Chapter I.–An Act to amend an Act entitled “An Act to create a Board of County Commissioners in the several counties of this State, and Define Their Duties and Powers,” approved March 8, 1865.

[Approved January 11, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section eight of said Act is hereby amended so as to read as follows:

      Section eight.  The Board of Commissioners shall have power and jurisdiction in their respective counties: First, To make orders respecting the property of the county in conformity with any law of this State, and to take care of and preserve such property. Second, To examine, settle and allow all accounts legally chargeable against the county in the manner provided in this Act; and to levy for the purposes prescribed by law such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the District Judge need not be audited by the Board, but the County Auditor shall, on the first day of each quarter year draw his warrant on the County Treasurer in favor of the District Judge, for the amount due such Judge as salary for the quarter year preceding. Third, To examine and audit the accounts of all officers, having the care, management, collection or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit. Fourth, To lay out, control and manage public roads, turnpikes, ferries and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.

Powers and jurisdiction of Board.

Same.

Same.

Same.

Same.

Same.

may be necessary and requisite to carry its control and management into effect. Fifth, To take care of and provide for the indigent sick of the county, in such a manner only, as is or may be provided by law. Sixth, To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require. Seventh, To establish, change and abolish election precincts, and to appoint inspectors and judges of elections. Eighth, To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county. Ninth, Lease or purchase any real or personal property, necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons to be appointed for that purpose by the District Judge, who shall be sworn to make true appraisement thereof, according to the best of their knowledge and ability. Tenth, To sell at public auction at the court-house of said county, after at least thirty days previous public notice (in the same manner as required by law for the sale of like property on execution,) and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh, To cause to be erected and furnished a court-house, jail and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the court-house, jail and other buildings, be let out, after, at least thirty days previous public notice, as provided in sub-division ten of this section, in each case of a readiness to receive proposal therefor, to the lowest bidder who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the Board may deem too high. Twelfth, To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers. Thirteenth, To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the Board.

Treasurer prohibited from paying warrants.

Chap. II.–An Act to provide for the Payment of the Outstanding indebtedness of Treasure City in the county of White Pine.

[Approved January 23, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act it shall not be lawful for the Treasurer of Treasure City, White Pine County, to pay any warrant or warrants, or orders drawn on the Treasury of said city prior to the passage of this Act, or any indebtedness of the said city incurred prior to the passage of this Act, except in manner as hereinafter provided.

of the said city incurred prior to the passage of this Act, except in manner as hereinafter provided.

      Sec. 2.  The Board of Trustees of said city are hereby required from and after the passage of this Act, to set aside not less than three fourths of all moneys which may come into the Treasury of said city, as a fund for extinguishing the existing debt, and to be known as the Treasure City Redemption Fund. The Treasurer of said city is authorized and directed, without further order or authority from the Board of Trustees, to carry to the account of the fund hereby created, seventy-five per cent. of all revenues, taxes and moneys from whatever source derived, which may come into his hands, and such further amount or proportion of said revenues, taxes and moneys as may be ordered or directed by said Board of Trustees. The moneys belonging in said fund shall be paid out by the Treasurer exclusively for the payment of the existing debt, as hereinafter provided.

      Sec. 3.  From and after the passage of this Act, and until the entire existing debt is paid and extinguished, it shall not be lawful for the Board of Trustees of said city, or any officer or persons acting by or under its authority, to issue to any person or persons, any warrant, order or evidence of indebtedness of said city, nor shall it be lawful for the Treasurer of said city to register or pay any such warrant, order or evidence of indebtedness. Whenever there shall be moneys in the Treasury other than those belonging to the said Redemption Fund, the same may be appropriated by the said Board of Trustees for the current expenses of the said city; but no order or appropriation of moneys shall be made, except of moneys actually in said Treasury. A certified copy of the order of appropriation from the Journal of the Proceedings of the Board of Trustees authenticated by the President of said Board, shall be the only form in which money shall be drawn from the said City Treasury, and the only proper voucher on settlement of his accounts.

      Sec. 4.  Whenever, at any time there shall be in the Redemption Fund of said city the sum of five hundred (500) dollars, and as often as said amount of money may accumulate, it shall be the duty of the City Treasurer to give ten (10) days notice by publication in a newspaper published nearest to said city, that sealed proposals, directed to him, will be received for the surrender of city warrants or other legal evidences of indebtedness of said city issued prior to the passage of this Act; and that said proposals will be received by him until the meeting of the Board of Trustees, the time and place whereof shall be particularly stated in said published notice. At the meeting of the Board of Trustees pursuant to said Treasurer’s notice the said Treasurer shall open all sealed proposals, and the said Board shall then and there examine all said proposals and accept, to the extent of the moneys in the Redemption Fund, the lowest bids for the surrender of city warrants or legal evidence of indebtedness; but no bid shall be accepted unless accompanied with the warrant proposed to be surrendered.

      Sec. 5.  When any bids are accepted, the Clerk of the Board of Trustees shall take a description of the warrant or legal evidence of indebtedness to be redeemed, specifying the date, number and amount of each, and also the amount to be paid for each of the same, and make a record thereof in the proceedings of the Board.

Redemption Fund to be created.

Revenues, etc., to be carried to account of Fund.

Moneys, how paid out.

Trustees, etc., prohibited from issuing or paying evidence of indebtedness.

When money to be appropriated for current expenses.

Money, how drawn from Treasury.

Duty of City Treasurer.

Proposals for surrender of warrants, etc.

Proposals opened.

Lowest bid to be accepted.

Accepted bids.

Warrants to be canceled.

Separate account.

Lowest bid.

Preference.

Board not precluded from contesting validity of warrants.

Bid not to be accepted for more than par value.

Acts repealed.

of the same, and make a record thereof in the proceedings of the Board. The Board of Trustees shall thereupon, by order entered on the minutes, direct the Treasurer to purchase the warrants or legal evidences of indebtedness designated, and pay for the same out [of] the said Redemption Fund. All warrants or evidences of indebtedness so redeemed shall be canceled by the Treasurer by writing across the face thereof, in red ink the words, “purchased and redeemed,” adding thereto the date of such redemption, the amount paid for the same, and signing his name officially. The Treasurer shall keep a separate account of all moneys received into, and paid out of the said Redemption Fund; he shall also, on the margin of the register of city warrants or evidence of indebtedness, kept in his office, write, opposite the entry of registration, the word “purchased,” together with the amount paid therefor. In accepting proposals for the surrender of warrants or other evidence of indebtedness, that shall be deemed and regarded as the lowest bid, which offers the largest amount of warrants or evidence of indebtedness in nominal par value for the smallest amount of money. The bids being equal in percentage on the nominal value, preference shall be given to the warrants or evidences of indebtedness of smallest amount, except in case the redemption of such smaller amounts shall interfere with, or prevent the use of the full amount of the fund on hand.

      Sec. 6.  Nothing contained in this Act shall be construed to preclude the Board of Trustees of said city, from contesting the validity of any warrant or warrants or evidences of indebtedness issued prior to the passage of this Act upon an unjust or fraudulent claim against the said city, or in any case where the city might have had a good and meritorious defense to the original claim.

      Sec. 7.  No bid for the surrender of indebtedness shall be accepted if for more than the par value of such indebtedness.

      Sec. 8.  All Acts or parts of Acts, so far as the same are inconsistent with or repugnant to the provisions of this Act, are hereby repealed.

Books and documents to be delivered to U. S. judges, etc.

Chap. III.–An Act authorizing the Secretary of State to furnish the Printed Public Documents, Statutes and Reports to certain parties therein named.

[Approved February 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Secretary of State is hereby authorized and directed to deliver to the United States Circuit Judge for the Ninth Circuit, and to each of the Judges of the United States District Courts for Nevada, California and Oregon, and to the Librarian of the San Francisco Law Library, one full set of the Reports of Decisions of the Supreme Court of Nevada, and one full set of the Legislative Documents and Statutes of Nevada,

full set of the Legislative Documents and Statutes of Nevada, including such of the printed documents and statutes of the Territory of Nevada as may be in the State Library for public distribution, and from time to time hereafter, as the same shall be published, to each of said Judges one copy of the Supreme Court Reports and one copy of the Legislative documents and statutes of the State, and to said Librarian two copies of each of said reports, documents and statutes.

      Sec. 2.  This Act shall take effect from and after its passage.

Chap. IV.–An Act to amend an Act entitled “An Act to Consolidate and Pay certain Indebtedness of the County of Ormsby,” approved March 12, 1866.

[Approved February 4, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section five of the aboveentitled Act is hereby amended so as to read as follows:

      Section Five.  On the first Monday of the next month after such notice has expired, or on the first day of the next regular meeting of the Board of Commissioners of said county, after said notice has so expired, the Auditor of said county, in the presence of said Board of Commissioners and of the County Treasurer, shall open said sealed proposals, and accept the lowest bids for the to be surrender of any bonds, warrants or legal claims, payable out of said Redemption Fund of said county, to the full amount of money then in said fund; provided, that no bid asking a greater amount than the principal and interest then due upon such bond, warrant or legal claim, shall be considered or accepted; nor shall any proposal be considered or accepted unless it be accompanied by the obligation or obligations of said county proposed to be surrendered; and, provided further, that when sealed proposals are opened, as above prescribed, if there be not a sufficient amount of obligations of said county offered, at not exceeding the amount of the principal and interest then due thereon, to exhaust the money then in said Redemption Fund of said county, the Treasurer of said county shall immediately give notice, for ten days, as required for sealed proposals, of the amount of money remaining in said fund, and that the same will be applied to the payment of the then oldest outstanding obligations of said county (specifying them,) payable out of said fund, at par of principal and interest then due thereon; and shall state in such notice that the obligations specified in the notice will, if not presented and paid, cease to bear interest from and after the expiration of said notice; and the money so specified for their payment shall be reserved in the said fund for that purpose, until called for under such notice, provided it be called for within two years; and if not so called for within two years after such notice, such money shall then be applied to the payment of other obligations of said county, payable out of said Redemption Fund, if there be any such, and if none, then said money shall be placed in the general fund of said county.

Opening of proposals for surrender of bonds etc.

Lowest bid to be accepted.

Proviso.

Proviso.

Notice of money remaining in fund.

Money to be reserved in fund.

When to be applied to other obligations.

When to be placed in General Fund.

such money shall then be applied to the payment of other obligations of said county, payable out of said Redemption Fund, if there be any such, and if none, then said money shall be placed in the general fund of said county.

What articles shall set forth.

When articles may be signed by proxy.

Affidavit of amount of stock.

Division of capital stock of corporations heretofore formed.

Chap. V.–An Act to amend an Act entitled “An Act for the Incorporation of Railroad Companies, and the Management of the Affairs thereof, and other matters relating thereto,” approved March 22, 1865.

[Approved February 9, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section two of the Act of which this is amendatory is amended so as to read as follows:

      Section Two.  The said articles of association shall set forth the name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, the amount of the capital stock of the company, which shall be divided into shares of not exceeding one hundred dollars each, and not less than ten dollars each, as may be fixed in the articles of association, and which shall be the actual contemplated cost of constructing the road, together with the cost of the right of way, motive power, and every other appurtenance and thing, for the completion and running of said road, as nearly as can be estimated by competent engineers; the names and number of the directors to manage the affairs of the company, who shall hold their offices until others are elected, as shall be provided by the by-laws of the company; the place from, and to which, the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length, as near as may be; each subscriber to such articles of association shall personally subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company; provided, that in case a person desirous of becoming a subscriber, but compelled to be absent from the State at the time of subscribing to such articles of association, he having duly paid the ten per cent. required by law upon his subscription, may sign the same by written proxy, or power of attorney, to that effect; and there shall be endorsed or attached to said articles so subscribed, an affidavit made by three directors therein named, setting forth in substance, that said amount of stock has been subscribed, and that ten per cent. in cash, thereon, has actually and in good faith been paid in as aforesaid, and that the subscribers to said articles are all known by one or the other of the said three directors to be subscribers thereto, and to be the persons so represented. Any corporation heretofore formed under the Act of which this is amendatory, desiring to divide the capital stock of the company into shares of a less denomination than one hundred dollars, according to the provisions of this section,

provisions of this section, may do so by a majority vote of the directors of the company, at any regular or called meeting of the board, and may issue the stock of such company in accordance therewith, after having filed in the office of the Secretary of State a certificate setting forth the amount or denomination, in which they propose to divide such shares, verified by the affidavit of three of such directors. In case the shares of stock of such corporation shall have already been issued, or any portion thereof, of the denomination of one hundred dollars, the holders of the same may at their option surrender their certificates of stock, and receive in lieu thereof the equivalent of the same in certificates of shares of the smaller denominations, so fixed and established by the board of directors.

      Sec. 2.  Section six of said Act is hereby amended so as to read as follows:

      Section Six.  Meetings of the stockholders may be called, at any time during the interval between the annual meetings, by the directors, or by any number of stockholders owning not less one fourth of the stock, by giving fifteen days public notice of the time and place of the meetings, in the manner provided in the next preceding section, for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and no other business shall be transacted at such meeting, when so called by the stockholders as aforesaid, except such as shall be so stated in such notice; and if, at any such meeting thus called, a majority in value of the stockholders are not represented, in person or by written proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and if, within said three days, stockholders having at least a majority in interest of the stock do not attend and participate in such meeting, then the meeting shall be dissolved. In case the capital stock shall be ascertained to be greater or less than is necessary for completing, operating and maintaining the road, then the capital stock may be reduced or increased by a vote of the holders of the majority of the capital stock to the amount thus required; or the holders of a majority of the capital stock may, by a vote at any annual or called meeting of the stockholders, provided for the return to, or distribution among the stockholders in such manner and according to such plan as they may direct, of any surplus capital or funds that may accrue to the corporation by payments on subscriptions to the capital stock, grants, donations or otherwise, over and above the amount necessary to construct, complete, maintain and equip the road; provided, that no such division or distribution shall be made, until the road shall be built and equipped, between the extreme points named in the articles of association.

      Sec. 3.  The Legislature shall, from time to time, when it may deem proper, change the rates of fare and freight of all narrow gauge railroads constructed under the provisions of this Act.

Called meetings of stockholders.

When and how stock may be reduced.

Proviso.

Legislature may change fare and freight.

Auditor required to draw warrants.

Chap. VI.–An Act for the Relief of C. Lark, Treasurer of Humboldt County.

[Approved February 13, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The County Auditor of Humboldt County is hereby authorized and directed to draw a warrant on the Redemption Fund of said county for three hundred and ninety dollars and seventy-five cents, in favor of C. Lark, County Treasurer, for expenses incurred in making supplemental assessment of said county in the years eighteen hundred and sixty-nine and eighteen hundred and seventy.

Acknowledgments, by whom taken out of the State.

Proviso.

Heretofore taken, record valid.

Proviso.

Chap. VII.–An Act concerning Conveyances executed without the State.

[Approved February 13, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The proof or acknowledgment of every conveyance affecting any real estate taken without this State, but within the United States, shall be taken by some one of the following officers: A Judge or clerk of a court having a seal, or some Notary Public or Justice of the Peace, or by any commissioner appointed by the Governor of this State for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied with the certificate of the clerk of a Court of Record of the county having a seal as to the official character of the Justice and the authenticity of his signature.

      Sec. 2.  All acknowledgments of proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged or proven, and certified, or which may have been certified in the manner hereinabove provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or acquired by operation of law, prior to the passage of this Act.

Chap. VIII.–An Act to Create Legislative Funds.

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the salaries of members and attaches of the present Legislature, the mileage of the members and the incidental expenses of the same, the State Treasurer is hereby authorized and required to set apart from the first moneys coming into the General Fund not otherwise specially appropriated, the sum of seventy-three thousand five hundred and eighty dollars in gold coin, which shall constitute a fund to be denominated the State Legislative Fund. Any deficiency that may exist in the “Legislative Fund” of the last session may also be paid out of the “Legislative Fund” hereby created. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the present Senate and Assembly for mileage and compensation when duly certified to him in accordance with law; provided, said warrants shall bear interest at the rate of ten per cent. per annum from date until paid or advertised for payment as provided in section number five.

      Sec. 2.  The State Treasurer is hereby authorized and directed to set apart from the first moneys coming into the “Legislative Fund” not otherwise appropriated, the sum of nine thousand dollars, five thousand dollars of which shall constitute the Contingent Fund of the Assembly, and four thousand dollars the Contingent Fund of the Senate.

      Sec. 3.  The said funds shall be under the exclusive control of the Senate and Assembly respectively. Each House may direct the payment of moneys from its own Contingent Fund by resolution, and the Controller of State is authorized and required to draw his warrants in accordance therewith. Said warrants to bear interest at the rate of ten per cent. per annum from date until paid, as provided in section five of this Act. Said amounts are hereby exempted from the operation of an Act entitled “An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer,” approved February seventh, a. d. one thousand eight hundred and sixty-five. Any balance remaining in the “Contingent Fund” created by this Act, upon the adjournment of the Legislature, shall revert to the General Fund.

      Sec. 4.  Any money that may remain in the fund created by this Act, after the payment of all warrants drawn or directed to be drawn upon said fund prior to the adjournment of the Legislature, shall revert to the General Fund.

      Sec. 5.  The State Treasurer shall number and register in the order of presentation in a book to be provided by him, all the warrants presented to him drawn by the State Controller on the “Legislative Funds” and “Legislative Contingent Funds,” and whenever there shall be the sum of five thousand dollars in the hands of the Treasurer, he shall give notice on a bulletin board in his office, setting forth the fact, and that warrants bearing certain numbers and date shall be presented for payment, and upon presentation will be paid by him, and said warrants so advertised for payment shall cease bearing interest from the date of said notice.

State Legislative Fund created.

Proviso.

Contingent funds.

Exclusive control of funds.

Interest.

Exempt from Act relating to Board of Examiners.

Balance remaining to revert to General Fund.

Same.

Duty of State Treasurer.

Bulletin board.

Act not to affect salaries of Judges of Supreme Court.

numbers and date shall be presented for payment, and upon presentation will be paid by him, and said warrants so advertised for payment shall cease bearing interest from the date of said notice.

      Sec. 6.  Nothing contained in this Act shall affect the provisions of an Act entitled “An Act to provide for the payment of the salaries of the Judges of the Supreme Court of the State of Nevada,” passed February twenty-first, one thousand eight hundred and sixty-six.

___

      This is to certify that Assembly Bill No. 96, entitled “An Act to create Legislative Funds,” has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: Yeas, 32; nays, 14.

                                                                                                       Rob’t E. Lowery,

                                                                                                 Speaker of the Assembly.

      G. W. Cassidy, Clerk of Assembly.

___

      This is to certify that Assembly Bill No. 96, entitled “An Act to create Legislative Funds,” has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: Yeas, 16; nays, 7

                                                                                                         D. L. Hastings,

                                                                                           President pro tem. of the Senate.

      F. Butler, Assistant Secretary of the Senate.

Compensation of Jurors.

Chap. IX.–An Act to amend an Act entitled “An Act concerning Compensation of Jurors,” approved March 5, 1869.

[Approved February 15, 1871.]

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 read as follows:

      Section one.  Each juror summoned in this State, whether petit or grand juror, unless he be excused by the court from serving on the day he is summoned to attend court shall receive three (3) dollars per day for each and every day he may be in attendance on court, and fifteen cents per mile in traveling to and returning from court, all of which shall be paid out of the County Treasury. The Auditor shall draw his warrant on the Treasurer for the compensation provided in this Act upon certificate of the clerk of the court showing the amount due; provided, that but one mileage during any one term of court shall be allowed; and, provided further, that all sums paid such jurors as fees by parties to civil actions shall be deducted from his per diem.

vided, that but one mileage during any one term of court shall be allowed; and, provided further, that all sums paid such jurors as fees by parties to civil actions shall be deducted from his per diem.

      Sec. 2.  All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.

Acts repealed.

Chap. X.–An Act supplementary to and amendatory of an Act entitled “An Act to amend an Act of the Legislative Assembly of the Territory of Nevada, entitled ‘An Act to create Counties and establish the Boundaries thereof,’ approved November 25, 1861,” approved February 27, 1869.

[Approved February 15, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section two of this Act to which this is supplementary to and amendatory of is hereby repealed.

      Sec. 2.  The County of Churchill is hereby released and discharged from all claims and demands of every kind and nature whatever, arising out of or based on the provisions of said Act to which this is supplementary; and the Treasurer of Humboldt County is hereby authorized and required to return to the Treasurer of Churchill County any and all unpaid warrant or warrants which have been or may be delivered to him in accordance with the provisions of said Act; and the Treasurer of Churchill County is hereby authorized and required to destroy said warrant or warrants in the presence of the Board of County Commissioners of Churchill County.

Section 2 repealed.

Churchill County released from demands, etc.

Treasurer of Humboldt Co. to return unpaid warrants.

Chap. XI.–An Act for the Relief of James Leffingwell, Sheriff of Lander County, in the years 1865 and 1866.

[Approved February 16, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The County Auditor of Lander County is hereby authorized and directed, and it is made his special duty from and after the passage of this Act, to draw his warrants in favor of James Leffingwell for the sum of three thousand five hundred dollars on the general fund of said Lander County; which warrants shall bear a legal interest from the date of their issuance; and said warrants shall be in any sum not less than one hundred or more than one thousand dollars.

Auditor authorized to draw warrants.

Interest.

Treasurer to pay warrants.

Acts repealed.

      Sec. 2.  It is hereby made the duty of the County Treasurer of said Lander County to pay said warrants on their presentation in their regular order of payment at the said Treasurer’s office in the county of Lander, State of Nevada, in gold coin.

      Sec. 3.  All Acts or parts of Acts, that are inconsistent with or repugnant to the provisions of this Act, are hereby repealed, so far the same may relate to the county of Lander.

Acts of County Commissioners legalized.

Auditor required to draw warrant.

Interest.

Treasurer to pay warrants, etc.

Chap. XII.–An Act to legalize certain acts of the Board of County Commissioners of Elko County.

[Approved February 16, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whereas, the Board of County Commissioners of Elko County did, on the thirty-first day of December, a. d. one thousand eight hundred and seventy, borrow of J. N. Wiliams, the sum of thirty-five hundred dollars, with interest at the rate of two per cent. per month, to supply a deficiency in the allowance made, including the interest drawn, on the building fund of said county, for the year ending December thirty-first, a. d. one thousand eight hundred and seventy; and, whereas, said Board of Commissioners agreed to pay said J. N. Williams said sum and interest out of said building fund, and ordered the County Auditor to draw his warrant for said amount and interest, payable out of said fund as aforesaid; therefore the said acts of the Board of County Commissioners are hereby legalized and made valid.

      Sec. 2.  The Auditor of said county is hereby authorized and required to draw his warrant on the Treasurer of said county in favor of said J. N. Williams, for the sum of thirty-five hundred dollars in coin, payable on the first day of January, one thousand eight hundred and seventy-two, which said warrant shall draw two per cent. per month interest, from the first day of January, one thousand eight hundred and seventy-one, until paid.

      Sec. 3.  The County Treasurer of said county, shall pay the principal and interest of said warrant out of the building fund; provided, in case there shall be no money in said fund, on the first day of January, one thousand eight hundred and seventy-two, then the same shall be paid out of any moneys first coming into the treasury not otherwise specifically set apart.

Chap. XIII.–An Act to change the County Seat of the County of Washoe.

[Approved February 17, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the third day of April, a. d. one thousand eight hundred and seventy-one, the county seat of Washoe County shall be located at the town of Reno, in said county.

      Sec. 2.  It shall be the duty of all officers of said county, who are required by law to keep their offices at the county seat to remove the same to said town of Reno, on the week next preceding the said third day of April, a. d. one thousand eight hundred and seventy-one.

      Sec. 3.  The County Commissioners of said county shall provide for the removal of the archives of said county, and all other removable property belonging to said county, to said town of Reno, and shall have power to sell and convey any real or immovable property situated in Washoe City, belonging to said county, and shall pay the proceeds of such sales into the County Treasury.

County seat to be located at Reno.

County officers required to remove offices.

County Commissioners required to remove archives, etc.

Chap. XIV.–An Act to amend an Act entitled “An Act to provide for the Registration of the Names of Electors, and to Prevent Fraud at Elections,” approved March 5, 1869.

[Approved February 17, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section three of the Act of which this Act is amendatory is hereby amended to read as follows:

      Section Three.  It shall be the duty of the Registry Agents, at any time when called on to do so, between the hours of ten a. m. and six p. m. on all legal days, from and after the first day of July, and prior to the twenty-first day of October, prior to any general election, and for twenty days prior to closing the register (which shall close ten days prior to the day of election), for any special or municipal election provided for by law, to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified), and right to vote at such ensuing election according to the provisions of law, under which such election may be held, in each election district within their respective townships; entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full if practicable);

Duty of Registry Agents.

Same.

Proviso.

Proviso.

first or given name in full if practicable); the age and nativity of the elector, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides; such as will enable the officer or person desiring to serve notice of objection to vote, to find the same without difficulty; and when the person, so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization, shall be noted in the column provided for that purpose, which list, properly entered as in this section required, shall be known as the “Official Register” of elections of their respective township; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p. m., in addition to the hours heretofore required in this section; and, provided further, that if any person shall fail or refuse to give his residence, with the particularity required in this section, he shall not be registered.

Auditor required to draw warrants, etc.

Owner to surrender orders.

Warrant to be drawn for amount, principal and interest of orders.

Act not to apply to certain orders.

Chap. XV.–An Act to provide for the Payment of certain Indebtedness of Humboldt County.

[Approved February 17, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Auditor of Humboldt County is hereby authorized and required to draw his warrant on the Treasurer of said county in favor of the owner and holder of any order or orders heretofore issued under the provisions of section five hundred and forty-four of the Criminal Practice Act, of one thousand eight hundred and sixty-one, by the District Court of the Fifth Judicial District, Nevada, or by the Judge thereof.

      Sec. 2.  Before the issuance of any such warrant the owner and holder of any such orders shall surrender the same to the Auditor, who shall write across the face thereof, “Canceled by Warrant,” and sign the same officially. The Auditor shall file such order or orders in his office.

      Sec. 3.  The Auditor shall draw his warrant as aforesaid for the amount of principal and interest of the order or orders. The interest shall be computed from the date of such order or orders, and at the rate of ten per cent. per annum; provided, all such warrants drawn as aforesaid shall be payable only out of the redemption fund of said county.

      Sec. 4.  This Act shall not apply to any order or orders issued by the court subsequent to February 12, 1869.

Chap. XVI.–An Act requiring State Officers to prepare and transmit to the Legislature Duplicates of all Reports intended for Publication.

[Approved February 17, 1871.]

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 all State officers who are now required by law to make either annual or biennial reports to prepare and transmit the same, plainly written, duplicate copies of said reports for the use and benefit of the State Printer.

      Sec. 2.  Each State officer shall be allowed fifteen cents per folio of one hundred words as a compensation for preparing a duplicate of his report, as provided for in this Act; and all moneys due for said work shall be drawn in equal proportions from the contingent funds of the Senate and Assembly, by resolution, upon the certificate of the officer having the duplicate report prepared.

Duplicate copies of reports to be prepared etc.

Compensation for preparing copies.

Chap. XVII.–An Act supplementary to an Act entitled “An Act to provide for the Selection and Sale of the Lands granted by the United States to the State of Nevada,” approved April 2, 1867, and providing for the Payment of the Claim of Britton and Gray.

[Approved February 20, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  That the Board of Regents are hereby authorized and required to appoint an agent or agents who shall be duly authorized to represent the State of Nevada, before the General Land Office and Department of the Interior at Washington, D. C.; and whose duty it shall be to attend to the certification of lands selected in satisfaction of the grants made by Congress to said State, and to represent the said State in all matters growing out of the adjustment and settlement of said grants. The said Board of Regents shall fix the compensation of the said agent or agents at a sum not exceeding one thousand dollars per annum; and the amount so fixed shall be paid annually out of any moneys in the State Treasury not otherwise appropriated, upon bills to be certified and approved by the Board of Examiners; in payment of which the Controller of State shall draw his warrant upon the Treasurer of State.

      Sec. 2.  That there be and hereby is appropriated out of any moneys in the “State School Land Fund,” not otherwise appropriated, the sum of five thousand two hundred and fifty dollars, in payment of the claim of Britton and Gray, of Washington, D.

Agent to be appointed to represent Nevada at Washington.

Duty of Agent.

Compensation.

Appropriation to pay Britton & Gray.

Controller to draw warrant.

in payment of the claim of Britton and Gray, of Washington, D. C., when approved by the Board of Examiners, for services performed by them as agents and attorneys of the State of Nevada, under authority issued to them by the Board of Regents, under date of July twenty-second, one thousand eight hundred and sixty-seven; and the Controller of State is hereby directed and required to draw his warrant on the Treasurer of State, in favor of said Britton and Gray, for the amount herein appropriated, or such amount as may be found due by the Board of Examiners, not to exceed that sum, which amount shall be in full payment of all claim and demand of the said Britton and Gray against the said State of Nevada, accruing prior to the approval of this Act.

Corporations, formation of.

Authorized to locate, etc., roads.

Plat to be filed.

Chap. XVIII.–An Act to promote the introduction and use of Steam Power for Transportation Purposes on common roads in the State.

[Approved February 21, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whenever it may be desired by three or more persons to form an association or incorporation for the purpose of introducing and maintaining in this State steam traction wagons or locomotives, for common roads, for the purpose of transporting freight and passengers on such roads, such persons, their associates or assigns, are hereby authorized to form themselves into such association or incorporation under and pursuant to the provisions of an Act entitled “An Act to provide for the formation of corporations for certain purposes,” approved March tenth, one thousand eight hundred and sixty-five, and of the several Acts amendatory thereto. Such association or incorporation shall be subject to all the restrictions, and shall derive and may profit by all the privileges and benefits contained in said aforementioned Act.

      Sec. 2.  Such association or incorporation in order to fully carry out its object, viz: the introduction and actual maintenance of lines of steam traction wagons or locomotives on roads of this State, are hereby expressly authorized to locate, survey, construct, maintain and own for their exclusive use, roads or highways, which shall include bridges over intervening streams, and all necessary grounds and property real and personal required for the purposes above mentioned, between points which shall be specified and designated as follows: Whenever any such associaciation or incorporation may desire to build a road for the exclusive use of steam traction wagons between any two or more points or towns in this State, such association or incorporation shall file a plat of the proposed road in the office of the County Recorder of the county or counties within or through which such road is proposed to be located; and shall also file a copy of the general articles of association of the company;

the general articles of association of the company; and the record of such plat and articles of association shall give constructive notice to all persons of the matters therein contained; which record and notice shall confer upon the company so filing, the exclusive right to the route designated and shown in the plat, unless said company fails to commence the construction of said road prior to the expiration of the limit of ninety days as hereinafter provided. The work of construction of said road must be commenced within ninety days from and after the filing of said plat. The association or incorporation proposing to construct roads, under this Act, are hereby authorized to enter upon private lands for the purpose above specified, and to lay all their roads not exceeding one hundred and fifty feet in width, together with such lands as may be necessary for water, fuel, transfers, passenger and freight stations, and to cross any other road or highway; and if said lands cannot be obtained by the consent of the owner or owners thereof, then such association or incorporation is hereby required in order to obtain such lands to take the course prescribed and set forth in section three of “An Act to provide for constructing or maintaining toll-roads and bridges in the State of Nevada,” approved March eighth, one thousand eight hundred and sixty-five.

      Sec. 3.  Such incorporations or associations are hereby authorized to combine, consolidate or contract with, or purchase any toll-road which is or may be formed under the laws of this State, for the purpose of making use in whole or in part of such toll-road for the purposes hereinbefore mentioned; provided, that in case any such association or incorporation shall purchase any toll-road as herein provided, the traveling public making use of said road prior to such purchase shall not be debarred the use of said road in consequence of such purchase; and, provided further, that all companies operating under this Act, that may effect any purchase of any toll-road now built or hereafter built, shall, in making use of said toll-road for the purposes hereinbefore mentioned, run said steam wagons as near as may be in conformity with a schedule or time table, which must be regularly published for the benefit of the public; and, provided further, that the road now used as the main thoroughfare between Virginia City and Truckee Meadows shall not be used by said steam wagons for the purpose of transporting freight or passengers, except by special act of the Legislature; and, provided further, that no toll-road shall be used for the purposes herein specified except the Board of Commissioners of the county in which the same may be located, first certify by public ordinance that such use will not seriously interfere with its use by the public.

      Sec. 4.  Chinese labor shall not be employed on said road or roads in constructing the same, or after it, or their completion in any manner whatever, under the penalty of forfeiture of the right of way, by the corporations or associations or persons owning the said road or roads, to the State of Nevada.

Copy of general articles to be filed.

When work to be commenced.

Authorized to enter upon private lands, etc.

Lands, how obtained.

Authorized to purchase, etc., toll roads.

Proviso.

Proviso.

Proviso.

Proviso.

Chinese labor prohibited.

Commissioners authorized to order election.

What notice shall state.

Ballots, how written or printed.

Canvass of vote.

Proviso.

When archives, etc., to be removed.

Elections, how conducted.

Chap. XIX.–An Act to provide for the Removal of the County Seat of Lincoln County by the qualified electors of said County.

[Approved February 21, 1871.]

The People of the State of Nevada, represented in Senate aad

Assembly, do enact as follows:

      Section 1.  Within ten days after the passage of this Act, the Board of County Commissioners of Lincoln County, are hereby authorized and required, to order an election to be held in said county, on a day not exceeding fifty-one days from the date of said order, giving thirty days notice thereof, in some newspaper published in said county, or by posting written or printed notices at the several voting precincts in said county. Such notices shall state the time and place of holding such election, and shall further state that the purpose for which such election is held, is to determine the question of the removal of the county seat of said Lincoln County.

      Sec. 2.  Each elector voting for the removal of the county seat, shall have written or printed on his ballot, the words “For Removal,” also the name of the place at which he desires the county seat to be located; and each person voting against the removal of the county seat, shall have written or printed on his ballot, the words “Against Removal.”

      Sec. 3.  The Board of Commissioners of said Lincoln County, shall meet on the second Monday following said election and proceed to canvass the vote, and the place having received the majority of all the legal votes cast at such election, shall be declared by them to be the county seat of the said county of Lincoln; provided, no one of the places voted for receive a majority of all the legal votes cast, there shall be held a second election for said county seat, on the second Thursday thereafter; at which second election, the balloting shall be confined to the two places having the highest number of votes, as provided for in this Act; but, if on canvass and return of the votes cast at the first election provided for in this Act, it appears that a majority of all the legal votes cast in said county are against removal, an entry shall be made on the records of the Board of County Commissioners of said county of Lincoln and no further proceedings shall be had under the provisions of this Act.

      Sec. 4.  Should the county seat of Lincoln County, be removed at any election held under the provisions of this Act, the Board of County Commissioners of said county of Lincoln, shall cause the archives, county records, books, maps, papers, furniture and all other public property of said county to be removed to the place selected as the county seat of said county, within ten days after the entry shall have been made upon the records of the Board of County Commissioners declaring such place the county seat, as in the Act provided.

      Sec. 5.  The elections provided for in this Act, shall be conducted in all respects as provided for by the general election laws of this State.

Chap. XX.–An Act to pay A. C. Ellis for Legal Services rendered and to be rendered in the cause of the State of Nevada, against Henry A. Rhoades, Administrator of the estate of Eben Rhoades, late State Treasurer, and the bondsmen of said Eben Rhoades.

[Approved February 21, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Upon the filing of a written agreement by A. C. Ellis, with the Secretary of State, to the effect that he, the said Ellis, will prosecute the case of the State of Nevada, against Henry A. Rhoades, Administrator of the estate of Eben Rhoades, deceased, late State Treasurer, and the bondsmen of said Treasurer, until its final termination, and release and relinquish all rights to the claim of one thousand dollars allowed by the State Board of Examiners, July sixth, one thousand eight hundred and seventy; the Controller of State is hereby authorized and directed to draw his warrant upon the Treasurer of State, in favor of A. C. Ellis, for the sum of two thousand five hundred dollars, and the Treasurer is hereby directed to pay the same out of any money in the General Fund not otherwise specifically appropriated.

      Sec. 2.  The sum of two thousand five hundred dollars, is hereby appropriated for the payment of said warrant, out of any moneys not otherwise specifically appropriated.

To file agreement.

Controller to draw warrant.

Treasurer to pay out of general fund.

Appropriation.

Chap. XXI.–An Act to amend an Act entitled “An Act for the Incorporation of Railroad Companies and the Management of the Affairs thereof, and other matters relating thereto,” approved March 22, 1865.

[Approved February 21, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section fifty-seven of the Act of which this is amendatory, is hereby amended so as to read as follows:

      Section Fifty-seven.  All railroads built by companies incorporated under the provisions of this Act, shall be constructed with the best quality of iron rail known [as] T rail, and H rail, or other patterns of equal utility; provided, the provisions of this section shall neither apply to track laid down in streets of incorporate cities or towns, nor other railroads operated by animal power.

      Sec. 2.  Section two of an Act entitled “An Act to amend a Act entitled ‘An Act to provide for the Incorporation of Railroad Companies and the Management of the Affairs thereof, and other matters relating thereto,

Kind of rail to be used in construction.

Proviso.

Acts repealed.

other matters relating thereto,’ approved March 22, 1865,” approved March 9, 1866, and an Act entitled “An Act to amend an Act entitled ‘An Act to amend an Act entitled an Act to provide for the Incorporation of Railroad Companies and the Management of the Affairs thereof, and other matters relating thereto,’ approved March 22, 1865,’ approved March 9, 1866,” approved February 16, 1869, are hereby repealed.

Treasurer to be custodian of securities.

Board of Education required to pass over securities, etc.

Payment of coupons.

Quarterly notice to Board of amount money in school fund.

Investment of fund.

Chap. XXII.–An Act to provide for the Safe Keeping of the Securities of the State School Fund.

[Approved February 21, 1871.]

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 State Treasurer shall be the legal custodian of all State and National securities in which the moneys of the State (irreducible) School Fund of the State of Nevada, are or may hereafter be invested, and for their safe keeping he shall be liable on his official bond.

      Sec. 2.  The State Board of Education shall immediately pass over to the State Treasurer, all moneys and securities now in their custody, taking from him duplicate receipts therefor; one of which they shall file with the Controller of State, who shall there upon charge the same to the State Treasurer.

      Sec. 3.  When due (after procuring the Controller’s warrant for the amount thereof,) the State Treasurer shall, in the presence of the State Board of Education, or a majority of the same, cut off and pay the coupon on such State securities as may be in said fund, and place the moneys so paid in the general (distributing) School Fund of the State, and keep a correct account thereof on his books.

      Sec. 4.  It is hereby made the duty of the State Controller quarterly, to notify the State Board of Education of the amount of money in the State School Fund; and whenever there shall be a sum in said fund sufficient for investment, said Board shall direct the State Treasurer to negotiate for investment of the same in United States securities, or in bonds of this State, at the lowest purchasable rates, and the Board shall then draw their order upon the State Controller in favor of the State Treasurer for the amount to be invested. Said Controller shall thereupon draw his warrant as directed, and the State Treasurer shall complete the purchase of the securities negotiated for by him in pursuance of this Act.

Chap. XXIII.–An Act to encourage the construction of a Railroad in the eastern portion of the State of Nevada.

[Approved February 21, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The “Eastern Nevada, Railroad Company,” a company heretofore organized and created, and now existing under and by virtue of the laws of the State of Nevada, is hereby given and granted the right, privilege and franchise of building, constructing, maintaining and operating a narrow gauge railroad, with iron rails, between the town of Elko, in the county of Elko, and the city of Hamilton, in the county of White Pine; the gauge whereof shall be of a width not more than forty-two nor less than thirty inches, and the grade thereof shall not exceed one hundred and twenty feet to the mile; and the said company is hereby vested with, and shall have and enjoy all and singular the rights, privileges and franchises conferred upon railroad companies incorporated in this State, by the provisions of an Act entitled “An Act to provide for the incorporation of Railroad Companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof.

      Sec. 2.  The Board of County Commissioners of the counties of Elko and White Pine, in this State, are hereby authorized, empowered and directed, to prepare and issue the bonds of their respective counties upon the conditions and pursuant to the provisions hereinafter enacted; which said bonds when so issued shall be delivered to the said Eastern Nevada Railroad Company, for its benefit; provided, that no Chinese or Mongolians shall be employed in the construction or maintaining of said road, and such employment of Chinese laborers shall work a forfeiture of the franchise, subsidies and all rights hereby granted.

      Sec. 3.  Whenever the said “Eastern Nevada Railroad Company” shall present to the Board of County Commissioners of either of said counties, a petition signed by the owners or the agents, or representatives of the owners, of more than two thirds of the taxable property of such county, as appears by the assessment roll thereof, for the year eighteen hundred and seventy, or seventy-one, and by more than two thirds in number of the tax-payers of such county, as shown by said assessment roll, which petition shall state that it is the desire of the signers thereof, that the bonds of said county should be issued to the said “Eastern Nevada Railroad Company,” in an amount to be in said petition named; which amount shall not exceed one tenth of the aggregate value of the taxable property of said county, as shown by said assessment roll, then and thereafter it shall be the duty of the Board of County Commissioners of such county, and such Board is hereby empowered and directed, to prepare and issue bonds of such county, in the amount named in said petition, as hereinafter provided; provided, that the bonds issued by the said county of Elko shall not exceed in amount one hundred and fifty thousand dollars,

Franchise granted.

Commissioners authorized to issue bonds.

Proviso.

Bonds to be issued on petition of taxpayers, etc.

Proviso.

When Chairman of Board to call meeting, etc.

Ordinance.

When bonds to be issued.

Proviso.

Proviso.

Amount of bond.

thousand dollars, and the bonds issued by the said county of White Pine shall not exceed in amount two hundred thousand dollars; and, provided further, when the Chairman of the Board of Commissioners of either Elko or White Pine counties shall receive the petitions hereinbefore in this Act provided, he shall forthwith, or within three days thereafter, call a meeting of said Board, at which meeting said petition shall be carefully examined with the county assessment rolls, and if the said Commissioners shall be satisfied that the names signed to such petition are genuine, and actually represent two thirds of the taxable property of the county, and two thirds of the number of tax-payers of said county, they, the said Commissioners, shall, and it shall be their duty to issue, and publish an ordinance, which shall recite such facts, and shall assert and guarantee, that in conformity with the provisions of this Act, the amount of bonds named in said petition will be issued, subject to the conditions and restrictions provided by this Act.

      Sec. 4.  Whenever the said “Eastern Nevada Railroad Company” shall have graded, laid the ties and a good quality of iron rails, known as T or H rails, or other rails of equal utility, completed and prepared ready for reception of the rolling stock, ten miles of said road, upon the line of said railroad, from the said town of Elko to the said city of Hamilton, and such fact shall appear to the said Board of County Commissioners, by the affidavit of the engineer of the said railroad company and by the personal examination of said Commissioners, and the petition mentioned in section three of this Act shall have been presented to the Board of County Commissioners of such county, then the said Board of County Commissioners shall prepare and issue and deliver to the said company, bonds of said county, in an amount which shall bear the same proportion to the whole amount of bonds to be issued as specified in said petition, as the said ten miles of railroad bears to the whole length of road proposed to be constructed in said county, as shown by the survey thereof; and thereafter upon the completion of the said road ready for the rolling stock, as hereinbefore provided, in such county, of each succeeding and continuous ten miles of the said road, a like amount of the said bonds shall be prepared, issued and delivered, until upon the completion of the last section of ten miles, or less, in said county, when, and at which time, the whole amount of the said bonds remaining unissued shall be issued and delivered to said company; provided, that no bonds for the county of Elko shall be issued to said railroad company, except upon completed sections of ten miles of said road, as hereinbefore provided; which grading shall commence at the town of Elko and continue successively until the boundary of White Pine County shall be reached, and thereafter upon completed sections, as hereinbefore provided, the bonds of said county of White Pine shall be issued; and, provided further, that the whole distance for which bonds have been issued shall, at the time of each subsequent application for the issuance of bonds, be completed ready for the rolling stock, as hereinbefore provided.

      Sec. 5.  The said bonds shall be of such amount as shall be deemed most salable and convenient; but no bonds shall be of less amount than one hundred dollars, and none for a greater amount than one thousand dollars.

amount than one thousand dollars. Said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of seven (7) per cent. per annum, payable semi-annually. The bonds shall be payable to bearer at the office of the County Treasurer of said county in twenty years from their date. The bonds shall be prepared in proper form under the directions of the Board, and shall be signed by the President or Chairman of the Board and County Treasurer, and countersigned by the clerk, who shall attach thereto the county seal. The coupons for semi-annual interest, consecutively numbered, shall be signed by the Treasurer of the county.

      Sec. 6.  Immediately after being notified by the company of the fulfilment of the conditions upon which any set of said bonds are to issue, as above stated, the Board of County Commissioners shall proceed to satisfy themselves, by personal inspection of the fact, of the performance of said conditions; and on being so satisfied shall, without delay, prepare, issue and deliver the bonds as above directed.

      Sec. 7.  From and after the issuance of said bonds, or any set thereof, the Board of County Commissioners of the county shall annually, at the same time, and in the same manner as other county taxes are levied, levy a special county tax sufficient in amount to pay the semi-annual interest upon said bonds, and after the fifth year from their issuance, an amount sufficient to pay in addition to the interest one fifteenth part of the principal of the whole amount of said bonds.

      Sec. 8.  The proceeds of said tax shall be placed by the County Treasurer of each of said counties in a separate fund, to be known as “The Railroad Interest and Sinking Fund,” and shall be applied exclusively, first, to the payment of the interest on said bonds as the same shall become due; and second, to the redemption of said bonds in the manner specified in the next section.

      Sec. 9.  Whenever after the fifth year from the issuance of said bonds, all interest due upon said bonds shall have been fully paid, and there shall be in said fund a surplus of five thousand dollars, or upwards, which, upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published or circulated in such county, for the period of not less than two weeks, stating the amount of money on hand to be applied to the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the clerk of said Board, on or before a day certain therein named. At the next meeting after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds.

Coupons.

When and how payable, and prepared.

When to be delivered, etc.

Special tax to be levied.

Proceeds of tax, how applied.

Surplus in fund, advertisement to be made for purchase of bonds.

Proposals for surrender of bonds.

Privileges, how secured.

      Sec. 10.  The said Eastern Nevada Railroad Company” shall, in order to secure the privileges herein specified, within six months after the approval of this Act, complete a locating survey of said route, and commence the grading of their road, and shall within two years after the completion of said survey, complete, finish and equip the entire road between said points, viz.: From Elko, in Elko county, to Hamilton, in White Pine county.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, or so modified as in any way to impair the security of those who shall hold or purchase any of the bonds herein provided for.

Duplicate claims to be filed with Board of Examiners.

Acts repealed.

Chap. XXIV.–An Act relating to Accounts against the State.

[Approved February 23, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Printer, and all other persons having claims against the State, shall file with the State Board of Examiners an itemized duplicate of their accounts.

      Sec. 2.  Chapter fifty-eight of the laws of Nevada, approved February twenty-seventh, one thousand eight hundred and sixty-six, entitled “An Act relating to accounts against the State,” and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Funding Commissioners.

Bonds to be prepared.

Chap. XXV.–An Act to consolidate and fund the Indebtedness of Elko County.

[Approved February 23, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  In order to consolidate and fund the entire indebtedness of the county of Elko, for which warrants have been issued, and place all of its financial transactions upon a cash basis, the chairman of the Board of County Commissioners, the Auditor and County Treasurer of said county, and their successors in office shall constitute and are hereby created a Board of Commissioners, to be known and styled as the Funding Commissioners of the county of Elko, of the State of Nevada, and shall have and exercise the powers hereinafter provided.

      Sec. 2.  It shall be the duty of said Funding Commissioners to cause to be prepared bonds equal to the present county indebtedness, together with all the indebtedness that shall have accrued for which warrants have, or may be issued before the first day of March,

for which warrants have, or may be issued before the first day of March, a. d. one thousand eight hundred and seventy-one. Said bonds shall be of the denomination of one hundred, three hundred, and five hundred dollars each, and each and every bond purport in substance that the county of Elko, State of Nevada, owes the holder thereof a sum to be expressed therein, bearing interest at the rate of ten per cent. per annum from the first day of March, a. d. one thousand eight hundred and seventy-one, the interest to be paid upon presentation at the office of the County Treasurer on the first day of January, a. d. one thousand eight hundred and seventy-two, and on the first day of January annually thereafter, until said bonds are paid and liquidated. Said bonds shall be due and payable in gold coin at the office of the County Treasurer of said county of Elko, on or before the first day of January, one thousand eight hundred and eighty-one. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county, and countersigned by the County Auditor, and indorsed by the County Treasurer, and shall have the seal of the county annexed thereto.

      Sec. 3.  It shall be the duty of said Funding Commissioners to keep an account of the number, denomination and amount of all bonds signed by them in accordance with the provisions of this Act; and it shall be the duty of said Commissioners to examine all warrants presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurer’s and Auditor’s books; corresponding to the entries therein; and no others than those found to be true and lawful ones against the county of Elko, shall be funded.

      Sec. 4.  It shall be the duty of the Auditor and Treasurer each to keep a separate record of all such bonds as may be issued in accordance with this Act; showing the number, date and amount, and to whom issued, together with the coupons that may be issued.

      Sec. 5.  Coupons for the interest shall be annexed to each bond; said coupons shall be numbered 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. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office.

      Sec. 6.  All persons having any warrants of the county of Elko, payable on or before the first day of March, one thousand eight hundred and seventy-one, whether in warrants drawn upon the Treasurer, or accounts audited and allowed by the Board of County Commissioners, before the first day of March, one thousand eight hundred and seventy-one, shall be entitled to fund the same by virtue of this Act; provided, that for any fractional sum less than the amount of the bonds authorized to be issued by this Act, said Commissioners shall issue to the holder of the county warrant, or such other evidences of indebtedness as may have been audited or allowed by the Board of County Commissioners, a certificate of such fractional sum, and upon presentation of the came to the County Auditor,

Denomination and purport.

When due and payable.

How signed, etc.

Duty of commissioners.

Auditor and Treasurer to keep a separate account

Coupons.

Warrants, etc., may be funded.

Proviso.

Fractional sums.

Warrants redeemed to be canceled, etc.

Tax to be levied and collected.

Interest tax.

Fund applied.

Proviso.

Treasurer to arrange for payment of interest.

Sinking fund to be set apart.

Sealed proposals, redemption of bonds.

came to the County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified; and said warrant thus drawn must be presented to the Treasurer of said county within eight months after the first day of March, one thousand eight hundred and seventy-one. And said warrants shall be payable in coin, in their regular order of payment, according to the number and date thereof.

      Sec. 7.  Whenever any bonds shall have been paid and redeemed by the County Treasurer, he shall mark the same canceled, over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor, and the County Auditor, upon receipt of such canceled bonds, shall file the same in his office.

      Sec. 8.  In addition to the ordinary taxes for county purposes, there shall be for the year one thousand eight hundred and seventy-one, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided, to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax, to be called the Interest Tax, of forty-five cents on each one hundred dollars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and be paid over to the County Treasurer. The fund derived from this tax shall be applied only to the payment of the interest accruing upon said bonds, as herein provided; provided, that should said funds furnish a surplus over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the Sinking Fund, herein provided for.

      Sec. 9.  It shall be the duty of the County Treasurer of Elko County, to make such arrangements for the payment of the interest of said bonds when the same falls due, at least thirty days before the time of payment, and in the event said Interest Fund is insufficient, the said Treasurer shall draw on the General Fund of the county for such purpose, and in the event that said fund should prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and for the protection of the credit of the county of Elko.

      Sec. 10.  It shall be the duty of the Treasurer of said county to be to set apart a fund to be called the “Sinking Fund of the County of Elko.” Into said fund shall be paid, first, any and all surplus of the Interest Fund as aforesaid; each of said payments shall be continued until the said Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds, and when the same shall have been paid and liquidated, the same shall cease, and all surplus remaining in the Sinking Fund shall be paid into the General Fund of said county.

      Sec. 11.  Whenever at any time there shall be in the Sinking Fund a sum of money amounting to one thousand dollars, or upward, the County Treasurer shall advertise in a public newspaper, published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds; but in case there be no newspaper published in said county, then, in that case, said advertisement shall be published in some newspaper having the largest circulation in said county, to be designated by the County Auditor; the advertisement to specify the day, hour and place the sealed proposals will be opened.

the County Auditor; the advertisement to specify the day, hour and place the sealed proposals will be opened.

      Sec. 12.  At the time specified the Treasurer shall open the sealed proposals, at his office, in the presence of the chairman of the Board of County Commissioners and Auditor, and such other persons as may wish to be present: and shall pay and liquidate such bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be for more than their par value; and, provided, that if there be no sealed proposals made, or offered, for the surrender and payment of said bonds, then in that case it shall be the duty of the County Treasurer to advertise in the manner as before mentioned, for a period of not less than twenty, or more than thirty days, for the surrender and payment of so many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment, commencing with number one, two and three, and so continue the payment in that order according to their number and date; and in the event that the holder or holders of the bond, or bonds, first in order of payment shall fail to present his or their bond or bonds for payment, at the office of the County Treasurer, in the town of Elko, at the time indicated in the beforementioned advertisement, then in that case, the said bond or bonds shall cease to draw interest from such date named in the advertisement for the payment of the same. And in like manner the County Treasurer shall continue to advertise the next bond or bonds in order of payment, according to their number and date, and if the holder or holders thereof fail to surrender for payment, as provided, the interest upon said bonds shall cease, as before mentioned. The County Treasurer shall continue to advertise from time to time, as provided, until the whole amount of bonds has been advertised, or the amount of money in the Sinking Fund shall have been paid out in their redemption, as heretofore provided; and, provided, that should there be no proposals made for less than par value, then the payment shall be made pro rata on all of said bonds; provided further, that said bonds upon which interest shall have ceased in consequence of the holder or holders thereof having failed to present the same for payment, as above provided in this Act, then, and in that case, said bonds shall have preference over the interest-bearing bonds in order of payment, and shall be paid in their regular order of date and number, but under the same rules, regulations and restrictions as provided in this Act for interest-bearing bonds.

      Sec. 13.  A full and particular account and record of the sinking fund shall be kept by said Treasurer, and shall at all times be open for the inspection of the Auditor, Board of Commissioners and Grand Jury, and upon demand of the Grand Jury, of said county, the Treasurer shall cause a concise statement to be made of the condition and business of said fund, and the amount of bonds issued, and to whom issued.

      Sec. 14.  The County Treasurer shall pay out of any money in the treasury, not otherwise appropriated, any and all expenses that may be incurred in having said bonds prepared, not to exceed the sum of four hundred dollars.

      Sec. 15.  The Funding Commissioners shall receive such compensation for their services as the Board of County Commissioners may allow, to be paid out of the county treasury as other charges against the county are paid.

Sealed proposals opened.

Proviso.

Advertisement when no proposals made.

When interest on bonds to cease.

Same.

When paid pro rata.

Preference.

Treasurer to keep account of fund, etc.

Payment of expenses.

Compensation of commissioners.

Funding.

County Commissioners restricted in contracting debts.

Officers not complying with Act.

Penalty.

Power of District Court.

Fines, etc.

ers may allow, to be paid out of the county treasury as other charges against the county are paid.

      Sec. 16.  On the first day of March, one thousand eight hundred and seventy-one, the County Treasurer of Elko County, shall advertise in some newspaper as heretofore provided, for the period of thirty days, that from and after that day the funding of the then outstanding warrants of Elko County will commence; from which time it shall not be lawful for the Treasurer of said county to pay or liquidate any of the outstanding warrants of said county in any other way than by funding it in accordance with the provisions of this Act, nor shall said Treasurer under any pretense whatever, liquidate, pay or cause to be paid any portion thereof, only in accordance with the provisions of this Act. The expense for publishing as provided in this Act, shall be paid out of the general fund of the county.

      Sec. 17.  On and after the first day of March, one thousand eight hundred and seventy-one, the Board of County Commissioners of said county, shall contract no debt, and incur no liabilities, that shall singly or in the aggregate, with any other previous debt or liabilities contracted or incurred, after the said first day of March, exceed the sum of nine thousand dollars more than the amount of money in the county treasury subject to the payment of the same.

      Sec. 18.  Any county officers or officers of the county of Elko, who shall willfully neglect or refuse to comply with the requisitions or provisions of this Act shall be deemed guilty of misdemeanor, or in office, and be fined in any sum not less than two hundred, nor more than one thousand dollars, to be recoverable before any court of competent jurisdiction, or dismissal from office, or both such fine and dismissal, in the discretion of the court; and it is hereby made the duty of the District Judge of Elko County to give the substance of this section in charge to the Grand Jury at each session, making it their duty to inquire and investigate as to any infraction or violation of this Act, by any of the officers herein named, whose duty it is to carry into practical effect the provisions of this Act; and it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act.

      Sec. 19.  The District Court of Elko County shall have power to enforce obedience to the provisions of this Act, and for that purpose shall have full power to issue process of mandamus, prohibition and all other writs that may be required, that are authorized by law.

      Sec. 20.  All fines and penalties collected under the provisions of this Act, shall be paid into the school fund.

Chap. XXVI.–An Act to temporarily fix the County Seat of Lincoln County.

[Approved February 24, 1871.

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The county seat of Lincoln County is hereby temporarily located at the town of Pioche, for a period not to exceed three months from the passage of this Act.

      Sec. 2.  It shall be the duty of all officers of said county, who are required by law to keep their offices at the county seat, to remove the same to said town of Pioche, within ten days after the passage of this Act.

      Sec. 3.  The County Commissioners of said county shall provide for the removal of the archives of said county of Lincoln to said town of Pioche, within ten days from the passage of this Act; but no money shall be expended in the erection or purchase of county buildings, until the county seat of said county of Lincoln be permanently fixed by a vote of the people. It shall be lawful for the County Commissioners of Lincoln County to rent, for the use of the various public officers at Pioche, such offices as may be required by law.

      Sec. 4.  This Act shall be in force from and after its passage.

County seat temporarily located.

Officers to be removed.

County Commissioners to provide for removal.

May rent offices.

Chap. XXVII.–An Act to provide for the payment of the Indebtedness of White Pine County.

[Approved February 27, 1871.

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 April, a. d. one thousand eight hundred and seventy-one, it shall not be lawful for the Treasurer of the county of White Pine, to pay any warrant drawn on the treasury of said county, prior to the first day of April, a. d. one thousand eight hundred and seventy-one, except in the manner hereinafter provided.

      Sec. 2.  The Board of County Commissioners of said county, are hereby authorized and directed, from and after the first day of April, a. d. one thousand eight hundred and seventy-one, to create in the county treasury of said county, a fund to be known as the Redemption Fund of said county. As soon after the first day of April, a. d. one thousand eight hundred and seventy-one, as is practicable, they shall cause to be transferred into said redemption fund, thirty (30) per centum of all county revenues, in the county treasury of said county, at the time of the taking effect of this Act; and the County Treasurer of said county, is hereby expressly prohibited from paying out any portion of said thirty (30) per centum of said revenues,

Treasurer prohibited from paying warrants.

Redemption fund created.

Revenue to be transferred.

Disbursed.

Duty of Treasurer.

Sealed proposals for surrender of warrants.

Proposals opened.

Proviso.

Accepted bids.

Warrants to be canceled.

Vouchers.

Lowest bid.

Warrants, etc., to be returned.

Separate account.

expressly prohibited from paying out any portion of said thirty (30) per centum of said revenues, from said treasury, until the said order of transference to be made by said Board of County Commissioners, as hereinbefore provided for, is duly certified to such Treasurer; and they shall cause thirty (30) per centum of all county revenues paid into the treasury of said county, at any time after the first day of April, a. d. one thousand eight hundred and seventy-one, to be placed in said redemption fund, as soon as paid into said treasury. The moneys placed in the redemption fund, created by this Act, shall be disbursed as hereinafter provided.

      Sec. 3.  Whenever at any time there shall be in said redemption fund the sum of one thousand dollars, or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice, by publication in some newspaper published at the county seat of said county, that sealed proposals directed to him will be received for the surrender of county warrants, issued prior to April first, a. d., one thousand eight hundred and seventy-one, or under the provisions of this Act; and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said county thereafter.

      Sec. 4.  On the first day of such regular meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county warrants specified in the preceding section; provided, that no bid for more than par value shall be accepted by them; nor any bid unless accompanied by the warrant or warrants proposed to be surrendered.

      Sec. 5.  When any bids are accepted, the County Auditor and Treasurer shall each take a description of the warrants to be redeemed; specifying the amount to be paid for each warrant; the date, number and amount thereof, and make a record thereof in their respective offices. And thereupon, the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants designated in the accepted bid or bids, and pay for the same out of the redemption fund aforesaid; and all warrants so redeemed shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, “purchased and redeemed,” adding thereto the time when and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners, aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants for the least sum of money. The bids and amounts of warrants being equal, taking into consideration both principal and interest, each shall be accepted pro rata as nearly as possible. The County Treasurer shall return all unaccepted bids, together with the warrants therein contained, to the owners on demand. The County Treasurer shall keep a separate account under the heading of Redemption Fund, of all moneys received into the said fund; and of all moneys paid out of said fund, and to whom paid. He shall also, on the register of county warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word “purchased,” and state the amount paid therefor.

kept by him, write opposite each warrant redeemed under the provisions of this Act, the word “purchased,” and state the amount paid therefor.

      Sec. 6.  When any claim against said county, which accrued prior to the first day of April, a. d. one thousand eight hundred and seventy-one, is allowed by the Board of County Commissioners of said county, after the first day of April, a. d. one thousand eight hundred and seventy-one, the same shall be allowed as purchasable out of the redemption fund of said county; and all warrants drawn for the payment of the same, shall be drawn upon and purchasable out of said redemption fund, in the same manner provided by this Act for the purchase of other county warrants, with moneys of said county in said redemption fund.

      Sec. 7.  From and after the first day of April, a. d. one thousand eight hundred and seventy-one, all persons holding demands against the said county, which have been allowed by the County Commissioners and County Auditor, as also all which may be allowed after April first, a. d. one thousand eight hundred and seventy-one, that may have accrued prior to such date, shall present the same to the County Auditor of said county, who shall issue therefor county warrants for the amount of such demands, and take up and retain all evidence of indebtedness held by such persons for such demands; and such warrants so drawn shall bear interest from the date of the same, at the rate of ten per centum per annum until paid, and shall be subject to the provisions of this Act.

      Sec. 8.  The provisions of this Act shall in no manner interfere with the levy, collection, appropriation and payment of a special tax for the purpose of paying the principal and interest of the bonds issued by said county for building purposes, under and by virtue of an Act entitled “An Act to authorize the County Commissioners of the several counties of this State to build, or purchase, buildings suitable for county purposes,” approved March tenth, a. d. one thousand eight hundred and sixty-five.

      Sec. 9.  Whenever at the end of any fiscal year there shall remain in any of the other funds of the county, except the school fund, a surplus, it shall be the duty of the County Treasurer to transfer such surplus to the redemption fund, herein provided, and it shall be the duty of said Treasurer to advertise such surplus, and purchase outstanding warrants with it, in the same manner as specified in this Act.

      Sec. 10.  All Acts and parts of Acts heretofore passed, as far as they conflict with the provisions of this Act, are hereby repealed.

      Sec. 11.  This Act shall take effect, and be in force, from and after the first day of April, a. d. one thousand eight hundred and seventy-one.

Warrants drawn and purchasable out of Redemption Fund.

Demands allowed to be retired.

Interest.

Provisions not to interfere with special tax.

Surplus to be transferred.

Repeal.

Act to take effect.

Right of way granted.

Survey and location.

Chinese or Mongolian labor prohibited.

Chap. XXVIII.–An Act to grant the right of way to Hill Beachey, O. R. Johnson, B. A. Townsend, and their associates, to build and maintain a narrow gauge railroad from Reno, Washoe County, to Virginia City, Storey County.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The right of way is hereby granted and given to Hill Beachey, O. R. Johnson, B. A. Townsend, and their associates, to locate, build and maintain a narrow gauge railroad from Reno, in Washoe County, to Virginia City, Storey County, in this State, subject to the provisions of an Act entitled “An Act to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto,” approved March twenty-second, one thousand eight hundred and sixty-five.

      Sec. 2.  The survey and location of said road shall be completed in six months after the passage of this Act; and the entire road shall be completed, fully equipped, and in running order, within eighteen months after the completion of the locating survey, under penalty of a forfeiture of all the rights, privileges and franchises hereby granted.

      Sec. 3.  Neither Chinese nor Mongolians shall be employed as laborers in the construction or maintaining of said road, and the employment of such Chinese, or Mongolian labor, shall work the forfeiture of all the rights and privileges accruing under the provisions of this Act.

School moneys, how paid.

Chap. XXIX.–An Act in relation to the payment of School Moneys by County Treasurers.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  When any money shall be due and payable, by any school district in this State, for compensation of teachers, or for any other object or purpose, the trustees of such school district shall certify officially to the nature, amount and correctness of such claim, enter a record of such action on the minutes of their proceedings, and deliver such certified claim to the owner thereof, who shall present the same to the County Auditor of the county in which such school district is. Said County Auditor shall audit such claim, on being satisfied of its correctness, and if there be then money in the treasury of said county, which may lawfully be applied to the payment of such claim, the Auditor shall give his warrant on the County Treasurer for the amount thereof, stating the nature of the claim in such manner as to inform the Treasurer out of what fund the same shall be paid.

his warrant on the County Treasurer for the amount thereof, stating the nature of the claim in such manner as to inform the Treasurer out of what fund the same shall be paid. If there be not funds then in the county treasury to pay such claim, the Auditor, upon auditing the same, shall give his certificate to the claimant that he has audited the same, and as soon thereafter as money shall be in the treasury to pay the same, he shall, on surrender of such certificate, issue a warrant on the Treasurer for the amount of such claim.

      Sec. 2.  When any certified claim shall be presented to the County Auditor of the proper county, as provided in section one of this Act, for his official action, such Auditor shall, if not fully satisfied of its correctness, require proof thereof, in addition to the certificate of the school trustees, and shall notify the County Superintendent thereof, as well as the claimant, and of the time when such proof will be received and considered, which shall be without unnecessary delay or haste; and at the time fixed the claimant shall submit his proofs, and the County Superintendent may rebut the same, and otherwise promote the administration of justice in the matter. And in all cases of failure to prove a claim to his satisfaction, under this Act, the Auditor shall reject the whole, or any part thereof which he may deem unjust; and such claimant may thereupon sue therefor in any court of competent jurisdiction; and, if he recover judgment, the claim, so far as adjudged correct and payable, shall then be audited by the Auditor of the proper county. Any suit instituted by any claimant, under the foregoing provisions of this Act, shall be defended by the District Attorney of the county in which it shall be brought; and if the claimant recover judgment for costs, they shall be paid by the county, on allowance by the Board of County Commissioners, out of the General Fund of such county.

      Sec. 3.  All Acts and parts of Acts now in force, so far only as in conflict with the provisions of this Act, are hereby repealed.

Auditor may require proof of claim.

Notice.

Proofs.

May reject.

Claimant may sue.

Repeal.

Chap. XXX.–An Act to provide for the transfer of Certain Moneys from the Indigent Sick and Contingent Funds of Churchill County to the General Fund of said county.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Treasurer of Churchill County is hereby authorized and required to transfer such sums of money as the Board of County Commissioners of said county may direct, from the Indigent Sick and Contingent Funds to the General Fund of said county.

Treasurer authorized to transfer money.

Terms of Court.

Chap. XXXI.–An Act fixing the time for holding the Terms of the District Court of the Fourth Judicial District.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The regular terms of the District Court of the Fourth Judicial District shall commence on the second Monday of April, the second Monday of August and the first Monday of December in each year. Said court shall not convene until the second Monday in April, one thousand eight hundred and seventy-one.

Salary of Judge.

Proviso.

Chap. XXXII.–An Act relative to the Salary of the Judge of the Fourth Judicial District.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The salary of the Judge of the Fourth Judicial District shall be four thousand dollars in coin per annum, on and after the expiration of the term for which the present incumbent was elected; provided, in case a vacancy shall occur in the office of District Judge of said district, during the term of the present incumbent, then the salary of the Judge of said judicial district shall be four thousand dollars per annum, in coin, from the date of the appointment or election to fill such vacancy.

Preamble.

Chap. XXXIII.–An Act authorizing a State Loan, and levying a tax to provide means for the payment thereof.

[Approved February 27, 1871.]

      Whereas, The amount of the territorial indebtedness of the late Territory of Nevada, assumed by this State, together with the interest thereon, paid by this State, exceeds the sum of three hundred and eighty thousand dollars, for which sum the bonds of this State may be issued, as authorized by section seven of article seventeen of the Constitution, without being deemed or held subject to the limitations contained in section three of article nine of the Constitution; therefore-

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  By virtue of the power granted to the Legislature by the seventh section of article seventeen of the Constitution of the State of Nevada, and for the purpose of paying the principal and interest of the territorial proportion of the State Loan of February sixth, one thousand eight hundred and sixty-seven, heretofore assumed by the State, on account of territorial indebtedness and interest, a loan, not exceeding the sum of three hundred and eighty thousand dollars, is hereby authorized to be negotiated on the faith and credit of the State, to be paid within fifteen years from the date of negotiation of said loan, to bear a rate of interest not exceeding ten (10) per cent. per annum, from the date of the bonds, payable semi-annually, at such places in San Francisco and in New York City as may be designated by the Treasurer of this State, or at this office of the State Treasurer in Nevada, at the option of the party or parties to whom such bonds are issued.

      Sec. 2.  The State Controller shall cause the bonds to be prepared that are to be issued for the payment of the loan authorized by this Act; which bonds shall be signed by the Governor, countersigned by the Controller, endorsed by the Treasurer, and authenticated with the great seal of the State. Coupons for interest shall be attached to each bond, so that the coupons may be removed without injury or mutilation to the bond. Said coupons, consecutively numbered, shall be signed by the State Treasurer.

      Sec. 3.  The Treasurer and Controller of State, or either of them, by and with the advice and consent of the other, are hereby made Commissioners on the part of the State, to negotiate the sale of the bonds provided herein to be issued; provided, no bonds shall be issued or negotiated until on or after the first day of January, one thousand eight hundred and seventy-two, except in exchange for bonds, interest, or other evidences of indebtedness against the State, as provided for in section nine (9) of this Act.

      Sec. 4.  It shall be the duty of the Treasurer and Controller of State each to keep a separate record of all such bonds as may be issued, showing the number, date, amount and rate of interest of each bond, and to whom issued. No bond shall be issued for a less sum than one hundred dollars. No bonds issued under the provisions of this Act shall be sold for any currency except gold and silver coin of the United States, nor at less than their par value; and for the payment of said bonds, both principal and interest in gold and silver coin of the United States, the faith and credit of the State is solemnly pledged.

      Sec. 5.  After the negotiation and sale of the bonds provided for in this Act, it shall be the duty of the State 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 shall be called the “Territorial Interest and Sinking Fund.” There shall be levied and collected for the fiscal year commencing January first, one thousand eight hundred and seventy-two, and annually thereafter, until all the bonds issued and sold under this Act shall have been fully paid, both principal and interest, an ad valorem tax of twenty-five (25) cents upon each one hundred dollars of taxable property in the State.

Loan authorized to be negotiated.

Bonds, how prepared.

Coupons.

Commissioners for sale of bonds.

Treasurer and Controller to keep separate record.

Sale of bonds.

Territorial interest and sinking fund.

Tax to be levied.

Revenue pledged for payment of bonds.

Proviso.

Tax on proceeds of mines not pledged.

Arrangements for payment of interest.

Surplus remaining on payment of interest, how disposed of.

Surplus to be invested, when.

after, until all the bonds issued and sold under this Act shall have been fully paid, both principal and interest, an ad valorem tax of twenty-five (25) cents upon each one hundred dollars of taxable property in the State. The revenue derived from said tax shall be paid into the “Territorial Interest and Sinking Fund,” and is hereby set apart, apportioned and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State, issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any manner diverted from the State Treasury for any other purpose than paying or retiring the bonds, both principal and interest, issued pursuant to the provisions of this Act, except as hereinafter provided; provided, that in the event all of the bonds herein authorized to be issued are not sold or disposed of, then it shall be the duty of the Treasurer, immediately after each payment of the semi-annual interest on all outstanding bonds, to transfer to the general fund so much of the money derived from the tax aforesaid remaining in his hands as shall be the due proportion of the whole of said tax on bonds unsold or undisposed of under the provisions of this Act; provided further, that no portion of any tax whatsoever levied on the proceeds of the mines, shall be construed to form any part of the revenue appropriated and pledged by this section for the redemption of the said bonds, but shall be paid into the General Fund for general State purposes.

      Sec. 6.  It shall be the duty of the said Commissioners to make definite arrangements for the payment of the interest on the said bonds when the same shall fall due, at least sixty (60) days before the time of payment; and, in the event that said interest and sinking fund, as in this Act provided is insufficient, the said Treasurer shall draw on the general fund for such purpose; and, in the event that said funds prove inadequate, the Treasurer, by and with the consent of the Governor and State Controller, or either of them, is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest, and the protection of the faith of the State.

      Sec. 7.  Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next ensuing semi-annual interest, of five thousand (5,000) dollars, or more, in the fund created by the fifth (5th) section of this Act, it shall be the duty of the State Treasurer to advertise in one or more daily newspapers published in this State, and in the cities of San Francisco and New York, for sealed proposals for the surrender of bonds issued under this Act. He shall state in such advertisement the amount of money on hand applicable to the redemption of such bonds, and he shall accept such proposals, at rates not exceeding par value, as may redeem the greatest amount of bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to, or received by the State Treasurer, as provided in this section, it shall be his duty, by and with the advice and consent of the Controller or Governor, to invest the surplus on hand in said interest and sinking fund,

surplus on hand in said interest and sinking fund, for the redemption of said bonds, in the interest-bearing gold bonds of the United States, which bonds, with the interest thereon, shall remain in said interest and sinking fund until it becomes necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act.

      Sec. 8.  The Treasurer and Controller of State, shall, on or before the first day of January of each year, report to the Governor, a full, true and correct statement of the amount of bonds redeemed, the amount of interest paid, the amount of interest-bearing gold bonds of the United States purchased, and the amount of money in the treasury belonging to the fund created by this Act, and the Governor shall report the same in detail to each biennial session of the Legislature.

      Sec. 9.  Nothing contained in this Act shall be so construed as to prevent the State Treasurer from exchanging the bonds issued by virtue of this Act, for any of the outstanding bonds and interest, or other evidences of indebtedness provided to be paid or retired by section one of this Act, but such exchange may be made at their par value; and he shall use the proceeds obtained from the sale of bonds issued under the provisions of this Act only for the purpose of paying the bonds and interest thereon, provided to be paid by section one of this Act.

      Sec. 10.  After the bonds authorized to be issued under the provisions of this Act shall fall due, and there shall be in the State treasury money applicable to the payment of such bonds, the State Treasurer shall advertise in a newspaper published in this State, and in the cities of New York and San Francisco, for the period of thirty days, his readiness to redeem and pay said bonds, giving the number and date of each bond to be so redeemed. The Treasurer shall keep on hand the principal and interest on any advertised bond, and no bond shall bear interest after the expiration of thirty days from the time the Treasurer advertises his readiness to pay the same.

      Sec. 11.  The sum of three thousand (3000) dollars, or so much thereof as may be necessary, is hereby appropriated out of the general fund, not otherwise appropriated, to defray the expenses of the procurement and negotiation of the required bonds, and placing the proceeds thereof in the State Treasury.

Report of amount of bonds redeemed, etc., to be made.

Treasurer may exchange bonds for other indebtedness, etc.

Treasurer to advertise readiness to pay bonds.

When interest to cease.

Appropriation.

Loan authorized to be negotiated.

Bonds, how prepared.

Coupons.

Sale of bonds.

Commissioners for sale of bonds.

Loan.

Proviso.

Chap. XXXIV.–An Act to authorize a State Loan, for the purpose of paying the State proportion of the Bonds issued under the Act, approved February sixth, one thousand eight hundred and sixty-seven; and to Fund the Floating Debt, and place the State upon a permanent cash basis.

[Approved February 27, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  By virtue of the power granted to the Legislature by the third section of article nine of the constitution of the State of Nevada, and for the purpose of paying the State proportion of the bonds issued under the Act, approved February sixth, one thousand eight hundred and sixty-seven, amounting to the sum of one hundred and twenty thousand (120,000) dollars, and to provide for the payment of registered warrants, and to place the State upon a permanent cash basis, a loan of two hundred and eighty thousand (280,000) dollars, is hereby authorized to be negotiated, on the faith and credit of the State, to be paid within ten years from the date of negotiation of said loan, to bear a rate of interest not exceeding ten (10) per cent. per annum, from the date of the issuance of the bonds, payable semi-annually at such places in San Francisco and in New York City, as may be designated by the Treasurer of this State, or at the office of the State Treasurer in Nevada, at the option of the party or parties to whom such bonds are issued.

      Sec. 2.  The State Controller shall cause the bonds to be prepared that are to be used, for the payment of the loan authorized by this Act; which bonds shall be signed by the Governor, countersigned by the Controller, endorsed by the Treasurer, and authenticated with the great seal of the State. Coupons for interest shall be attached to each bond, so that the coupons may be removed without injury or mutilation to the bond. Said coupons consecutively numbered, shall be signed by the State Treasurer.

      Sec. 3.  No bonds issued under the provisions of this Act, shall be sold for any currency except gold and silver coin of the United States, nor at less than their par value; and for the payment of said bonds, both principal and interest, in gold and silver coin of the United States, the faith and credit of the State is solemnly pledged.

      Sec. 4.  The Treasurer and Controller are hereby made Commissioners on the part of the State, and they or either of them, with the advice and consent of the other, are hereby authorized to negotiate the sale of the bonds provided herein to be issued. It shall be the duty of said Commissioners to negotiate a loan not exceeding one hundred and sixty thousand (160,000) dollars, to pay the registered warrants, and to place the State on a permanent cash basis, at as early a day as practicable; provided, the State Treasurer may exchange any of the bonds issued under this Act for outstanding registered warrants, at their par value, in sums not less than one hundred (100) dollars. It shall also be the duty of said Commissioners on or after the first day of January,

the duty of said Commissioners on or after the first day of January, one thousand eight hundred and seventy-two, to negotiate a loan, not exceeding one hundred and twenty thousand (120,000) dollars to pay the State proportion of the bonds issued under the Act of February sixth, one thousand eight hundred and sixty-seven, at their maturity; provided, the Treasurer may, at any time, exchange any of the bonds issued under this Act, for any of the bonds named in section one, at their par value, in sums not less than one thousand (1,000) dollars.

      Sec. 5.  After the negotiation and sale of the bonds provided for in this Act, it shall be the duty of the State Treasurer to set apart a fund, for the purpose of paying the principal and interest of said bonds, when they shall become due; which shall be called the State Interest and Sinking Fund. There shall be levied and collected for the first fiscal year, commencing January first, one thousand eight hundred and seventy-one, an ad valorem tax, of twelve and one half cents upon each one hundred dollars of the taxable property in this State, to provide for the interest on the one hundred and sixty thousand (160,000) dollars, and there shall be levied and collected, for the fiscal year commencing January first, one thousand eight hundred and seventy-two, and annually thereafter, until all the bonds issued and sold under the provisions of this Act, shall have been fully paid, both principal and interest, an ad valorem tax of twenty-five (25) cents upon each one hundred dollars of the taxable property in this State. The revenue derived from said tax shall be paid into the State Interest and Sinking Fund, and is hereby set apart, appropriated and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State, issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax herein levied, shall be paid out, or in any manner diverted from the State Treasury for any other purpose than paying or retiring the bonds, both principal and interest, issued pursuant to the provisions of this Act, except as hereinafter provided; provided, that no portion of any tax whatsoever, levied on the proceeds of the mines, shall be construed to form any part of the revenue appropriated and pledged by this section for the redemption of the said bonds, but shall be paid into the general fund, for general State purposes.

      Sec. 6.  It shall be the duty of the Treasurer and Controller of State to make definite arrangement for the payment of the interest on the said bonds when the same shall become due, at least sixty days before the time of payment, and in the event that said interest and sinking fund, as in this Act provided, is insufficient, the said Treasurer and Controller shall draw on the general fund for such purpose; and in the event that said funds prove inadequate, the said Commissioners are hereby authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State.

      Sec. 7.  Whenever, at the time of paying the semi-annual interest on the bonds provided to be issued by this Act, there shall remain a surplus after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next semi-annual interest, of five thousand (5,000) dollars,

Loan.

Proviso.

State interest and sinking fund.

Revenue not to be diverted from payment of principal and interest

Proviso.

Arrangements for payment of interest.

Surplus remaining on payment of interest, how disposed of.

Surplus to be invested, when.

Report of amount of bonds redeemed, etc, to be made.

Treasurer to advertise readiness to pay bonds.

When interest to cease.

Appropriation.

Separate record.

(5,000) dollars, or more, in the fund created by the fifth (5th) section of this Act, it shall be the duty of the State Treasurer to advertise in one or more daily newspapers published in this State, and in the cities of San Francisco and New York, for sealed proposals for the surrender of bonds issued under this Act. He shall state in such advertisement the amount of money on hand applicable to the redemption of such bonds, and he shall accept such proposals, at rates not exceeding par value, as may redeem the greatest amount of bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to, or received by the State Treasurer, as provided in this section, it shall be his duty, by and with the advice and consent of the Controller, to invest the surplus on hand in said interest and sinking fund, for the redemption of said bonds, in the interest-bearing gold bonds of the United States, which bonds, with the interest thereon, shall remain in said interest and sinking fund until it shall become necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act.

      Sec. 8.  The Treasurer and Controller of State shall, on or before the first day of January of each year, report to the Governor a full, true and correct statement of the amount of bonds redeemed, the amount of interest paid, the amount of interest-bearing gold bonds of the United States purchased, and the amount of money in the treasury belonging to the fund created by this Act, and the Governor shall report the same in detail to each biennial session of the Legislature.

      Sec. 9.  After the bonds authorized to be issued under the provisions of this Act shall fall due, and there shall be in the State treasury money applicable to the payment of such bonds, the State Treasurer shall advertise in a newspaper published in this State, and in the cities of New York and San Francisco, for the period of thirty days, his readiness to redeem and pay said bonds, giving the number and date of each bond to be so redeemed. The Treasurer shall keep on hand the principal and interest on any advertised bond, and no bond shall bear interest after the expiration of thirty days from the time the Treasurer advertises his readiness to pay the same.

      Sec. 10.  The sum of two thousand (2,000) dollars, or so much thereof as may be necessary, is hereby appropriated out of the General Fund, not otherwise appropriated, to defray the expenses of the procuring and negotiation of the required bonds, and placing the proceeds thereof in the State treasury.

      Sec. 11.  It shall be the duty of the Treasurer and Controller of State, each to keep a separate record of all such bonds as may be issued, showing the number, date, amount, and rate of interest of each bond, and to whom issued.

Chap. XXXV.–An Act providing for the Taxation of the Net Proceeds of Mines.

[Approved February 28, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  All ores, tailings and mineral-bearing material, of whatever character, shall be assessed for purposes of taxation, for State and county purposes, in the following manner: From the gross yield, return or value, of all ores, tailings or mineral bearing material, of whatever character, there shall be deducted the actual cost of extracting said ores or minerals from the mine; the actual cost of saving said tailings; the actual cost of transportation of said ores, mineral-bearing material or tailings, to the place of reduction or sale, and the actual cost of such reduction or sale; and the remainder shall be deemed the net proceeds, and shall be assessed and taxed as provided for in this Act; provided, that in no case whatsoever shall the whole amount of deductions allowed to be made in this section from the gross yield, return or value of said ore, mineral-bearing material or tailings, exceed the percentage of gross yield, value or return of such ore, minerals or tailings, as hereinafter specified. On all ores, tailings or mineral-bearing material, the gross yield or value of which is twelve dollars per ton or less, the whole amount of deductions shall not exceed ninety per centum of such gross yield, return or value. On all ores, tailings or mineral-bearing material, the gross yield, value or return of which is over twelve and under thirty dollars per ton, the whole amount of deductions shall not exceed eighty per centum of such gross yield, value or return. On all ores, tailings or mineral-bearing material, the gross yield, return or value of which is over thirty dollars, and less than one hundred dollars per ton, the whole amount of deductions shall not exceed sixty per centum of such gross yield, value or return. On all ores, tailings or mineral-bearing material, the gross yield, return or value of which is one hundred dollars per ton or over, the whole amount of deductions shall not exceed fifty per centum of such gross yield, return or value; provided, that an additional exemption of fifteen dollars per ton may be allowed on all ores, tailings or minerals worked by Freiberg or dry process.

      Sec. 2.  It shall be the duty of the several County Assessors within this State, to prepare and complete quarterly, on or before the second Monday in February, May, August and November, in each year, a tax list or assessment roll of the proceeds of the mines, alphabetically arranged in a book furnished them by the Board of County Commissioners for that purpose, in which book shall be listed, or assessed, the proceeds of all mines in their respectivec ounties, as provided in this Act. The form of the assessment roll shall be substantially as follows:

Assessment of ores, etc.

Proviso.

Assessment roll of proceeds of mines.

Form.

Assessor to demand statement under oath, etc.

False statement deemed perjury.

Books of Company etc. to be open to inspection of Assessor.

Refusal deemed misdemeanor.

Punishment.

Refusal to give statement.

For the purpose of enabling the Assessor to make such assessment, he shall demand from the President, Secretary, Superintendent, Treasurer, or managing-agent of each corporation, association, or firm engaged in extracting ores or minerals within his county, and from any person so engaged other than as a corporation, association or firm, a statement under oath or affirmation of the total number of tons extracted by him or them; the gross yield or value of the same in dollars and cents; the actual cost of extracting the same from the mine; the actual cost of transportation of same to place of reduction or sale, and the actual cost of reduction or sale of same for the preceding three months respectively. If any person shall, knowingly, make or give under oath or affirmation, as aforesaid, a false statement to the Assessor, such person shall be deemed guilty of perjury, and upon conviction thereof, shall be punished therefor as is provided by law for the punishment of the crime of perjury.

      Sec. 3.  The account books relating to or used in the transaction of the business of any person, firm, company, association or corporation, engaged in extracting ores or minerals bearing gold or silver, or other metals for reduction or sale, shall on demand of the Assessor or his deputy be open to his inspection. If any such person or the President, Superintendent, Treasurer, Secretary or managing-agent, or whoever has charge of said books of such company, association, corporation or firm, shall neglect or refuse to give on demand, to the Assessor or his deputy, access to the books aforesaid, he or they shall be deemed guilty of a misdemeanor and shall be arrested on complaint of the Assessor or his deputy, and on conviction thereof before a Justice of the Peace, shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.

      Sec. 4.  In case of neglect or refusal of any person, firm, President, Superintendent, Treasurer, Secretary or managing-agent, or whoever has charge of the books or mines of any person, firm, company, association or corporation engaged in extracting ores or minerals for reduction or sale, to give under oath or affirmation the statement required in this Act, the Assessor or his deputy shall make an estimate from the best sources within is reach of the number of tons of all ores or minerals extracted by such person, firm, company, association or corporation for the preceding quarter and assess the same to him or them without making any deduction for actual costs of any kind, and such assessment shall be binding, lawful and effectual, as if made upon a sworn or affirmed statement.

making any deduction for actual costs of any kind, and such assessment shall be binding, lawful and effectual, as if made upon a sworn or affirmed statement.

      Sec. 5.  Any person, firm, incorporated company, or association, excepting such as shall have persistently refused to give the Assessor on his demand access to the books of said person, firm, incorporated company or association, feeling aggrieved on account of the assessment made as in this statute provided, may appear before the Board of County Commissioners at any regular term, or special term thereof called for that purpose, and ask to have such assessment equalized; and such Board may proceed to hear the allegations of the party complaining and of the Assessor, and such other evidence as may be produced, and by an order entered in the minutes of their proceedings, equalize such assessment by adding to or deducting therefrom, as may seem just, and such action when had, shall be final.

      Sec. 6.  Every tax levied under the authority or provisions of this Act, on the proceeds of the mines is hereby made a lien on the mines or mining claims, from which ores or minerals, bearing gold and silver, or either, or any other valuable metal, is extracted for reduction, which lien shall attach on the first days of January, April, July and October of each year, for the quarter year commencing on those days respectively; and shall not be satisfied or removed until the taxes as provided in this Act, on the proceeds of the mines, are all paid, or the title to said mines or mining claims has absolutely vested in a purchaser under a sale for the taxes levied on the proceeds of such mines or mining claims.

      Sec. 7.  The County Assessor may at any time serve a notice, which shall be in writing, signed by him upon any person or firm, or upon the superintendent, managing agent, foreman, or any other person having charge or control of the business of any incorporated company or association engaged in reducing ores taken from any mine or mining claim, setting forth the amount of taxes assessed and unpaid on account of ores or minerals extracted or taken from such mine or mining claim, and from the time of receiving such notice, the person or firm, incorporated company or association so notified, shall be held liable for the amount of such unpaid taxes to the extent of the value of the ores and minerals then in possession of the person or firm, incorporated company or association, extracted or taken from such mine or mining claim.

      Sec. 8.  The Assessors in the several counties in this State shall be allowed to retain to their own use, for collecting the tax as provided in this Act, on the proceeds of the mines and mining claims, three per centum on all moneys by them collected, and no more. The Assessors and his deputies shall keep a correct account of the number of days they have been actually employed in assessing the proceeds of mines, as provided in this Act, and including therein the time employed in making the assessment for both State and County purposes, on the proceeds of the mines, and shall verify the same under oath before the Clerk of the Board of County Commissioners, or other person authorized to administer oaths, and then present said account to the Board of County Commissioners, who, if satisfied of the correctness of the same,

Persons feeling aggrieved may have assessment equalized.

Lien.

Notice of unpaid Taxes.

Compensation of Assessor.

Compensation of County Auditor.

Apportionment of compensation.

Collection how enforced.

Repeal.

same, shall allow it, or so much thereof as they may find correct, and order payment therefor to be made at the rate of eight dollars per day, which shall be in full for all services in making the assessment for both State and County purposes, and shall be paid as in this statute provided. The County Auditor shall receive, for extending the taxes on the quarterly assessment roll of the proceeds of the mines, an amount not to exceed fifteen cents per folio of one hundred words. No County Treasurer shall be allowed to receive to his own use any per centage or compensation from the tax on the proceeds of the mines.

      Sec. 9.  The amount allowed and paid out to the Assessor and County Auditor for services under this Act shall be apportioned by the Auditor, in the proportion the State tax bears to the County tax on proceeds of mines, and the amount shall be charged to the State and County in said proportion, and a verified statement of the amount allowed by the Board of County Commissioners shall entitle the Controller to credit the County Treasurer with such amounts as shall have been charged against the State.

      Sec. 10.  The collection of the tax authorized to be levied under this Act shall be enforced in the same manner in which the tax on any other kind of personal property is enforced and collected.

      Sec. 11.  All Acts and parts of Acts’ inconsistent with the provisions of this Act, are hereby repealed.

Death by wrongful act, etc.

Action for damages.

Proceeds of judgment not liable for debt.

How distributed.

Chap. XXXVI.–An Act requiring compensation for Causing Death by wrongful acts, neglect or default.

[Approved February 28, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the persons who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured; and although the death shall have been caused under such circumstances as amount in law to felony.

      Sec. 2.  The proceeds of any judgment obtained in any action brought under the provisions of this Act shall not be liable for any debt of the deceased; provided, he or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child; but shall be distributed as follows: First, If there be a surviving husband or wife, and no child, then to such husband or wife; if there be a surviving husband or wife, and a child or children, or grandchildren, then, equally to each, the grandchild or children taking by right of representation;

the grandchild or children taking by right of representation; if there be no husband or wife, but a child or children, or grandchild or children, then to such child or children and grandchild or children by right of representation; if there be no child or grandchild, then to a surviving brother or sister, or brothers or sisters, if there be any; if there be none of the kindred hereinbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons; provided, every such action shall be brought by and in the name of the personal representative or representatives of such deceased person; and, provided further, the jury in every such action may give such damages, pecuniary and exemplary, as they shall deem fair and just, and may take into consideration the pecuniary injury resulting from such death to the kindred as herein named.

Proviso.

Proviso.

Chap. XXXVII.–An Act to amend an Act entitled “An Act for the purpose of placing the Finances of Lyon County upon a permanent cash basis, and to provide for the payment of the Outstanding Indebtedness of the said county,” approved February fourth, one thousand eight hundred and sixty-nine.

[Approved February 28, 1871.]

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.  On the first day of such regular meeting of such Board of County Commissioners, they, together with the County Auditor and County Treasurer, shall attend at the office of the latter, then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of county accounts allowed and audited, 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 account or accounts allowed and audited against said county, proposed to be surrendered; and, provided further, that when sealed proposal are applied, as above prescribed, if there be not a sufficient amount of obligations of said county offered to exhaust the money then in said “Redemption Fund” of said county, the Treasurer of said county shall immediately give notice for ten days, as required for sealed proposals, of the amount of money remaining in said fund, and that the same will be applied to the payment of the then oldest outstanding obligations of said county, specifying them by number, payable out of said fund at par, and shall state in such notice that the obligations specified in the notice, if not presented for payment, shall cease to bear interest from and after the expiration of said notice, and the money so specified for their payment shall be reserved in the said fund for that purpose, until called for under such notice;

Proposals for surrender of accounts opened.

Lowest bid to be accepted.

Proviso.

Money remaining, how disposed of.

Proviso.

provided, it be not called for within two years after such notice; such money shall then be applied to the payment of other obligations of said county, payable out of said Redemption Fund,” if there be any such, and if none, then said money shall be placed in the general fund of said county.

Goodfellow, allowance to.

Cuap. XXXVIII.–An Act for the Relief of Peter Goodfellow, County Treasurer of Lincoln County.

[Approved February 28, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Lincoln County is hereby authorized and directed to allow the sum of one thousand and sixty-eight dollars ($1,068) on the “General Fund” of said county, in favor of Peter Goodfellow, for services as County Treasurer from July first, one thousand eight hundred and sixty-nine, to July first, one thousand eight hundred and seventy.

Boundary lines defined.

Recorder of Lander Co. required to transcribe records, etc.

Chap. XXXIX.–An Act to define and establish the Boundary Lines of Elko County, Nevada.

[Approved March 1, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The boundary lines of the county of Elko are hereby defined and established as follows, to wit: Commencing at the northwest corner of Utah Territory and running thence south along the western boundary of said Utah Territory to the present southeast corner of Elko County, as established by an Act of the Legislature of the State of Nevada, approved March fifth, eighteen hundred and sixty-nine, thence east [west] along the south boundary of said Elko County to the present southwest corner of Elko County; thence north along the east boundary of Lander County to the forty-first parallel of north latitude; thence west with said parallel to the east boundary of Humboldt County; thence north along the east boundary of Humboldt County to the south boundary of Oregon; thence east along the south boundary lines of Oregon and Idaho Territory to the place of beginning.

      Sec. 2.  The County Recorder of Lander County is hereby authorized and empowered, and it shall be his duty, to transcribe into suitable books, all the records in his custody appertaining or relating to, or affecting the title to any property situated within the portion of territory taken from the county of Lander and annexed to the county of Elko, by virtue of the alteration and reestablishment of the boundary lines of said Elko County, as described in section one of this Act.

the portion of territory taken from the county of Lander and annexed to the county of Elko, by virtue of the alteration and reestablishment of the boundary lines of said Elko County, as described in section one of this Act. Said Recorder shall make suitable index to said records; said transcript and index shall be made as soon as practicable after the passage and approval of this Act, and when completed shall be delivered to the County Recorder of said Elko County, and shall thereafter be kept in his office, and shall have the same force and effect as other county records.

      Sec. 3.  The Recorder of Lander County shall be entitled to receive as compensation for the services hereby imposed the same fees as now allowed by law for recording and indexing written instruments in his office. His claim for said compensation shall be allowed by the Commissioners of Elko County, on completion and delivery of said transcript and index, and shall be paid as other claims against said county.

      Sec. 4.  All charges, expenses or expenditures incurred, or paid by the county of Lander, by reason of any criminal trials or proceedings had in the District Court of [the] Sixth Judicial District, in or about matters or causes arising in that portion of Lander County which is by section one of this Act ceded and annexed as part of the county of Elko, shall be paid by said county of Elko to said county of Lander, upon the presentation to the County Auditor of Elko County a bill or bills specifying the items therein charged, after the same shall first have been allowed by the Board of County Commissioners of Lander County, and certified to by the District Judge of said Lander County, that each and every item in said bill or bills are correct. Then, in that case, the County Auditor of Elko County is hereby authorized and directed to draw his warrant in favor of the county of Lander for the amounts so certified to, as above provided, to be paid out of the general fund of said Elko County.

Compensation.

Charges, etc in criminal trials to be paid to Lander County.

Chap. XL.–An Act to amend an Act entitled an “Act to provide Revenue for the support of the Government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five.

[Approved March 1, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section twenty-nine of the Act entitled “An Act to provide revenue for the support of the Government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five, is hereby amended so as to read as follows:

      Section Twenty-nine.  The District or Prosecuting Attorneys of the several counties of this State, are hereby authorized and directed immediately after the time specified in the preceding section,

District Attorneys authorized to commence actions for delinquent Taxes.

Proviso.

Proviso.

Fees allowed.

Costs, how Taxed, etc.

How paid.

Repeal.

directed immediately after the time specified in the preceding section, to commence action in the name of the State of Nevada, against the person of persons so delinquent, and against the real estate and improvements assessed so delinquent, and against all owners or claimants to the same, known or unknown; provided, that before commencing any suit for the collection of delinquent taxes, the District Attorney shall submit to the Board of County Commissioners, at a meeting of said Board, to be held for that purpose on the second Monday in December, in each year, the delinquent list showing the several amounts of taxes then delinquent, and from whom due; and said Board of Commissioners shall then, or at such time thereafter as they may deem proper, direct suits to be commenced for the collection of such sums then delinquent, as they may in their judgment deem expedient; and no suit for the collection of delinquent taxes shall be commenced, except by the direction of said Board; and, provided further, that nothing herein contained shall be construed to prohibit the District Attorney from commencing any suit for the collection of delinquent taxes, at any time when so directed by the Board of County Commissioners, and all suits brought by the District Attorney for the collection of delinquent taxes, shall be prima facie to have been brought by the direction of the Board of County Commissioners.

      Sec. 2.  Section thirty-eight of said Act is amended so as to read as follows:

      Section Thirty-eight.  There shall be allowed to all officers except District or Prosecuting Attorneys, the same fees as are allowed in other civil cases. All officers shall perform such services as may be required of them under this Act, without the payment of fees in advance. All costs shall be taxed and entered in the judgment against the person, and the real estate and improvements, when the judgment is the same against all; but if the judgment against the person and the property is for different sums, then the cost may be apportioned by the court as the same may be deemed just; provided, that no fees or costs shall be paid to any officer unless the same be collected from the defendant, except when property sold for taxes, is purchased by the county, in which case the said county shall pay all fees and costs properly charged or taxed against such property; and the Board of Commissioners shall allow the fees and costs provided for in this section, and direct the same to be paid out of the general fund of the county.

      Sec. 3.  All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.

Chap. XLI.–An Act supplementary to, and to repeal an Act of the Legislature of the State of Nevada, entitled “An Act to Incorporate the town of Hamilton,” approved March sixth, one thousand eight hundred and sixty-nine.

[Approved March 1, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose hereinafter mentioned, the inhabitants of that portion of White Pine County, embraced within the limits hereinafter set forth in this section, shall be a body corporate and politic, by the name and style of the “Inhabitants of Hamilton City,” and by that name, they and their successors, shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said incorporate city shall be as follows, viz: Commencing at a point two hundred feet north of Hamilton Upper Spring, and running west one mile; thence south one mile; thence east two miles; thence north one mile; thence west one mile to place of beginning.

      Sec. 2.  The corporate powers of said city, shall be vested in a Board of Trustees to consist of five members who shall be resident householders of said city.

      Sec. 3.  The officers of said city shall be, five Trustees, a City Clerk, who shall be clerk of the Board of Trustees, and ex-officio City Assessor; a City Marshal, who shall be ex-officio City Collector and Chief of Police; a City Treasurer, a City Attorney and such other officers as are hereinafter authorized to be appointed by the Board of Trustees.

      Sec. 4.  No person shall be eligible to the office of Trustee, Clerk, Marshal, Treasurer or Attorney, who shall not have been an actual resident of said city for six months next preceding his election or appointment.

      Sec. 5.  The five Trustees shall be elected by the qualified electors of said city, and all other officers shall be appointed by the Board of Trustees, and hold their offices until otherwise provided by said Board.

      Sec. 6.  The general election for said city shall be held on the first Monday in June in each year.

      Sec. 7.  No person shall be allowed to vote for Trustees who shall not be a qualified voter of the State of Nevada, and shall not have actually resided in said city for thirty days next preceding the day of election.

      Sec. 8.  All the provisions of law now in force, and all laws which may be hereafter enacted, regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees, for each election, at least three days prior to the same, shall appoint three judges of election, who shall appoint two clerks, and shall designate the place for holding the polls. Within two days after each election, the judges and clerks of the same, shall make out, sign and deliver, to the five persons receiving the highest number of votes for the office of Trustee, the certificate of their election to such office.

A Hamilton City incorporated.

Boundaries.

Corporate powers, how vested.

Officers.

Who eligible to office.

Trustees to be elected, etc.

General election.

Qualification to vote.

Laws applicable to elections.

Judges and clerks of elections.

Statement of votes.

Qualification of trustees.

President of Board.

Vacancies, how filled.

Regular meetings.

Quorum.

Rules.

Meetings.

Journal, etc

General powers of Board.

Taxes, etc.

Streets, etc.

Condemnation of property, etc.

the certificate of their election to such office. Immediately after the votes are counted, the said judges and clerks shall also make out a statement of the number of votes cast for each person severally, for the office of Trustee, which statement shall be certified under oath by a majority of said judges; and they shall cause the same, together with the poll lists and votes duly sealed up, to be delivered to the clerk of the Board of Trustees, who shall keep the sealed packages containing the poll lists and ballots for at least thirty days.

      Sec. 9.  The Trustees chosen at any election, shall take the oath of office, and be qualified and enter upon the discharge of their duties within ten days after being notified of their election; and in case any person elected to the office of Trustee shall fail to qualify within said ten days, his office shall be deemed vacant.

      Sec. 10.  The Board of Trustees so elected shall, at their first meeting or as soon thereafter as may be, elect one of their number President, who shall preside at all meetings of the Board, and discharge such other duties as may be prescribed by the Board of Trustees.

      Sec. 11.  When a vacancy shall occur in the office of Trustee, from any cause, the Board of Trustees shall appoint some person to fill such vacancy, and the person so appointed shall hold his office for the residue of the term of his predecessor.

      Sec. 12.  The Board of Trustees shall have regular meetings, as by adjournment or resolution, as they may direct, and the President may call special meetings whenever he may deem it necessary.

      Sec. 13.  The majority of the Board of Trustees shall constitute a quorum for the transaction of all business. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their own members. All their meetings shall be public, except when the Board deem that the interests of the city require secresy. A journal of all their proceedings shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered in the journal, upon the passage of any question, at the request of any member.

      Sec. 14.  The Board of Trustees shall have power: First, To make by-laws and ordinances not repugnant to the Constitution or laws of the United States, or the State of Nevada. Second, To levy and collect taxes on all property within the city, both real and personal, made taxable by law, for State and county purposes, which tax shall not exceed one per centum per annum upon the assessed value of all such property; and to prescribe by ordinance the manner of levying, assessing and collecting taxes, and to make all taxes levied by them a lien upon the property assessed, from the time of the assessment thereof. Third, To lay out, alter and extend the streets and alleys of the said city; provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks. Fourth, To condemn and appropriate to the public use, or to the use of the inhabitants of said city, all real and personal property, when they deem the same necessary for the opening of streets or alleys, or for other public purposes.

the opening of streets or alleys, or for other public purposes. Such property shall be condemned or appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant, owner or owners of such property, so to be condemned, shall appoint one referee; and in the event that the two referees so appointed shall not agree upon the valuation of such property or claim, then the two so appointed shall select a third referee, and a decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported by them to the Board of Trustees, and may be by them regarded and held as finally binding; and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property of said city, which may take full and immediate possession of the same; and it may be obtained in the form and manner provided by law where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint such referee when required by the Board of Trustees, then the said Board of Trustees shall constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Trustees or referees, in the condemnation of property, or any claim, right or title to the same as herein provided, shall be interpreted as an admission on the part of said incorporated city of the legality of such assessed claim, right or title; and in the condemnation of property as in this section provided, said referees, shall consider if the property improvement for which said property is so condemned, shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such improvement to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; and whenever the said corporate body shall have become in any manner possessed of any real estate, upon which any improvements shall have been made for the benefit of said city or corporate body, no judgment in ejectment shall be rendered against said city or corporate body, but only judgment for damages in the value of said property, claim, right or title, at the time of taking the possession of it, may be rendered. Fifth, To provide for the prevention and extinguishment of fires; to provide for a sufficient supply of water for extinguishing fires; for fire purposes and fire apparatus; to arrange for, and contract with persons or water companies for same; also, to organize, regulate, establish and disband fire companies, and to provide all apparatus, fixtures and buildings necessary for the fire department, and the use of fire companies. Sixth, To regulate the storage of gun-powder and other combustibles. Seventh, To prevent and remove nuisances, and also to determine what are nuisances. Eighth, To create and establish a city police, prescribe their duties, fix their compensation, and prescribe rules for the government and regulation of the same. Ninth, To fix and collect a license tax on, and regulate all theatres and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix and collect a license tax on, and regulate all saloons, bar-rooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages;

Fires.

Gunpowder

Nuisances.

Police.

Licenses.

Same.

Dogs.

Public buildings.

Riots, etc.

Board of Health.

Gunpowder etc.

Wards.

Fines.

Salaries, etc

Vacancies, etc.

Contracts, etc.

Misdemeanor, etc.

Accountability of officers, etc.

ages; to fix and collect a license tax on, and regulate auctioneers, stock brokers, drays, job-wagons and stage companies or owners, whose place of business is in said city, or who shall have an office or agency therein; to fix and collect a license tax on all raffles, hawkers, peddlers, pawnbrokers, hurdy-gurdy houses and public dance houses; to fix and collect a license tax on all professions, trades or business, not hereinbefore specified, having due regard to the amount of business done by each firm or person thus licensed. Tenth, To provide for the issuance of all licenses herein provided for or fixed by the Board, in such sums, and on such terms, as may be prescribed by ordinance. Eleventh, To levy and collect an annual tax on all dogs, within the limits of said city, and provide for the extermination of all dogs, for which tax shall not have been paid. Twelfth, To provide all necessary public buildings for the use of said city. Thirteenth, To prevent and restrain any riot or riotous assemblage or disorderly conduct within said city; to close all places of business or public amusements, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. Fourteenth, To establish a Board of Health to prevent the spread of disease, and provide for the indigent sick. Fifteenth, To provide for, and regulate or prohibit, the using of gunpowder or other combustible or explosive material, the use of which, would be likely to endanger the lives or property of the inhabitants. Sixteenth, To divide the city into two or more wards, define the boundaries thereof, and provide for city elections therein. Seventeenth, To fix and prescribe the punishment for the breach of any city ordinance or resolution; but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no imprisonment shall be prescribed for a longer term than six months. Eighteenth, To determine the duties, fix and establish the fees, salaries and compensation of all officers of said city, and to alter and change the same, whenever they deem it best, and to remove from office any officer appointed by the Board, for misconduct, or whenever the interests of the city require such removal. Nineteenth, To fill all vacancies occurring in the Board of Trustees, from any cause whatever, and to expel a member of the Board for misconduct by a vote of three fifths of the members elected. Twentieth, To make all necessary contracts and agreements for the benefit of the city, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of ten thousand dollars; to appropriate money for any item of expenditure, and appropriate to the use of the city all fines for the breach of any ordinance made by them under the provisions of this Act. Twenty-first, To make ordinances fixing the penalty for all misdemeanor and willful injury to property, now punishable by fine not exceeding five hundred dollars, or six months imprisonment, also to fix a penalty for all cases of assault and assault and battery committed within the city limits, not charged to have been committed upon a public officer in the discharge of his duty, or with intent to murder or do bodily harm.

      Sec. 15.  It shall be the duty of the Board of Trustees to provide for the accountability of all city officers, and other persons, to whom the receipts or expenditures of any of the funds of said city shall be intrusted by requiring of them sufficient security for the faithful discharge of their duties;

city shall be intrusted by requiring of them sufficient security for the faithful discharge of their duties; to increase or diminish the amount of security to be given by any city officer or other person, whenever they deem it expedient, and in case of neglect of any officer to furnish such security as the Board of Trustees may require of him, within three days after such requirement, they shall declare such office vacant.

      Sec. 16.  It shall be the duty of the Board of Trustees to make out and publish in some newspaper published in said city, in May and October of each year, a full and detailed statement of all receipts and disbursements, from what source received and for what purpose paid out, during the six months next preceding such report.

      Sec. 17.  It shall be the duty of every Trustee of said city to attend the regular and special meetings of the Board of Trustees; to act upon committees when appointed thereto by the President, to report to the Board of Trustees any and all city officers whom they may know to be guilty of misconduct in office or any neglect of duty, and to aid to the extent of their ability in enforcing the ordinances, and maintaining the peace and good order of the city.

      Sec. 18.  All taxes and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. The style of ordinances shall be “The Board of Trustees of Hamilton City do ordain.” All ordinances made by the Board of Trustees shall be signed by the President and the clerk of the Board, upon the journal of proceedings, where the same shall be written in full, and shall be published in some newspaper published in said city, within one week after their passage, and shall be so published for not less than two weeks; and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the clerk of said Board, who shall also affix the seal of said city thereto.

      Sec. 19.  The Justices of the Peace in said city, shall be ex-officio City Recorders of Hamilton City, with concurrent jurisdiction; provided, that such Justices file, as ex-officio Recorders, such bonds as the Board of Trustees may require of them.

      Sec. 20.  The Justices of the Peace, who shall be ex-officio City Recorders, shall have jurisdiction of all cases or actions for the violation of any city ordinance, and shall fine, hold to bail or commit to prison, any offender in accordance with the provisions of such ordinances, and also of all cases of misdemeanor and willful injury to property, punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment; also of all cases of assault, or assault and battery, committed within the limits of said city, not charged to have been committed on a public officer in the discharge of his duty, or with intent to commit murder or do great bodily harm. The said Justices of the Peace, as ex-officio City Recorders, shall have such further jurisdiction as is by general statute conferred upon Recorders’ Courts. Such Recorders shall state separately in their dockets, the amount of fine and costs in each case, and all fines imposed by them under the provisions of any city ordinance shall be paid into the city treasury at least once a month.

Report of receipts and expenditures.

Duties of trustees.

Fines, etc., payable in gold coin.

Style of ordinance, etc.

City Recorders.

Jurisdiction

Duties of Treasurer.

Duties of Clerk.

Duties as City Assessor.

Duties of President.

Duties of City Attorney.

Duties of Marshal.

      Sec. 21.  It shall be the duty of the Treasurer to register all warrants in the order of their presentation, to receive and receipt for all money that may be paid into the city, and to apportion the same as may be required by ordinance, and disburse the same on proper warrants or orders of the Board of Trustees. He shall at all times keep his books and accounts open for the inspection of the Trustees, citizen or any tax-payers, and shall, whenever required, furnish them with a full statement of all receipts and expenditures. He shall pay all warrants in the order of their registration, and perform such other duties and acts as may be prescribed by ordinance or resolution of the said Board of Trustees.

      Sec. 22.  It shall be the duty of the clerk to keep the corporation seal, papers, books and documents belonging to the city; to file the papers and documents in his office under appropriate heads, to attend the sittings of the Board of Trustees, and keep a journal of their proceedings and a record of all the by-laws and ordinances; to make out all warrants and orders drawn on the treasury, specifying therein the services or indebtedness for which each is drawn, and to countersign and affix the seal of the city to all such warrants or orders drawn in pursuance of any resolution of the Board of Trustees; to issue all licenses, countersign the same, and affix the seal of the city thereto; to keep an accurate account in a suitable book under appropriate heads of all warrants and orders drawn on the Treasury; also, to keep in a suitable book under appropriate heads an account of all licenses issued, the date of issuance, and the amount.

      Sec. 23.  It shall be the duty of the City Clerk, as ex-officio City Assessor, to make out and return to the Board of Trustees a complete and correct list of all the property within the limits of said city, taxable by law. The time and mode of making out such list, and returning the same, shall be as prescribed by ordinance; and he shall also do and perform such other duties as may be required of him by any ordinance or resolution of the Board of Trustees.

      Sec. 24.  It shall be the duty of the President to preside at all meetings of the Board of Trustees, and to sign all warrants or orders drawn on the treasury, and all licenses issued in pursuance of any ordinance of said city.

      Sec. 25.  It shall be the duty of the City Attorney to attend to all suits in which the city is interested; to give his advice in writing on any question, when required by the President or Board of Trustees; to attend to all prosecutions in the Recorders’ Courts, and do and perform such other duties as may be required of him by the Board of Trustees.

      Sec. 26.  It shall be the duty of the Marshal to execute and return any processes issued by the Recorders, or directed to him by any legal authority in all criminal cases, and attend upon the Recorders’ Courts, and serve and return all papers issued by said Recorders; to serve and execute all writs, processes, and other papers issued from Justices’ Courts in city suits, for which he shall be allowed to charge and collect the same fees as are allowed by law to constables for similar services in civil actions; provided, that such fees shall in no case be a charge against the city. He shall arrest all persons guilty of a breach of the peace or of any city ordinance in his presence, and bring them before the Recorder’s Court for trial and examination, and to perform such police and other duties as the Board of Trustees shall by ordinance or resolution direct.

city ordinance in his presence, and bring them before the Recorder’s Court for trial and examination, and to perform such police and other duties as the Board of Trustees shall by ordinance or resolution direct.

      Sec. 27.  It shall be the duty of the Marshal, as ex-officio City Collector, to receive and collect all taxes and licenses due the city, and all other revenue due or to become due, and to pay the same over to the Treasurer. The time and manner of such collections and payments shall be such as the Board of Trustees shall, by ordinance or resolution, prescribe.

      Sec. 28.  The Marshal, Clerk, Assessor, Treasurer and Attorney shall have power and authority, with the consent of the Board of Trustees, to appoint one or more deputies, and remove them at pleasure; the said officers being at all times liable, on their official bonds, for the acts of such deputies; and such deputies, when appointed, shall have power to perform all or any of the duties of their principals.

      Sec. 29.  Real and personal property may be sold under execution by the City Marshal for taxes or assessments due said city. No property, whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but the property so sold shall immediately vest in the purchaser thereof. The proceedings for the sale of property in cases of non-payment of taxes or assessments, shall be substantially the same as that now prescribed by law for the sale of property for State and County taxes; and the Justices of the Peace shall have the same jurisdiction in all actions for the collection of city taxes as that given them by law in actions for the collection of State and County taxes; and all laws now in force, or which may be hereafter enacted for the purpose of collecting State and County taxes, shall be applicable to proceedings for the collection of taxes for Hamilton City, so far as the same are consistent with the provisions of this Act. Upon the sale of real property for taxes, the Marshal shall execute and deliver a deed for such property to the purchaser thereof, and such deeds shall be received in any and all courts of this State as prima facie evidence that grantee therein named, or his successors in interest, have a good and legal title to the premises therein described, and the possession of such property may be obtained in the manner prescribed by law where the relation of landlord and tenant exists; and the certificate of sale of the Marshal for personal property sold for taxes, shall be conclusive evidence of a title thereto in the purchaser named in said certificate.

      Sec. 30.  Any resolution or ordinance, providing for the appropriation, for any object or purpose, of the sum of three hundred dollars or more, shall lay over and be printed in some newspaper in the city for one week, before final action shall be taken thereon.

      Sec. 31.  If any officer of Hamilton City shall remove his residence therefrom, or shall absent himself for more than thirty days without leave of absence from the Board of Trustees, his office shall be declared vacant.

      Sec. 32.  The fees and compensation of the several officers named in this Act, shall be as follows: The compensation of the Trustees, shall be one hundred dollars each per annum, payable quarterly, at the end of each quarter. The Justices of the Peace, as ex-officio City Recorders, shall receive such salary per month as the Board of Trustees may by ordinance provide, and all fines derived under the provisions of this Act shall be paid into the city treasury.

Duties of Marshal as Collector.

Deputies.

Sale of real and personal property for taxes, etc.

Resolution, appropriation to lay over.

Vacancy.

Fees and compensation of officers.

Former ordinances, acts, etc., legalized.

Act repealed.

Act to take effect.

of the Peace, as ex-officio City Recorders, shall receive such salary per month as the Board of Trustees may by ordinance provide, and all fines derived under the provisions of this Act shall be paid into the city treasury. The City Marshal as such marshal and Chief of Police, shall receive for his services, such salary as the Board of Trustees may allow, not to exceed one thousand dollars per annum, payable monthly at the end of each month, also as ex-officio City Collector, not to exceed five per centum on all money collected by him and paid over to the City Treasurer. The City Treasurer shall receive not to exceed three per centum on all moneys paid into the city treasury. The City Clerk, for his services as clerk of said Board, and for such other clerical services as may be required of him as such clerk, shall receive a salary not to exceed one thousand dollars per annum, payable monthly, at the end of each month. He shall also receive for his services as ex-officio City Assessor, such sum as the Board of Trustees may allow, not to exceed five dollars per day for such number of days as he is actually employed in his official duties as ex-officio Assessor. The City Attorney shall receive for the year commencing June fifth, a. d. one thousand eight hundred and seventy-one, a salary not to exceed one thousand dollars per annum; and for each year thereafter, not to exceed five hundred dollars per annum, payable in equal monthly installments at the end of each month, and also for such fees for the prosecution of actions for the violation of city ordinances, and such percentage on the collection of delinquent taxes and assessments, as the Board of Trustees may allow. The compensation of all other officers shall be such as is prescribed by ordinance or resolution of the Board of Trustees.

      Sec. 33.  Nothing in this Act contained shall repeal or in any manner affect the binding force or validity of any ordinance now in force in said city, or in any manner affect any debt contracted or liability of said city now in existence. All official acts of the present or any previous Board of Trustees, who have acted by virtue of any charter heretofore granted by the Legislature of the State of Nevada to said city herein named, and all taxes and assessments heretofore levied or made by either of said Boards of Trustees are hereby legalized.

      Sec. 34.  On and after the first Monday in June, a. d. one thousand eight hundred and seventy-one, an Act entitled “An Act to incorporate the town of Hamilton,” approved March sixth, one thousand eight hundred and sixty nine, shall be and is hereby repealed.

      Sec. 35.  This Act shall take effect, and be in force on and after the fifth day of June, a. d. eighteen hundred and seventy-one.

Chap. XLII.–An Act to provide for fostering and supporting the Nevada Orphan Asylum, a duly incorporated benevolent institution, located at Virginia City, Storey County, State of Nevada.

[Approved March 1, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of five thousand (5,000) dollars is hereby appropriated and set apart out of any moneys in the State treasury, not otherwise appropriated, for the purpose of carrying out the provisions of this Act; and the money so appropriated and set apart shall constitute a fund to be known and drawn upon as the Orphan Asylum Fund.

      Sec. 2.  From and after the date of the passage of this Act the corporate trustees or managers of the Nevada Orphan Asylum shall present monthly to the State Board of Examiners their claims for the actual feeding and clothing expenses of the full orphans under the care of said trustees or managers, and the State Board of Examiners shall audit and allow such claims arising from and after the passage of this Act, against the “Orphan Asylum Fund;” provided, that the amount audited and allowed against the “Orphan Asylum Fund” shall not in the aggregate, within the period of two years from the date of the passage of this Act, exceed the sum of five thousand (5,000) dollars, or the sum of two thousand five hundred (2,500) dollars in any one year from and after the date and passage of this Act.

      Sec. 3.  This Act shall take effect from and after the second day of March, one thousand eight hundred and seventy-one.

Appropriation.

Fund.

Claims to be presented to Board of Examiners.

Proviso.

Chap. XLIII.–An Act to amend an Act entitled “An Act to regulate proceedings in civil cases in Courts of Justice of this State and to repeal all other Acts in relation thereto;” approved March eighth, one thousand eight hundred and sixty-nine.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section five hundred and eleven of said Act is hereby amended so as to read as follows:

      [Section Five Hundred and Eleven.]  No person shall be held to answer to any summons issued against him from a justice’s court, in a civil action, in any township, precinct or city, other than the one in which he shall reside, except in the cases following: First, When there shall be no justice’s court for the township, precinct or city, in which the defendant may reside, or no justice competent to act in the case.

Persons held to answer in township of their residence.

Exceptions.

Proviso.

may reside, or no justice competent to act in the case. Second, When two or more persons, jointly or jointly and severally bound in debt or contract, or otherwise jointly liable in the same action, and reside in different townships, precincts or cities of the same county, or in different counties, the plaintiff may prosecute his action in a justice’s court of the township, precinct or city in which any of the debtors or other person liable may reside. Third, In case of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township, precinct or city where the injury was committed. Fourth, When personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township, precinct or city in which the property may be found, or in which the property was taken. Fifth, When the defendant is a non-resident of the county, he may be sued in any township, precinct or city wherein he may be found. Sixth, When a person has contracted to perform any obligation at a particular place, and resides in another township, precinct or city, he may be sued in the township, precinct or city in which such obligation is to be performed, or in which he resides. Seventh, When the foreclosure of a mortgage or the enforcement of a lien upon real or personal property is sought by action, the plaintiff may sue in the township, precinct or city where the property is situated; provided, that in the county seat of any county, and also in every incorporated city, any justice holding court at such county seat, or incorporated city, shall have jurisdiction when the defendant is found within the limits of such county seat or incorporated city, irrespective of the residence of the defendant, and irrespective of township or precinct lines.

Aldermen and Treasurer prohibited from purchasing warrants, etc.

Bonds to be prepared for purpose of funding debt.

Chap. XLIV.–An Act supplementary to and amendatory of an Act entitled “An Act to provide for the payment of the outstanding indebtedness of Virginia, Storey County,” approved January twenty-seventh, one thousand eight hundred and sixty-five.

[Approved March 2, 1871.]

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 Board of Aldermen or Treasurer of said city of Virginia, to purchase out of the redemption fund provided for in the Act of which this is supplementary, any warrant or other legal evidence of indebtedness against said city, except as hereinafter provided for.

      Sec. 2.  For the purpose of funding and paying all legal claims or demands consisting of warrants and other legal evidence of indebtedness against said city, it shall be the duty of the Board of Aldermen of said city immediately after the passage of this Act, to cause to be prepared suitable bonds of said city of Virginia,

city of Virginia, not exceeding in the aggregate the whole amount of such indebtedness, expressing on their face what amount thereof is for principal, and what amount thereof is for accumulated interest, said bonds to bear interest on the amount expressed as principal only, at the rate of ten per cent. per annum, from their date, and be payable at the office of the Treasurer of said city. and shall be signed by the Mayor and Clerk, and endorsed by the Treasurer thereof, and shall have the seal of said city affixed thereto.

      Sec. 3.  All persons or corporations, having or holding any warrant or other legal evidence of indebtedness against said city, shall be entitled to receive bonds therefor, by virtue of this Act, upon presentation of the same to the Treasurer of said city; provided, said warrants or other legal evidence of indebtedness, must be presented on or before the first day of July, a. d. one thousand eight hundred and seventy-one, and for any warrant or other legal evidence of indebtedness against said city not so presented, no such bond shall be issued under the provisions of this Act.

      Sec. 4.  The Treasurer of said city shall endorse on the back of each warrant, claim or demand so received and liquidated, the date on which the same was received and from whom, the number of the bond exchanged therefor, marking on the face thereof the word “canceled,” and such warrant, claim or demand shall be filed and preserved in the office of the clerk of said city.

      Sec. 5.  It shall be the duty of the Mayor of said city, to cause to be published in at least two newspapers having a general circulation, one of which shall be published in said city of Virginia, and the other in the city of San Francisco, in the State of California, a notice to all persons or corporations holding or having under their control any warrant or other legal evidence of indebtedness against said city, to present the same for funding and liquidation on or before the first day of July, a. d. one thousand eight hundred and seventy-one, as provided in this Act, and that for any warrant or other legal evidence of indebtedness aforesaid, not so presented, no bond will be issued under the provisions of this Act. Such notice shall be published for at least sixty days before the first day of July, a. d. one thousand eight hundred and seventy-one.

      Sec. 6.  All bonds taken in exchange for any warrant or other legal evidence of indebtedness under the provisions of this Act, shall be purchasable out of the redemption fund of said city, and shall be redeemed in the same manner as other warrants, bonds or other legal evidence of indebtedness were redeemed under the provisions of the Act of which this is supplemental; and no warrant or other legal evidence of indebtedness against said city, shall hereafter be redeemed or be purchasable out of the redemption fund of said city, unless the same are exchanged for and converted into bonds under the provisions of this Act.

      Sec. 7.  All money or moneys now in the redemption fund of said city of Virginia, and all money or moneys which may come into said redemption fund after the passage of this Act, shall not be disbursed for the payment of any warrant, bond or other legal evidence of indebtedness whatever, against said city as provided in the Act of which this Act is supplemental, until after the first day of July,

Holders of indebtedness entitled to receive bonds.

Proviso.

Treasurer to indorse warrant, etc.

Notice to be published to holders of indebtedness.

Bonds, how purchasable

Money to remain in fund until July 1, 1871.

Money not to be paid out except for expenses

Acts repealed.

day of July, a. d. one thousand eight hundred and seventy-one; and all such money or moneys shall remain in the treasury of said city until after said first day of July, a. d. one thousand eight hundred and seventy-one. And the Board of Aldermen of said city of Virginia, and the Treasurer thereof, are hereby expressly prohibited from purchasing or redeeming any warrant, bond or other legal evidence of indebtedness whatever, against said city, until after the first day of July, a. d. one thousand eight hundred and seventy-one.

      Sec. 8.  No money shall be paid out of the treasury of said Virginia City for any purpose or upon any claim other than for the current expenses of said city, except as in this Act provided.

      Sec. 9. The Act entitled “An Act supplementary to and amendatory of an Act entitled ‘An Act to provide for the payment of the outstanding indebtedness of Virginia City, Storey County,’ approved January twenty-seventh, eighteen hundred and sixty-five,” and approved March third, one thousand eight hundred and sixty-six, and all Acts and parts of Acts, inconsistent with and repugnant to the provisions of this Act, are hereby repealed.

Secretary of State required to cause manuscript laws, etc., to be bound.

Duty in relation to binding.

Expenses, how paid.

Chap. XLV.–An Act to provide for the preservation of the Manuscript Laws.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Secretary of State is hereby authorized, and it is made his duty, within ninety days from the passage of this Act, to cause all the manuscript laws, joint and concurrent resolutions and memorials of the last (1869) session, to be suitably bound in a book, in junk board, marbled, with leather backs and corners. Said manuscripts shall be and remain under his personal supervision while in the process of binding.

      Sec. 2.  It shall be the duty of the Secretary of State, after the final adjournment of each session of the Legislature, and after all the laws, joint and concurrent resolutions and memorials have been printed as required by law, to cause all the enrolled bills of such laws, joint and concurrent resolutions and memorials, to be bound in a suitable book in junk board, marbled, with leather backs and corners. It shall be his duty to personally superintend such work, and at all times have immediate control thereof.

      Sec. 3.  The expenses incurred in such work shall be paid by the State in such manner as may be directed by the State Board of Examiners.

Chap. XLVI.–An Act to repeal an Act entitled “An Act to prohibit carrying of concealed weapons,” approved February 27th, 1867.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  “An Act to prohibit carrying of concealed weapons,” approved February 27th, 1867, is hereby repealed.

Act repealed.

Chap. XLVII.–An Act to amend an Act entitled “An Act to restrict Gaming.

[Approved March 2, 1871.]

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 amount to be paid to the sheriff for a monthly license shall be as follows: In any county in which at the general election next preceding the time of application were polled fifteen hundred or more votes, or in any county created after said general election, one hundred dollars, and in all other counties, seventy-five dollars; provided, the applicant may procure a quarterly license, in which case there shall be deducted ten per cent. from the amount of such license.

Amount to be paid for monthly license.

Proviso.

Chap. XLVIII.–An Act to amend an Act entitled “An Act concerning County Recorders and defining their duties,” approved March 9th, 1865.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section two of the above mentioned Act is hereby amended so as to read as follows:

      Section Two.  The County Recorder of the several counties within this State are hereby empowered to take and certify the acknowledgment and proof of all conveyances affecting any real estate, or of any other written instrument, for which he shall receive the same fees as are now prescribed by law.

Empowered to take acknowledgments.

estate, or of any other written instrument, for which he shall receive the same fees as are now prescribed by law.

      Sec. 2.  This Act shall take effect and be in force from and after its passage.

Preamble.

Controller authorized to draw warrant.

Chap. XLIX.–An Act for the relief of John W. Averill.

[Approved March 2, 1871.]

      Whereas, John W. Averill has paid to the State of Nevada the sum of four hundred (400) dollars for southeast quarter of southeast quarter of section eighteen, and southwest quarter of southwest quarter of section seventeen, and west half of northwest quarter of section twenty, township fourteen, north range, twenty east; and, whereas, the State of Nevada has no title to said land, and the money so paid by the said Averill has been placed in the school fund; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows, to wit:

      Section 1.  The Controller is hereby authorized to draw his warrant in favor of John W. Averill, for the sum of four hundred (400) dollars in currency, payable out of the “State School Fund,” and the State Treasurer is hereby authorized and directed to pay the same out of said fund.

Duty of County Commissioners in relation to care of public arms, etc.

Expenses, how paid.

Chap. L.–An Act to amend an Act entitled “An Act to amend an Act to provide for organizing and disciplining the Militia of this State, approved March fourth, one thousand eight hundred and sixty-five,” approved March twelfth, one thousand eight hundred and sixty-seven.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section twenty-two of said Act is amended to read as follows:

      Section Twenty-two.  It shall be the duty of the Board of County Commissioners of any county in which public arms, accoutrements or military stores are now had, or shall hereafter be received for the use of any volunteer organized militia company, to provide a suitable and safe armory for organized militia companies within such county. The expenses of procuring and maintaining armories shall be paid out of the general fund of the county, to be paid by the County Treasurer on presentation of the Auditor’s certificate that such allowance had been made by the Board of County Commissioners.

the Auditor’s certificate that such allowance had 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 be so allowed in the settlement by the County Treasurer with the Controller and Treasurer of State.

      Sec. 2.  Section seventy-one is hereby amended so as to read as follows:

      Section Seventy-one.  Every company, battalion or regiment of organized militia of this State may adopt a uniform for itself, subject, however, to the approval of the commander-in-chief, on inspection and report by the proper officer.

Treasurer to require receipt, etc.

Uniform.

Chap. LI.–An Act to appropriate funds for the Preparation and Publication of the sixth and seventh volumes of the Nevada Reports.

[Approved March 2, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated the sum of thirty-seven hundred dollars, in gold coin, out of any moneys in the State treasury, not otherwise specifically appropriated, for the preparation and publication of the sixth volume of the Nevada reports; and also, a like sum is hereby appropriated as aforesaid for the preparation and publication of the seventh volume of said reports; and on presentation of the proper evidence of acceptance of either volume of said Nevada reports by the Judges of the Supreme Court, or a majority of them, the Controller of State shall draw his warrant on the Treasurer in favor of the commissioner for said sum of thirty-seven hundred dollars for each of said volumes.

Appropriation for publishing decisions Supreme Court.

Chap. LII.–An Act to prevent the Destruction of Fish in the waters of the State of Nevada.

[Approved March 2, 1871.]

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, between the first day of January and the first day of September of each year to catch or kill any river, lake, brook or salmon trout in any of the streams, rivers, lakes or other waters within this State, with any seine, gillnet, or any spear, weir, fence, baskets,

When not lawful to catch fish.

Same.

Misdemeanor.

Punishment

Fish-ways and ladders to be constructed.

Failure to construct, misdemeanor.

Punishment.

Proviso.

Repeal.

baskets, trap, explosive material or other substance or implements, or in any manner except by hook and line; and it shall not be lawful at any time for any person or persons to catch or kill such fish in any of the waters in this State by any poisonous, deleterious or stupefying drug, explosive material or other substance. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than thirty dollars or more than three hundred dollars, together with costs of suit, or by imprisonment in the county jail in the county in which such person or persons shall have been convicted of such offense, for a period not less than twenty days nor more than six months, or by both such fine and imprisonment.

      Sec. 2.  All persons, firms or corporations who have erected mill-dams, water-weirs or other obstructions on rivers or streams, within the waters of this State, shall within thirty days after the passage of this Act, construct fish-ways or fish-ladders, at such mill-dams, water-weirs or obstructions, so that at all seasons of the year, fish may ascend above such dam, weir or obstruction, to deposit their spawn. Any person, firm or corporation owning such mill-dam or obstruction who shall fail to construct or keep in repair such fish-way or fish-ladder shall be deemed guilty of a misdemeanor, and shall be punished by a fine, upon conviction thereof, not exceeding three hundred dollars; provided, that nothing in this section shall be construed to apply to the waters of Carson river, Humboldt river, Reese river, Walker river or any of [the] streams in this State situated east of Reese river.

      Sec. 3.  All other Acts or parts of Acts, so far as they relate to the preservation and protection of fish in the waters of this State, are hereby repealed.

      Sec. 4.  This Act shall take effect and be in force from and after its passage.

Gift concerts authorized.

Chap. LIII.–An Act to aid the Nevada Benevolent Association in providing means to erect an Insane Asylum.

[Approved March 3, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  It shall be lawful for the Nevada Benevolent Association of the State of Nevada to give not exceeding three public entertainments or concerts, to sell tickets of admission to the same; to distribute among the holders of such tickets personal property, real estate, things in action, demands or other valuables, and to regulate the distribution of all such property or gifts by raffle or other schemes of like character; provided, that such entertainment or gift concert, and each of them, shall be managed and controlled in all respects by the board of managers or trustees of said association, and the proceeds thereof, after deducting the costs and expenses,

ducting the costs and expenses, shall be paid into the State treasury and set apart as a fund for the erection and completion of an insane asylum for the State of Nevada; provided further, that not less than twenty-five thousand dollars in coin shall be paid into the treasury, as aforesaid, upon the termination and conclusion of each of said entertainments or concerts.

      Sec. 2.  The said association is hereby required to make, execute and deliver to the State of Nevada, a good and sufficient bond, with two or more sureties, to be approved by the Governor, in a sum not exceeding fifty thousand dollars in gold coin, conditioned that said association will well and truly pay into the treasury of the State the sum of not less than twenty-five thousand dollars, in gold coin, at the conclusion of each of the entertainments or concerts provided for in section one of this Act; provided, the Governor shall have power to require and take new or additional bonds from said association, conditioned as aforesaid, at any time or times it may be deemed advisable by him.

      Sec. 3.  All moneys coming into the State treasury from the sources provided for in this Act, shall be and the same are hereby set apart, and shall constitute a special fund, to be known as the “Insane Asylum Building Fund,” and the State Treasurer shall report to the Governor the amount received from said sources from time to time, and the Governor shall report the same to the next Legislature.

      Sec. 4.  All bonds given and approved under the provisions of this Act shall be filed in the office of the Secretary of State.

      Sec. 5.  Nothing in this Act contained shall be construed as authorizing a lottery in this State, or as allowing the sale of lottery tickets contrary to the provisions of the Constitution.

Proceeds, how disposed of.

Proviso.

Association to give bond.

Proviso.

Insane Asylum Building Fund.

Bonds, where to be filed.

Act, how construed.

Chap. LIV.–An Act to provide for properly taking care of the Indigent Insane of the State of Nevada.

[Approved March 3, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Governor, State Controller and State Treasurer, are hereby constituted a Board of Commissioners for the purpose of providing for the care and maintenance of the indigent insane of this State.

      Sec. 2.  A majority of said Board shall constitute a quorum for the transaction of business. The Board, as constituted herein, shall have power to purchase a suitable building or buildings of sufficient capacity for the accommodation of all the indigent insane of this State, and land connected therewith not exceeding two hundred acres, or to purchase said quantity of land and erect thereon such building or buildings, and cause the insane of the State now at Stockton, California, to be removed there.

      Sec. 3.  All debts contracted under the provisions of this Act, shall be allowed and audited in the same manner as other proper charges against the State, and it may be lawful for the Board of Commissioners to pay for any land or lands, and building purchased with the bonds of this State issued under and by virtue of the provisions of the Act,

Board of Commissioners constituted.

Quorum.

Power of Board to purchase buildings, etc.

Debts contracted, how audited and allowed.

District Judge to examine person on application.

Physicians.

Appropriation.

Board required to report.

Repeal.

chased with the bonds of this State issued under and by virtue of the provisions of the Act, passed at this session of the Legislature, entitled “An Act to authorize a State loan for the purpose of paying the State proportion of the bonds issued under the Act approved February sixth, one thousand eight hundred and sixty-seven, and to fund the floating debt, and place the State upon a permanent cash basis.”

      Sec. 4.  From and after the passage of this Act, it shall be the duty of the Judge of the District Court in each judicial district in this State upon the application of any person under oath, setting forth that any person by reason of insanity is unsafe to be at large, or is suffering under mental derangement, to cause the said person to be brought before him at such time and place as he may direct, and the said Judge shall also cause to appear at the same time and place one or more licensed practicing physicians who shall proceed to examine the person alleged to be insane, and if said physicians after careful examination, shall certify upon oath that the charge is correct; and if the Judge is satisfied that such person is, by reason of insanity, unsafe to be at large, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and has no kindred in the degree of husband or wife, father or mother, children, brothers or sisters, living within this state, of sufficient means and ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the Insane Asylum of this State, at the cost and expense of the county from which such person shall come, and place the said person in charge of the proper person having charge of said Asylum, together with a copy of the complaint, commitment and physician’s certificate, which shall be in such form as the Secretary of State shall prescribe.

      Sec. 5.  The sum of fifty thousand dollars is hereby appropriated out of any moneys now in or hereafter coming into the State treasury, not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, during the years eighteen hundred and seventy-one, and eighteen hundred and seventy-two, and all sums due for the support, care, clothing and all other needful expenses, when certified by said Board of Commissioners, and approved by the Board of Examiners, shall be audited by the Controller and paid by the State Treasurer out of the fund hereby created.

      Sec. 6.  It shall be the duty of said Board to make a full report of all its proceedings under this Act to the Legislature at each session thereof.

      Sec. 7.  All Acts and parts of Acts, in conflict with this Act, are hereby repealed.

Chap. LV.–An Act to repeal an Act supplementary to an Act entitled “An Act to provide Revenue for the support of the Government of the State of Nevada, approved March 9, 1865, and other Acts amendatory and supplemental thereof,” approved March 12, 1867.

[Approved March 3, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The above entitled Act is hereby repealed.

Repeal.

Chap. LVI.–An Act to provide for the protection of Timbered Lands.

[Approved March 3, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this State, to which land this State, or any person or corporation has or may have an inchoate title, or any title less than fee simple, and the provisions of this section shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.

      Sec. 2.  If any owner of an inchoate title to land in this State, or title to such land less than fee simple, or any other person or corporation, shall violate the provisions of the first section of this Act, such person or corporation shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars.

      Sec. 3.  If any person shall cut down or remove any tree, wood or timber from any land in this State, to which this State has a fee simple title, or an inchoate title, by reason of grant from the United States, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine as provided in section two of this Act.

      Sec. 4.  If an issue of fact be joined, as to the title to real estate, in any action under the provisions of this Act, such action shall thereupon be certified by the justice of the peace in whose court it may be pending to the District Court of the same county, and therein tried and finally determined as if the same had been originally commenced therein; provided, that nothing in this Act shall be so construed as to affect or impair the provisions of an Act entitled “An Act prescribing the mode of maintaining and defending possessory actions on public lands in this State,” approved March ninth,

Unlawful to cut or remove timber, etc.

Misdemeanor.

Same.

Issue of fact as to title to real estate

Proviso.

Act, how construed.

Proviso.

Same.

proved March ninth, one thousand eight hundred and sixty-five; and, provided further, that nothing in this Act contained shall be so construed as to prevent the cutting and using by actual settlers upon such lands as are herein specified of such wood as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.

Town incorporated.

Boundaries.

Wards.

Board of Trustees.

Term of office.

Eligible to office.

Chap. LVII.–An Act to Incorporate the Town of Gold Hill.

[Approved March 3, 1871.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purposes hereinafter mentioned, the inhabitants of that portion of Storey County embraced within the limits hereinafter set forth in this section of this Act, shall be body politic and corporate, by the name and style of “The Town of Gold Hill,” and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said incorporate town shall be as follows: On the north by the southern line of Virginia City, in the county of Storey; on the east by the boundary line between the counties of Storey and Lyon; on the south by the boundary line between the counties of Storey and Lyon, and on the west by the boundary line between the counties of Storey and Washoe.

      Sec. 2.  The said town corporate is hereby divided into two wards, as follows: All that portion of said town lying north or northerly of the center of Crown Point street, so for as said street is opened, and also lying north of a line commencing at the centre of the site of the quartz mill known as the “Bowers Mill,” and extending due west to the line of Washoe County, and also lying north of a line commencing at the intersection of the centre of Main street and Crown Point street, and extending due east therefrom to the boundary line of Lyon County, shall constitute the First Ward; and all that portion lying south or southerly of the line heretofore in this section of this Act described, shall constitute the Second Ward.

      Sec. 3.  The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be actual residents of, and owners of real estate in said town, and who shall be chosen three from among the residents of the first ward, and two from among the residents of the second ward. In addition to said Board of Trustees, there shall be a Treasurer elected by the qualified voters of said town.

      Sec. 4.  The said Trustees and Treasurer shall hold their offices for one year, and until their successors are elected and qualified, except as hereinafter in this Act provided.

      Sec. 5.  No person shall be eligible to the office of Trustee or Treasurer unless he be a qualified elector of the State of Nevada, nor unless he shall have been an actual resident of said town for six months next preceding the election.

nor unless he shall have been an actual resident of said town for six months next preceding the election.

      Sec. 6.  No person shall be entitled to vote at any election for said Trustees or Treasurer unless he shall be a qualified elector of this State, and will have actually resided within the county of Storey for six months, and within the town of Gold Hill for three months next preceding such election; and no person shall be entitled to vote except within the ward in which he resides, and has resided for thirty days next preceding such election.

      Sec. 7.  The annual elections for Trustees and Treasurer shall be held on the first Monday in May in each year.

      Sec. 8.  All provisions of law, which now are or hereafter may be in force, regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees shall, for two weeks prior to each annual election, publish notice, in a newspaper published in Storey County, to the effect that such election will take place in said town, for the election of three Trustees in the First Ward and two Trustees in the Second Ward, and a Treasurer, naming the day on which such election will be held, and designating the polling places and the names of three Inspectors of Election for each ward. Soon as the votes are counted and tallied in each ward, the inspectors and clerks shall make out a statement showing the number of votes cast in each ward for the office of Trustee, and of Treasurer, and for each person severally, which statement shall be certified under oath or affirmation, by at least two of said inspectors and two clerks, and they shall cause the same, together with the polling and tally lists, and tickets, duly sealed up in a package, to be delivered to the Board of Trustees, or the clerk thereof, within two days after such election. Within three days after the receipt of the same, the Board of Trustees shall proceed to reexamine and ascertain from such statement and tally lists, what persons received the greatest number of votes for the office of Trustees and of Treasurer, and a certificate of election shall be forthwith issued by the clerk, under the direction and supervision of the board, to the person or persons having received the greatest number of votes for each of said offices. The clerk shall, without unreasonable delay, deliver said certificates to the person or persons for whom they are intended, and he or his successor shall safely keep the packages of tickets, together with the tally lists, and all other papers relating to such election, for forty days from and after the day of election, when, if no notice of contest in such election shall have been served on him, he may destroy the same. Any qualified elector in said town shall have the right to contest the election of any person declared elected a Trustee or Treasurer, as provided in this section of this Act, and such contest shall be conducted in the manner required by the laws that now are or hereafter may be enacted by the Legislature, for contesting county or precinct elections.

      Sec. 9.  The Trustees and Treasurer chosen at any election held under this Act shall take the official oath provided by law, and enter upon the discharge of their official duties within five days after due notice of their election, and in case any Trustee or Treasurer shall fail to qualify within said time, his office shall be declared vacant; provided, that in case the person so elected be absent from the county at the time of his election, he shall be allowed twenty days in which to return and enter upon the duties of his office.

Voters, qualification of.

Annual election.

Laws applicable to elections.

Statement of votes.

Certificate.

Contest.

Officers to qualify and enter on duties.

President of Board.

Proviso.

Vacancy.

Board to appoint certain officers.

Proviso.

Regular meetings.

Quorum.

Rules, etc.

be declared vacant; provided, that in case the person so elected be absent from the county at the time of his election, he shall be allowed twenty days in which to return and enter upon the duties of his office.

      Sec. 10.  The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, select one of their number as President, who shall preside at their meetings, and perform such other duties as said Board may prescribe; provided, that it shall be his duty to make out on the third Monday in April of each year, and cause to be published either in a newspaper published in Storey County, or by posting in not less than five public and conspicuous places in said town, a full and correct statement of the financial condition of the town, showing the total indebtedness thereof.

      Sec. 11.  Whenever a vacancy shall occur in the office of Treasurer, the Board of Trustees shall fill each vacancy; and, provided further, that whenever a vacancy shall occur in the office of Trustee, the remainder of said Board of Trustees, or a majority thereof, shall, at their next regular meeting held after the said vacancy shall have occurred, appoint some person to fill such Vacancy; provided, that the person so appointed must be eligible to the office under the requirements of sections three, five and six of this Act.

      Sec. 12.  The Board of Trustees shall have discretionary power to appoint a clerk, an attorney and a marshal, at such rates of salary or contingent compensation as said Board may determine. The Board may also employ such other assistance or laborers as may be, from time to time, required for the assessment or collection of taxes or licenses, or the care and repair of streets, water works or other town property. Any of the aforesaid officers or employes, in this section provided for, may be by said Trustees removed or discharged, or the office or position abolished, as circumstances and a due sense of economy may require; provided, that the salary of the Marshal shall not exceed, including compensation for assessing and collecting town taxes and licenses, the sum of two thousand dollars per annum.

      Sec. 13.  The Board of Trustees shall hold regular meetings on the first and third Mondays in each month, and such other meetings as by adjournment or resolution they may determine, but the President of the Board shall have power to call special meetings whenever, in his judgment, it may be necessary.

      Sec. 14.  A majority of the Board of Trustees shall constitute a quorum for business, but a less number may adjourn from time to time, and may compel the attendance of absent members, by peremptory order, or by resolution imposing fine not to exceed ten dollars for any one meeting.

      Sec. 15.  The Board of Trustees shall adopt rules for the government of their own proceedings, and shall be the judges of the election and qualification of their own members, subject, however, to the decision of the District Court of the First Judicial District in cases of contested elections. Their meetings shall be public, except when the Board shall decide that the interests of the town require secrecy. A journal of all proceedings of the Board shall be kept by the clerk, and the ayes and noes shall be taken at the request of any member, and shall be entered in the journal.

      Sec. 16.  The Board of Trustees shall have power: First, To make by-laws and ordinances not repugnant to the constitution and laws of the State of Nevada. Second, To levy and collect taxes on all real and personal property within the town, made taxable by the laws of this State, for State and county purposes, which are now in force or may hereafter be enacted, except proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and three fourths per centum per annum on the assessed value of all property, with not to exceed ten per centum on the amount of such tax additional thereto, as a penalty on all delinquent taxes; provided, that they shall have further power, when in their opinion it may become necessary and expedient, to levy an additional tax, not to exceed five cents on each and every one hundred dollars valuation of all property, for the continuous maintenance of the public schools of said town, said tax to be collected at the same time and in the same manner as other taxes in this Act provided for. Third, To lay out or extend, open, alter or repair all streets and alleys, and provide for opening, grading, widening, draining, cleaning and lighting, or otherwise improving the same. Also, to provide for the construction, repair, preservation and cleaning off all sidewalks, crosswalks, bridges, sewers and drains. To prevent obstructions being erected or placed in any of the streets, alleys or sidewalks, or the use of any sewers or drains as cesspools, and for the removal of the same. To compel the owners of lots and property to bear the expense of erecting sidewalks, or improving the road or streets in front of the same, by special tax or otherwise. To condemn property for the use or benefit of the town, in the following manner: The Board of Trustees shall appoint one referee, and the owner or owners of the property to be condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of them, shall be final and binding upon the parties, unless the person or persons aggrieved by the decision of such referees, shall appeal from such decision or valuation to the District Court of the First Judicial District within thirty days after notice of such valuation shall have been served on him or them. Fourth, To provide for the prevention and extinguishment of fires; also to organize, regulate, establish, locate or disband fire or hose companies. Fifth, To regulate the storage of gunpowder, and other explosive or combustible material. Sixth, To prevent and remove nuisance; also, to determine what are nuisances. Seventh, To employ policemen, and prescribe their duties and compensation, and provide for the regulation and government of the same. Eighth, To fix and collect a license tax on and regulate all theatres, circuses, shows, billiard tables, bowling alleys, and all other exhibitions and amusements. Ninth, To fix and collect a license tax on barrooms, hurdy-gurdy houses, and public dance houses; on auctioneers, hawkers, peddlers, and all dealers in liquors; on all drays, job wagons or carts, or any other public vehicle running within the limits of said town for hire; also to fix and collect a license tax on all trades and business not heretofore specified or enumerated, having due regard to the amount of business done by each person or firm so licensed.

Powers of Board.

Same.

Same.

Same.

Same.

Same.

Redemption fund, etc.

person or firm so licensed. Tenth, To license, tax and regulate, prohibit and suppress all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling houses, disorderly houses, and houses of ill fame; provided, however, that nothing in this section of this Act contained, shall be construed as granting power to suppress gaming when the same shall have been authorized by license, issued by proper authority, pursuant to the provisions of an Act entitled “An Act to restrict gaming,” passed March fourth, one thousand eight hundred and sixty-nine, or any Act amendatory thereof. Eleventh, To levy and collect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs, or the running at large of goats or cows within the corporate limits of said town. Twelfth, To provide for the issuance of licenses before named, for such terms and in such sums as they may consider best: provided, that the several kinds of business or occupations to be licensed, shall be classified by ordinance, into two or more classes, with a specific or certain rate of license provided for each class, and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee, shall be printed and numbered. Thirteenth, To provide all necessary buildings for public use of said town. Fourteenth, To establish a Board of Health, and define their powers and duties; to prevent the introduction or spread of disease, and to provide for the indigent. Fifteenth, To prevent and restrain any riot or riotous assemblage or disorderly conduct, and to prohibit and suppress the sale of spirituous or malt liquors or wines on any day of municipal, county or general election. Sixteenth, To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months. Seventeenth, To determine the duties and fix and establish the fees, salaries, compensation and emoluments of all officers and employes of said town; provided, that the Trustees shall not receive, or be entitled to receive, for their services as such, any sum whatever. Eighteenth, To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause by a vote of four fifths. Nineteenth, To make all necessary contracts and agreements for the benefit of the town; and to contract debts on the faith of the town, but no debt shall be contracted, or liability incurred, except on a cash basis. To issue and sell bonds bearing interest at a rate not to exceed eighteen per centum per annum, for the purpose of creating a contingent fund for current expenses, or for the purpose of paying, retiring and canceling any bonds or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of seventy thousand dollars. Twentieth, The said Board of Trustees shall not create a debt against the town for printing, in a greater sum than five hundred dollars per annum.

      Sec. 17.  One half of the revenue arising from the collection of taxes, as provided in the second subdivision of section sixteen of this Act, shall be set apart as a Redemption Fund, which fund shall be used exclusively for the payment of the outstanding indebtedness of the town, in the manner hereinafter in this Act provided.

of this Act, shall be set apart as a Redemption Fund, which fund shall be used exclusively for the payment of the outstanding indebtedness of the town, in the manner hereinafter in this Act provided. The remaining one half of said revenue, together with all revenue derived from licenses, fines, and other sources, shall be set apart as a Contingent Fund, and used to defray the current expenses of the town.

      Sec. 18.  No money shall be paid out of the “Redemption Fund,” except by order of at least four members of the Board of Trustees, and in the manner by them directed; and it shall be their duty, from time to time, when there shall be, in their judgment, a sufficient sum of money in the “Redemption Fund,” over and above the interest accrued or shortly to accrue on bonds outstanding, to give notice for at least five days, by publication in a newspaper published in Storey County, that sealed proposals, directed to the President of the Board of Trustees of the town of Gold Hill, will be received until a day and hour stated in such notice for the surrender of warrants, bonds, or other legal evidences of indebtedness of said corporate body, known as “The Town of Gold Hill.”

      Sec. 19.  At the expiration of the time named in said notice, the Board of Trustees shall meet and open such sealed proposals, and they shall accept the lowest and best bids or proposals for the surrender of said evidences of indebtedness specified in the preceding section of this Act, but no bid or proposal to surrender any such evidence of indebtedness at a higher rate than par value shall ever be accepted. Whenever any bids or proposals are accepted, the clerk of the Board shall make a record in the journal of proceedings, describing the warrants or bonds, or other written evidence of indebtedness to be redeemed, specifying the face or par value of the same, also the amount to be paid therefor, together with the number and date of issue, and such legal evidence of indebtedness shall be, by a vote of the Board, ordered paid, and soon as paid the clerk shall cancel the same, by writing in red ink, across the face of the same, the words: “Redeemed by payment of the sum of ___ dollars, in coin, this ___ day of ___, 18__.” Which sum shall be paid out of the “Redemption Fund,” and all such evidence of indebtedness shall be filed away and preserved by the Treasurer.

      Sec. 20.  All legal claims or demands whatsoever existing or outstanding against said “Town of Gold Hill,” at the time of this Act going into effect may be purchasable as provided in sections eighteen and nineteen of this Act, and paid out of said redemption fund.

      Sec. 21.  All ordinances, contracts or agreements passed or made, and all bonds, warrants, or other evidences of indebtedness issued by such Board of Trustees, shall be held invalid unless signed by the President of said Board and countersigned by the clerk.

      Sec. 22.  Whenever there shall be more than sufficient money in the contingent fund to pay the current expenses of the town, the Board of Trustees shall have power to transfer a portion thereof to the redemption fund, to be used as is by this Act provided for other moneys in said fund.

Money, how paid out.

Proposals for surrender of indebtedness.

Proposals opened, etc.

Indebtedness, how purchasable and paid.

Evidences of indebtedness, etc., to be signed.

Board to transfer fund.

Statement of finances.

Accountability of officers.

Assessment and collection of taxes.

Tax deeds.

Duties of Treasurer.

Provisions for collection of taxes, etc.

      Sec. 23.  The Board of Trustees shall make out and publish, for at least three days in a newspaper published in Storey County, in the months of January, April, July and October, of each year, a full and detailed statement of the receipts and disbursements, from what sources received, and for what purpose paid out, during the three months next preceding such report.

      Sec. 24.  It shall be the duty of the Board of Trustees to provide for the accountability of all officers or employes elected or appointed under this Act, to whom the receipt or expenditure of any of the funds of this corporation may be intrusted, by requiring of each of them sufficient security for the faithful and honest performance of their respective duties; and in case of neglect or refusal on the part of any of such officers or employes to furnish such security to the satisfaction of said Board, within ten days after notice of such requirement, the said Board of Trustees may discharge such officer or employe, and proceed to appoint some other person to fill his place.

      Sec. 25.  Real and personal property may be sold for taxes due said town, by the Marshal, if there be a Marshal, and if no Marshal be appointed, then and in that case by the Constable of Township No. Three of said Storey County. The manner of assessing and collecting taxes shall be prescribed by ordinance, and title upon sale of property for taxes, either real or personal, or mixed, shall vest in the purchaser, to be provided for by ordinance. The Marshal, or Constable, as the case may be, shall, upon sale of real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all courts in this State as prima facie evidence that the grantee or grantees named in said deed, or his or their successors in interest have a good and legal title to the premises described therein; and possession of such property may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists.

      Sec. 26.  It shall be the duty of the Treasurer to receive all moneys derived from any source for the benefit of said town, and he alone shall disburse the same on proper warrants or orders of the Board of Trustees. He shall keep an accurate and full account of all receipts and disbursements, and furnish the Board a full statement of the same whenever required, and his books shall be kept posted and subject to the examination of any member of the Board. All warrants and orders drawn on the Treasurer shall specifically show on their face for what service or indebtedness they are drawn and on what fund; and shall be paid in the regular order of registration on the Treasurer’s books. The Treasurer shall perform such other duties as may be prescribed by ordinance or resolution of the Board.

      Sec. 27.  The Board of Trustees shall make suitable provision from time to time for the assessment and collection of taxes and licenses and all other revenue due, or to become due to said town of Gold Hill, and the person or persons charged with the collection of such revenue shall pay all moneys by him or them collected, after deducting the percentage allowed by ordinance or resolution for collection, at least once in each week to the Treasurer. The time and manner of assessing and collecting shall be such as the Board of Trustees may by ordinance prescribe.

ing shall be such as the Board of Trustees may by ordinance prescribe.

      Sec. 28.  The clerk shall keep the corporate seal, books and papers belonging to the town and file all papers belonging to the town, in his office, under appropriate heads; attend all meetings of the Board of Trustees, and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws, or resolutions passed or adopted by them, which journal shall, after approval at each meeting, be signed by the President of the Board. He shall also countersign and affix the corporate seal to all bonds or warrants issued in pursuance of the ordinances or resolutions of the Board. He shall number and countersign all licenses, which licenses shall be printed, showing on their face the class of license, with marginal stubs attached and stitched together in books, each book containing an equal number and of one class only. He shall be the custodian of the blank licenses, and shall deliver from time to time such number thereof to the person authorized to collect license as the Board may direct, charging him therewith at their face or representative value, and giving him credit at the same rate for so many thereof only as he may return at time of settlement of his account. The clerk shall also keep an accurate account of all bonds issued, and all warrants and orders drawn on the Treasurer, in such manner that the Board can at any time readily ascertain the actual outstanding indebtedness; and perform such other duties as may be required by the Board.

      Sec. 29.  Upon the passage of ordinances, or of any resolution appropriating money abolishing licenses, or increasing or reducing the rates of licenses, the yeas and nays shall be called, and entered in the journal.

      Sec. 30.  The style of all ordinances shall be: “The Board of Trustees of Gold Hill do ordain.” All ordinances shall be published for one week in a newspaper published in Storey County, prior to going into effect.

      Sec. 31.  Civil actions may be brought in the name of “The Town of Gold Hill,” in any court of competent jurisdiction, and actions for the violation of any ordinance of said town may be brought before any Justice of the Peace having jurisdiction within the corporate limits of said town, and fines imposed by such justice may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the town jail, at the rate of one day for each two dollars of such fine and costs, or said justice may, in his discretion, adjudge and enter up in his docket, an order that such offender shall work on the streets or public works, at the rate of one day for each two dollars of such fine and costs, until the same be so exhausted, or otherwise satisfied; provided, however, that appeals may be taken from the judgment of such justice for the violation of ordinances to the court of the First Judicial District, in the manner provided by law for appeals from Justice’s Courts in criminal actions; and, provided further, that in the trial of offenses for the violation of town ordinances, no change of venue to any Justice’s Court beyond the limit of said town corporate shall be granted.

Duties of Clerk.

Style of ordinance.

How actions may be brought.

Proviso.

Appeal.

Venue.