims allowed by him to the District Judge for his approval or rejection. If an executor or administrator refuse or neglect to indorse on a claim his allowance or rejection within the fifteen days, as above specified, the claim shall be deemed allowed, and the Clerk shall present such claim or claims to the Judge for his approval or rejection within the five days above specified. All claims, when approved by the Judge, shall be ranked among the acknowledged debts of the estate, to be paid, in due course of administration. If the claim be founded on a bond, bill, note or other instrument, the original instrument need not be filed, but a copy with all indorsements, may be attached to the statement of the claim and filed therewith, and if the claim be secured by mortgage or other evidence of lien, it shall, or a certified copy from a record, be attached to the claim and filed therewith. Sec. 112. When a claim is rejected by the executor or administrator or the District Judge, the holder shall be immediately notified by the executor or administrator, and such holder must bring suit in the proper Court against the executor or administrator within thirty days after such notice, whether the claim is due or not, otherwise the claim shall be forever barred. Sec. 113. No claim shall be allowed by the executor or administrator or the District Judge which is barred by the statute of limitations at the time of the death of the person whose estate is being administered. Sec. 114. No holder of any claim against an estate shall maintain any action thereon unless it shall have been first filed, and under the conditions hereinbefore specified. Sec. 115. The time during which there shall be a vacancy in the administration shall not be included in any limitations herein prescribed. Sec. 116. If an action be pending against the deceased at the time of his or her death, the plaintiff, in like manner, shall file his claim with the Clerk and no recovery shall be had in the action unless proof be made of such filing. Sec. 117. Whenever the executor or administrator or the District Judge shall act upon any claim that may be filed, he shall endorse on the claim the amount he is willing to allow, and should the creditor refuse to accept the amount allowed in satisfaction of his claim he shall recover no costs in any action which he may bring on such claim against the executor or administrator, unless he shall recover a greater amount than that offered to be allowed. Sec. 118. The effect of any judgment rendered against any executor or administrator upon any claim for money against the estate of his testator or intestate, shall only be to establish the claim in the same manner as if it had been allowed by the executor or administrator and the District Judge, and the judgment shall be that the executor or administrator pay in due course of administration the amount ascertained to be due. |
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executor or administrator upon any claim for money against the estate of his testator or intestate, shall only be to establish the claim in the same manner as if it had been allowed by the executor or administrator and the District Judge, and the judgment shall be that the executor or administrator pay in due course of administration the amount ascertained to be due. A certified copy of the judgment shall be filed in the estate proceedings. No execution shall issue upon such judgment nor shall it create any lien upon the property of the estate or give the judgment creditor any priority of payment. Sec. 119. When any judgment has been rendered against the deceased in his or her lifetime no execution shall issue thereon after his or her death; but a certified copy of such judgment shall be attached to the statement of claim filed with the Clerk and shall be acted on as any other claim; provided, however, that if an execution has been actually levied upon any property of the deceased the same may be sold for the satisfaction thereof and the officer making the sale shall account to the executor or administrator for any surplus in his hands. Sec. 120. When a judgment has been recovered with costs against any executor or administrator the executor or administrator shall be personally liable for the costs, but they shall be allowed him in his administration accounts unless it shall appear that the suit or proceeding in which the costs were taxed shall have been prosecuted or resisted without just cause. Sec. 121. If an executor or administrator is himself a creditor of the deceased, he shall as any other creditor file his claim with the Clerk, and the District Judge shall allow or reject it, and its allowance by the Judge shall be sufficient evidence of its correctness. Sec. 122. If any executor or administrator shall neglect for fifteen days after his appointment to give notice of his appointment, as hereinbefore prescribed, it shall be the duty of the Court to revoke his letters. Sec. 123. Within ten days after the expiration of the time for the Judge to approve or reject claims, the executor or administrator shall file a statement of all claims filed against the estate, and at any other time the Court may order. In all such statements he shall designate the names of the creditors, the character of each claim, when it became or will become due, and whether allowed or rejected. Sec. 124. No sale of any property of an estate of a deceased person shall be valid unless made under an order of the District Court, except as otherwise provided in this Act or other Acts. Sec. 125. All applications for orders of sale shall be by petition in writing, in which shall be set forth the facts showing the sale to be necessary, and, upon the hearing, any person interested in the estate may file written objections, which shall be heard and determined. Sec. 126. At any time after receiving letters the executor, administrator or special administrator may apply to the Court or Judge for an order to sell the perishable property of the estate, or so much of other property, if necessary, to pay the allowance made to the family of deceased. |
Effect of judgment.
Before death.
Liable for costs.
Presented for allowance.
Notice to creditors.
Statement of claims.
Not valid.
Application for order. |
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Perishable property.
To be sold first.
Sale, how made.
Notice, how given.
Real estate may be sold, when.
Application for order. |
or Judge for an order to sell the perishable property of the estate, or so much of other property, if necessary, to pay the allowance made to the family of deceased. If there be a delay in obtaining such order, such property may be sold without an order of sale; provided, that the executor, administrator or special administrator shall be held responsible for the property sold by him, unless, after making a sworn return, the Court shall confirm the sale. If claims against the estate have been allowed, and a sale of property shall be necessary for their payment, or of the expenses of the administration, the executor or administrator may also apply for an order to sell so much of the personal property as may be necessary. Upon filing his petition, notice of at least five days shall be given of the hearing of the application, either by posting or publishing, as the Court or Judge may order. A similar application may be made from time to time to the Court or Judge at chambers as long as any personal property remains in his hands, and a sale thereof is necessary; and if he deem it for the best interest of the estate, he may at any time after the filing of the inventory make a like application, and after giving like notice, for an order to sell the whole of the personal property belonging to the estate; and if on the hearing it shall be made to appear that a sale is necessary, or for the best interest of the estate, the Court or Judge shall order it to be made. In making such sales the Court or Judge shall order such articles as are not necessary for the support and subsistence of the family of the deceased, or are not specially bequeathed, to be first sold. Articles so bequeathed shall not be sold until the residue of the personal property has been applied to the payment of the debts and expenses of administration. Sec. 127. The sale of personal property shall be made at public auction, and after public notice given at least ten days, unless for good reasons shown, the Court or Judge shall order a private sale or a shorter notice. Public sales of such property shall be made at the Court House door, at the residence of the deceased, or at some other place to be mentioned in the notice, and no sale shall be made of any property which is not present at the time of selling. Sec. 128. The notice shall specify the time and place, and shall be given by posting in three public places of the county, or by publication in a newspaper, as the Court or Judge shall order. Sec. 129. When the personal estate of the deceased shall be insufficient to pay the allowance to the family, the debts of the deceased, expenses of last illness and funeral, and the charges and cost of administration, the executor or administrator may petition to have the real estate sold for such purpose. Sec. 130. Such petition shall be presented to the District Court or the Judge at chambers, setting forth the amount of personal estate that has come to the hands of the petitioner, and how much thereof, if any, remains undisposed of; the debts outstanding against the deceased, |
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debts outstanding against the deceased, as far as the same can be ascertained or estimated; the amount due upon the family allowance or that will be due after the same shall have been in force for one year; the sum, if any, due for last sickness and funeral of deceased; the costs and expenses of the administration already accrued and an estimate of what will or may accrue during the administration; a description of all the real estate of which the deceased died seized, or in which he or she had any interest or in which the estate has acquired any interest, and the condition and value of the respective portions and lots, and whether the same be community or separate property; the names, ages and residence of the devisees or legatees, if any, and of the heirs of the deceased, which petition shall be verified by the oath of petitioner. If all of said matter cannot be ascertained it shall be so stated in the petition. Sec. 131. If it shall appear to the Court or Judge by such petition that it is necessary to sell the whole or some part of the real estate for the purposes therein mentioned, or any one of them, such petition shall be filed, and an order thereupon made directing the Clerk to issue a notice to all persons interested in the estate to be and appear before the Court at a time and place specified, not less than three weeks nor more than six weeks from the date of such notice, to show cause why an order should not be granted to authorize the executor or administrator to sell so much of the real estate as may be necessary. Sec. 132. A copy of such notice shall be personally served on all persons in the county interested in the estate at least five days before the time specified in the notice, or shall be published at least two successive weeks in such newspaper as the Court or Judge shall order; provided, however, if all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with. Sec. 133. The District Court, at the time and place specified in such notice, or at such other time as the hearing may be adjourned to, upon satisfactory proof of the due service or publication of the notice, by affidavit or otherwise, shall proceed to the hearing of the petition and any opposition that may be filed. Sec. 134. If any of the legatees, devisees or heirs of the deceased are minors, and have a general guardian in the county, a copy of the notice shall be served upon such guardian. If they have no guardian, the Court or Judge shall, at the time of filing said petition, or before proceeding to act upon it, appoint some disinterested person their attorney, for the purpose of appearing for them in the proceeding, and taking care of their interests. The Court or Judge may also, if deemed necessary, appoint such attorney for the heirs, devisees or legatees, if they are unrepresented, whether minors or otherwise, and may likewise appoint an attorney for the creditors if unrepresented. Sec. 135. The executor or administrator may be examined and witnesses on the part of any party interested, and process to compel their attendance and testimony may issue in the same manner and with like effect as in other cases. |
Order to show cause.
How to be served.
Hearing of application.
Attorney may be appointed.
Witnesses examined |
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Order of sale of part.
Order to specify what.
May apply for order of sale.
Certified copy of order.
Notice of time and place of sale. |
to compel their attendance and testimony may issue in the same manner and with like effect as in other cases. Sec. 136. If it shall appear to the Court that it is necessary to sell a part of the estate, real or personal, and that by a sale of such part the residue of the estate, or some specific part or piece thereof would be greatly injured or diminished or subject to expense, or rendered unprofitable, the Court may authorize the sale of the whole estate, or such part as may be judged necessary and most beneficial for the interests of all concerned. Sec. 137. The order shall specify the lands to be sold and the terms of the sale, which may be either for cash or on a credit not exceeding one year, payable in gross or installments with interest as the Court may direct. If sold on a credit the purchaser shall give his promissory note with security for deferred payments, which shall also be a lien upon any real estate sold. The tract or tracts of land may be sold in one parcel or in subdivisions, as the executor or administrator shall judge most beneficial to said estate, unless the Court shall otherwise specially direct. If it appears that any part of such real estate has been devised and not charged in such devise with the payment of debts or legacies, the Court shall order that part descending to the heirs to be sold before that devised. Every such sale shall be made at public auction unless, in the opinion of the Court, it would benefit the estate to sell the whole or some part of the real estate at private sale, in which case the Court may order or direct such real estate, or any part thereof, to be sold at either public or private sale, as may be made to appear most beneficial to the estate. If the executor or administrator shall neglect or refuse to make a sale under the order of sale he may be compelled to proceed to sell by order of the Court made on motion after due notice by any party interested. Sec. 137. If the executor or administrator shall neglect to apply for an order of sale whenever it may be necessary, any person interested in the estate may petition therefor in the same manner as the executor or administrator, and like proceedings shall be had thereon, the notice being also served upon the executor or administrator. Sec. 138. Upon making an order of sale, under the provisions of the preceding section, a certified copy of such order shall be delivered by the Clerk to the executor or administrator, who shall thereupon be authorized and required to sell the real estate as directed. Sec. 139. When a sale is ordered, notice of the time and place of holding the same shall be given by posting a copy in three of the most public places of the county in which the land is situated, and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the Court may direct, for three weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. Sec. 140. Such sale shall be made in the county where the land is situated, but when the tract of land is situated in two or more counties, it may be sold in any one of such counties. |
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or more counties, it may be sold in any one of such counties. The sale shall be made between the hours of nine oclock in the forenoon and five oclock in the afternoon of the same day, at public auction or private sale, as the Court may have ordered, but the same shall not be sold at private sale, unless the real estate to be sold has been appraised within a year previous to the time of such sale; nor shall the same be sold at private sale for less than two-thirds of its appraised value. If such real estate has not been so appraised, the Court shall appoint three disinterested real estate holders to appraise the same, who shall return their said appraisement under oath to the Court before the sale shall be made. Sec. 141. The executor or administrator making any sale of any real estate shall within five days thereafter make and file with the Clerk a return of his proceedings, whereupon the Clerk shall give notice by posting in three public places of the county that the return has been filed and will be heard by the Court at a time and place to be designated in said notice, not less than ten days after such posting, and notify all interested to appear and show cause why said sale should not be confirmed. At the time set, or at such other times as the hearing may be continued to, the Court shall hear the matter and if it shall appear that the proceedings were unfair, or that the sum bid is disproportional to the value, and that a sum exceeding such bid at least ten per cent exclusive of the expense of a new sale may be obtained, the Court shall vacate such sale and direct a new sale to be made, and the proceedings thereon shall be as upon an original order to sell; provided, that if an offer of ten per cent or more exclusive of the expense of a new sale shall be made in writing by a responsible person, to the Court or Judge, it shall be discretionary with the Court to accept such offer and confirm the sale to such person or to order to new sale. Sec. 142. If upon the hearing, when all persons interested who desire have been heard for or against, and any testimony that may be offered, it shall appear to the Court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, or if disproportionate that a greater sum as above specified cannot be obtained, or that the advance bid mentioned in section 141 of this Act be made and accepted, the Court shall confirm the sale and direct proper conveyances to be made and executed, and such sale from that time shall be confirmed and valid; provided, that if after such confirmation the purchaser shall neglect or refuse to comply with [the] terms of sale the Court may, on motion of the executor or administrator, and after notice to the purchasers, order a new sale of the property, and if the amount realized on such sale does not cover the bid and expenses of the previous sale, such delinquent purchaser shall be liable for the deficiency. Sec. 143. Proper conveyances shall thereupon be executed to the purchasers by the executor or administrator. The conveyances so made shall be deemed to convey all the right, title, interest and estate of the deceased in the premises at the time of his or her death. |
Sale to be made, where.
Private sale.
Sale may be vacated, when
Order confirming sale.
Conveyances to contain. |
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Before confirmation.
Postponement of sale.
Notice of.
Sale to pay legacies.
Payment according to will.
Order not required, when.
When insufficient.
Liable for debts. |
interest and estate of the deceased in the premises at the time of his or her death. When, however, by operation of law or otherwise the estate shave [shall] have acquired any right, title or interest in the premises other than or in addition to that of the deceased at the time of his or her death, such right, title or interest shall also be passed by such conveyances. Sec. 144. Before any order is entered confirming the sale it shall be proved to the satisfaction of the Court that notice of the sale was given as in this Act prescribed, and the order of confirmation shall state that such proof was made. Sec. 145. If at the time appointed for the sale the executor or administrator shall deem it best for the interest of all persons concerned therein that the same should be postponed, he may adjourn the sale from time to time, not exceeding in all sixty days. Sec. 146. In case of adjournment notice thereof shall be given by a public declaration at the time and place first appointed for the sale, and if the adjournment be for more than one day, further notice shall be given by posting in three public places in the county where the land is situated, or publishing the same, or both, as time and circumstances will admit. Sec. 147. When the testator shall have given any legacy by will that is effectual to pass or charge real estate, and his goods, chattels, rights and credits shall be insufficient to pay a legacy together with his debts and the charges and expenses of administration, the executor or administrator, with the will annexed, may obtain an order to sell his real estate for that purpose, in the same manner and upon the same terms and conditions as hereinbefore provided in case of a sale for the payment of debts. Sec. 148. If a deceased person shall have made provision by will, designating the estate to be appropriated for the payment of debts, expenses of administration, or family expenses, they shall be paid according to the provisions of the will, and out of the estate thus appropriated, so far as the same may be sufficient. Sec. 149. When such provision has been made, or any property directed by will be sold for any purpose, the executor or the administrator, with the will annexed, may proceed to sell, as directed by the will, without an order of the District Court, but he shall be bound to give notice of the sale, and proceed in all respects as if acting under an order of sale from the Court. Such sale shall not be valid until confirmed by the Court. Sec. 150. If the provisions made by the will, or the estate appropriated be not sufficient to pay the debts, expenses of administration and family expenses, such part of the estate as shall not have been disposed of by the will, if any, shall be appropriated to that purpose as provided in this Act. Sec. 151. The estate, real and personal, given by will to any devisees or legatees, shall be held liable for the payment of debts, expenses of administration and family expenses in proportion to the value or amount of the several devises or legacies, except that specific devises or legacies may be exempted, if it shall appear to the Court necessary to carry into effect the intention of the deceased, if there shall be other sufficient estate. |
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proportion to the value or amount of the several devises or legacies, except that specific devises or legacies may be exempted, if it shall appear to the Court necessary to carry into effect the intention of the deceased, if there shall be other sufficient estate. Sec. 152. When the estate given by any will has been sold for the payment of debts and expenses all the devisees and legatees shall be liable to contribute according to their respective interests, to any devisee or legatee from whom the estate devised or bequeathed to him or her may have been taken for the payment of debts or expenses and the District Court, when distribution is made, shall settle the amount of the several liabilities and decree how much each person shall contribute. Sec. 153. If a deceased person, at the time of death, was possessed of a contract for the purchase of lands, the interest of deceased in such lands, and under such contract, may be sold in the same manner as if said person had died seized of such land, and the same proceedings shall be had for that purpose as are prescribed in this Act in respect to lands of which a person dies seized, except as hereinafter provided. Sec. 154. Such sale shall be made subject to all payments that may thereafter become due on such contract, and if there be any such payments thereafter to become due, such sale shall not be confirmed by the District Court until the purchaser or purchasers shall execute a bond to the executor or administrator for his benefit and indemnity, and for the benefit and indemnity of the person or persons entitled to the interest of deceased in the land so contracted for. The amount of such bond shall be double the whole amount of payments thereafter to become due on such contract, with such sureties as the District Court or Judge shall approve. Sec. 155. Such bond shall be conditioned that the purchaser or purchasers will make all payments for such lands, that shall become due after the date of such sale, and will indemnify the executor or administrator, and the person or persons so entitled, against all demands, costs, charges and expenses, by reason of any covenant or agreement contained in such contract, but if there be no payments thereafter to become due on such contract, no bond shall be required of the purchaser or purchasers. Sec. 156. Upon the confirmation of such sale, the executor or administrator shall execute to the purchaser or purchasers an assignment of the contract, which assignment shall vest in the purchaser or purchasers all the right, title and interest of the person or persons entitled to the interest of the deceased in the lands sold at the time of the sale, and such purchaser or purchasers shall have the same rights and remedies against the vendor of such lands as the deceased would have if living. Sec. 157. When any sale is made by any executor or administrator, pursuant to the provisions of this Act, of land subject to any mortgage or other lien, which is a valid claim against the estate of the deceased, the purchase money shall be applied, after paying the necessary expenses of the sale, first to the satisfaction of the mortgage or lien and the residue in due course of administration. |
Contribution
May be sold.
Sale, how made.
Same.
Assignment of contract.
Subject to mortgage. |
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Expenses of sale.
Misconduct in sale.
Fraudulent sale.
Limitation of action.
Account of sale
Not to purchase.
Take possession.
May sue and be sued. |
isfaction of the mortgage or lien and the residue in due course of administration. Such application of the purchase money shall be made without delay and the land shall remain subject to such mortgage or other lien until the purchase money shall have been actually so applied. No lien against any estate shall be affected by the statute of limitations pending the proceedings for the settlement of such estate. Sec. 158. In all cases in which lands are sold by an executor or administrator the necessary expenses of the sale shall first be paid out of the proceeds. Sec. 159. If there shall be any neglect or misconduct in the proceedings of an executor or administrator in relation to any sale by which any person interested in the estate shall suffer any damage, the party aggrieved may recover for the same in a suit upon the bond of the executor or administrator or otherwise, as the case may require. Sec. 160. Any executor or administrator who shall fraudulently sell any real estate of his decedent contrary to the provisions of this Act shall be liable on his bond, in double the value of the land sold, as damages, to be recovered in an action by the person or persons having an estate of inheritance therein. Sec. 161. No action for the recovery of any estate sold by an executor or administrator under the provisions of this Act shall be maintained by any heir or other person claiming under the deceased unless it be commenced within three years next after the sale, saving to minors or others under any legal disability at the time when the right of action shall first accrue the right to commence such action at any time within three years after the removal of the disability. Sec. 162. Whenever a sale has been made by an executor or administrator of any property of the estate, real or personal, it shall be his duty to return to the District Court a return of sale thereof within five days after making such sale. If he neglects to make such return he may be punished as for a contempt or his letters may be revoked, one days notice having first been given him to appear and show cause why he should not be punished for a contempt or his letters should not be revoked, and his appearance may be compelled by attachment or other proper process. Sec. 163. No executor or administrator shall directly or indirectly purchase any property of the estate he represents. Sec. 164. The executor or administrator shall take into his possession all the estate of the deceased real and personal, except that exempted as hereinbefore provided, and shall collect all debts due the deceased. For the purpose of bringing suits to quiet title or for partition of such estate, the possession of the executor or administrator shall be deemed the possession of the heirs or devisees. Such possession of heirs or devisees shall be subject, however, to the possession of the executor or administrator for all other purposes. Sec. 165. Actions for the recovery of any property, real or personal, or for the possession, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases where the same might have been maintained by or against their respective testators or intestates in their lifetime. |
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contracts, may be maintained by and against executors and administrators in all cases where the same might have been maintained by or against their respective testators or intestates in their lifetime. Sec. 166. Executors or administrators may maintain actions against any person or persons, who shall have wasted, destroyed, taken, carried away or converted to his or their own use the goods of their testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the deceased while living. Sec. 167. Any person or his personal representatives shall have a right of action against the executor or administrator of any testator or intestate who in his lifetime shall have wasted, destroyed, taken, carried away or converted to his own use the goods or chattels of any such person, or committed any trespass on the real estate of such person. Sec. 168. When there was a partnership existing between the testator or intestate at the time of his death and any other person, the surviving partner shall have the right to continue in possession of the effects of the partnership, and to settle its business, but the interest of the deceased shall be included in the inventory, and appraised as other property. The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the executor or administrator, and pay over such balance as may from time to time be payable to him in right of his testator or intestate. Upon the application of the executor or administrator the District Judge may, whenever it may appear necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment; and the executor or administrator may maintain against him any action which the deceased could have maintained. Sec. 169. Any administrator may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of an executor of any former administrator of the same estate. Sec. 170. In actions brought by or against executors, it shall not be necessary to join those as parties who have not qualified. Sec. 171. Whenever a debtor of a deceased person shall be unable to pay all his debts, the executor or administrator, with the approval of the District Court, or Judge, may compromise with such debtor and give him a discharge, upon receiving a fair and just dividend of his effects. A compromise may also be authorized in any case when it shall be made to appear to the Court to be just and for the best interests of the estate. Sec. 172. When there shall be a deficiency of assets in the hands of an executor or administrator, and when the deceased, in his lifetime, shall have conveyed any real estate or any rights or interests therein with intent to defraud his creditors or to avoid any right debt or duty of any person, or shall have so conveyed such estate that by law the deeds or conveyances are void as against creditors, |
May sue for trespass.
May sue for waste.
Surviving partner.
Action on bond.
Joinder of parties.
Debts compromised. |
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Recovering of property.
Same.
Disposition.
Contract to be completed.
Effect of conveyance.
Liable for debts.
With what chargeable.
Not to profit or lose by. |
are void as against creditors, the executor or administrator may, and it shall be his duty, to commence and prosecute to final judgment any proper action for the recovery of the same for the benefit of the creditors, and may also for such benefit sue for and recover all goods, chattels, rights or credits or their value, which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance. Sec. 173. No executor or administrator shall be bound to sue for such estate as mentioned in the preceding section for the benefit of the creditors, unless upon application of creditors of the deceased, nor unless such creditors shall pay the costs and expense of such litigation, or give such security therefor as the Court or Judge shall direct. Sec. 174. All real estate so recovered shall be sold for the payment of debts in the same manner as hereinbefore prescribed for sales of real estate by executors or administrators, and the proceeds of all goods, chattels, rights or credits so received shall be applied in payment of debts in the same manner as other personal property in the hands of the executor or administrator. Sec. 175. When any person who is bound by contract in writing to convey any real estate shall die before making the conveyance, the District Court in a proper proceeding therefor may decree that the executor or administrator convey such real estate to the person entitled thereto in all cases where such deceased person, if living, might be compelled to make such conveyance. All persons interested in the estate shall be made parties defendant in such action. Sec. 176. Every conveyance made in pursuance of a decree of the Court as above provided, shall be as effectual to pass the estate contracted for as fully as if the contracting party himself were living and executed the conveyance himself. Sec. 177. No executor or administrator shall be chargeable upon any special promise to answer damages or to pay the debts of the deceased out of his own estate, unless the agreement for that purpose or some memorandum or note thereof is in writing and signed by such executor or administrator, or by some other person by him thereunto specially authorized. Sec. 178. Every executor and administrator shall be chargeable in his account with the whole of the estate of the deceased which should come to his possession at the value of the appraisement contained in the inventory, except as hereinafter provided, and with all the interest, profit and income of the estate. Sec. 179. He shall not make profit by the increase nor suffer loss by the decrease or destruction of any part of the estate without his fault. He shall account for the excess when he shall sell any part of the estate for more than the appraisement, and if any be sold for less than the appraisement he shall not be responsible for the loss if the sale has been justly made. Sec. 180. No executor or administrator shall be accountable for any debts due the deceased that remain uncollected without his fault. |
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for any debts due the deceased that remain uncollected without his fault. Sec. 181. He shall be allowed all necessary expenses in the care and management as well as settlement of the estate, and for his services such fees as provided by law; but when the deceased shall, by his will, make some other provision for the compensation of his executor, this shall be deemed a full compensation for such services, unless the executor files a renunciation, in writing, of all claim for the compensation provided by the will. Sec. 182. No administrator or executor shall purchase any claim against the estate he represents; and if he shall pay any claim for less than its nominal value he shall not charge in his account more than he has actually paid. Sec. 183. When no compensation shall have been provided by the will, or the executor shall renounce all claims thereto, he shall be allowed commissions upon the whole amount of the personal estate accounted for by him as follows: For the first thousand dollars, at the rate of six per cent; for all above that sum and not exceeding five thousand dollars, at the rate of four per cent; for all above five thousand dollars, at the rate of two per cent, and the same commissions shall be allowed to administrators. In all cases such additional allowance may be made by the Court for services in regard to the real estate, when it shall be made to appear that the same is just and reasonable. Sec. 184. Within thirty days after the Judge has acted upon the claims filed against the estate, the executor or administrator shall file his first account, under oath, of his administration. Such account shall be itemized, showing the amount of money received and expended by him; the amount of all claims filed against the estate; the names of all claimants; the claims, if any, rejected, and all other matters necessary to show the conditions of the affairs of the estate. Sec. 185. Every executor or administrator shall render and file under oath, a full account and report of his administration whenever he deems it advisable, or shall be directed to do so by the Court on its own motion, or on motion on behalf of any person interested, when it shall appear to the Court to be proper. Sec. 186. If the executor or administrator fail to render and file his first account within the time specified in section 184, above, it shall be the duty of the Court or Judge to order a citation to issue requiring him to file such account by a time to be stated in said citation as fixed by the Court or Judge, or appear and show cause why he should not be compelled to file said account. If he fail to file said account by the time stated or show cause why he should not, the Court by attachment or other proper process may compel him to file such an account or may revoke his letters in the discretion of the Court and like action may be had in reference to any subsequent account he may be ordered to file. Sec. 187. When any account shall be filed by an executor or administrator with the Clerk, he shall give notice thereof by posting in three public places of the county and notifying all persons interested in the estate, at a time and place not more than ten days after the posting, to be stated in the notice, to appear and show cause why the account should not be approved and allowed and confirmed. |
Uncollected debts. Expenses and compensation.
Not to purchase claims.
Commissions
Account to be rendered.
Same.
Citation to appear. |
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To give notice.
May contest.
Vouchers.
Minors, guardians for.
Settlement conclusive.
Proof of notice.
After authority ceases. |
or administrator with the Clerk, he shall give notice thereof by posting in three public places of the county and notifying all persons interested in the estate, at a time and place not more than ten days after the posting, to be stated in the notice, to appear and show cause why the account should not be approved and allowed and confirmed. Sec. 188. Any person interested in an estate may contest any account or any item therein of the executor or administrator, by filing in writing with the Clerk, at any time before the hearing on approving the account, his objection. At the time fixed in the notice, or at such further time as the Court may order, the Court shall proceed to hear the matter, when the executor or administrator, or any other person, may be sworn and examined by either party, and the matter shall be adjudged by the Court as law and right demand. Sec. 189. In rendering his account the executor or administrator shall produce vouchers for all payments he may have made, which vouchers shall be filed and remain in Court, and he may be examined on oath touching such payments, and also touching any property and effects of the deceased and the disposition thereof. When any such voucher shall be required for other purposes it may be withdrawn on leaving a certified copy on file. If any vouchers be lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. Sec. 190. If there be a minor interested in the estate who has no legally appointed guardian, the Court shall appoint some disinterested attorney to represent him, who, on behalf of the minor, may contest the account as any other person having an interest might contest it. The Court may also appoint an attorney to represent absent heirs and devisees or legatees. All matters, including allowed claims not passed upon on the settlement of any former account, or on making a decree of sale, may be contested by heirs for cause shown. Sec. 191. The settlement of an account and the allowance thereof by the Court shall be conclusive against all persons in any way interested in the estate, saving, however, to all persons laboring under any legal disability their rights to proceed against the executor or administrator, either individually or upon his bond, within two years after their respective disabilities shall cease, and in any action brought by any such person the settlement and allowance of the account shall be presumptive evidence of its correctness. Sec. 192. No account shall be allowed by the Court until it be first proved that the notice hereinbefore required has been given, and the order or degree shall show that such proof was made to the satisfaction of the Court and shall be conclusive evidence of the fact. Sec. 193. Whenever the authority of an executor or administrator shall cease or shall be revoked for any reason, he may be cited by the Court to account, at the instance of the person succeeding to the administration of the same estate, in like manner as he might have been by any person interested in the estate, during the time he was executor or administrator. |
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manner as he might have been by any person interested in the estate, during the time he was executor or administrator. Sec. 194. If the executor or administrator resides out of the county, or absconds or conceals himself so that the citation cannot be personally served, and shall neglect to file an account within twenty days after the time fixed for that purpose, his letters shall be revoked. Sec. 195. The debts of the estate shall be paid in the following order: First-Funeral expenses. Second-The expenses of the last sickness. Third-Debts having preference by the laws of the United States. Fourth-Judgments rendered against the deceased in his lifetime, and mortgages in order of their date. Fifth-All other demands against the estate. Sec. 196. -The preference given in the preceding section to a mortgage shall only extend to the proceeds of the property mortgaged. If the proceeds of such property be insufficient to pay the mortgage the part remaining unsatisfied shall be classed with other demands against the estate. Sec. 197. If the estate be insufficient to pay all the debts of any one class, each creditor of such class shall be paid a dividend in proportion to his claim, and no creditor of any one class shall receive any payment until all of those of the preceding class have been fully paid. Sec. 198. It shall be the duty of the executor or administrator, as soon as he has sufficient funds in his hands to pay the funeral expenses, the expenses of the last sickness, and the allowance made to the family of the deceased, and he may retain in his hands the necessary expenses of administration, but he shall not be obliged to pay any other debt or any legacy until the payment shall have been ordered by the Court. Sec. 199. Upon the settlement of any account of an executor or administrator as in this Act provided, the Court may make an order for the payment of debts as the condition of the estate will warrant. If there shall not be sufficient funds in the hands of the executor or administrator to pay the debts in full, the Court shall specify in the decree the sum to be paid to each creditor. If the whole estate should be exhausted by such payments, such account as is then before the Court shall be the final account and the executor or administrator shall be entitled to his discharge on producing and filing the necessary vouchers and proofs showing that such payments have been made and that he has fully complied with the decree of the Court. Sec. 200. If there be any claim not due or any contingent or disputed claim against the estate, the amount thereof or such part of the same as the holder would be entitled to if the claim were due, or established or absolute, shall be paid into Court, where it shall remain to be paid over to the party when he shall become entitled thereto or, if he fail to establish the claim, to be paid over or distributed, as the circumstances of the estate require; provided, that if any creditor whose claim has been allowed, but is not yet due, shall appear and consent to a deduction therefrom of the legal interest for the time the claim has yet to run, he shall be entitled to be paid accordingly. |
For failure to account.
Debts, order of payment.
Preference to mortgages.
Dividends.
Funeral expenses.
Order for payment to creditors.
Claims disputed or not due. |
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Liable after decree.
Payment of legacies.
Final account.
Neglect to render.
Distribution, when made.
Accounts confirmed, when.
Petition of heirs.
Notice of.
Who may resist. |
to a deduction therefrom of the legal interest for the time the claim has yet to run, he shall be entitled to be paid accordingly. Sec. 201. Whenever a decree shall be made by the Court for the payment of creditors, the executor or administrator shall be personally liable to each creditor for the amount of his claim, or the dividend thereon, and execution may be issued upon such decree as upon a judgment in any other action, in favor of each creditor, and the same proceedings may be had under such execution as if it had been issued upon a judgment. The executor or administrator shall also be liable on his bond to each creditor. Sec. 202. When the whole of the debt and liabilities of an estate have been paid, the Court shall proceed to direct the payments of legacies and the distribution of the estate among those entitled, as hereinafter provided; provided, the estate is in condition to be closed; if not, then at such time as it thereafter may be in condition. Sec. 203. Whenever all the property of an estate shall have been sold, or there shall be sufficient funds in his hands for the payment of all debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator shall render and file his final account and pray a settlement of his administration. Sec. 204. If he neglects to render and file his final account the same proceedings may be had as prescribed in this Act in regard to the first account to be filed by him, and all the provisions relative to said first account, and the notice and settlement thereof, shall apply to his account for final settlement. Sec. 205. When the accounts of an executor or administrator have been settled and a decree for the distribution of the estate made by the Court, the executor or administrator shall without any unnecessary delay distribute the estate remaining in his hands as by the decree directed. Sec. 206. At the time any account comes before the Court for allowance, if there are no exceptions filed by any person interested in the estate, and the account is made to appear to the Court to be correct and according to law, the Court may allow and confirm the account. Sec. 207. At any time after the lapse of three months after the issuing of letters testamentary or of administration, any heir, devisee or legatee may present his petition to the Court, praying that the legacy or share of the estate to which he or she is entitled may be given to him or her upon giving bond, with approved security, for the payment of his or her proportion of the debts of the estate. Sec. 208. Notice of the application shall be given to the executor or administrator personally, and to all persons interested in the estate, in the same manner that notice is required to be given of the settlement of an account of an executor or administrator, or [as] the Court may direct. Sec. 209. The executor or administrator, or any person interested in the estate, may appear and resist the application, or any other heir, devisee or legatee may make a similar application for himself or herself. |
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or any other heir, devisee or legatee may make a similar application for himself or herself. Sec. 210. If, on the hearing, it appears that the estate is but little indebted, and that the share or shares of the party or parties petitioning may be allowed, without injury to the creditors of the estate, the Court shall make a decree in conformity to the prayer of the applicant or applicants; provided, that each one of them shall first execute and deliver to the executor or administrator a bond in such sum as shall be designated by the Court or Judge, and with sureties to be approved by the Judge. Such bond shall be made payable to the executor or administrator and conditioned for the payment by the heir, devisee or legatee whenever required of his or her proportion of the debts of the estate. Sec. 211. Such decree may direct the executor or administrator to deliver to the petitioner or petitioners the whole portion of the estate to which he, she or they may be entitled, or a part only thereof. Sec. 212. If in the execution of such decree any partition be necessary between two or more of the parties, it shall be made in the manner hereinafter prescribed. Sec. 213. The costs of such proceedings shall be paid by the applicant, or if there be more than one, shall be apportioned equally amongst them. Sec. 214. Whenever any bond has been executed and delivered as above prescribed, and the executor or administrator shall ascertain that it is necessary for the settlement of the estate to require the payment of any part of the money thereby secured, he shall petition the Court for an order requiring the payment, and cause a citation to be issued and served upon the party bound, requiring him or her, at a time and place, not more than ten days after the date of the citation, to be stated therein, to appear and show cause why the order shall not be made. At the hearing the Court, if satisfied of the necessity for such payment to be made, shall make an order accordingly, designating the amount and giving a time in which it shall be paid. If the money be not paid within the time allowed, an action may be maintained by the executor or administrator on the bond. Sec. 215. When an executor or administrator files his final account, with a petition praying for the allowance and confirmation thereof, he may also include in such petition a prayer for the distribution of the estate, and upon the settlement and allowance of the final account the Court may also decree a distribution of the residue of the estate, if any, among the persons who are by law entitled. If a final account be settled and allowed without a decree of distribution the executor or administrator, or any heir, devisee or legatee, or assignee or grantee of any heir, devisee or grantee, at any time thereafter, may petition the Court for a decree distributing the estate. A statement of the receipts and disbursements of the executor or administrator since the rendition of his final account shall be reported and filed before or at the time of making such distribution, unless distribution of real estate only be made, and a settlement thereof, together with an estimate of the expense of closing the estate, shall be made by the Court, and shall be included in the decree, or the Court or Judge may order notice of the settlement of such supplementary account. |
Decree of distribution.
Same.
Partition.
Cost of proceedings.
Payment of bond given.
Distribution, when made. |
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Form of decree.
Petition for distribution.
Estates in common.
Petition, who may file.
Citation shall specify.
Petition may be filed. |
tribution, unless distribution of real estate only be made, and a settlement thereof, together with an estimate of the expense of closing the estate, shall be made by the Court, and shall be included in the decree, or the Court or Judge may order notice of the settlement of such supplementary account. Sec. 216. In the decree the Court shall name the persons and the proportion or parts to which each shall be entitled, and such person shall have the right to demand and recover his or her respective share from the executor or administrator or any other person having the same in possession. Sec. 217. When a petition for distribution shall be filed subsequently to the settlement and allowance of the final account, notice of the hearing thereof shall be given and proceedings had in the manner provided herein. In regard to the application for the sale of land by an executor or administrator, the Court may order such further notice to be given as it may deem proper. Sec. 218. When the estate, real or personal, assigned to two or more heirs, devisees or legatees shall be in common and undivided and the respective shares cannot be separated and distinguished, or when property of the estate shall be held in common and undivided with other parties, partition thereof may be made as hereinafter provided. Sec. 219. To secure such petition any person interested may file a petition stating the necessary facts, particularly describing the property to be partitioned and the party or parties interested in such property. Upon filing such petition a citation shall issue to all persons interested who shall reside in this State, or their guardians, and to agents, attorneys or guardians, if there be any in this State, or such as reside out of this State, to appear and show cause why a decree of partition should not be made as prayed for. The citation shall specify the estate and the party petitioning for partition, also the time and place for hearing the petition, not more than twenty days from its date, and must be served five days before the hearing at the time specified in the citation or at such further time as the Court may continue the hearing. Upon proof, to the satisfaction of the Court, that the citation has been properly served as above required, the Court shall proceed to hear the petition and the allegation and proofs of the respective parties and decree accordingly. Sec. 220. A petition for partition may be filed at any time before the decree of distribution, and attorneys, guardians and agents appointed and the citation issued, and the petition heard and determined as above provided, in which case the commissioners hereinafter provided for to make partition shall not be appointed until the decree has been made assigning the estate, when the Court, having assigned the estate, may appoint commissioners to partition it as hereinafter provided. But when application is made solely to have partition between the estate administered upon and any other parties, such application may be heard and determined, and partition ordered at any time the Court may direct. |
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Sec. 221. When the property to be partitioned is entirely personal property the Court or Judge shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be duly sworn by any officer authorized to administer oaths, to faithfully and impartially discharge their duties. A certified copy of the order appointing them, attached to a certified copy of the decree assigning and distributing the estate, shall be given to them as their warrant, and their oath must be endorsed thereon. When the property to be divided is real estate, or partly real and partly personal, one of the three commissioners shall be a practical surveyor. Upon consent of the parties, and when the Court shall deem it proper and just, the Court may appoint one commissioner only, who shall have the same authority and be governed by the same rules as if three were appointed. Sec. 222. If the real estate to be partitioned shall be in different counties, the Court of Judge, if deemed proper, may appoint commissioners for each county, and in such case the estate in each county shall be divided separately, as if there were no other estate to be partitioned; but the commissioners first appointed shall, unless otherwise directed by the Court, make division of the real estate, wherever situated in this State. Sec. 223. Partition may be made as provided herein, although some of the original heirs, devisees or legatees may have assigned or conveyed their shares to other persons, and such shares shall be partitioned to the person holding the same, in the same manner as they would have been to the heirs, devisees or legatees, had they not transferred their shares. Sec. 224. The several shares in the real and personal estate shall be set out to each individual in proportion to his or her right, and the real estate by metes and bounds, or such description that the same can be easily distinguished. If two or more of the parties request to have their shares set out so as to be held in common and undivided, such shares may be so partitioned. Sec. 225. When any such real estate cannot be divided without prejudice or inconvenience to the owners, the Court may assign the whole to one or more of the parties entitled to shares therein, who will accept and pay to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction, or, in case of the minority of such party or parties, to the satisfaction of the guardian of such minor or minors, and the true value of the estate shall be ascertained and reported by the commissioners or appraisers appointed specifically for that purpose. Sec. 226. When any tract of land or tenement shall be of greater value than either partys share in the estate to be divided and cannot be divided without injury to the same, it may be set off by the commissioners to any one of the parties, who will accept it and pay, or secure to be paid, to one or more of the others interested, such sum or sums as the commissioners shall award to make the partition equal, and the commissioners shall make their award accordingly; but such partition shall not be established by the Court until the sums so awarded shall be paid to the parties entitled to the same or secured to their satisfaction. |
Commissioners appointed.
In different counties.
When heirs part with interest.
Shares, how set out.
May be assigned to one, when.
Payment for equalizing. |
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Estates sold, proceeds divided.
Estates in common, how partitioned.
To be of equal cash value.
Guardians appointed.
Report of Commissioner. |
shall award to make the partition equal, and the commissioners shall make their award accordingly; but such partition shall not be established by the Court until the sums so awarded shall be paid to the parties entitled to the same or secured to their satisfaction. Sec. 227. When it cannot otherwise be fairly divided, the whole or any part of the estate, real or personal, may be recommended by the Commissioners to be sold, and if the report be confirmed the Court may order a sale by the executor or administrator or by a commissioner appointed for that purpose, and distribute the proceeds. The sale shall be conducted, reported upon and confirmed in the same manner and under the same rules as in ordinary cases of sales of land by an administrator under this Act. Sec. 228. When partition of real estate among heirs, devisees, or legatees shall be required, and such real estate shall be in common and undivided with the real estate of any other person, the commissioner shall first divide and sever the estate of the deceased from the estate in which it lies in common, and such division so made and established by the Court shall be binding upon all the persons interested. The Court may authorize the executor or administrator to bring suit for such partition when deemed necessary. Sec. 229. In making partition the commissioners shall always have regard to quantity and quality, and may set off quantity against quality, or quality against quantity, so that when the partition is made all the shares partitioned shall be of equal cash value, as near as possible. Sec. 230. Before any partition shall be made as provided herein guardians shall be appointed for all minor and insane persons interested in the estate to be divided, and an attorney shall be appointed for all non-resident or absent heirs or other persons interested. The commissioners shall notify all persons interested in the partition, their guardians, agents or attorneys, of the time when they will proceed to make partition, which time shall be as reasonable after their appointment as circumstances will admit or the Court in the order of appointment may fix the time. The commissioners may take testimony, for which propose any one of them may administer an oath, and they may take all necessary steps to enable them to form a correct judgment upon the matters before them. Sec. 231. The commissioners, when they shall have completed their work, within a reasonable time, [shall] make a report of their proceedings and of the partition made by them, and file the same with the Clerk of the Court. Within fifteen days after the report is filed any person interested may file exceptions to the report, particularly specifying the grounds of objection. A copy of such objection shall be served upon the commissioners and all parties interested in the partition, their guardians, agents or attorneys in the county, before or at the time they are filed, with a notice to such persons that the objecting party will, at a certain time to be mentioned, not later than twenty days after the filing of said report, move the Court to set aside the report, and for a new partition. |
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Court to set aside the report, and for a new partition. At the time specified, or at such other time as the Court may sit, the Court shall proceed to hear the report and exceptions, and may hear proof by either party, and for sufficient reasons the Court may set aside the report, and recommit the partition to the same commissioners, or appoint others, or may confirm the report. If no exceptions shall be filed to the report within the time above specified, the Court, on the expiration of said fifteen days, or at any time thereafter, if the report appears be just and correct and all the proceedings regular, shall confirm the report, and when such report shall be finally confirmed the decree of confirmation and the report shall be recorded by the Clerk, and the Court shall order proper conveyance to be made by the respective parties to one another, or may, if for any reason necessary, appoint a commissioner to make such conveyance or conveyances which, when acknowledged or recorded, shall effectually pass the title. Sec. 232. All questions as to advancement made or alleged to have been made by the deceased to any heirs may be heard and determined by the Court, and shall be specified in the decree distributing the estate, and in the warrant to the commissioners and the final decree of the Court shall be binding on all parties interested in the estate with right, however, of any party to appeal from a final decree of the Court to the Supreme Court as in other action. Sec. 233. When any estate shall be distributed by the Court or partitioned by commissioners as in this Act provided to any person residing out of this State, and having no agent therein, and it shall be necessary that some person should be authorized to take charge and possession of the same for the benefit of such absent person, the Court may appoint an agent for that purpose and authorize him to take charge of such estate. Sec. 234. Such agent shall give a bond to the District Judge in such sum as the Judge shall fix, which bond shall be approved by the Judge and conditioned for the faithful management of, and accounting for the estate, before such agent shall be authorized to receive the same, and the Court may allow a reasonable sum out of the profits of the estate for services and expenses of such agent. Sec. 235. When the estate shall remain unclaimed in the hands of the agent for a year, it shall be sold under an order of the Court, and the proceeds, deducting the expenses of the sale to be allowed by the Court, shall be paid into the State Treasury, for which the Treasurer shall receipt in duplicate to the agent, one of which the agent shall file in the office of the State Comptroller and the other in the estate matter in the District Court. Sec. 236. The agent shall be liable on his bond for the care and preservation of the estate while in his hands, and for the payment of the proceeds of the sale as required in the preceding section, and may be sued thereon by the State or any person interested. |
Report of Commissioners.
Advancements.
Agent for absentees.
Bond of.
Unclaimed estates.
Liability of agent. |
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Certificate to claimant.
Decree of discharge.
Subsequent letters may issue.
Powers suspended.
Special administrator to be appointed.
Proceedings on suspension.
Who may appear. |
Sec. 237. When any person shall appear and claim the money paid into the treasury, the District Court having ordered the sale, being first satisfied of his right, shall give him a certificate attested by the Clerk, under the seal of the Court, and upon the presentation of the certificate to the State Comptroller he shall draw his warrant on the Treasurer for the amount. Sec. 238. When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up on the order of Court all the property of the estate to the parties entitled, and has performed all acts lawfully required of him, the Court shall make a decree discharging him and his sureties from all liability thereafter to be incurred. Sec. 239. The final settlement of an estate shall not prevent a subsequent issuance of letters testamentary or of administration should other property of the estate be discovered, or should it become necessary or proper from any cause that letters should again be issued. Sec. 240. Whenever a District Judge has reason to believe from his own knowledge or from credible information that any executor or administrator has wasted, converted to his own use, or mismanaged, or is about to waste or convert to his own use, the property of the estate committed to his charge, or has committed or is about to commit any wrong or fraud upon the estate, or has become incompetent to act, or has permanently removed from the State, or has wrongfully neglected the estate, or has unreasonably delayed the performance of necessary acts in any particular as such executor or administrator, it shall be his duty, by an order entered upon the minutes of the Court, to suspend the powers of such executor or administrator until the matter can be investigated. Sec. 241. During the suspension of the powers of an executor or an administrator, as provided in the preceding section, the District Court, or Judge, if the condition of the estate requires it, may appoint a special administrator to take charge of the effects of the estate, who shall give bond and account as other special administrators are required to do. Sec. 242. When such suspension has been made the Clerk shall issue a citation, reciting the order of suspension, to the executor or administrator, to appear before the Court at a time therein to be stated, as fixed by the Court or Judge, to show cause why his letters should not be revoked, said citation to be served by the Sheriff, or other person, as provided in the Civil Practice Act for service of process. If he fail to appear in obedience to the citation, or appearing the Court shall be satisfied that there exist good grounds for his removal, his letters shall be revoked, and letters of administration granted anew, as the case may require. Sec. 243. Any person interest may appear at the hearing and file allegations in writing, showing that the executor or administrator should be removed. |
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administrator should be removed. Such allegations shall be heard and determined by the Court. Sec. 244. If the executor or administrator has absconded or conceals himself, or has removed or absented himself from the State, the citation may be served by leaving a copy at his last known place of abode and upon his attorney of record, when the Court shall have jurisdiction to proceed as if the citation had been personally served. Sec. 245. In such proceedings for the removal of an executor or administrator the Court may compel his attendance by attachment or other proper process and may require him to answer questions, on oath, touching his administration and upon his refusal so to do may commit him to jail until he obey, or may revoke his letters, or both. Sec. 246. The Clerk shall enter a minute of all proceedings in matters of estates, as in other actions, and also in the Probate Register. When publication is ordered such publication shall be made daily, or otherwise, as often as during the prescribed period as the paper is regularly issued, unless otherwise provided in this Act. The Court or Judge, however, may prescribe a less number of publications during the period for publication, and the Court or Judge may, for good cause shown, extend or shorten any of the times prescribed in this Act. Sec. 247. Whenever personal notice is required by this Act to be given to any party in the matter of an estate, and no other mode of giving notice is prescribed, it shall be given by citation, which shall be issued by the Clerk under the seal of the Court, and directed to the Sheriff of the proper county, commanding such person to appear before the Court or Judge, as the case may be, at a time and place to be named in the citation; also the nature or character of the proceeding shall be briefly stated in the body thereof. Sec. 248. The officer to whom a citation is directed, unless otherwise provided herein, or the order of the Court or Judge, shall serve the same by delivering a copy to the person therein named, or to each one of them, if there be more than one, and shall return the original to the Court, according to its direction, indorsing thereon the time and manner of service. Sec. 249. All proofs of publication or other mode or modes of giving notice or serving papers may be made by the affidavit of any person competent to be a witness, which affidavit shall be filed, and shall constitute prima facie evidence of such publication or service, as the case may be. Sec. 250. When no other time is specially prescribed, citation shall be served at least two days before the return day. Sec. 251. For the purpose of taking the testimony of a witness or witnesses in other counties of this State, or in other States or Territories, or foreign countries, a commission may be issued as in other cases, and, when issued ex parte no cross interrogatories shall be necessary. Sec. 252. All issues of fact in matters of an estate shall be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common law action. |
Executor absconding.
To compel attendance.
Minutes of proceedings to be kept.
Personal notice, how given.
Citation, how served.
Proofs of serving papers.
Taking testimony in other places. |
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Issues of fact.
Attorney for minors.
Setting aside homestead. Appeal.
Reversed or affirmed.
Not required.
Executor removed.
Order of distribution. |
the trial of issues of fact in a common law action. All questions of costs may be determined by the Court, and execution may issue therefor in accordance with the order of the Court. Sec. 253. When, upon any proceeding in an estate, an attorney has been appointed for minors or others interested in the estate, such attorney, until another may be appointed, shall represent the party or parties for whom he has been appointed in all subsequent proceedings. Sec. 254. When a decree is rendered setting apart a homestead, a certified copy of such decree shall be recorded in the County Recorders office where the property is. Sec. 255. Any person interested in, affected by, and aggrieved at the decision and decree of the District Court appointing an executor or administrator, revoking letters, allowing a final account, or disallowing it, decreeing a distribution or partition, order or decree, confirming or setting aside a report of commissioners, admitting or refusing a will for probate, and any other decision wherein the amount in controversy equals or exceeds, exclusive of costs, one thousand dollars, may appeal to the Supreme Court of the State, to be governed in all respects as an appeal from a final decision and judgment in action at law. Sec. 256. Upon an appeal the appellate Court may in its discretion reverse, affirm, or modify the judgment, order or decree appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceedings, or out of the estate as justice may require. Execution for costs may issue out of the District Court. Sec. 257. An appeal by an executor or administrator as herein provided, who has given an official bond, shall be complete and effectual without an undertaking on appeal. Sec. 258. When an order or decree appointing an executor or administrator shall be reversed on appeal, all lawful acts in administration upon the estate performed by such executor or administrator, if he shall have qualified, shall be as valid as if such order or decree had been affirmed. When an executor or administrator resigns or is removed, a successor may be appointed if a necessity therefor exists, without again proving the death and residence of the deceased. Sec. 259. When any person having title to any real estate, not otherwise limited by marriage contracts, shall die intestate as to such estate, it shall descend and be distributed subject to the payment of his or her debts in the following manner: First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife and child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally; otherwise they shall take according to the right of representation. |
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death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally; otherwise they shall take according to the right of representation. Second-If he or she shall leave no issue the estate shall go to the surviving husband or wife. If he or she shall leave no issue, or husband or wife, the estate shall go to his or her father if living, if not, to his or her mother if living. Third-If there be no issue, nor husband nor wife, nor father nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. Fourth-If the intestate shall leave no issue, nor husband nor wife, nor father nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those who claim through ancestors more remote; provided, however (fifth), if any person shall die leaving several children, or leaving one child and issue of one or more children, and any such surviving child shall die under age and not having been married, all the estate that came to such deceased child by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation. Sixth-If at the death of such child, who shall die under age and not having been married, all the other children of his said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descend to all the issue of the other children of the same parent; and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation. Seventh-If the intestate shall leave no husband, nor wife nor kindred, the estate shall escheat to the State for the support of common schools. Sec. 260. Every illegitimate child shall be considered as an heir of the person who shall acknowledge himself to be the father of such child by signing in writing a declaration to that effect in the presence of one credible witness, who shall sign the declaration also as a witness, and shall in all cases be considered as heir of the mother and shall inherit in whole or in part, as the case may be, in the same manner as if born in lawful wedlock. The issue of all marriages deemed null in law or dissolved by divorce shall be legitimate. Sec. 261. If any illegitimate child shall die intestate without lawful issue and shall not have been acknowledged as above provided, his estate shall descend to his mother, or, in case of her decease, to her heirs at law. Sec. 262. The degrees of kindred shall be computed according to the rules of the civil law, and kindred of the half-blood shall inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the intestate by descent, devise or gift from some one of his or her ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from the inheritance. |
Order of distribution.
Illegitimate child.
Heirs of.
Degrees of kindred. |
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Advancement.
Same.
Gifts and grants.
Value of advancement.
Advancement.
Husband and wife.
Justice to all parties. |
degree, unless the inheritance comes to the intestate by descent, devise or gift from some one of his or her ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from the inheritance. Sec. 263. Any estate, real or personal, that may have been given by the deceased in his or her lifetime as an advancement to any child or other lineal descendant shall be considered as part of the estate of the intestate, so far as regards the distribution and division thereof among his or her issue, and shall be taken by such child or other lineal descendant towards his or her share of the estate of the deceased. Sec. 264. If the amount of such advancement shall exceed the share of the heir so advanced, such heir shall be excluded from any further portion in the distribution and division of the estate, but he or she shall not be required to refund any part of such advancement; and if the amount so received shall be less than his or her share, he or she shall be entitled to as much more as will give him or her his or her full share of the estate of the deceased. Sec. 265. No gift or grant shall be deemed to have been made as an advancement unless so expressed in the gift or grant, or charged in writing by the deceased as an advancement, or acknowledged in writing by the child or other descendant to be such. Sec. 266. If the value of the advancement shall be expressed in the conveyance, or in the charge thereof made by the deceased, or in the acknowledgement of the party receiving it, it shall be considered of that value in the distribution and division of the estate; otherwise it shall be estimated according to its value when given as nearly as the same can be ascertained. Sec. 267. If any child, or other lineal descendant so advanced, shall die before the person making the advancement leaving issue, the advancement shall be taken into consideration in the distribution and division of the estate, and the amount thereof shall be allowed accordingly by the representatives of the heir so advanced in the like manner as if the advancement had been made directly to them. Sec. 268. The provisions of this Act, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate. Sec. 269. This Act shall be liberally construed, to the end that justice may be done all parties, and as speedy settlement of estates at the least expense secured; and all proceedings in matters of estate shall be proceedings of record as other actions and proceedings; and all attorneys for estates or executors or administrators or appointed in the proceedings shall be attorneys of record with like powers and responsibilities as attorneys in other actions and proceedings; and shall be entitled to receive a reasonable compensation, to be paid out of the estate they respectively represent for services rendered, to be allowed by the Court. Sec. 270. When it shall be made to appear to the Court or Judge, by affidavit or otherwise, that the value of an estate does not exceed two thousand dollars, the Court or Judge may, if deemed advisable, make an order for a summary administration of such an estate, dispensing with all regular proceedings and notices, except the notice of appointment of the executor or administrator, which shall always be given by publication for four weeks, provided the cost does not exceed five dollars. |
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Judge, by affidavit or otherwise, that the value of an estate does not exceed two thousand dollars, the Court or Judge may, if deemed advisable, make an order for a summary administration of such an estate, dispensing with all regular proceedings and notices, except the notice of appointment of the executor or administrator, which shall always be given by publication for four weeks, provided the cost does not exceed five dollars. Creditors of such an estate must file their claims, due or to become due, with the Clerk, within forty days after the first publication of said notice, and within five days thereafter the executor or administrator must act on the claims filed, and present them in three days thereafter to the Judge for his action. Any claim which shall not be filed within said forty days shall be barred forever. The Judge or Court may, however, if deemed proper, order the notice herein provided for to be given by posting, instead of by publication. The Court or Judge must be satisfied that proper notice has been given before decreeing distribution of the estate and discharging the executor or administrator. Every claim which shall have been filed as above provided, allowed by the executor or administrator, and approved by the Judge, shall then, and not till then, be ranked as an acknowledged debt of the estate, to be paid in due course of administration. The administration of the estate may be closed and distribution made at any time after the expiration of the time for the Judge to act on the claims, when it shall appear to the Court that all the debts of the estate, expenses and charges of administration and allowance to the family, if any, have been paid, and the estate in condition to be finally settled. The total of fees and costs of the Clerk in a summary administration shall not exceed fifteen dollars. The provisions of this section shall apply only to estates of which summary administrations shall be ordered. Sec. 271. The notice in this Act required to be given by every executor or administrator upon his qualifying shall be in substantially the following form: Notice of Appointment.-Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving title of the Court) as (executor or administrator, as the case may be,) of the estate of _______, late of said county, deceased. Dated ______. Sec. 272. Inheritance or succession by right of representation takes place when the decendants of any deceased heir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. Sec. 273. If any person shall die, or any person who may have died, within this State, seized of any real or personal estate, and leaving no heirs, representatives, devisees or legatees capable of inheriting or holding the same, and in all cases where there is no owner of such estate capable of holding the same, such estate shall escheat to and be vested in the State of Nevada. |
Regular proceedings dispensed with, when.
Form of.
Right of representation.
Escheated estates. |
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When estates escheat.
Issue of citation.
Contesting same.
Appeal may be taken.
Controller to keep account. |
Sec. 274. Whenever the Attorney-General shall be informed, or shall have reason to believe, that any real or personal estate has become escheatable to this State for the reasons specified in the preceding section, or that any such estate has for any other reason become escheatable, it shall be his duty to file an information in behalf of the State in the District Court of the county wherein such estate, or any part thereof, is situated, setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which said estate is claimed to have become escheated, and alleging that by reason thereof the State of Nevada has by law right to such estate; whereupon, such Court shall order that a citation be issued, to such person or persons, bodies politic or corporate, alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State of Nevada, said citation to be made returnable within the time allowed by law in other civil actions. The Court may also, if deemed advisable, order the citation to be published in a newspaper published in said county (if any), and, if none, then in some other newspaper in this State. Sec. 275. All persons, bodies politic or corporate, named in such information as terre-tenants or claimants to such estate may appear and plead to such proceedings, and may traverse or deny the facts stated in the information-the title of the State to estate therein mentioned-at any time on before the third day of the return day of the citation; and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid, by motion for that purpose in open Court, within the time allowed for pleading as aforesaid; and if any person shall appear and plead as aforesaid denying the title set up by the State, or traverse any material fact set forth in the information, or issue or issues of fact to be made up, the matter shall proceed as other civil actions on issues of fact, and a survey may be ordered as in other civil actions when the boundary is called in question; and after the issues are tried it shall appear from the facts that the State has good title to the estate in the information mentioned, or any part thereof, or if no defense be made by anyone, judgment shall be rendered that the State be seized thereof, and recover costs of suit against defendants, if any appear. Sec. 276. Any party who shall have appeared to any proceedings as aforesaid, and the Attorney-General, in behalf of the State, shall respectively have the same right to prosecute an appeal or writ of errror upon any judgment as aforesaid, as parties in other cases. Sec. 277. The State Comptroller shall keep a just and true account of all moneys paid into the treasury, as also of all lands and personal property vested in the estate by escheat; and if, within ten years after any judgment escheating property to the State any person shall appear and claim any money that may have been paid into the State Treasury on any real or personal property vested in the State by such judgment, such person may file a petition in the District Court, at the seat of government, stating the nature of the claim, with an appropriate prayer for the relief demanded. |
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that may have been paid into the State Treasury on any real or personal property vested in the State by such judgment, such person may file a petition in the District Court, at the seat of government, stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of such petition shall be served upon the Attorney-General before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the Attorney-General, after examining all the facts, should become convinced that the State had no legal defense against the petition, he may, with the consent of the Court, confess on behalf of the State judgment. If judgment shall not be so confessed the petition shall be considered at issue on the twentieth day after its filing, and may be heard by the Court on that day or at such future day as the Court may order. Upon the hearing the Court shall examine into said claim and hear the allegations and proofs, from which, if the Court shall find that such person is entitled to any money paid into the State Treasury as aforesaid it shall, by judgment, order and direct the State Comptroller to draw his warrant in favor of such claimant upon the Treasurer for the sum specified in such order, but without interest or cost to the State. If any real estate is the subject of such trial, and the Court finds the claimant entitled to it, the Court shall decree accordingly, which shall be effectual for divesting the interests of the State in or to such real estate, but no costs shall be taxed against the State. A certified copy of the judgment and order directing the Comptroller to draw his warrant for money, shall be a sufficient voucher for him so to do. All persons who shall fail to appear and file their petitions within the time limited as aforesaid shall be forever barred, saving, however, infants, married women, persons of unsound mind and persons beyond the limits of the United States the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities shall be removed. The Legislature may cause any lands, escheated to the State, or personal estate, other than money, at any time after the judgment of escheatal, to be sold, as may be provided by law, and the proceeds paid into the State Treasury, in which case the petitioners shall be entitled to the proceeds thereof, in lieu of such lands or personal estate, and the Court shall decree accordingly. Sec. 278. The said District Court, upon the filing of the information hereinbefore provided, upon the motion of the Attorney-General, either before or after answer, upon notice to the party or parties claiming the estate, if known, may, sufficient cause therefor being shown, appoint a receiver to take charge of the real estate or personal property, other than money, mentioned in such information, and receive the rents and profits of the same until the title of such property shall be finally settled. Such receiver shall, before entering upon his duties, execute to the State of Nevada a bond in a sum to be fixed by the Court, with sureties to be approved by the Judge, conditioned to faithfully perform the duties of the trust, and fully account to the party finally adjudged to be entitled to the property. |
Controller to keep account.
Who not barred.
Receiver may be appointed. |
κ1897 Statutes of Nevada, Page 164 (CHAPTER 106)κ
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Information to Attorney-General.
Disposition of money.
Proceedings to apply.
Repeal. |
Judge, conditioned to faithfully perform the duties of the trust, and fully account to the party finally adjudged to be entitled to the property. Such party may maintain an action on such bond for any default or damage. Sec. 279. Any person furnishing original information to the Attorney-General of any property escheatable to the State, with the necessary evidence to sustain the action of the State in that behalf, shall be entitled to receive, upon the final recovery of such property, five percent of the value of such property so recovered; provided, that the amount so recovered by the person furnishing the information shall not in the aggregate exceed the sum of twenty thousand dollars in any one case; and provided further, that one person only shall be entitled to compensation for such service. Sec. 280. All moneys which have accrued or may hereafter accrue to the State from escheated estates shall be paid into the General Fund, and, if need be, in defraying the current expenses of the Government and the redemption of the Comptrollers warrants. Sec. 281. When not otherwise specially provided in this Act all the provisions of law regulating proceedings in civil cases shall apply in matters of estate, when appropriate, or the same may be applied as auxiliary to the provisions of this Act. Sec. 282. The Act entitled An Act to regulate the settlement of the estates of deceased persons, approved November 29, 1861, and all Acts amendatory thereof and supplementary thereto are hereby repealed. |
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Experiment Station farm
Rent to be paid. |
Chap. CVII.An Act to authorize the Board of Regents of the State University of the State of Nevada, at Reno, to lease and purchase land for an Experiment Station Farm.
[Approved March 23, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University of the State of Nevada are hereby authorized to lease a tract of land, not exceeding eighty (80) acres in extent, for a term of years, such land to be convenient to the State University at Reno, Nevada, to be used for an Experiment Station Farm, and, if possible, to obtain an option in the name of the State to purchase such land within the terms of such lease with the proviso in such option that the terms thereof shall be subject to the approval of the Legislature of the State of Nevada, at some subsequent session; provided, that said lease and option to purchase shall be approved by the State Board of Examiners. Sec. 2. Said Board of Regents are hereby authorized to pay the rent of such leased land out of the appropriations which have been or which may hereafter be made for the contingent expenses of the State University. |
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Chap. CVIII.An Act relating to the publication of Supreme Court decisions and advertising required by the State of Nevada.
[Approved March 25, 1897.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of State Printing Commissioners shall select some daily newspaper published in the State of Nevada, to publish the Supreme Court Reports and to do all other advertising required by the State of Nevada, said advertising to consist of the Governors proclamation, publication for rewards for criminals, monthly money accounts, all bids for proposals for supplies required by the State, or any other public institutions, and lists of all bills allowed by the State Board of Examiners, and such other advertising as may be required by law; provided, that such newspapers shall contract to do all of the foregoing printing and advertising at a compensation not to exceed the sum of six hundred dollars per annum. Sec. 2. The proprietor of such newspaper entering into this contract shall bind himself to perform the work for two years and give bonds to the State of Nevada in the sum of five hundred dollars for the faithful performance of the contract. Sec. 3. Each decision of the Supreme Court shall be printed in its entirety in a single issue of the paper or supplement, and fifty copies shall be furnished the State free of charge, and delivered to the Clerk of the Supreme Court; printed proofs of the decisions shall be submitted to the Clerk of the Board of Examiners before publication. Sec. 4. The sum of twelve hundred dollars is hereby appropriated out of the General Fund to pay for the expenses of all said work. |
State printing.
Bonds to be given.
Decisions, when and how printed.
Appropriation. |