[Rev. 5/3/2022 8:38:56 PM]
κ1877 Statutes of Nevada, Page 125κ
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Chap. LXXIV.An Act for the relief of Thomas Condon.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty-four dollars is hereby appropriated out of the General Fund of the State, not otherwise appropriated, to pay the claim of Thomas Condon, for attendance as a witness for the period of twenty-two days before the committee of the Legislature during the session of eighteen hundred and seventy-five to investigate State Prison affairs. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Thomas Condon for said sum of forty-four dollars, and the State Treasurer is directed to pay the same out of the appropriation herein made. |
Appropriation.
Controller to draw warrant, etc. |
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Chap. LXXV.An Act to appropriated [appropriate] money for the payment of certain claims against the State of Nevada.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of the State of Nevada is hereby authorized and directed to draw his warrant upon the State Treasurer in favor of the following named persons, for the following mentioned sums of money, namely: The Treasurer of White Pine County, for the sum of five hundred and sixty-five and eighty-one one hundredths ($565 81) dollars; B. S. and A. S. Lehman, S. D. Smith and J. N. Curtis, for the sum of fifteen hundred and eighty-one and seventy-eight one hundredths ($1,581 78) dollars; and D. C. Clark and Bro., for the sum of eighteen ($18) dollars; payable out of any money in the General Fund of said State not otherwise specially appropriated; and the Treasurer of said State shall pay said warrants out of said fund, upon presentation of the same; which said amounts of money shall be paid to said persons, their heirs or assigns, and received by them respectively in full payment and discharge of any and all claims or demands had, held, or asserted by them, or any of them, against the State of Nevada, for services rendered and supplies furnished to the State, by reason of the alleged Indian outbreak in White Pine County, during the year eighteen hundred and seventy five. And there is hereby appropriated out of any moneys in the General Fund, or hereafter to come into said fund, not otherwise specially appropriated, the said several sums of money hereinbefore mentioned and set forth, for the purpose of paying the parties above named their said claims and demands for the services and supplies by them, as aforesaid. |
Controller to draw certain warrants.
Appropriation made. |
κ1877 Statutes of Nevada, Page 126 (CHAPTER 75)κ
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ing the parties above named their said claims and demands for the services and supplies by them, as aforesaid. |
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Controller to draw certain warrants.
Treasurer to pay out of General Fund.
To be full payment. |
Chap. LXXVI.An Act to appropriate money for the payment of certain claims against the State of Nevada.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of the State of Nevada is hereby authorized and directed to draw his warrants upon the State Treasurer, in favor of the following named persons, for the following mentioned sums of money, namely: L. R. Kelly, for the sum of one hundred and nine dollars; Patrick Brady, for the sum of eighty-two dollars; Peter P. Esterly, for the sum of eighty-two dollars; Joseph McLaughlin, for the sum of thirty-nine dollars; Thomas Flavin, for the sum of thirty-nine dollars; John Daley, for the sum of thirty-nine dollars; John Wallace, for the sum of thirty-nine dollars; James Bergan, for the sum of thirty-nine dollars; Edward Bluett, for the sum or thirty-nine dollars; James Brady, for the sum of thirty-nine dollars; William Brown, for the sum of fifteen dollars; John C. Colgan, for the sum of thirty-nine dollars; John Cuff, for the sum of thirty-nine dollars; Charles C. Drake, for the sum of thirty-nine dollars; John Huffman, for the sum of thirty-nine dollars; Thomas Kelley, for the sum of thirty-nine dollars; Larrie Lynch, for the sum of thirty-nine dollars; Robert Mellon, for the sum of thirty-nine dollars; Patrick McGinnis, for the sum of thirty-nine dollars; Thomas Matthews, for the sum of thirty-nine dollars; Isaac Noel, for the sum of thirty-nine dollars; James OBrien, for the sum of thirty-nine dollars; David Roach, for the sum of thirty-nine dollars; Patrick Rown, for the sum of thirty-nine dollars; Charles Shield, for the sum of thirty-nine dollars; Phillip Splain, for the sum of thirty-nine dollars; Alexander Von Henn, for the sum of thirty-nine dollars; Patrick Keyes, for the sum of fifteen dollars; John Wallace, for the sum of thirty-nine dollars; Joseph Snyder, for the sum of fifteen dollars-payable out of any money in the General Fund of said State not otherwise specifically appropriated, and the Treasurer of said State shall pay said warrants out of said fund, upon the presentation of the same, which said amounts of money shall be paid to said persons, their heirs or assigns, and received by them respectively in full payment and discharge of any and all claims or demands had, held, or asserted by them, or either of them, against the State of Nevada, for services rendered to the State of Nevada during the alleged Indian outbreak in White Pine County, during the year one thousand eight hundred and seventy-five; and there is hereby appropriated out of any money in the General Fund, or hereafter to come into said fund, |
κ1877 Statutes of Nevada, Page 127 (CHAPTER 76)κ
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or hereafter to come into said fund, not otherwise specifically appropriated, the said several sums of money hereinbefore mentioned and set forth, for the purpose of paying the parties above mentioned their said claims and demands for the services rendered by them as aforesaid; and in all cases hereinbefore mentioned, where money has been allowed to different claimants by name, the assignee of said claimant shall be entitled to receive the warrants and the money thereon, upon the presentation of the assignment of the time of services, properly authenticated. |
Appropriation made. |
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Chap. LXXVII.An Act to appropriate money for the payment of certain claims against the State of Nevada.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of the State of Nevada is hereby authorized and directed to draw his warrants upon the State Treasurer in favor of the following named persons, for the following mentioned sums of money, namely: Thomas H. Busodser, for the sum of ninety dollars; James L. Smith, for the sum of seventy dollars; James McMartin, for the sum of eight hundred and nineteen dollars; Hugh McKay, for the sum of nine dollars; C. L. Broy, for the sum of one hundred and twenty-five dollars; W. H. Clark, for the sum of four hundred and sixty-eight and twenty-five one hundredths dollars; B. Gray & Co., for the sum of one hundred and sixty-five dollars; John M. Keating, for the sum of one hundred and five dollars; H. Manheim, for the sum of one hundred and ninety-two dollars; John H. Dennis, for the sum of one hundred and thirty-seven dollars; W. H. Sweeney, for the sum of fourteen hundred and ninety-one dollars; Hilp Brothers, for the sum of two hundred and eighteen dollars and fourteen cents; George C. Johnson, for the sum of two hundred dollars; P. Felsenthal, for the sum of ninety-one dollars and twenty-five cents; J. J. Healpin & Co., for the sum of one hundred and seventy-five dollars and forty-five cents; J. Eseumann & Co., for the sum of thirty-seven dollars and twenty-five cents; |
Controller to draw certain warrants. |
κ1877 Statutes of Nevada, Page 128 (CHAPTER 77)κ
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Same. |
John Roeder, for the sum of eighty-one dollars and thirty cents; E. McAvoy, for the sum of one hundred and forty dollars; James Pierson, for the sum of two hundred and twenty dollars; Cook & Co., for the sum of one hundred and two dollars; D. W. Newman, for the sum of seventy-five dollars; W. C. Glissen, for the sum of two hundred and twenty dollars; Thomas Galliger, for the sum of five dollars and seventy cents; W. L. McKee and L. S. Scott, for the sum of four hundred dollars; Miles Quillan, for the sum of one hundred and eighty-eight dollars and seventy-five cents; R. Salaman, for the sum of two hundred and twenty-three dollars and fifty cents; J. Eisenmann, for the sum of thirteen dollars; Mrs. Stenson, for the sum of forty dollars; S. R. Nichols, for the sum of twenty-three dollars and fifty cents; Thomas Lespeyre, for the sum of ninety dollars; J. H. Alderson, for the sum of thirty-five dollars; M. V. Murphy, for the sum of one hundred and fifty dollars; James McCarthy, for the sum of fourteen dollars; D. C. Clark & Bro., for the sum of eighteen dollars; Robert Stead, for the sum of three hundred and nineteen dollars; N. C. Power, for the sum of fifty-five dollars; H. C. Carnohan, for the sum of one hundred and forty-five dollars and ninety-eight cents; J. W. Adams, for the sum of four hundred and seventy dollars; Everts & Co., for the sum of two hundred and twenty-five dollars and four cents; S. Hildreth, for the sum of twenty-five dollars and twenty cents; A. Jackson, for the sum of ten dollars; Maria Dealy, for the sum of twelve dollars; D. B. Murphy, for the sum of one hundred and twenty-two dollars; J. R. Townsend, for the sum of thirty-three dollars and fifty cents; John Molitor, for the sum of one hundred and eighty-three dollars; Charles Geary, for the sum of two hundred and eighty-nine dollars and fifty cents; Mrs. Annie Smith, for the sum of ten dollars; Plumhof & King, for the sum of twenty-five dollars; Nora N. Hern, for the sum of one hundred and twenty-seven dollars and fifty cents; C. F. Meyer, for the sum of seventy-six dollars; J. S. Graham, for the sum of seventy dollars; J. H. Lockwood, for the sum of thirty dollars; |
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Dan. Moris, for the sum of four hundred and twenty-three dollars and fifty cents; Dan. Moris, for the sum of seventy-eight dollars and eighty cents; John Molitor, for the sum of thirty-four dollars and fifty cents; Jacob Harris, for the sum of twelve dollars; Nathan Smith, for the sum of sixty dollars; N. Simonson, for the sum of thirty-nine dollars; Bishop & Carpenter, for the sum of thirty-nine dollars; Thomas W. Taylor, for the sum of forty-nine dollars; Samuel Goldstone, for the sum of twenty dollars; H. Boden, for the sum of eighteen dollars; Nieves Leal, for the sum of thirty dollars; J. Williams, for the sum of ninety-eight dollars; J. C. Maupin, for the sum of thirty-nine dollars; George Harmon, thirty-five dollars; P. McGinnis, for the sum of forty dollars; S. S. Sloss, for the sum of sixty-one dollars and fifty cents; A. Morison, for the sum of thirty-nine dollars; C. G. Hubbard, for the sum of thirty-seven dollars and twenty-five cents; Sias & McCally, for the sum of fifty-nine dollars; G. Clark, for the sum of ten dollars; J. H. Alderson, for the sum of one hundred and sixty-six dollars; Theodore Petrovich, for the sum of twenty-four dollars; John H. Dennis, for the sum of one hundred and forty-five dollars; Henry Allen, for the sum of forty dollars; P. Murphy, for the sum of twenty-eight dollars; L. R. Kelly, for the sum of fifty dollars; J. C. Colgon, for the sum of forty dollars; Max Obenfelder, for the sum of ninety dollars; R. Sadler, for the sum of forty-two dollars and fifty cents; Moris Ryli, for the sum of thirty-five dollars; Anderson Holman, for the sum of sixty dollars; Eureka and Palisade Railroad Company, one hundred and fifty dollars; George Young, for the sum of twenty-seven dollars and seventy-five cents; J. Clow, for the sum of thirty-nine dollars; C. Martha, for the sum of twenty dollars; Asa Green, for the sum of seventy-eight dollars; J. W. Brown, for the sum of seventy-five dollars; Edward Charbonna, for the sum of forty-six dollars; A. M. Kirchner, for the sum of fourteen dollars; J. S. Graham, for the sum of seventy-eight dollars; N. P. Dibble, for the sum of ten dollars; C. H. Fiske, for the sum of twenty-one dollars and seventy-five cents. Martin Phillipini, for the sum of forty dollars; H. McMellon, for the sum of seventeen dollars and fifty cents; |
Same. |
κ1877 Statutes of Nevada, Page 130 (CHAPTER 77)κ
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Same. |
William Stevens, for the sum of eighty-one dollars and thirty cents. A. C. Cleveland, for the sum of three hundred dollars; J. S. Whitten, for the sum of five hundred and sixteen dollars and fifty-seven cents. T. P. Cook, for the sum of one hundred and sixty-five dollars. S. R. Sheckell, for the sum of one hundred and six dollars and seventy-two cents; L. Back, for the sum of one hundred dollars; Charles Geary, for the sum of twenty-eight dollars and twenty-five cents; Charles G. Hubbard, for the sum of one hundred and nine dollars and sixty cents; John S. Graham, for the sum of eighty-two dollars and twenty cents; Frank Rettenger, for the sum of fifteen dollars; C. Martha, the sum of twelve dollars; Peter Winn, the sum of fifteen dollars; James R. Ballanger, the sum of fifteen dollars; John C. Driscoll, the sum of thirty-nine dollars; John Enright, the sum of thirty-nine dollars; Harry Farlinger, the sum of thirty-nine dollars. Peter P. Houser, the sum of fifteen dollars; D. C. Hover, the sum of fifteen dollars; James Hamilton, the sum of thirty-nine dollars; John Johnson, the sum of fifteen dollars; G. C. Kenny, the sum of fifteen dollars; Edward A. Keyes, the sum of fifteen dollars; D. Langabaugh, the sum of fifteen dollars; S. Nordman, the sum of thirty-nine dollars; Henry C. Reynolds, the sum of thirty-nine dollars; J. B. Sanders, the sum of thirty-nine dollars; J. B. Simpson, the sum of thirty-nine dollars; H. Shumaker, the sum of fifteen dollars; W. H. Taylor, the sum of fifteen dollars; Peter Wagner, the sum of thirty-nine dollars; George Nithan, the sum of fifteen dollars; John Alexander, the sum of fifteen dollars; George Bessemeto, the sum of fifteen dollars; - Burt, the sum of thirty-nine dollars; Louis Bernard, the sum of thirty-nine dollars; Leon Charnetti, the sum of fifteen dollars; Kerr Chestian, the sum of fifteen dollars; Thomas Dolans, the sum of fifteen dollars; J. Derby, the sum of fifteen dollars; John Duke, the sum of fifteen dollars; Charles F. Eadley, the sum of fifteen dollars; John Eastman, the sum of thirty-nine dollars; J. M. Freingo, the sum of fifteen dollars; James R. Ferris, the sum of fifteen dollars; George Hill, the sum of thirty-nine dollars; James Hawkins, the sum of thirty-nine dollars; Neil Hansen, the sum of fifteen dollars; Charles Hansen, the sum of fifteen dollars; J. Leftnich, the sum of fifteen dollars; |
κ1877 Statutes of Nevada, Page 131 (CHAPTER 77)κ
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J. N. Lacy, the sum of fifteen dollars; J. H. Lee, the sum of fifteen dollars; George Morrison, the sum of thirty-nine dollars; Peter Moris, the sum of fifteen dollars; John Roberts, the sum of fifteen dollars; H. H. Robinson, the sum of thirty-nine dollars; C. C. Sprinks, the sum of fifteen dollars; S. Sacket, the sum of fifteen dollars; J. H. Ludar, the sum of fifteen dollars; Alphine Thiebault, the sum of fifteen dollars; H. A. Wassart, the sum of fifteen dollars; J. B. Wisler, the sum of fifteen dollars; James Warst, the sum of fifteen dollars; -Payable out of any money in the General Fund of said State not otherwise specially appropriated. And the Treasurer of said State shall pay said warrants out of said fund upon presentation of the same; which said amounts of money shall be paid to said persons, their heirs or assigns, and received by them respectively in full payment and discharge of any and all claims or demands had, held, or asserted by them, or any of them, against the State of Nevada, for services rendered and supplies furnished to the State, by reason of the alleged Indian outbreak in White Pine County during the year eighteen hundred and seventy-five. And there is hereby appropriated out of any moneys in the General Fund, or hereafter to come into said fund, not otherwise specially appropriated, the said several sums of money hereinbefore mentioned and set forth, for the purpose of paying the parties above named their said claims and demands for the services and supplies furnished by them as aforesaid. Sec. 2. Before issuing the warrants to the different claimants hereinbefore mentioned, the State Controller shall require each of said claimants, or their heirs or assigns, to present for cancellation the certificate of allowance issued to them, and each of them, by the Adjutant General, J. W. Adams, and shall only issue his warrant upon the surrender of said certificate, properly indorsed, and then only for the amount allowed by the provisions of this Act; provided, that the fifty-six names last mentioned in section one of this Act, comprising the men who were enrolled and performed actual service in Captain Hubbards Company, First Brigade, Third Division, Nevada Militia, as appears by the muster roll in the Adjutant Generals office, to whom no certificates were issued, shall be entitled to receive the warrants for their compensation hereinbefore mentioned without the presentation of such certificates; and in all cases hereinbefore mentioned where money has been allowed to different claims by name, the assignee of said claimant shall be entitled to demand and receive the warrants and the money thereon upon the presentation of the certificate above mentioned, properly indorsed, or the assignment of the time of service, properly authenticated. |
Treasurer to pay out of General Fund.
To be full payment.
Appropriation made.
Certificates to be canceled.
Proviso. |
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κ1877 Statutes of Nevada, Page 132κ
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Appropriation made.
Controller to draw warrant, etc. |
Chap. LXXVIII.An Act providing for paying the services of the late Charles E. De Long in the prison investigation case.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purpose of paying the widow of the late Charles E. De Long for the legal services of her husband in the investigation of the charges against the Warden of the prison, before the Board of State Prison Commissioners, during the years eighteen hundred and seventy-five and eighteen hundred and seventy-six. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Mrs. Charles E. De Long for the sum of one thousand dollars, and the State Treasurer is hereby directed to pay the same as provided in this Act. |
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Release to be given. |
Chap. LXXIX.An Act to prevent persons having a claim or claims against the State from presenting the same claim or claims a second time.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons having a claim or claims against the State after the same shall have been presented and allowed, shall, before the same are paid by the Treasurer of State, execute, under seal, a full and complete release of all claims and demands of whatever nature or kind against the State, since the organization of the State to the date of such payment; and the Treasurer of State shall carefully preserve and file alphabetically in his office for future reference all such releases so executed. |
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Chap. LXXX.An Act transferring the unappropriated balance in the State Building Fund to the General Fund of the State.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whatever unappropriated money there may be in the State Building Fund on the second day of March, eighteen hundred and seventy-seven, is hereby transferred to the General Fund of the State. |
κ1877 Statutes of Nevada, Page 133 (CHAPTER 80)κ
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the State Building Fund on the second day of March, eighteen hundred and seventy-seven, is hereby transferred to the General Fund of the State. Sec. 2. Whenever the State Controller is officially advised of the amount of money appropriated out of the State Building Fund, it shall be his duty to notify the State Treasurer of the amount of such appropriation, and that any balance remaining in said State Building Fund is transferred to the General Fund of the State. |
Money, transferred.
Controller to notify Treasurer. |
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Chap. LXXXI.An Act to provide for the payment of certain legislative expenses.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby authorized and required to draw his warrant on the Legislative Fund, in favor of George W. Cassidy, President pro tem of the Senate, and O. H. Grey, Speaker pro tem of the Assembly, for the sum of one hundred and twenty dollars each, for services rendered as such President pro tem and Speaker pro tem of the Senate and Assembly respectively, and the State Treasurer is hereby authorized and required to pay the same. |
Controller to draw certain warrants, etc. |
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Chap. LXXXII.An Act to prohibit the sale of ardent spirits to the Indians.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall, after the passage of this Act, sell, barter, give, or in any manner dispose of any spirituous or malt liquors of any kind or description whatever, to any Indian within this State, shall be deemed guilty of a misdemeanor, and upon due conviction thereof before any Court of competent jurisdiction, shall be fined in any sum not exceeding five hundred dollars, or be imprisoned in the county jail for any time not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court. Sec. 2. In all prosecutions under this Act, Indians shall, and are hereby declared to be competent witnesses, and shall be permitted to testify for or against any persons; but thecredibility of such witnesses shall be left entirely with the jury. |
Misdemeanor.
Penalty.
Indians may testify. |
κ1877 Statutes of Nevada, Page 134 (CHAPTER 82)κ
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Justices shall be competent.
Act repealed. |
credibility of such witnesses shall be left entirely with the jury. Sec. 3. Justices of the Peace, within their respective counties, shall be considered Courts of competent jurisdiction within the meaning of this Act. Sec. 4. An Act entitled An Act to prohibit the sale of ardent spirits, firearms, or ammunition to Indians, approved December seventeenth, eighteen hundred and sixty-two, is hereby repealed. |
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Incorporated.
Limits.
Board of Trustees.
First Board to meet and choose President, etc. |
Chap. LXXXIII.An Act to incorporate Silver City, Lyon County, Nevada.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the second Monday in March, eighteen hundred and seventy-seven, and for the purposes hereinafter mentioned, the inhabitants of that portion of the County of Lyon embraced within the limits hereinafter set forth, shall be a body politic and corporate, by the name and style of Silver 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 said Silver City shall include the following described tract or tracts of land: The north half of the north-west quarter of section sixteen; the southeast quarter of the southwest quarter, the west half of the southwest quarter, and the southwest quarter of the northwest quarter of section nine; the east half of the southeast quarter, and the fractional portion of the southeast quarter of the northeast quarter, as shown on map, of section eight, in township sixteen north of range twenty-one east, M. D. M., according to the official plat of the United States survey of the town site of said Silver City, made by the United States survey of the town site of said Silver City, made by the United States Surveyor General of the State of Nevada, on file in the office of the County Recorder of said Lyon County. Sec. 2. The corporate powers of the city shall be vested in a Board of Trustees, to consist of three members, who shall be actual residents and owners of real estate in the town, and who shall be chosen by the qualified electors thereof. Sec. 3. The Board of Trustees for the first term shall consist of J. W. Grier, J. M. McGinnis, and Joseph Munckton, whose duty it shall be to assemble at some suitable place in said Silver [City] on the second Monday in March, eighteen hundred and seventy-seven, take the oath of office as such Trustees, and hold their first meeting as a Board of Trustees. The Board shall then elect one of their number, who shall be President of the Board of Trustees until the first election taking place under the provisions of this Act, and the Board shall there enter upon the discharge of their duties. |
κ1877 Statutes of Nevada, Page 135 (CHAPTER 83)κ
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Sec. 4. At the general election held on the first Tuesday in November, eighteen hundred and seventy-eight, there shall be elected three Trustees, who shall hold office for the term of two years, commencing on the first Monday in January, eighteen hundred and seventy-nine, who shall hold office for the term of two years, or until their successors have been elected and qualified. Whenever any vacancy or vacancies shall exist in said Board, it shall be the duty of the remaining Trustee or Trustees to fill such vacancy or vacancies by the appointment of a qualified person or persons to fill such vacancy or vacancies, and the Trustee or Trustees so appointed shall hold his or their office until the next general election. A vacancy in said office shall be deemed to exist when any Trustee shall have ceased to have been a resident of, or owner of real estate in said town for the term of three months. The office of any Trustee may be declared vacant upon his failure to attend the meetings of the Board for the term of three months continuously. Sec. 5. All provisions of law which now are or hereafter may be in force regulating elections, and providing for the registration of electors, shall apply to the election of the Trustees. Elections to be had at the same time, at the same polling place or places, and under the direction and superintendence of the Inspectors appointed by the Board of County Commissioners of said Lyon County to conduct and superintend at the general elections held in said county; and the Inspectors and Clerks at said election shall certify to the Board of County Commissioners of said Lyon County the votes cast for Trustees, and said Board shall canvass the same at the time that the votes cast for State, county, and precinct officers are canvassed, and shall cause a synopsis of the same to be entered upon their minutes, and the Clerk of said Board shall thereupon issue certificates of election to the persons declared duly elected Trustees. The election of any person to the office of Trustee may be contested in the manner and form as provided by statute concerning general elections. Sec. 6. The Trustee or Trustees chosen at any election held under this Act, or appointed to fill a vacancy, shall take the official oath within ten days after due notice of such election or appointment, and upon failure thereof his office may be declared vacant; provided, that in case the person or persons so elected shall be absent from the county at the time of the election, he shall be allowed twenty days in which to return and qualify as such Trustee. Sec. 7. The President of the Board of Trustees shall preside at the meetings of the Board, and shall perform such other duties as the Board may prescribe. At any meeting of the Board, in the absence of the President, the other Trustees shall designate one of their number, who shall be President pro tem. of the Board. Sec. 8. The Board of Trustees shall hold regular meetings on the first Monday 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 shall be necessary. |
Trustees, how elected.
Vacancy, how filled.
General Election law made applicable
Must qualify within ten days.
Proviso.
Duties of the President
Time of meeting, etc. |
κ1877 Statutes of Nevada, Page 136 (CHAPTER 83)κ
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Powers of the Board Water.
To collect certain moneys.
Fire companies
To hold streets, etc.
Tax.
To institute suit.
To adopt rules, etc.
Property, how condemned. |
ings whenever in his judgment it shall be necessary. A majority of the Board shall constitute a quorum for business. Sec. 9. The Board of Trustees shall have power: First-To make contracts for laying water pipes, constructing buildings and reservoirs, hydrants, furnishing hose, water, and all necessary apparatus for the prevention and extinguishment of fire in said Silver City, and to hold, manage, and use the same. Second-To collect and receive all moneys that have been derived, or that may hereafter be derived from the public sale of town lots in said city, under the Act of the Legislature of the State of Nevada entitled An Act prescribing rules and regulations for the execution of the trust arising under the Act of Congress entitled An Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven, approved February twentieth, eighteen hundred and sixty-nine, and to apply such money in part payment for such water, water pipes, hydrants, reservoirs, hose, apparatus, and buildings. Third-To organize, regulate, establish, and disband fire or hose companies within said city. Fourth-To hold and preserve, for the use and benefit of the inhabitants of said city, all streets, alleys, and public squares already established and in use in said city. Fifth-They shall annually levy a tax of not exceeding one per cent. upon the assessed value of all real and personal property situate in the city and made taxable by law for State and county purposes. Sixth-To institute and maintain any suit or suits in any Court or Courts necessary, in their judgment, to enforce or maintain any right or rights of said city. All such suits shall be instituted in the name of the Board of Trustees, for the use and benefit of the inhabitants of said city, and shall be entitled accordingly, in all pleadings and proceedings. Seventh-To adopts all rules and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred, and to audit and allow all claims properly payable out of the funds of the city; provided, that the Board of Trustees shall draw no warrants upon the City Treasury unless there be in the City Treasury a sufficient amount of money to pay the same. Any property, real or personal, necessary for the public use of the city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property to be condemned, then the two referees so appointed shall select a third referee, and the decision of a majority of such three as to the valuation of the property or interest therein by them appraised, shall be reported to the said Board of Trustees, and may by them be regarded as final and binding, and upon the tender in gold coin of the sum named by said appraisers for such property to the claimant or claimants, owner of owners thereof, or his agent or attorneys, such property or the interest therein appraised shall become and be the property of the city, and said Board of Trustees may take immediate possession of the same. |
κ1877 Statutes of Nevada, Page 137 (CHAPTER 83)κ
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interest therein appraised shall become and be the property of the city, and said Board of Trustees may take immediate possession of the same. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or reject, when required by the Board of Trustees, to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding; but no act of condemnation of property or of any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto, or right therein; and in condemnation of property, as in this Act provided, the referee, or Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is so condemned will be of any benefit to the persons owning or claiming the said property, or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned. Sec. 10. The Treasurer of Lyon County shall, in addition to the duties now imposed upon him by law, act as the Treasurer of the city, and shall be ex officio City Treasurer. It shall be his duty to keep in a separate fund, to be known as the Silver City Fund, all moneys collected or on account of said Silver City, under and by virtue of this Act, and shall pay the same out upon warrants duly signed by a majority of the Board of Trustees and the City Clerk; provided, there be in said fund a sufficient amount of money to pay the same; but if he has not such money he shall indorse on said warrant, Not paid for want of funds, adding thereto the date of such indorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order. The President of the Board of Trustees, or some one of the Board appointed by the President, shall once in every three months examine the books and vouchers of the City Treasurer concerning the state of the finances in his hands, and report the result to the Board, which shall be spread at large upon the minutes of the Board. Sec. 11. The Assessor of Lyon County shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city, and shall be ex officio City Assessor. Sec. 12. The District Attorney of Lyon County shall, in addition to the duties now imposed upon him by law, act as the Attorney for the city, and shall be ex officio City Attorney. Sec. 13. The County Auditor of Lyon County shall, in addition to the duties now imposed upon him by law, extend the assessment of all taxes levied for the use and benefit of the city, and shall immediately certify the amount thereof to the City Clerk, and shall in like manner certify to said Clerk the amount of any delinquency which may attach by reason of the non-payment of any tax at the time required by law. |
Treasurer of Lyon County to be Treasurer; his duties.
President to examine Treasurers books.
Assessor.
District Attorney.
Auditor and his duty. |
κ1877 Statutes of Nevada, Page 138 (CHAPTER 83)κ
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Tax to be levied.
Equalization.
Taxes, etc. collected to be paid to the City Treasurer Account to be kept
Salaries.
Taxes, how applied. |
Sec. 14. The Board of Trustees shall annually, on or before the third Monday in March, levy a tax as hereinbefore provided, upon all real and personal property situated within the city and made assessable by law for State and county purposes, and the City Clerk shall immediately certify the same to the City Assessor. The tax so levied shall be assessed and collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of this State for the collection of State and county taxes; and said city tax so levied shall be assessed and collected with the State and county taxes of each year, and the revenue laws of this State shall in every respect not inconsistent with the provisions of this Act, be deemed applicable, and so held to the levying assessing, and collecting of the city taxes; provided, that in the matter of equalization of assessments upon property the rights of the city shall be concluded in the manner and to the same extent as is the State and the county by the action of the County or State Board of Equalization; and whenever or wherever practical and expedient, all forms and blanks in the use in levying, assessing, and collecting of State and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing, and collecting of the revenue of the city. Sec. 15. All taxes or other moneys collected or received for the city by any officer or other person, under and by virtue of the provisions of this Act, shall be paid by the officer or person collecting or receiving the same to the City Treasurer, who shall keep an account thereof, and give itemized receipts therefor, in duplicate, one of which shall be by him immediately forwarded to the City Clerk for the more perfect keeping of his accounts, and for the information and guidance of the Board of Trustees, and the other shall be given to the officer or person so paying in such money. Sec. 16. The Trustees shall receive no compensation for their services. The Board of Trustees shall have power to appoint a clerk, who shall receive for his services a salary not exceeding sixty dollars per annum, to be fixed by the Board of Trustees. The City Treasurer shall receive for his services one per centum on all moneys received by him for or on account of said Silver City, but shall receive nothing for disbursing the same. The County Auditor shall receive, for extending the tax on the assessment roll, not to exceed fifteen cents per folio of one hundred words; provided, that in no case shall the Auditor receive more than twenty-five dollars for such service in any one year. The City Assessor shall be entitled to receive and retain, on account of taxes collected by him on personal property, six per centum on the amount collected, but shall receive no other salary or compensation. Sec. 17. All moneys derived from taxes shall be to the purchase and construction of said water pipes, hydrants, reservoirs, hose, buildings, and apparatus, to the laying of such pipes, to payment for any land that may be condemned for such purposes, to supplying the city with water for such reservoirs and pipes, and keeping the same in good order and repair, and to defray the necessary expenses of said city government, |
κ1877 Statutes of Nevada, Page 139 (CHAPTER 83)κ
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and to defray the necessary expenses of said city government, as hereinbefore mentioned; and the Board of Trustees shall have no power to make any contract for any of the purposes aforesaid, exceeding in amount the sum of five thousand dollars, but said Board of Trustees shall in no event contract any debt or debts against said city exceeding in the aggregate the sum of three thousand dollars. |
Extent of contract and debt. |
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Chap. LXXXIV.An Act providing for the removal of county seats and permanent location of the same.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever three fifths of the qualified electors of any county of this State, each elector being a taxpayer of said county, as appears by the last assessment roll, who have taken and subscribed to the oath or affirmation prescribed by law for the registration of electors in this State, shall petition the Board of County Commissioners of such county for the removal or location of the seat of justice of said county, the said County Commissioners shall, within sixty days thereafter, cause an election to be held at the various places of voting in said county, the said County Commissioners giving thirty days notice in some newspaper published in the county, or by posting written or printed notices at the several voting precincts in the county; such notice shall state the time and place of holding, and for what purpose such election is held; and any election provided for in this Act may be held on the day of any general election in said county. The place receiving a majority of all the votes cast at such election shall be declared the county seat; provided, that if no place receive a majority of all the votes cast, there shall be held a second election for said seat of justice, on a day not less than twenty nor more than thirty days after the vote of the first election is counted and declared by the said Board of County Commissioners, which last day shall be fixed by the Board of County Commissioners, and they shall give notice of the same for at least ten days, in the manner provided for the first election. At said second election the balloting for the seat of justice shall be confined to the two places having the highest number of votes at the first election. Sec. 2. Within ten days after such election shall be held the Board of County Commissioners shall meet and proceed to canvass the vote, and the place which has received the majority of all the votes cast shall be proclaimed by them the seat of justice for said county. Sec. 3. The county officers who are required by law to keep their offices at the county seat, shall, within twenty days after said proclamation, remove all books, records, papers, and furniture belonging to the county to the place named, |
Three fifths of taxpayers to petition
Election to be held.
Notice.
If no majority, second election to be held.
Ballot restricted
Vote canvassed
Officers to remove papers, etc |
κ1877 Statutes of Nevada, Page 140 (CHAPTER 84)κ
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Penalty.
Registry Agent to certify.
Election, how conducted.
Act repealed. |
ture belonging to the county to the place named, and if any officer shall fail to remove within the time prescribed by this section, he or his sureties shall pay to the county the sum of twenty dollars for each and every day of such failure, to be sued for and collected by the Board of County Commissioners. Sec. 4. Every petition for the purpose mentioned in section one of this Act shall be accompanied by the certificate of the registry agent of the district where the persons signing such petition reside, showing that all the persons whose names are signed to said petition are qualified electors of said county, as appears by the registry list of said district, or the affidavits on file in his office of persons not registered at the last general or special election, but who are qualified electors of said county. Sec. 5. The election provided for in this Act shall be conducted in all respects as provided for by the general election laws of this State, and any person swearing or affirming falsely in taking an oath provided for in this Act, shall be deemed guilty of perjury, and held subject to all the penalties attached by law to the commission of that crime. Sec. 6. The Act entitled An Act providing for the removal of county seats and the permanent location of the same, approved March second, eighteen hundred and sixty-seven, and all Acts in conflict with this Act, are hereby repealed. |
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Peace officers neglecting to enforce the law, guilty of a misdemeanor. Penalty.
Any citizen may make complaint
Shall be no bar to removal. |
Chap. LXXXV.An Act to provide for the better enforcement of an Act to amend an Act entitled An Act to prevent the destruction of fish, approved March second, eighteen hundred and seventy-one, approved January twenty-sixth, eighteen hundred and seventy-seven.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of all District Attorneys, Sheriffs, Constables, and all peace officers of this State, to enforce the provisions of the above mentioned Acts, and if any of the officers herein named shall willfully neglect or refuse to prosecute any person or persons within their jurisdiction of bailiwick, who may violate the provisions, or either of them, of said Acts, he or they shall be deemed guilty of misdemeanor in office, and upon conviction thereof shall be fined each in any sum not exceeding five hundred dollars. Any citizen may make complaint, under oath, against any officer above mentioned, for a violation of his duties as herein specified, before the proper Justice of the Peace within the county where such neglect of duty may occur, and said Justice of the Peace shall proceed upon said complaint in the same manner as is provided by law for the trial of other misdemeanors; and the judgment of any Justice of the Peace imposing a fine upon any officer under the provisions of this Act, shall in no case be a bar to any proper proceedings which may be instituted before any Board of County Commissioners or other body or proper tribunal having jurisdiction thereof, for the removal of such officer from office for such misdemeanor. |
κ1877 Statutes of Nevada, Page 141 (CHAPTER 85)κ
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any proper proceedings which may be instituted before any Board of County Commissioners or other body or proper tribunal having jurisdiction thereof, for the removal of such officer from office for such misdemeanor. |
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Chap. LXXXVI.An Act to enable the Board of Commissioners for the Care of the Indigent Insane to make certain provisions for the proper care of said insane.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners for the Care of the Indigent Insane of this State, are hereby authorized and directed to make a contract for the proper care and maintenance of the indigent insane of this State, with the parties at present in charge of insane; provided, that such contract shall not be for less than four years, and that the price per patient shall be the same as under the existing contract between the State and the same parties. |
Contract authorized.
Proviso. |
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Chap. LXXXVII.An Act to amend an Act in relation to highways, approved March fifteenth, eighteen hundred and seventy-five.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act shall be so amended as to read as follows: Section One. Whenever a majority of the taxpayers of any township or townships in any county of this State, whose names shall appear on the last previous assessment roll, shall petition the Board of County Commissioners of such county to divide such township or townships into a road district, or road districts, it shall be the duty of said County Commissioners to so divide such township or townships, and to create such road district or districts (fixing the boundaries thereof and having the same recorded), and to appoint a Road Supervisor for each district, to serve until next general election, when said Supervisors shall be elected by the people of their district (in the same manner that other township officers are elected) to serve for two years, and until their successors are elected and qualified. When such road district or districts shall once be created they shall remain the same, and have the rights and be subject to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same, when it shall be the duty of such Board to disorganize said district. |
Road districts, how created.
Road Supervisor.
District to remain until disorganized |
κ1877 Statutes of Nevada, Page 142 (CHAPTER 87)κ
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Road Fund, how created and maintained.
Tax may be levied.
Tax may be worked out.
Demand to be made, and refusal to pay tax property may be seized and sold.
Notice.
Roads are to be opened upon the petition of a majority of the resident taxpayers |
to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same, when it shall be the duty of such Board to disorganize said district. Sec. 2. Section eight of said Act shall be so amended as to read as follows: Section Eight. To create a Road Fund for the district [s] hereby authorized to be created, the said County Commissioners are required to set off to said fund the net proceeds of the countys proportion of all poll taxes collected from citizens residing in such road districts; also, when they deem it expedient, they may levy a property tax not to exceed one fourth of one per cent. on all the property of the county, annually, to be levied, assessed, and collected as other taxes, and assigned by them to the funds of the several road districts, as they may deem for the best interest of the county; also, when a majority of the property holders of any road district shall petition to the County Commissioners in favor of an additional special tax for the benefit of such district, said Commissioners shall levy a tax on all property within such district, at a rate not to exceed three dollars upon each one thousand dollars valuation, which tax shall be collected by the Road Supervisors, as hereinafter provided, and paid into the Treasury for the Road Fund of such district; provided, that any person owing the last named property tax, may pay a part or all of the same by labor on the roads of the district, under the direction of the Supervisor thereof, at the rate of three dollars for each full days work and implements of labor, four dollars per day for each team of two animals, and one dollar per day for each additional animal. Sec. 3. Section nine of said Act is amended so as to read as follows: Section Nine. To enforce the collection of the special taxes named in this Act, the Supervisor shall demand of each taxpayer the amount of road tax due, and upon refusal or neglect to pay the same within twenty days, he may seize so much of any and every species of personal property whatsoever owned by said person owing and refusing to pay said tax, and shall, after posting notices in three conspicuous places in such district, giving ten days notice, proceed to sell to the highest bidder so much thereof as will be sufficient to pay said road tax and costs of seizure and sale, which costs shall not exceed four dollars in each case. Sec. 4. Section ten of this Act shall be so amended as to read as follows: Section Ten. At any time when a majority of the resident taxpayers of a road district, according to the last previous assessment roll, shall petition the County Commissioners of their respective counties for the location, opening for public use, establishment, change, or vacation of any public road or highway, or road to connect with any highway heretofore established, any street or alley in any incorporated town in such county, setting forth in such petition the beginning, course, and termination of such road or highway, street or alley, proposed to be located and opened for public use, established, change[d], |
κ1877 Statutes of Nevada, Page 143 (CHAPTER 87)κ
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change[d], or vacated, together with the names of the owner or owners of the lands through which the same will pass, said petition may be presented to the County Clerk of said county, and the Clerk shall lay said petition before the Board of County Commissioners at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, establish, change, or vacate such road, highway, street, or alley. Before opening any new road, street, or alley, or changing same through private property, such property shall be condemned for public use as follows: The Board of County Commissioners shall appoint one disinterested person, and the owners or agents of the lands through which such highway may run shall select one such person, and the two shall proceed to view out such road, street, or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed, or vacated, after deducting any advantages arising from such location, change, or vacation of such road, street, or alley, to the owner or owners of such property. If the two viewers cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision of the matter shall be final; provided, the parties aggrieved by the decision of such road viewers may commence action in the District Court within twenty days from the date of such decision, to set aside their award; and upon the final award and decision of such damages, the Board of County Commissioners shall order the Road Supervisor of district to open, establish, change, or vacate, as the case may be, such road, street, or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot so as to greatly impair it in shape, or through an orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the Government surveys, or of town plats, where the same is practicable. Sec. 5. Section eleven is amended to read as follows: Section Eleven. All public highways, except those of less width already established, shall be sixty feet in width. Sec. 6. Section twelve shall read as follows: Section Twelve. An Act entitled An Act in relation to public highways, approved March fifth, eighteen hundred and seventy-three, and all Acts and parts of Acts in conflict with this Act, are hereby repealed. |
Property, how condemned.
Aggrieved parties may commence action within twenty days.
Road not to run diagonally through lands.
Width of road.
Act repealed. |
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κ1877 Statutes of Nevada, Page 144κ
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Act repealed.
Proceedings had, declared null and void. |
Chap. LXXXVIII.An Act to repeal an Act entitled An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals, approved February sixteenth, eighteen hundred and seventy-seven, and to declare all proceedings thereunder of no force or effect.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals, approved February sixteenth, eighteen hundred and seventy-seven, is hereby repealed. Sec. 2. All proceedings had under and by virtue of said Act hereby repealed, by said Supreme Court, or any of the Justices thereof, are hereby declared null and void, and of no force or effect. |
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Laws of general nature to be published in newspaper.
Officers to advertise for bids for publication, etc. |
Chap. LXXXIX.An Act to authorize the publication of the laws enacted by the Legislature of the State of Nevada.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, Secretary of State, and Treasurer of State are hereby authorized, empowered, and directed to have published in some daily newspaper printed in this State, all laws of a general nature passed by this and succeeding Legislatures of this State, after the same are approved by the Governor. Sec. 2. Said State officers shall advertise for bids for the publication of such laws within five days after the close of the session of the Legislature, which advertisement shall be for the period of ten days, and they shall award the contract to the person or persons bidding the lowest price and entering into a good and sufficient bond for the faithful performance of the same, and that such publication shall be completed within forty-five days after the award of such contract. |
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κ1877 Statutes of Nevada, Page 145κ
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Chap. XC.An Act authorizing the Board of County Commissioners of White Pine County, Nevada, to build a branch jail at Ward City, in said county, and to appropriate money for the same.
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of White [Pine] County are hereby authorized to appropriate out of any money in the Treasury of said county not otherwise specifically appropriated, a sum not exceeding one thousand dollars, for the purpose of building a branch jail at Ward City, in said county. Sec. 2. The Auditor of said County of White Pine is hereby authorized to draw his warrant for any sum not exceeding the amount appropriated in this Act. |
Appropriation for purpose of building branch jail.
Auditor to draw warrant. |
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Chap. XCI.An Act to reincorporate the City of Virginia and to provide for the government thereof, and to repeal all other laws in relation thereof [thereto].
[Approved March 2, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that tract of land in the County of Storey, State of Nevada, laying [lying] within the boundaries and limits hereinafter mentioned, that is to say: Commencing at a point one mile south of the old site of the Mexican Silver Mining Company[s] quartz mill; thence running east one mile; thence running north two miles; thence running west two miles; thence running south two miles; thence running east one mile, to the place of beginning, is hereby declared to be a city, and shall hereafter be known as the City of Virginia. Sec. 2. For the government of the city, there shall be a Mayor and Board of Aldermen, consisting of one member from each ward. The said Mayor and Board of Aldermen shall be a body politic and corporate, by the name and style of the Mayor and Board of Aldermen of the City of Virginia, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, complain and defend, in all Courts, and in all actions and proceedings; may purchase, hold, and receive property, both real and personal, within said city, and may receive and hold, for the use of the city, both real and personal property, whether by gift, bequest, or devise; may lease, sell, or otherwise dispose of all city property, |
Boundaries.
Officers of corporation.
May sue and be sued. |
κ1877 Statutes of Nevada, Page 146 (CHAPTER 91)κ
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Wards and boundaries.
Officers.
Term of office.
One Alderman from each ward.
Qualification of officers and electors.
Qualification of electors.
Election, when and how held. |
property, both real and personal, for the benefit of the city, and may provide for the management, regulation, and use of the same; provided, they shall not purchase any real estate, other than such as is within the city limits and necessary for public buildings, for the laying out, widening, or improving the public streets, alleys, grounds for burial purposes; they may also have a common seal, and may alter the same at the pleasure of a vote of a majority of the Board. Sec. 3. The City of Virginia is hereby divided into four wards, the boundaries of which shall be as follows: The First Ward shall embrace all that part of the city laying [lying] north of Sutton avenue; the Second Ward shall embrace all that part of the city laying [lying] north of Taylor street and south of Sutton avenue; the Third Ward shall embrace all that part of the city laying [lying] between Taylor and Silver street, and the Fourth Ward shall embrace all that part of the city laying [lying] south of Silver street. Sec. 4. The officers of the City of Virginia shall be a Mayor, one Alderman from each ward, a Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and such other officers as are hereinafter authorized to be appointed or created by the Board of Aldermen. The above officers (except the Aldermen from each ward) shall be elected by the qualified voters of said city, and shall hold their office for the term of one year, and until their successors are elected and qualified. The Alderman from each ward of said city shall be elected by the qualified voters of each ward, to wit: one Alderman from the First Ward; one Alderman from the Second Ward; one Alderman from the Third Ward, and one Alderman from the Fourth Ward, and shall hold their offices for one year, and until their successors are elected and qualified. Sec. 5. No person shall be eligible to the office of Mayor, Alderman, Treasurer, Assessor, Tax Collector, City Attorney, or Chief of Police, who is not a qualified elector of the State of Nevada, and who has not been a resident of said city for at least one year proceeding [preceding] the election, and no person shall be entitled to vote for any city officer in any ward except the ward in which he resides; nor shall any person be entitled to vote in any ward unless he has been a resident of such ward for thirty days preceding any city election. Sec. 6. No person shall be allowed to vote at any city election who is not a qualified elector of the State of Nevada, and who has not been a resident of said city for at least six months next preceding the election. Sec. 7. The general election of Mayor, Aldermen, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, shall take place on the first Monday of May of every year, commencing with the first Monday in May in the year of our Lord eighteen hundred and seventy-seven (1877.) The Mayor and Board of Aldermen of said city shall, for each election, appoint two Inspectors of Election in each ward, and designate the place for opening the polls. All the provisions of law which now are or hereafter may be in force regulating elections, and providing for the registration of elections [electors] so far as the same are consistent with the provision of this Act, shall apply to every election of city officers by the voters of said city. |
κ1877 Statutes of Nevada, Page 147 (CHAPTER 91)κ
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apply to every election of city officers by the voters of said city. The Inspector[s] of each ward shall appoint two clerks, whose duty it shall be to take down in writing the name of each voter as his vote is deposited. After the polls shall have been closed, it shall be the duty of the Inspector[s] and clerks of each ward to proceed immediately and canvass the vote cast at each ward, which canvass shall be in public. Within three days after each election the Inspector[s] and clerks of each ward shall deliver to the person who shall have received the highest number of votes in each ward for Alderman, a certificate of his election to said office. At every annual election the Inspector[s] and clerks in each ward shall, immediately after the votes are counted, make out a statement of the number of votes cast in each ward for the office of Mayor, Alderman, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and the number of votes cast for each person to fill said office respectively, which statement shall be certified by them under oath to be correct. They shall also carefully seal up the votes and poll list, and direct the same to the Board of Aldermen of said city. It shall be the duty of the clerk of such Election Board to deliver such sealed package and said certified statement to the Clerk of the Board of Aldermen within three days after any election shall have been held. On the Saturday next after such election shall have been held, the Mayor and Board of Aldermen shall proceed to ascertain from said certified statement what persons have received the highest number of votes in said city for the office of Mayor, Aldermen, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and a certificate of election shall be issued by the clerk, under their direction, to the person who shall have received the highest number of votes for each of said offices respectively. The Clerk of the Board of Aldermen shall keep the sealed packages containing the ballots and poll list until the next general election, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Mayor, Aldermen, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, chosen at any election, shall qualify and enter upon the discharge of their duties within one week after being notified of their election, and any officer[s] appointed by the Board of Aldermen shall qualify and enter upon the discharge of their duties within one week after their appointment. If any person chosen for office at any election, or who shall be appointed to office by the Mayor or Board of Aldermen, shall fail to qualify as above required, the office for which he shall have been chosen, or appointed to, shall be deemed vacant. All city officers, before entering upon the discharge of their duties, shall take the official oath prescribed by law. Sec. 9. The Mayor and Board of Aldermen, at their first meeting after the annual election, or at any regular meeting thereafter when they shall deem the same expedient, shall elect a President from their own body, who shall preside at their meetings when the Mayor is not present, and whenever there is a vacancy in the office of Mayor, or whenever the Mayor is absent from the city, or unable from any cause to discharge the duties of the office, the President of the Board shall act as Mayor, and possess all the powers and perform all the duties of the Mayor during such vacancy, absence, or disability. |
Inspectors to make returns.
Board to canvass the votes.
Officers to qualify within one week.
President of Board and his powers. |
κ1877 Statutes of Nevada, Page 148 (CHAPTER 91)κ
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Vacancy.
Board may appoint clerk, etc.
Time of meeting.
Quorum.
May make rules, etc.
Concerning voting
Meetings to be public, etc.
Powers of Board. To ordain.
To levy taxes. |
the duties of the office, the President of the Board shall act as Mayor, and possess all the powers and perform all the duties of the Mayor during such vacancy, absence, or disability. Sec. 10. Whenever a vacancy shall occur in the office of Mayor, Alderman, Assessor, Tax Collector, City Attorney, or Chief of Police, the Board of Alderman shall appoint some person to fill such vacancy. The person appointed to fill such vacancy shall hold his office for the residue only of the term of his immediate predecessor. Sec. 11. The Board of Alderman shall have power to create by ordinance the office of City Clerk, Street Inspector, and such other offices as they may deem advisable for the best interest of the city government. The Board shall also have power to fill said office[s], or any vacancy occurring therein, by appointment, and, also, to remove any person so appointed, at their pleasure. In all cases whatsoever the Board shall vote viva voce. Sec. 12. The Mayor and Board of Aldermen shall meet on the second Tuesday after the election, and weekly thereafter during the year, and at such other times as they by adjournment or resolution may direct. The Mayor may call special meetings at any time he may think proper, by causing a written notice of such special meeting to be served upon each member of the Board of Aldermen. At all meetings of the Board of Aldermen the Mayor shall preside. Sec. 13. A majority of the Board of Aldermen shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members. No tax or assessment shall be ordered, nor shall any office be created unless by a majority of all the members elect. Sec. 14. The Mayor and Board of Aldermen shall determine the rules for the government of their own proceedings, and shall be judges of the qualifications and election of their members. Sec. 15. In the proceedings of the Board of Aldermen, each member present shall vote upon all matters pending before the Board, unless excused therefrom by a majority of the members present. The Mayor of said City of Virginia is hereby empowered to vote upon all matters or questions coming before said Board of Aldermen, except on the adoption of passage of ordinances for or on behalf of said city. Sec. 16. All meetings of the Board of Aldermen shall be public. A journal of all the proceedings of the Board shall be kept by the Clerk, which shall, during all business hours, be open to the inspection of the public, and, upon the request of any member, the ayes and noes shall be taken upon any question, and entered upon the journal. Sec. 17. The Board of Aldermen shall have power: First-To make by-laws and ordinances, not repugnant to the Constitution or laws of the United States or of the State of Nevada. Second-To levy and collect taxes on all property within the City of Virginia, both real and personal, made taxable by law for State or county purposes, except the proceeds of mines, which tax shall not exceed in the aggregate the sum of one dollar of each one hundred dollars, per annum, upon the assessed value of all such property. |
κ1877 Statutes of Nevada, Page 149 (CHAPTER 91)κ
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mines, which tax shall not exceed in the aggregate the sum of one dollar of each one hundred dollars, per annum, upon the assessed value of all such property. Third-To use the labor of the prisoners imprisoned in the city jail, in such manner as they may deem proper; provided, that nothing in this subdivision shall be so construed as to authorize said Board to establish a chain gang within the limits of said city. Fourth-To lay out, extend, and alter the streets and alleys; provided for the grading, draining, cleaning, widening, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, mains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and to condemn property for the public use in the following manner: The Board of Aldermen shall appoint one referee, and the owner or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree in the valuation of the property, then the two so selected shall choose a third referee, and a devision [decision] of a majority of such three referees in regard to the valuation of the property appraised by them shall be the decision of all; and if either party refuse or neglect to appoint a referee under this subdivision, the Judge of the District Court of the First Judicial District, Storey County, shall, upon the application of either party, appoint a referee to act for the party so refusing to appoint. If the two referees cannot agree in the choice of a third referee the said District Judge shall also, on application of either party, appoint such third referee. Any person aggrieved by the decision of such referees may appeal from the same to the District Court of the First Judicial District, at any time within twenty days from the rendition thereof. The said Court shall then proceed to hear and determine the same in a summary way, and fix the valuation of said property. In cases where there are adverse or conflicting [claims] to the compensation assessed for any such property, or any right, title, or interest therein, thus sought to be appropriated, the parties thus asserting said claims may present the same to the Court, and the said Court may proceed to hear and determine the same, and in such cases the city may pay the amount of such compensation to the clerk of said Court, to abide the order of said Court, in said proceedings, and the city shall not be liable for any of the costs caused by the adjudication of such conflicting claims. Costs in such proceedings shall be taxed at the rates prescribed in civil actions, and shall be paid by the city, except in cases where the defendant or claimant shall move for and obtain a new trial, and upon such new trial, and upon such new trial, if the compensation shall not be increased more than ten per cent. upon the previous assessment, in which case such defendant shall pay the costs. The city shall, within thirty days after the final determination of the amount so to be paid by the city, pay or tender the amount so assessed to the person, or persons, the value of whose interest has been so ascertained, or such payment may be made to the clerk of said Court for said persons, and shall be deemed, for all purposes, a payment of such persons. |
To work prisoners.
To lay out streets.
To condemn property.
Aggrieved party may appeal. |
κ1877 Statutes of Nevada, Page 150 (CHAPTER 91)κ
|
To be a Board of Fire Commissioners.
May regulate the fire department.
Fire officers, how appointed
Fire districts.
Duties of the firemen. |
such persons. Upon payment or tender of such compensation, the real estate and interest therein which have been so condemned, shall become the property of the City of Virginia for the public use. Fifth-The Mayor and Board of Aldermen, for the time being, shall be ex officio a Board of Fire Commissioners of the City of Virginia. The Clerk of the Board of Aldermen shall be ex officio Clerk of the Board of Fire Commissioners. Said Clerk shall also perform the duties of Clerk to the Chief Engineer. Said Fire Commissioners shall organize immediately upon the passage of this Act; may elect one of their number President of the Board, and shall, upon their organization, have full power, by the vote and concurrence of a majority thereof, to take all necessary steps and proceedings to prepare the fire department constituted hereby, to go into active operation on the third day of March, eighteen hundred and seventy-seven. The Board shall meet on the second day of March, and thereafter at such times as they by adjournment or resolution shall direct; and said Board shall have power to adopt rules and regulations for the government, management, control, and discipline of the fire department, as they shall deem expedient for the best interest thereof, and to prescribe the duties of the officers and members thereof; and to locate all cisterns, hydrants, engine houses, or other improvements appertaining to the department. The fire department shall consist of one Chief Engineer, one Assistant Engineer, the regular policemen of the city, and such number of firemen, not exceeding sixteen, as the Board of Fire Commissioners may direct; and such number of firemen shall not be increased except by resolution of the Board of Fire Commissioners, introduced at a regular meeting and adopted at some subsequent regular meeting of the Board. The Chief Engineer, Assistant Engineer, and firemen shall be appointed by the Board of Fire Commissioners, each for the term of one year, from and after his appointment; and the Chief Engineer and Assistant Engineer shall be removable at the pleasure of the Board, and the firemen shall be removable at the pleasure of the Chief Engineer. The Board of Fire Commissioners shall lay off the city into eight fire districts, which may be increased or diminished at their discretion; and they shall select and appoint not to exceed two of said firemen for each district, and such firemen shall be residents of the districts for which they are appointed; and any person engaged in any business which requires his absence from said district, shall be disqualified for such position. It shall be the duty of the firemen, including the regular police, who are members of the fire department, to attend all alarms of fire and obey all orders of the Chief Engineer, and all such rules and regulations as the Board of Fire Commissioners shall prescribe. The Chief Engineer and Assistant Engineer shall take charge of all engines, hose carts, hose, hydrants, tanks, reservoirs, and all other property belonging to the city appertaining to the fire department, or devoted in any manner to the extinguishment of fires. They shall keep the same in good order and efficiency. The Chief Engineer must inquire into the cause of every fire occurring in said city, and keep a record thereof; he must aid in the enforce ment of all fire ordinances, |
κ1877 Statutes of Nevada, Page 151 (CHAPTER 91)κ
|
ment of all fire ordinances, examine buildings in process of erection, report to the Board the violations of ordinances relating to the prevention and extinguishment of fires, and when directed by the Board, institute prosecution therefor; he must attend all fires, with the badge of office conspicuously displayed, must prevent injury to, take charge of, and preserve all property rescued from fires, and return the same to the owner thereof, on payment of the expenses incurred in saving and keeping the same, and perform such other duties as may be imposed upon him by the Board of Fire Commissioners. The Chief and Assistant Engineer shall devote their whole time to their duties in the fire department, and be engaged in no other business. The Chief Engineer shall be the executive officer of said fire department, and it shall be his duty (and that of the Assistant Engineer) to see that the laws, ordinances, orders, rules, and regulations, concerning the same, are carried into effect; and also to attend to such duties as Fire Wardens as may be required, and to see that all laws, orders, and regulations, established in said city to secure protection against fire, are enforced. It shall also be his duty to enforce the rules and regulations made from time to time to secure discipline in said fire department. He shall diligently observe the condition of the apparatus and working of said department, and shall from time to time report to said Board of Fire Commissioners upon the same, and make such recommendations and suggestions respecting it and for securing its greater efficiency as he may deem proper. Any interference at time of fires, impending the Chief Engineer in the discharge of his duties, shall be punishable as the Board of Aldermen may by ordinance prescribe. The Chief and Assistant Engineer may employ such assistance as may be necessary after fires to put the hose and fire apparatus in good order, and the Board of Fire Commissioners may pay for such assistance such per diem wages as they may deem just, and shall limit such assistance from time to time as in their discretion they may see fit. The salaries of the officers and men comprising the fire department shall not exceed the following sums, to be paid monthly in United States gold coin: Chief Engineer, two hundred dollars per month; Assistant Engineer, one hundred and fifty dollars per month; firemen, including the regular police holding the position of firemen, twenty-five dollars per month; but the Board of Fire Commissioners may, by resolution adopted at two successive regular meetings, increase or diminish such salaries, or any of them. The Board of Fire Commissioners shall have power to purchase such necessary steam engines, hose, and hose carts, or other fire apparatus, and horses, not to exceed eight in number, and to purchase and provide such engine houses for the use of said fire department as the public safety of the city may require. The Mayor and Board of Aldermen shall, from time to time, cause such sums of money as may be necessary to pay the salaries and all expenses of the fire department, to be set apart from the revenues of the city, and all of the expenses of said fire department shall be paid out of the money so set apart. The moneys so set apart shall be known as the Fire Department Fund and no moneys shall be drawn from said fund unless first authorized by the Board of Fire Commissioners, and upon warrants to be signed by the Mayor and City Clerk. |
Chief Engineer, his duties.
Salaries.
May purchase engines, etc.
To set apart the salaries. |
κ1877 Statutes of Nevada, Page 152 (CHAPTER 91)κ
|
Gunpowder.
Nuisances Police.
Licenses.
Houses of ill-fame.
Collector to make demand. |
be drawn from said fund unless first authorized by the Board of Fire Commissioners, and upon warrants to be signed by the Mayor and City Clerk. The Board of Fire Commissioners shall have power to sell at private or public sale, from time to time, engines, engine houses, hose carriages, or other property which shall not be required for the use of the department, and to execute and deliver sufficient conveyances for the same, paying the proceeds of such sale into the City Treasury. Sixth-To regulate the storage of gunpowder and other explosive or combustible materials. Seventh-To prevent and remove nuisances; also, to determine what are nuisances. Eighth-To create and establish a city police and jailers, to prescribe their duties and compensation, and provide for the regulation and government of the same; but the pay of the regular policemen and jailers employed at any one time shall not exceed the sum of fifteen thousand dollars per annum. Ninth-To fix and collect a license tax on, and regulate all theaters and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license tax on and regulate all taverns, hotels and restaurants, saloons, barrooms, bankers, brokers, gold dust buyers, manufacturers, livery stables and stable keepers, express companies and persons engaged in the business of transmitting letters or packages, and stage companies or owners whose place or business is in said city, or who shall have an agency therein; to fix and collect a license tax on and regulate auctioneers and stockbrokers; to fix and collect a license tax on and regulate, prohibit, and suppress all tippling houses, dram shops, raffles, hawkers, peddlers, and pawnbrokers, refreshment or coffee stands, booths, and sheds; to fix and collect a license tax on and regulate all gaming, games of chance, banking games, and gambling houses; also to fix and collect a license tax upon all professions, trades, or business not heretofore specified, having regard to the amount of business done by each person or firm thus licensed; to prohibit, suppress, or regulate disorderly houses and houses of ill-fame, and to confine the same within the following described limits: commencing at a point fifty feet north of the north line of Union street, and thence running west, from the west side of D street, fifty feet; thence running to the south line of Mill street; thence running east, along said south line of Mill street, to E street; thence running south to a point fifty feet north of Union street; thence running west to the place of beginning. The City Tax Collector shall demand from each person and firm, and from the President, Secretary, Cashier, Treasurer, Superintendent, or Managing Agent of each corporation, association, or company liable to procure a license under this subdivision, during the first ten days of the last month of each quarter thereafter, a sworn statement in writing of the amount of business done during the prior two months; and, for the purpose of ascertaining the rate of license, the monthly average for the prior two months, and thereafter, for the preceding first two months of each quarter, shall constitute the monthly average for the whole quarter. If any person or firm, or the President, Secretary, |
κ1877 Statutes of Nevada, Page 153 (CHAPTER 91)κ
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Secretary, Cashier, Treasurer, Superintendent, or Managing Agent of any corporation, association, or company within the corporate limits of the City of Virginia, shall neglect or refuse, on demand of the City Tax Collector, to give, under oath or affirmation, the statement required by this section, within five days after such demand, or shall give a false name, or shall refuse to give his or her name, or shall refuse to verify such statement, he or she shall be guilty of a misdemeanor, and shall be arrested upon the complaint of the City Tax Collector, and upon conviction thereof he or she shall be punished by a fine in any sum not less than fifty nor exceeding three hundred dollars, or by imprisonment in the city jail for a term not exceeding one hundred and fifty days, or by both such fine and imprisonment, at the discretion of the Court. Tenth-To provide for all necessary public buildings for the use of the city. Eleventh-To establish a Board of Health to prevent the introduction and spread of disease. Twelfth-To prevent and restrain any riot, or riotous assembly, or disorderly conduct within said city. Thirteenth-To fix and prescribe the punishment for the breach of any city ordinance; but no fine shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed for more than six months. Fourteenth-To compel the attendance of absent members; to punish members for their disorderly conduct, and to expel members, for cause, by a vote of three fourths of its members elected; and, also, to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Fifteenth-To make all necessary contracts and agreements for the benefit of the city; but no contract shall be made, nor any debt contracted, nor liability incurred, unless there is, at the time, actual cash in the Treasury to meet such liabilities; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties, and forfeitures for the breach of any city ordinance. Sixteenth-The Mayor and City Clerk are hereby authorized and empowered to administer oaths. Sec. 18. It shall be the duty of the Board of Aldermen to provide for the accountability of all officers and other persons elected or appointed under this charter, to whom the receipts or expenditures of any of the funds of the city shall be intrusted, by requiring of them sufficient security for the faithful performance of their respective duties. Those persons or officers from whom security shall be required, shall, before entering upon the discharge of their duties, file with the Board of Aldermen an official bond, with two or more sufficient sureties, to be approved by the Board; such bonds shall be payable to the Mayor and Board of Aldermen of the City of Virginia; shall, in form, be joint and several, and shall be conditioned for the faithful performance of the duties of the office. |
Misdemeanor to refuse or neglect.
Public buildings. Board of Health.
Riots.
Fines and imprisonment.
To make contracts.
Oaths.
To require bonds. |
κ1877 Statutes of Nevada, Page 154 (CHAPTER 91)κ
|
May require additional bonds.
Receipts and disbursements to be published.
Property may be sold for taxes.
Special assessments may be made.
Mayor to approve or veto ordinances. |
In case any of such bonds, at any time, shall be deemed insufficient, additional security may be required, and if the officer, or any person required to give such additional bonds, shall neglect or refuse so to do, for the space of one week after notice of such requirement, the Board of Aldermen shall declare his office vacant. Sec. 19. It shall be the duty of the Board of Aldermen to publish, in one or more newspapers published in said city, monthly, a full and detailed statement of the receipts and disbursements of the city during the year ending on the last day of each month preceding that in which the publication is made, and shall set forth in every such statement the different sources of the city revenues, and the amount received from each, the various appropriations made by the Board of Aldermen, the objects for which the same were made, and the amount expanded under each. Sec. 20. Real and personal property may be sold by the City Tax Collector for taxes or assessment due said city. The manner of assessing and collecting taxes shall be prescribed by ordinance, and all the proceedings for the sale of property in case of nonpayment of the same, shall be as prescribed by law in other cases. No property, whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but all such sales shall be absolute; and whenever, either by law or by ordinance of the Board of Aldermen, notice shall be required to be published, stating that such taxes are due and payable, such published notice shall set forth at length the preceding provisions of this section of this Act. All real property sold for city assessments levied for the purpose specified in the next succeeding section of this Act, shall be subject to redemption in the same manner and upon the same terms as provided by law for the redemption of real estate sold on execution in civil cases. Sec. 21. Special assessments may be made by ordinance for opening, grading, paving, draining, or planking any of the streets, alleys, or sidewalks of said city, upon the lots, or parts of lots, situated upon the line of the proposed improvements; and the Board of Aldermen shall have the authority to provide by ordinance the time and manner of assessing and collecting the same. Sec. 22. Every ordinance which shall have been passed by the Board of Aldermen, shall, before it becomes effectual, be presented to the Mayor for his approval; if he approve, he shall sign it, if not, he shall return it, with his objection[s] in writing, to the Board of Alderman, who shall cause such objection[s] to be entered at large upon the journal, and shall proceed at once to consider the same, or appoint a time when they shall be considered. If, after such consideration, all the members elected shall vote in favor of the ordinance, the same shall thenceforth be in full force an[d] effect, notwithstanding the objections of the Mayor. If any ordinance shall not be returned by the Mayor within five days (Sunday excepted) after it shall have been presented to him, the same shall then become of force and effect the same as if the Mayor had signed it. |
κ1877 Statutes of Nevada, Page 155 (CHAPTER 91)κ
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Sec. 23. Printed copies of the ordinance and resolutions of the Board of Aldermen of the City of Virginia, published by authority of the Board and certified by the City Clerk, under the corporate seal of the city, are competent evidence of the existence and contents of such ordinances and resolutions published (and it shall be sufficient prima facie proof thereof that such ordinances and resolves purport to have been so published). Sec. 24. It shall be the duty of the Mayor to communicate to the Board of Aldermen monthly, and oftener if he shall deem it expedient, a general statement of the situation and condition of the city in relation to its government, finances, and improvements, to recommend to the Board the adoption of all such measures connected with the health, cleanliness, and ornament of the city, and the improvement of its government and finances, as he shall deem expedient; to be vigilant and active in causing the laws and ordinances for the government of the city to be duly executed and enforced; to exercise a constant supervision and control over the conduct and acts of all subordinate officers; to receive and exame [examine] all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Board of Aldermen. Sec. 25. It shall be the duty of every Alderman of said city to attend the regular and special meetings of the Board; to act upon committees when appointed thereto by the Mayor, to report to the Board all city officers whom they know to be guilty of misconduct in office or neglect of duty, and to aid to the extent of their ability in maintaining the peace and good order of the city, and enforcing the by-laws and ordinances of the Board. Sec. 26. It shall be the duty of the City Treasurer to receive all moneys belonging to the city, and disburse the same on proper warrants or vouchers. He shall keep an accurate and full account of all receipts and expenditures, and the amount of cash on hand, and in what fund, in such manner as the Board of Alderman shall direct, and he shall on the first Monday of each month present to the Board a full and detailed account of such receipts and expenditures for the preceing [preceding] months, and the amount of cash on hand, and in what fund, at the time of presentation of said account. All warrants drawn on the Treasury shall have specified therein the service or indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurers books; but no warrant shall be drawn unless there is money in the City Treasury to pay the same at the time such warrant may be drawn. The Treasurer shall apportion all moneys which may come into his hands, and shall do and perform such other acts as shall be prescribed by ordinance. Sec. 27. It shall be the duty of the Chief of Police, or any regular policeman, to execute and return all process issued by the Justice[s] of the Peace in the City of Virginia in cases of violation of any of the city ordinances, or directed to him or any of them by any legal authority; and it shall be his and their duty to attend upon the Justice Courts of said City of Virginia whenever there is any business before the said Justice Courts in which the Mayor and Board of Aldermen of the City of Virginia is a party thereto. |
Printed ordinances competent testimony
Mayor shall make monthly statement etc.
Members to attend meetings.
Duties of Treasurer
Duties of Chief of Police. |
κ1877 Statutes of Nevada, Page 156 (CHAPTER 91)κ
|
Police Commissioners.
Assessor, his duties
Tax Collector, his duties.
Duties of Clerk.
Duties of Attorney.
Certain ordinances to be published. |
whenever there is any business before the said Justice Courts in which the Mayor and Board of Aldermen of the City of Virginia is a party thereto. He or any of the regular police officers shall arrest all persons guilty of a breach of [the] peace, or other offenses committed in his or their presence, and all persons guilty of a breach of any city ordinance, and take them before one of the Justices of the Peace for trial or examination. The Chief of Police shall perform all such police and other duties as the Board of Aldermen shall by ordinance direct. Sec. 28. The Mayor, Chief of Police, and President of the Board shall constitute a Board of Police Commissioners, who shall have power to appoint, suspend, and remove all policemen and jail keepers, and to regulate, control, and make all rules for the government of the police department. Sec. 29. It shall be the duty of the Assessor to make out and return to the Board of Aldermen, a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list and returning the same shall be prescribed by ordinance. Sec. 30. It shall be the duty of the Tax Collector to receive and collect all taxes and licenses due the city, and all other moneys or revenue due the city, and all other moneys or revenue due or to become due, and on Monday of each week to pay the same over to the City Treasurer, under oath. Sec. 31. It shall be the duty of the City Clerk to keep the corporate seal, papers, and documents belonging to the city; to file the same in his office under appropriate heads; to attend the sittings of the Board of Aldermen, and keep a journal of their proceedings, and a record of all the by-laws and ordinances; to countersign all warrants and licenses issued in pursuance of the orders and ordinances of the Board; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads, of all warrants and orders drawn on the City Treasury; also, to keep an accurate account, in an appropriate book, of all licenses issued, the date of the issue, and the amount, and to do and perform such other duties as may be required or directed by the Board of Aldermen, by resolution or ordinance. Sec. 32. It shall be the duty of the City Attorney to attend to all suits, matters, and things in which the city may be interested, in which his services may be required; to give his advice verbally or in writing, when requested by the Board of Aldermen, and to do and perform all such things touching his office as the Board may require of him; and to attend all prosecutions in the Justice Court, when requested so to do by the Mayor, in cases where the Mayor and Board of Aldermen of the City of Virginia and [are] parties thereto. Sec. 33. Any resolution or ordinance providing for the appropriation for any object or purpose of the sum of five hundred dollars or more, shall lay over and be printed in some newspaper in the City of Virginia for one week before final action shall be taken thereon, and any appropriation made shall be absolutely null and void, unless the provisions of this section shall be strictly complied with in all respects. |
κ1877 Statutes of Nevada, Page 157 (CHAPTER 91)κ
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Sec. 34. The style of the city ordinance shall be: The Board of Aldermen of the City of Virginia do ordain. All ordinances shall be published in one or more newspapers published in said city, within one week after their passage, for the period of ten days. Sec. 35. If in any event a member of the Board of Aldermen or any city officer shall remove from the city, or absent himself therefrom from [for] more than thirty days, without special leave of the Board of Aldermen, or neglect within one week after receiving notice of his election or appointment to file his official bond, as required by ordinance, then his office shall be declared vacant by the Board. It shall be the duty of the city officers holding city property in their possession, such as books, records, papers of any description, and any other species of property belonging to the city, at the expiration of their term of office to surrender such property to their successors in office; and for any neglect to comply with the provisions of this section they shall each forfeit the sum of five thousand dollars, to be recovered, with the costs of suit, in any Court of competent jurisdiction, for the use of the city, and also be imprisoned in the city jail until such time as the property shall be delivered to their successors in office. Sec. 36. The salaries or compensation of the following officers shall be as prescribed in this section: The Mayor shall receive for his services the sum of seventy-five dollars per month; the members of the Board of Aldermen, fifty dollars per month each; the Chief of Police, one hundred and fifty dollars per month; City Tax Collector, seventy-five dollars per month, and one dollar for each license collected; City Attorney, one hundred dollars per month, and such fees as are or may be provided by law; City Assessor, one hundred dollars per month; the City Clerks salary shall not exceed in amount the sum of eighteen hundred dollars a year; the regular policemen and jailers, not to exceed in amount the sum of one hundred and twenty-five dollars per month each, and no other compensation or fees shall be allowed to or received by any of said officers; the City Treasurer shall receive no compensation whatever for his services. Sec. 37. If any city officer mentioned in this Act shall become interested, directly or indirectly, in any contract to which the City of Virginia may directly or indirectly be a party, he shall be deemed guilty of a misdemeanor, and on conviction thereof, before any Court of competent jurisdiction, be punished by a fine in any sum not to exceed one thousand dollars, or by imprisonment in the city jail for any term not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court; and such officer shall be liable on his official bond for the payment of such fine, and all such contracts shall be absolutely null and void, to all intents and purposes whatsoever. Sec. 38. The city printing shall in all cases be awarded to the lowest bidder. Sec. 39. The Justices of the Peace within the City of Virginia shall have jurisdiction of all violations of city ordinances, and may hold to bail, fine, or commit to prison any offender, in accordance with the provisions of such ordinances. |
Style of ordinance etc.
Vacancy.
Salaries.
Officers not to be interested in contracts. Penalty.
Printing. Justices to have jurisdiction. |
κ1877 Statutes of Nevada, Page 158 (CHAPTER 91)κ
|
Fines to be paid to Treasurer
Tax Collector to report licenses.
Attorney to prosecute.
Act repealed.
Act to take effect
Proviso.
Corporation to have all rights, etc |
and may hold to bail, fine, or commit to prison any offender, in accordance with the provisions of such ordinances. Sec. 40. All fines, forfeitures, and penalties coming into the hands or either of the Justices of the Peace in said city, in cases arising under any city ordinance, shall be by him paid into the City Treasury, under oath, on the first Monday of each month; provided, that the costs and fees allowed by law to such Justices and other officers shall be deducted from said fines, forfeitures, and penalties, before making such payment. Sec. 41. The City Tax Collector shall, at the meeting of the Board of Aldermen next succeeding each quarter year, report under oath to said Board, the number, character, and class of each city license, and the aggregate value thereof, issued to him for the preceding quarter year, the number, character, class, and value of the city licenses sold by him and returned by him. The City Tax Collector shall return, with his said report, all licenses unsold by him; and it is hereby made the duty of the Mayor, the standing Committee on the City Department of said Board, and the City Clerk, to examine and adjust said City Tax Collectors license tax account for each quarter, and to destroy by fire all licenses returned unsold, as aforesaid. Sec. 42. All prosecutions for the violation of any city ordinance shall be conducted by the City Attorney of said city. Sec. 43. An Act to incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto (approved March fourth, eighteen hundred and sixty-five), and all other Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed. Sec. 44. This Act shall take effect and be in force from and after its passage, but shall not effect [affect] the tenure of any of the present officers, except the Chief and Assistant Engineer of the fire department, until after the election to be held on the first Monday in May, in the year of our Lord one thousand eight hundred and seventy-seven, as provided in section seven of this Act; but the present officers shall hold their respective offices until said election, and until their successors are elected and qualified; provided, that all of said officers shall in all respects act under and be governed by the restrictions and provisions of this Act; and all ordinances of the City of Virginia now in force not repugnant to the provisions of this Act, shall remain in force until altered or repealed by the Board of Aldermen of said City of Virginia. Sec. 45. The corporation created by this Act shall be invested with all the rights of property and subject to all the liabilities of the corporation organized under the Act approved March fourth, eighteen hundred and sixty-five, which is hereby repealed. |
________
κ1877 Statutes of Nevada, Page 159κ
|
Chap. XCII.An Act to create a Current Expense Fund for Nye County.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing means for the payment of certain expenses in the County of Nye, a special fund is hereby created, to be known as the Current Expense Fund of said county. Sec. 2. At the time of levying the tax for general State and county purposes, as not provided by law, the Board of County Commissioners of said Nye County may, and they are hereby authorized and empowered to levy a special tax, not to exceed twenty cents on each one hundred dollars valuation of all the taxable property in said county, including the tax on the proceeds of the mines, to be known as the Current Expense Fund tax. The proceeds of said special tax shall go into and form the Current Expense Fund of said Nye County. Sec. 3. Allowances shall be made by the Board of County Commissioners against said Current Expense Fund, for the following purposes and none other: stationery, printing, fuel and lights, board, clothing, bedding, medical attendance, and medicines for prisoners confined in the county jail, and the fees of the jailer; provided, that neither the fees nor salaries of county or other officers shall be allowed against, or paid out of said fund, except the fees of the jailer herein specified. Sec. 4. Whenever there shall be any surplus of moneys in the Current Expense Fund over and above all demands against the same, the Board of County Commissioners of said county may, and they hereby are authorized and empowered to transfer such surplus, or any portion thereof, to the several other funds, or either of them, of said county, in the manner and proportion best calculated, in the judgment of said Commissioners, to subserve and protect the credit of Nye County. In the distribution of moneys, as herein provided, preference shall be given in all cases to the fund standing in the greatest need of assistance, with the view of keeping the scrip, certificates, or other evidences of indebtedness against the several funds of said county as nearly equal, in point of intrinsic or marketable value, as may be practicable. Sec. 5. Nothing in this Act shall be so construed as to include any debts contracted prior to the passage of this Act. Sec. 6. This Act shall take effect and be in force from and after its approval.
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This bill having remained with the Governor five days (Sunday excepted) and the Senate and Assembly being in session, it has therefore become a law without the signature of his Excellency, the Governor, March second, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
Special Fund created.
Special tax authorized.
Uses of Fund.
Proviso.
Surplus, how disposed of.
Limitation.
Act to take effect |
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κ1877 Statutes of Nevada, Page 160κ
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Certain persons not to testify.
If husband or wife is insane, other may testify. |
Chap. XCIII.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the Courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and seventy-nine of said Act is amended so as to read as follows: Section Three Hundred and Seventy-nine. No person shall be allowed to testify under the provisions of section three hundred and seventy-seven where the other party to the transaction, or opposite party in action, or the party for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person, and nothing contained in said section shall affect the laws in relation to attestation of any instrument required to be attested; provided, that when either husband or wife is insane, and has been so declared by a commission of lunacy, or in due form of law, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity; but the privilege of so testifying shall cease on the restoration to soundness of the insane husband or wife. |
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Commissioners to allow claim.
Auditor to audit claims. |
Chap. XCIV.An Act to authorize the County Commissioners of Eureka County to pay the claims of F. O. Gorman and William H. Long.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Eureka County are hereby authorized and empowered to allow and order paid to F. O. Gorman and William H. Long, the sum of one thousand one hundred and twelve dollars and twenty-three cents, for services rendered the Town of Eureka as special policemen. Each of the above named claimants to be allowed and ordered paid such proportion of the said sum of one thousand one hundred and twelve dollars and twenty-three cents as the Commissioners of said county may determine to be just and equitable between the parties. Sec. 2. The Auditor of said county is hereby authorized and directed to audit said claims when so allowed by said County Commissioners, and the Treasurer of the aforesaid county is hereby authorized and directed to pay the same out of the Police Fund of said County of Eureka. |
κ1877 Statutes of Nevada, Page 161 (CHAPTER 94)κ
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county is hereby authorized and directed to pay the same out of the Police Fund of said County of Eureka. Sec. 3. The amount set forth in section one of this Act shall be full compensation for all services rendered by the aforesaid F. O. Gorman and William H. Long, as designated in section one of this Act; provided, that nothing in this Act shall be so construed as to make it obligatory upon said Board of Commissioners to allow any or all of said claims, or either of them, but it shall be in the discretion of said Board to reject either or any part of said claims or the whole thereof. |
This Act not obligatory upon Commissioners. |
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Chap. XCV.An Act to abolish the office of State Printer, and provide for the public printing.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of State Printer, as created by the Act of the Legislature of this State, approved January tenth, eighteen hundred and sixty-five, and recognized in subsequent Acts amendatory of an supplementary thereto, is hereby abolished. Sec. 2. It shall be the duty of the Board of State Printing Commissioners, as hereinafter provided, on the first Monday of October, eighteen hundred and seventy-eight, and every two years thereafter, to advertise for bids for performing the book and pamphlet printing, binding, and press-work required to be done for this State; such advertising to be done in at least two San Francisco daily papers, one daily paper published in Carson City, and one daily paper published in Virginia City, in this State; and such advertising shall be continued during the period of one month; and the printing, binding, and press-work, for whose performance bids are required to be published in San Francisco, is the printing, binding, and press-work required in reproducing the statutes and the journals of the two Houses of the Legislature in book form; but advertising for such bids shall also be done in the papers in this State, as aforesaid. Sec. 3. The printing, binding, and press-work which may be done at the expense of this State, other than that authorized by legislative action, shall be as follows: The statutes passed by all future Legislatures, the Journals of the Senate and Assembly, all forms and blanks required in and for the various State offices, and all such orders, proclamations, and advertisements as may be required from time to time to facilitate, support, or give legitimate expression to the Government of the State, and the successful working and needful exhibit of its various departments and offices. Sec. 4. The Board of State Printing Commissioners aforesaid shall enter into a contract or contracts with any printer or printers, |
Office abolished.
Commissioners to advertise.
Certain printing authorized. |
κ1877 Statutes of Nevada, Page 162 (CHAPTER 95)κ
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Commissioners to enter into contract.
Legislative printing to be awarded by contract.
Resident printers to have preference.
Paper and stationery to be advertised for.
Number of bills to be printed
Journals, how printed.
Statutes, how printed.
State officers not to be interested in contracts. |
said shall enter into a contract or contracts with any printer or printers, either in this State or California, to do and perform all or a part of such printing, binding, and press-work as may be requisite to perfect the State printing, as aforesaid; and such contracts shall be made and ratified at least one month before the commencement of the regular sessions of the Legislature. Sec. 5. The Board of State Printing Commissioners, as aforesaid, shall enter into a contract with a printer or printers (after first advertising for bids for such work) for performing, at the Capital, during the sessions of the Legislature, of all such bill printing, blanks, roll-calls, headings, indorsements, and other needful work, as may be ordered or authorized by the Legislature. Sec. 6. In all cases where the bids for printing, binding, press-work, etc., shall be equal, or equivalent to equal, as between printers who are bona fide residents of this State, and printers whose places of business are in another State, the Board of State Printing Commissioners as aforesaid shall award the work so bid upon to printers residing in this State. Sec. 7. It shall be the duty of the Board of State Printing Commissioners as aforesaid, at the same time and in the same manner that they advertise for bids for printing, binding, etc., also to advertise for bids for furnishing paper and stationery to be used in the printing of blanks, letter-heads, bills, proclamations, etc., to be done at the Capital; and they shall enter into a contract or contracts with a stationer or stationers, to furnish such paper and stationery as may be required from time to time to carry on the said printing. Sec. 8. When any bill introduced into either House of the Legislature is ordered printed, that is to say, when the usual number is so ordered, the number so ordered shall be considered to be two hundred and twenty-five copies of such bill. Sec. 9. The Journals of the two Houses of the Legislature shall be printed, and there shall be two hundred and twenty-five copies thereof bound in book form, with plain paper covers, with cloth backs and without leather corners; and each member of the Legislature, of which such Journals are the record, shall be entitled to one copy of the same, that is to say, each Senator shall have a copy of the Senate and Assembly Journal, and each Assemblyman shall have a copy of the Senate and Assembly Journal; and the Journal of each House shall be bound separately. Sec. 10. There shall be printed of the statutes of each Legislature, one thousand copies; and each copy shall be bound in calf, and the volume so bound shall contain the laws, resolutions, and memorials passed at such legislative session, the report of the State Treasurer, and such other matters as may at such session be enacted; but not any other matter, Act, report, or thing, shall be bound therewith. Sec. 11. No State officer shall be interested in any contract for printing, binding, the purchase of paper, or any other thing connected with or having reference to the public printing. Sec. 12. A Board of State Printing Commissioners is hereby created, to consist of the Secretary of State, State Controller, and State Treasurer; and they shall select and employ an expert, |
κ1877 Statutes of Nevada, Page 163 (CHAPTER 95)κ
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expert, who shall be a practical printer, and who shall receive ten dollars per day for all days in which he performs actual service; provided, he shall not receive in any year to exceed the sum of six hundred dollars; and it shall be the duty of the expert to measure and compute the amount or amounts due for any and all printing and other work done under this Act; and the said Board shall sit from time to time at the Capitol, as their services are needed, to examine the work to be executed under this Act, for the purpose of ascertaining if the same be executed in compliance with the terms under which it shall have been contracted for. Sec. 13. Whenever any message, report, or other document in pamphlet form is ordered printed by the Legislature, two hundred and twenty-five copies of the same, supplemental to the number so ordered, shall be struck off by the printer employed to do the printing for the State, and he shall retain the same for binding with the Journals of the Senate or Assembly. Sec. 14. The Secretary of State shall furnish to the Board of Printing Commissioners, for transmission to the printer, within thirty days after the adjournment of the Legislature, a copy of all Acts, joint and concurrent resolutions and memorials, with marginal notes to the same, passed at such session; and the printer shall, within sixty days after such copy shall be furnished to him as aforesaid, print the number of copies as herein provided, and furnish proof sheets thereof to the Secretary of State, who, within, fifteen days thereafter, shall make out and deliver to the printer an index to the same, who shall, within sixty days thereafter, print the said index and bind in connection with the laws, in such manner as is hereinafter provided. Sec. 15. No payment for printing, binding, or press-work shall be allowed until the work so done is first examined by the said Board of Printing Commissioners, or a majority thereof. Sec. 16. The printing to be performed under this Act shall be as follows, to wit: The laws, journals, messages, and other documents in book form shall be printed solid, in long primer type, on good white paper; each page, except the laws, shall be thirty-three ems wide and fifty-eight ems long, including title, blank line under it, and foot line; the laws to be of the same length as the journals, and twenty-nine ems wide, exclusive of marginal notes, which notes shall be printed in nonpareil type, and be seven ems wide. Figure work and rule and figure work, in messages, reports, and other documents in book form, shall be on pages corresponding in size with the journals, providing it can be brought in by using type not smaller than minion; and whenever such work cannot be brought into pages of the proper size by using type not smaller than minion, it shall be executed in a form to fold and bind with the volume it is intended to accompany. Bills and other work of a similar character shall be printed with long primer type, on white, plain, cap paper, commencing the heading one fourth of the length of the sheet from its top, and when said printing does not occupy more than two pages of such sheet, |
Printing Board, how created, duties, etc
Extra copies to be printed
Secretary of State to furnish copy, etc.
Work to be examined.
Style of printing. |
κ1877 Statutes of Nevada, Page 164 (CHAPTER 95)κ
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Act to take effect |
such sheet, or less, the same shall be printed upon half sheets, and be forty-six ems wide and seventy-three ems long, including running head, blank line under it, and foot line, and between each printed line there shall be a white line corresponding with two lines of the body of the type, and each printed line shall be numbered. Blanks shall be printed in such form, and on such paper, and with such sized type as the officers ordering them may direct. The laws shall be printed without chapter headings, and with no blank lines, with the exception of one head line, one foot line, two lines between the last section of an Act and the title of the next Act; provided, that when there shall not be space enough between the last section of an Act to print the title and enacting clause and one line of the following Act upon the same page, such title may be printed on the following page. The journals shall be printed with no blank lines, with the exception of one head line, one foot line, and ten lines between the journal of one day and that of the following day. In printing the yeas and nays the word yeas shall be run in with the names, and the word nays shall be run in with the names. Sec. 17. This Act shall take effect on the first Monday in January A. D. eighteen hundred and seventy-nine; and all Acts and parts of Acts in conflict herewith are hereby repealed; provided, that the portion of this Act which creates the Board of State Printing Commissioners, and so much of the same as provides for the employment of an expert in printing, and for the measurement of the State printing, shall be in force from and after the approval of this Act. |
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Territory in each judicial district. |
Chap. XCVI.An Act to redistrict the State of Nevada.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Monday in January, A. D. one thousand eight hundred and seventy-nine, the State shall be divided into Judicial Districts as follows: The County of Storey shall constitute the First Judicial District. The Counties of Washoe, Ormsby, and Douglas shall constitute the Second Judicial District. The Counties of Lyon and Esmeralda, the Third Judicial District. The County of Humboldt, the Fourth Judicial District. The Counties of Lander, Nye, and Churchill, the Fifth Judicial District. The Counties of Eureka, White Pine, and Lincoln, the Sixth Judicial District; and |
κ1877 Statutes of Nevada, Page 165 (CHAPTER 96)κ
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The County of Elko, the Seventh Judicial District. For each of which Districts a District Judge shall be elected by the qualified electors thereof, at the general election in the year one thousand eight hundred and seventy-eight, and every four years thereafter. Sec. 2. The terms of Court shall commence in said districts as follows: In the First District, on the first Monday in January, March, June, and October. In the Second District, in the County of Washoe, on the first Monday in January, April, and September. In the County of Ormsby, on the first Monday of March, June, and November. In the County of Douglas, on the first Monday of May and December. In the Third District, in the County of Lyon, on the first Monday in February, July, and December. In the County of Esmeralda, on the first Monday in May and October. In the Fourth District, on the second Monday in February, June, and October. In the Fifth District, in the County [of] Lander, on the first Monday in January, June, and October. In the County of Nye, on the first Monday in March, August, and November. In the County of Churchill, on the first Monday in May and December. In the Sixth District, in the County of Eureka, on the first Monday in February, June, and September. In the County of White Pine, on the first Monday in April and November. In the County of Lincoln, on the first Monday in January and August. In the Seventh District, on the third Monday in February, June, and October. Sec. 3. The annual salaries of the Judges of the several districts shall be as follows: Of the First District, seven thousand dollars. Of the Second District, five thousand dollars, of which sum Washoe County shall pay twenty-one hundred dollars, and the County of Ormsby shall pay twenty-one hundred dollars, and the County of Douglas shall pay eighteen [eight] hundred [dollars]. Of the Third District, five thousand dollars, of which sum the County of Lyon shall pay three thousand dollars and the County of Esmeralda shall pay two thousand dollars. Of the Fourth Judicial District, three thousand dollars. Of the Fifth Judicial District, five thousand five hundred dollars, of which sum the County of Lander shall pay twenty-four hundred dollars, the County of Nye shall pay twenty-one hundred dollars, and the County of Churchill shall pay ten hundred dollars. Of the Sixth Judicial District, seven thousand three hundred dollars, of which sum the County of Eureka shall pay thirty-five hundred dollars, the County of White Pine shall pay twenty hundred dollars, and the County of Lincoln shall pay eighteen hundred dollars. Of the Seventh Judicial District, four thousand dollars. |
When the terms of Court commence in each district.
Salaries of the several Judges. |
κ1877 Statutes of Nevada, Page 166 (CHAPTER 96)κ
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Act to take effect |
Sec. 4. This Act shall take effect on the first Monday in January, eighteen hundred and seventy-nine. |
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Board of Library Directors, how constituted, and their duties.
Acts repealed. |
Chap. XCVII.An Act to amend an Act entitled An Act in relation to the State Library, approved February fourteenth, eighteen hundred and sixty-five.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is amended so as to read as follows: Section Nine. The Judges of the Supreme Court shall constitute a Board of Directors for the State Library. They shall have power to appoint a clerk for State Library, to hold office at their will and pleasure, at a salary not to exceed one hundred and fifty dollars per month; to draw from the Treasury at any time all moneys which may be therein belonging to the State Library Fund, and to expend the same in the purchase of suitable furniture, books, maps, and charts, and binding of laws, journals, reports, pamphlets, and other documents which may be in a condition requiring such binding, for the State Library aforesaid. In the purchase of books regard shall be had for the procurement, first, of such works on law and reports of judicial decisions as they shall think best suited to the wants of the Supreme Court. Sec. 2. All Acts or parts of Acts, in conflict with the provisions of this Act, are hereby repealed. |
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Chap. XCVIII.An Act to amend an Act entitled 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 twenty-eighth, eighteen hundred and seventy-one.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the Act of which this is amendatory, is amended so as to read as follows: Section One. Section four of said Act entitled An Act for the purpose of placing the finances of Lyon County upon a permanent cash basis, |
κ1877 Statutes of Nevada, Page 167 (CHAPTER 98)κ
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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 said county, approved February fourth, one thousand eight hundred and sixty-nine, is 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 proposals 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 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; provided, that when there shall be in said Redemption Fund a sufficient amount of money to redeem all the outstanding indebtedness provided for in this Act, and any portion of said indebtedness shall remain unpaid by reason of the failure of the owner or owners, holder or holders, of said indebtedness, to present the same for payment, as required by the provisions of said Act, the County Commissioners may transfer said sum of money so remaining in said Redemption Fund to the General Fund of said Lyon County; and should said indebtedness, or any portion of the same, be presented for redemption within four years after the passage of this Act, the same shall be allowed and paid out of the General Fund of said county, in the same manner and same order as demands against the General Fund of said county are allowed and paid; but should such indebtedness be not presented within four years from and after the passage of this Act, then said indebtedness shall not be allowed by the County Commissioners of said county, but shall forever be barred from payment. |
Commissioners to meet and accept lowest bids.
Proviso.
Proviso.
Treasurer to give notice.
Certain money may be transferred.
Indebtedness to be barred after four years. |
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κ1877 Statutes of Nevada, Page 168κ
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How wills may be proved and letters granted. |
Chap. XCIX.An Act to amend An Act to regulate the settlement of the estates of deceased persons, approved November twenty-ninth, eighteen hundred and sixty-one.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. Wills may be proved, and letters testamentary, or of administration, may be granted: First-In the county of which the deceased was a resident at or immediately previous to his death, in whatever place his death may have happened. Second-In the county in which he may have died, leaving estate therein, and not being a resident of the State. Third-In the county in which any part of his estate may be, he having died out of the State, and not being a resident thereof at the time of his death. Fourth-In the county in which any part of his estate may be, he having died in any other county of the State. Fifth-In the county in which any part of his estate may be, he not being a resident of the State, and not leaving estate in the county in which he died. Sixth-In all other cases, in the county where application shall first be made. |
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Allowance to be made for copying reports, and how paid.
Act to take effect |
Chap. C.An Act to amend an Act entitled An Act requiring State officers to prepare and transmit to the Legislature duplicates of all reports intended for publication, approved February seventeenth, eighteen hundred and seventy-one.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of the above entitled Act is hereby amended so as to read as follows: Section Two. Each State officer shall be allowed eight 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 resolutions upon the certificate of the officer having the duplicate report prepared. Sec. 2. This Act shall take effect and be in force from and after its passage. |
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κ1877 Statutes of Nevada, Page 169κ
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Chap. CI.An Act to extend the provisions of an Act entitled An Act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate Lodges in this State, approved March third, eighteen hundred and sixty-five.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The provisions of the above entitled Act are hereby extended to the Grand Chapter or Royal Arch Masons, the Grand Encampment of the Independent Order of Odd Fellows, in the State of Nevada, and their subordinates, the Irish American Benevolent Society, and to the grand and subordinate bodies of all other benevolent societies in this State, by whatever name they may be called and known; and all the rights, powers, and privileges heretofore conferred and enjoyed under and by virtue of said Act, by the bodies therein named, shall be held and enjoyed by all the bodies named in this Act. |
Incorporation extended to certain societies. |
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Chap. CII.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, eighteen hundred and sixty-five, and of Acts amendatory thereof.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve is hereby amended so as to read as follows: Section Twelve. It shall be the duty of the Assessor to prepare a tax list, or assessment roll, indexed, or alphabetically arranged, in the book or books furnished by the Board of County Commissioners for that purpose, in which book or books shall be listed all the real estate, improvements on real estate, including improvements on public lands, and other personal property within the limits of the county, and in said book or books he shall set down in separate columns: First-The names of the taxable inhabitants, firms, incorporated companies or associations, in alphabetical order, if known; if unknown, the property shall be assessed to unknown owners. And if any person shall refuse to make a statement of his property, under oath, as required by this Act, that fact shall be noted under his name. |
Assessor to make tax list.
List of names. |
κ1877 Statutes of Nevada, Page 170 (CHAPTER 102)κ
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Real estate.
Improvements.
Personal property. |
Second-All real estate, including the ownership or claim to, or possession of, or right of possession to any land and improvements taxable to each inhabitant, firm, incorporated company, or association, described by metes and bounds, or by common designation or name; if situated within the limits of any city or incorporated town, described by lots or fractions of lots; if without said limits, giving the number of acres, as near as can be conveniently ascertained, and the location and township where situated; all improvements on public lands, describing, as nearly as possible, the location of said improvements; provided, that when two or more parties claim, by description, the same land, it shall be assessed to each party making such claim, or giving such description, according to the estimated value or the claims of each. Third-The cash value of real estate, including the possessory claim to lands and the improvements thereon. Fourth-The cash value of all improvements on real estate, including the possessory claims, where the same is assessed to a person other than the owner of said real estate. Fifth-The cash value of all personal property, except improvements on real estate or public lands taxable to each. Sixth-The total value of all property taxable to each. And no further description of personal property than that required by the foregoing provisions of this section shall be needed, or be requisite to render the assessment binding and effective. The form of the assessment roll shall be substantially as follows: |
κ1877 Statutes of Nevada, Page 171 (CHAPTER 102)κ
Sec. 2. Section fifty of said Act is hereby amended so as to read as follows: Section Fifty. To enforce the collection of poll taxes, as provided in this Act, the Assessor may seize so much of any and every species of personal property whatsoever, claimed by any person liable to and refusing or neglecting to pay his poll tax, or property in the possession of or due from any other person, and belonging to such person so refusing or neglecting to pay such poll tax, as will be sufficient to pay the same and costs of seizure, which costs shall not exceed three dollars, and shall sell the same at any time or place, giving verbal notice of one hour previous to such sale; and any person indebted to another, liable to pay a poll tax, but who has neglected or refused to pay the same, shall be liable to pay said tax for such other person after service upon him by the Assessor of a notice, in writing, stating the name or names of the person or persons so liable and owing a poll tax, |
Form of assessment roll.
Assessor may seize property to pay poll taxes. |
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κ1877 Statutes of Nevada, Page 172 (CHAPTER 102)κ
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Employers liable for poll taxes of their men.
Assessor to require list of names.
Assessment made at different times.
Proviso. |
so liable and owing a poll tax, and such debtor may, upon paying the same, deduct the amount thereof; and any person or persons, company or corporation, doing business within this State, and having by direct contract, or indirectly through other contractors, in their employ one or more persons liable to and owing a poll tax in this State, shall be liable for any and all poll taxes that may be due from such employes, and may deduct the amount from any sums due, or that afterwards may become due to such employes, whether such wages are payable directly to such employes or to other persons who furnish such employes under contract, with such person or persons, company or corporation; and the Assessors of the respective counties are authorized, and it is hereby made their duty, to seize so much of any and every kind of personal property whatsoever claimed by such person or persons, company or corporation, refusing or neglecting to pay the poll tax of all persons in their employ in this State, as will be sufficient to pay the same and costs of seizure, and shall sell the property thus seized at any time and place, by giving notice to the claimant of at least one day of the time and place of sale; provided, that the Assessor shall first require of the person or persons, or his or their agents, or, if a company or corporation, the President, Secretary, Superintendent, agent, manager, or whomsoever may be in charge of any works within this State, belonging to or under the control of such company or corporation, a statement, under oath, of the number or persons employed by them; and should any person thus required refuse or neglect to make such statement, as herein provided, it shall be the duty of the Assessor to make an estimate of the number of persons in the employ of such person or persons, company or corporation, as he may deem just and reasonable, and the assessment thus made shall be as valid as though made and verified to as herein specified; and, provided further, the County Commissioners may, in their discretion, require the Assessor to demand the statement and make the assessment, as provided in this section of this Act, at different times, and at any time between the first Monday in March and the first Monday of December in each year; and if any person or persons, company or corporation, should have any persons in their employ not previously assessed, they shall make and furnish to the Assessor a statement of the number of such unassessed persons in their employ, and shall thereupon be required to pay their poll tax, as provided for in this section of this Act; and, provided further, that it shall be lawful for the Assessor, if any person, or any company or corporation, through its proper officer, desire it, or if he fail to collect at the time of making the assessment of real and personal property, to enter upon the statement required by section six of this Act, in cases where real estate is assessed, the number and amount of poll taxes due from such person, company, or corporation, deliver receipts therefor, and mark upon the stub, Statement of (name). Such poll taxes shall be entered in a separate column upon the assessment roll, and collected with the other taxes assessed; and should such taxes become delinquent they shall be subject to the ten per centum penalty provided in section twenty-four of this Act, and shall be collected with the real and personal property taxes. |
κ1877 Statutes of Nevada, Page 173 (CHAPTER 102)κ
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with the real and personal property taxes. The Assessor and his sureties shall be liable for all taxes not collected by him nor entered upon the statements and assessment roll. Upon all poll taxes collected by the ex officio tax receiver the Assessor shall be allowed by the Board of County Commissioners ten per cent. commission, but no commission shall be allowed him after the taxes shall have become delinquent. Sec. 3. Section fifty-six of said Act is hereby amended so as to read as follows: Section Fifty-six. On the first Monday in December it shall be the duty of the County Auditor, and he is hereby required, to forthwith transmit to the Controller of State a certified statement of the number of poll taxes received by him from the County Treasurer, the number of such receipts issued by him to the Assessor, the number of such receipts returned to him by the Assessor, the amount of money paid over by the Assessor to the County Treasurer on poll tax collections, the amount collected by the tax receiver, and the amount delinquent, and the number of such receipts then transmitted to the Controller of State. Sec. 4. All other Acts and parts of Acts, so far as they conflict with this Act, are hereby repealed. |
Auditor to transmit to Controller statement of poll taxes.
Acts repealed. |
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Chap. CIII.An Act to prohibit the winning of money from persons who have no right to gamble it away.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person who has a wife, minor child, or minor children dependent in whole or in part upon his earnings for support, and to whom (with himself) all such earnings are necessary for their proper and comfortable maintenance, shall be deemed to have the right to squander any portion thereof in gambling. No person who is justly and legally indebted to another for board, clothing, goods, wares, merchandise, labor, medical attendance, or otherwise, and who is not lawfully seized of sufficient real or personal property liable to levy and sale under execution to satisfy such indebtedness, shall be deemed to have the right to squander his earnings or money in gambling so long as such lawful and just debt remains unpaid. Sec. 2. If any person having such dependent family or unpaid creditor as mentioned in section one of this Act, be in the habit or practice of squandering his money in gambling, it shall be the right of such family, or of such unpaid lawful creditor, or of any friend or friends of the same, to give, or cause to be given, written notice thereof to the proprietor, keeper, dealer in, or other person charge of, or usually in attendance and employed at any place or places where gambling is carried on or practiced, stating in such notice all the necessary facts pertaining to his case, and requesting that no person connected with or frequenting the place be allowed to win or take his money. |
Certain persons forbidden to gamble.
Family or creditor to give notice. |
κ1877 Statutes of Nevada, Page 174 (CHAPTER 103)κ
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Misdemeanor for gambler to take money from such person.
Penalty.
Proviso.
Nature of proof of identity.
Licenses to be subject to this Act. Fines.
List of gambling places to be kept.
Acts repealed. |
or practiced, stating in such notice all the necessary facts pertaining to his case, and requesting that no person connected with or frequenting the place be allowed to win or take his money. Sec. 3. Every person who shall win or take from, or who shall assist or be interested, either as dealer, player, proprietor, principal, agent, or otherwise, in winning or taking from such head of a dependent family, or such poor debtor as is described in section one of this Act, any money, promissory note, due bill, or other evidence of indebtedness, or other valuable thing, at any gambling game, betting game, or game of chance or skill, shall be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not less than three months nor more than six months, or by both such fine and imprisonment, in the discretion of the Court; provided, that no conviction shall be had for a violation of the provisions of this Act unless it be shown upon the trial that the defendant, or some one connected with the game or gambling place where such winning was made, as proprietor, dealer, player, keeper, or some other person usually in attendance and employed or interested therein, had, previous to such winning, been notified or informed, in writing, that the individual (his identity being known or made known) from whom the money or other valuable thing had been won or taken, was either the head of a dependent family or poor debtor in the condition described in section one of this Act; and, if such poor debtor, that said notice or information contained also a statement of the name of at least one of the parties to whom he was indebted, with the amount, or about the amount, due the same; and, in such last mentioned case, it shall also be shown upon the trial that at the time of winning complained of, such indebtedness, or some portion thereof, remain unpaid. No other proof of notice to or knowledge by the defendant shall be required than that stated in this proviso. Sec. 4. All licenses for gaming or gambling hereafter granted shall be deemed to be subject to the provisions of this Act. Sec. 5. All fines collected under this Act shall be paid into and belong to the County Poor Fund. Sec. 6. It shall be the duty of all county, town, or municipal officers, who grant or collect licenses for gaming or gambling, to keep in their respective offices a list of all places where gaming or gambling is licensed to be carried on, which list shall at all reasonable hours be open to the inspection of any sober person not under twenty-one years of age. Sec. 7. All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. |
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κ1877 Statutes of Nevada, Page 175κ
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Chap. CIV.Substitute for Senate Bill No. 64 (introduced and recommended by the Committee on Judiciary, February twentieth, eighteen hundred and seventy-seven)-An Act to amend section four of an Act entitled An Act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five.
[Approved March 5, 1877.]
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. All property of every kind and nature whatsoever within this State, shall be subject to taxation, except: First-All lands or other property owned by the State or by the United States. Second-All lands or other property owned by any county, municipal corporation, town, or village in this State, and all public school houses, with the lots appurtenant, owned by any legally created school district within the State; provided, that when any of the property mentioned in this subdivision is used for any other than public purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed. Third-Mortgages. Fourth-Mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this State, or proceeds of the mines; and, provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States; and, provided further, that all property shall be taxed at its cash value at the time of making such assessment. Sec. 2. All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. |
Property to be taxed.
Exceptions.
Proviso.
Acts repealed. |
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Chap. CV.An Act providing for the taxation of mines that produce one ton or less a day of ore, or mineral-bearing material, and to encourage the prospecting of undeveloped mines.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All mining claims producing not more than one ton of ore a day of mineral-bearing material containing gold, silver, copper, nickel, bismuth, antimony, or any other valuable metal, shall be assessed and taxed for State and county purposes, |
Manner of taxing claims producing one ton or less per day. |
κ1877 Statutes of Nevada, Page 176 (CHAPTER 105)κ
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Bullion, how taxed
No allowances beyond quarter.
Act to take effect |
poses, in the following manner: from the gross yield or value of all ores or mineral material of whatever character, there shall be deducted the actual cost of extracting said ore or mineral from the mine, the actual cost of assorting and transportation to the place of reduction or sale, the actual cost of reduction or sale, and the remainder shall be deemed the net proceeds, and shall be assessed and taxed as provided for in this Act. Sec. 2. All bullion produced from any mine that extracts not more than one ton of ore or mineral-bearing material a day, shall be assessed and taxed at its full market value after deducting the actual cost of mining, assorting, hauling, and reducing. Sec. 3. On claims of this class, producing not more than one ton a day, there shall be no allowance made for expenses incurred prior to the quarter in which the assessment is made. Sec. 4. This Act to take effect on and after the first day of April, eighteen hundred and seventy-seven. |
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Power to hire one teacher. Salary. |
Chap. CVI.An Act to amend an Act entitled An Act more fully defining the duties and powers of the State Board of Regents, in connection with the State University, approved March fifth, eighteen hundred and seventy-five.
[Approved March 5, 1877.]
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 hereby amended to read as follows: Section Two. The Board of Regents shall have power to employ one qualified teacher, at an annual salary not to exceed three thousand dollars, said salary to be paid monthly. Said teacher shall serve as Principal of the Preparatory Department of said University. |
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Chap. CVII.An Act to amend an Act entitled An Act amendatory of an Act entitled An Act concerning juries, approved March fifth, eighteen hundred and seventy-five.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of the Act entitled an Act amendatory of an Act entitled An Act concerning juries, approved March fifth, eighteen hundred and seventy-three, as amended March fifth, eighteen hundred and seventy-five, is hereby amended so as to read as follows: |
κ1877 Statutes of Nevada, Page 177 (CHAPTER 107)κ
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March fifth, eighteen hundred and seventy-five, is hereby amended so as to read as follows: Section Nine. Upon satisfactory proof made, by affidavit or otherwise, the following named persons, and no others, may be exempted from serving as grand or trial jurors: Any Judge, Justice of the Peace, County Clerk, Sheriff, Assessor, Constable, practicing attorney, physician, telegraph operator, and one half of all the members of each regularly enrolled fire company in the State, said half to be determined by the several fire companies respectively, and all officers of such fire companies, not exceeding ten in number for each company, and also, in all cities and towns of this State where there are paid fire departments, after such paid fire department shall have been organized and put in operation, all members, and all who may hereafter become members of any exempt firemens association, society, or organization within this State, but such exemption shall not extend to any member of such association, society, or organization unless prior to becoming a member of the same he shall have served as an active fireman in some regularly organized fire department in this State for the period of three years; provided, that the entire exemption of said exempt firemen shall not exceed in any one town or city of this State one hundred and fifty in number. The Judges of the several District Courts may, by an order entered upon the minutes of their Courts, prescribe bounds in their several counties, and all persons residing without said bounds may be exempted from serving on juries, in the manner hereinafter prescribed. Any person residing without such bounds may present his affidavit, showing his exemption, to the Court or Judge, and if the Judge shall be satisfied therefrom that he is one of the persons entitled to be exempt, under the provisions of this Act, he shall indorse thereon an order to the Clerk to make an entry on the jury list, opposite the name of the applicant, showing that he is exempted from jury service till the first Monday of January next ensuing. Upon presentation of this order to the Clerk, and upon payment to him of the sum of twenty-five dollars in gold coin, it shall be the duty of the Clerk to grant him a certificate showing the payment of said sum, and specifying that he is exempted from jury service until the first Monday of January next ensuing. The Clerk shall also file the affidavit and order, and make the proper entry on the jury list. The moneys coming into the hands of the Clerk under the operation of this law shall constitute a Jury Fund, for the safe keeping and due application of which the Clerk and his bondsmen shall be responsible on his official bond. It shall be applied, first, to the payment to the Clerk of fifty cents for each juror exempted, for his services in filing the affidavit and order, and issuing the certificate herein provided for, and two per cent of the whole sum collected for all other services rendered in pursuance of this Act; the balance of the fund shall be applied to the payment of the compensation of the jurors who served on trial juries. It shall be the duty of the Clerk to keep an accurate account of all moneys received and disbursed under the provisions of this section, and to submit the same to the inspection of the Court whenever it is so ordered; and it shall be the duty of the Judge to inspect and verify said account, at the close of each term of the Court. |
Certain persons to be exempt from jury duty.
What firemen are exempt.
Proviso.
District Judges may prescribe exempt bounds.
Clerk to grant certificate upon payment of fee.
Fees, how disposed of. |
κ1877 Statutes of Nevada, Page 178 (CHAPTER 107)κ
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Judge to verify account. Duty of Clerk.
Jurors, how paid. |
sions of this section, and to submit the same to the inspection of the Court whenever it is so ordered; and it shall be the duty of the Judge to inspect and verify said account, at the close of each term of the Court. It shall also be the duty of the Clerk to keep an accurate account of the attendance of each juror during the term of the Court, and at the close of the term to ascertain the amount due each juror for mileage and attendance, after deducting the amount received by him as fees in civil cases. If there is money enough in the Jury Fund to pay the jurors in full they shall be paid therefrom. If the amount in the Jury Fund is insufficient to pay the jurors in full, said jurors shall be paid from said fund in the order of their claims, until the fund is exhausted; the balance or the jurors, if any, shall be paid from the General Fund of the county. |
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Bankers to be divided into seven classes.
License for each class. |
Chap. CVIII.An Act to amend an Act entitled 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, eighteen hundred and sixty-five, approved March sixth, eighteen hundred and seventy-five.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixty-one of the above entitled Act is amended so as to read as follows: Section Sixty-one. Bankers, as defined in section fifty-nine of this Act, shall be divided into seven classes, as follows: Those doing business in the aggregate to the amount of five hundred thousand dollars or more, per month, shall constitute the first class. Those doing business in the aggregate to the amount of three hundred thousand dollars and less than five hundred thousand dollars, per month, shall constitute the second class. Those doing business to the amount of two hundred thousand dollars and less than three hundred thousand dollars, per month, shall constitute the third class. Those doing business to the amount of one hundred thousand dollars and less than two hundred thousand dollars, per month, shall constitute the fourth class. Those doing business to the amount of fifty thousand dollars and less than one hundred thousand dollars, per month, shall constitute the fifth class. Those doing business to the amount of twenty-five thousand dollars and less than fifty thousand dollars, per month, shall constitute the sixth class; and those doing business in any amount less than twenty-five thousand dollars, per month, shall constitute the seventh class. The license for the first class shall be given, upon the payment of two hundred dollars per month; for the second class, upon the payment of one hundred and fifty dollars per month; for the third class, upon the payment of one hundred dollars per month; |
κ1877 Statutes of Nevada, Page 179 (CHAPTER 108)κ
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of one hundred dollars per month; for the fourth class, upon the payment of seventy-five dollars per month; for the fifth class, upon the payment of fifty dollars per month; for the sixth class, upon the payment of twenty-five dollars per month, and for the seventh class, upon the payment of twelve dollars per month; and a separate license shall be obtained for each establishment or separate house of such business, located in the same county. Common carriers, as defined in section fifty-nine of this Act, shall be liable to an annual license of one hundred and fifty dollars, payable quarterly; provided, that but one license shall be required from the same company or corporation in the same county. |
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Chap. CIX.An Act to provide for the preservation of fish in the waters of this State.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor of this State is hereby authorized and empowered to appoint a suitable person, to be styled Fish Commissioner, whose duty it shall be to establish fish breederies upon such of the waters of this State as, in his judgment, shall be most available for the purpose of stocking and supplying the streams and lakes of this State with both foreign and native fish; and, for such purpose, may purchase and import from other States and countries the spawn or ova of valuable fish, suitable for food, and may introduce the same, when obtained, into such rivers, streams, and lakes as he may deem suited to the habits and successful culture of such fish. He may also employ persons who are skillful and expert in the bus[iness] of fish breeding, and may superintend and direct the construction of fish ways and fish ladders that may be built in the streams and waters of this State. The Commissioners may, in his discretion, distribute the ova or spawn to be procured by him, to such person or persons as have proper lakes, ponds, or streams for the propagation and breeding of fish, and who will, without expense to the State, take charge of such breeding and propagation; the said lakes, pods, or streams to be open to the public to take the said fish after they have obtained maturity. Sec. 2. Such Commissioner shall hold his office for the term of four years, unless some other person shall be appointed to fill the vacancy occasioned by death, resignation, or inability to attend to the duties required. Sec. 3. It shall be the duty of the Commissioner to require, as far as practicable, all persons, firms, and corporations who have erected mill dams, water wiers, or other obstructions, on rivers or streams and lakes within the waters of this State, within six months after the passage of this Act, to construct and keep in repair fish ways, |
Governor to appoint Commissioner, and his duty.
Term of office.
Fish ladders to be built over all dams. |
κ1877 Statutes of Nevada, Page 180 (CHAPTER 109)κ
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Penalty for failure or refusal.
Time for taking fish with hook and line.
The taking of fish with traps, etc. inhibited.
Proviso.
Fish may be taken for spawn.
Penalty.
Penalty for carrying away fish from private ponds.
Young fish captured to be returned. |
and keep in repair fish ways, or fish ladder, at such mill dams, water wiers, or obstructions, so that at all seasons of the year fish may ascend above such dam, wier, or obstruction, to deposit their spawn; and any such obstructions or dams shall not be made use of to catch the said fish by Indians or other persons. Any person, firm, or corporation owning such mill dam or obstruction, who shall fail or refuse to construct or keep in repair such fish way or ladder, after having been notified and required by the Commissioner to do so, shall be deemed guilty of misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars for every such neglect or refusal. The fines and penalties that may be received for convictions under this section, shall be paid one half to the District Attorney who shall prosecute the suit, and one half to the School Fund of the State. Sec. 4. It shall not be lawful for any person or persons, between the first days of January and June of each year, to catch or kill any river, lake, or salmon trout, in any of the streams, rivers, lakes, or other waters within this State, with any seine, gill-net, or any spear, grab-hook, wier, fence, basket, trap, explosive material, or other implements or substances, 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 of this State by the use of traps, gill-nets, grab-hooks, or any poisonous, deleterious, or stupefying drug, explosive material, or other substance, or catch or have in possession any fish so caught during the close season; provided, however, that nothing in this Act shall be construed to prohibit the taking of fish in private ponds constructed expressly for the raising of fish, by the owner thereof; and, provided further, that any person wanting spawn for the propagating of fish, may take fish from their spawning beds, or elsewhere, during the spawning season. Any person violating the provisions of this section shall be deemed guilty of misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, one half to be paid to the District Attorney who shall prosecute the suit, and one half to be paid into the School Fund of the State. Sec. 5. Every person who shall, in any manner, take or carry away any trout or other fish from any stream, pond, or reservoir belonging to any person or corporation, which stream, pond, or reservoir has been stocked with fish by hatching the eggs or spawn, or by placing therein, without the consent of the owner of the land covered by and adjoining such stream, pond, or reservoir, or without the consent of the agent of the corporation, if such land belong to a corporation, shall be punished by a fine of not less than two nor more than ten dollars for every fish so taken or carried away, and shall also be liable to the owner of such stream, pond, or reservoir in a civil suit, for the full value of all fish so taken or carried away. Sec. 6. All persons engaged in the business of fishing in the rivers, streams, or ponds of this State, with seines or traps, or any other means whatsoever, who shall capture the young of any species of fish valuable for food, but which at the time of capture are unfit for use as food, shall return the same to the water. |
κ1877 Statutes of Nevada, Page 181 (CHAPTER 109)κ
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water. Every person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court; one third of all penalties received under this section shall be paid to the informer, one third to the District Attorney of the county prosecuting the suit, and one third to the School Fund of the State. Sec. 7. The Commissioner authorized to be appointed by this Act shall receive no compensation for his services. His necessary expenses incidental to procuring and distributing the ova, or spawn of fish, in the employment of fish breeders, and in carrying out the provisions of this Act, shall be paid from the appropriation herein made, upon accounts or vouchers to be approved by the State Board of Examiners. The Commissioner shall report biennially to the Governor an account of his transaction under this Act, and make an exhibit of his expenditure of money under its provisions. Sec. 8. The sum of one thousand dollars is hereby appropriated out of any money in the General Fund not otherwise appropriated, and the Controller is hereby authorized to draw his warrant on the Treasury in payment of accounts of the Fish Commissioner, as approved or allowed by the State Board of Examiners. Sec. 9. Nothing in this Act shall be construed to prohibit or prevent Indians from taking trout in any of the streams or lakes of this States, at any time, by the same means heretofore usually used and employed by them; provided, that the same are for their own use; but it shall not be lawful for them, the said Indians, to make use of any dam, weir, or other obstruction in any stream, erected by any person, firm, or corporation for the prosecution of any business, under the same penalty that applies to other persons taking said fish out of season. Sec. 10. Any person or firm who shall employ any Indian or Indians to catch fish at any time, or place, or manner prohibited in this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the same fine and punishment as through the wrongful act was done by him or them in person, as provided for in section four of this Act. |
Penalty.
Commissioner to receive no salary.
Expenses to be paid.
To make report.
Appropriation made.
Indians may take fish at any time. Proviso.
Misdemeanor to employ Indians to fish. |
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Chap. CX.An Act concerning vagrancy and vagrants.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Vagrancy consists of the acts and deeds of commission and omission, coupled with the personal state and condition of a vagrant, and shall be deemed a misdemeanor; and any person convicted thereof shall be punished by imprisonment in the county jail for a term not exceeding ninety days. |
Vagrancy defined, and its punishment. |
κ1877 Statutes of Nevada, Page 182 (CHAPTER 110)κ
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Who are vagrants.
Beggars.
Check guerillas.
Street walkers.
Common drunkards
Hoodlums |
dition of a vagrant, and shall be deemed a misdemeanor; and any person convicted thereof shall be punished by imprisonment in the county jail for a term not exceeding ninety days. Sec. 2. Every idle and dissolute person, without visible or known means of living, who has the physical ability to work, and who does not for the space of ten days make proper inquiry for, and use due diligence to seek employment, nor labor when employment is offered him; also, every idle or dissolute person who roams about the country from place to place without any lawful business; also, every healthy beggar who solicits alms as a business; also, every person who makes a practice of going from house to house begging food, money, or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises; also, every idle or dissolute person or associate of known thieves who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, by-ways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing; also, every idle or dissolute person who lodges in any barn, shed, shop, outhouse, or place other than that kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof; every check guerilla, i.e., one who frequents gambling rooms and solicits money or the checks used therein to represent money, from the proprietors, bystanders or betters, and who has no other means of living other than the money so obtained, or obtained in a similar manner elsewhere; every lewd and dissolute male person who lives in and about houses of ill-fame; also, every lewd and dissolute female person known as a street walker, or common prostitute, who shall upon the public streets, or in or about any public place or assemblage, or in any saloon, barroom, club-room, or any other public or general place of resort for men, or anywhere within the sight or hearing of ladies or children, conduct and behave herself in an immodest, drunken, indecent, profane, or obscene manner, either by actions, language, or improper exposure of her person; every common drunkard who is in the habit of lying around the streets, alleys, sidewalks, saloons, barrooms, or other public places in a state of gross intoxication; also, every boy or male person under the age of twenty-one years, who habitually remains away from his home or place of residence after the hour of nine (9) oclock p.m without some lawful and necessary business, or other imperative duty, or good and sufficient reason or cause for such absence from home after such hour, for his own amusement and pastime, without any legitimate business for so doing, frequents and passes his time in any gambling room, or other place where gambling is conducted, or any billiard room or other place where any such games are played, or any saloon or other place where intoxicating liquor is sold or drank; or who at any hour of the night or day, for his own amusement and pastime, without any legitimate business for so doing, frequents or loafs around any low den, house, or other place of vice, infamy, or immorality, where known thieves and other vicious and infamous persons resort or congregate; |
κ1877 Statutes of Nevada, Page 183 (CHAPTER 110)κ
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or congregate; or who at any hour of the night, either alone or otherwise, prowls about the streets or town, disturbing the peace and quiet of the neighborhood by loud or unnecessary noise, or committing petty depredations, tricks, or pranks, upon the person or property of other people, or by abusive, obscene, or insulting language, or by any manner of rowdyism whatsoever, disturb and annoy the passersby, any lawful assemblage of persons, or the neighborhood at large, is a vagrant, and guilty of vagrancy, and upon conviction may be punished accordingly. The provisions of this Act shall not apply to Indians, nor to Chinese, when such acts of vagrancy are committed around or in their own quarters, or Chinatown, unless complained of by their own countrymen. Sec. 3. All male persons having the physical ability to work, convicted of vagrancy and imprisoned on judgment therefor, may be required to perform labor on the public works, buildings, grounds, or ways in the county, and the Sheriff or other person or persons having them in charge while performing such labor may, in his discretion, employ any usual, reasonable, humane, and sufficient means to guard against and prevent such prisoner escaping from custody while being so employed. Sec. 4. For each and every days work willingly and faithfully performed by such vagrant, he shall receive credit for two days time, which shall be by the Sheriff applied upon and deducted from his term of imprisonment. Sec. 5. If any imprisoned vagrant convicted under this Act, having the physical ability to work, refuse to work when required so to do, as herein provided, he may, as a punishment, be forced to work by being compelled to pack sand, or carry other material and weight from place to place, or to perform other labor not unreasonable, inhumane, or too burdensome, until he declares himself willing to work, and does work as required; or in lieu thereof he may, in the discretion of the Sheriff, be confined in a cell of the jail and fed upon no other food except bread and water, until he declares himself ready to work, as required herein; but both methods of punishment herein prescribed shall in no instance be inflicted at the same time. In either case of punishment the prisoner shall have no credit given him upon his term of imprisonment, for such forced labor or solitary confinement. Sec. 6. It shall be the duty of the Sheriff, during fair and reasonable weather, when the same can be done without extra expense to the county, to procure employment for and set at work such convicted vagrants, who are serving out their term of imprisonment; and to this end, upon application of any Road Supervisor, Superintendent, foreman, or other overseer or custodian of any public works, buildings, or grounds, he may deliver into the custody and charge of such person making the application, such prisoners, to do labor as herein required, who, after working hours of the day, or after suspension of labor from any cause, shall be returned into the custody of the Sheriff of the county for safe keeping until again required for labor. Sec. 7. For each and every legal conviction under this Act the District Attorney shall be entitled to receive the sum of ten dollars from the county; but the person or persons having such vagrants in charge during such labor shall receive no extra compensation for such charge over and above their regular salary or wages which they are by law entitled to receive. |
This Act not to apply to Indians or Chinese.
Vagrants may be employed on public works.
Credit to be given.
Punishment for refusal to work when able so to do.
Sheriff may procure employment for vagrants.
Fees for conviction. |
κ1877 Statutes of Nevada, Page 184 (CHAPTER 110)κ
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Acts repealed. |
ten dollars from the county; but the person or persons having such vagrants in charge during such labor shall receive no extra compensation for such charge over and above their regular salary or wages which they are by law entitled to receive. Sec. 8. The Act entitled An Act concerning vagrants and vagrancy, approved March seventh, eighteen hundred and seventy-three, and all other Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
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Salaries of the several District Attorneys of this State.
Acts repealed. |
Chap. CXI.An Act to amend an Act entitled An Act concerning District Attorneys, approved March eleventh, eighteen hundred and sixty-five, approved February twenty-sixth, eighteen hundred and sixty-six, approved March eleventh, eighteen hundred and sixty-seven, approved February seventeenth, eighteen hundred and seventy-three.
[Approved March 5, 1877.]
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 District Attorney of each county in this State shall receive for his services, annually, a compensation to be paid in four equal quarterly payments as follows: First-Of the County of Storey, two thousand dollars. Second-Of the County of Lyon, fifteen hundred dollars. Third-Of the County of Esmeralda, one thousand dollars. Fourth-Of the County of Douglas, one thousand dollars. Fifth-Of the County of Ormsby, one thousand dollars. Sixth-Of the County of Washoe, one thousand dollars. Seventh-Of the County of Humboldt, one thousand dollars. Eight-Of the County of Churchill, six hundred dollars. Ninth-Of the County of Lander, two thousand dollars. Tenth-Of the County of Eureka, twelve hundred dollars. Eleventh-Of the County of Elko, two thousand dollars. Twelfth-Of the County of White Pine, one thousand dollars, after the first day of January, A. D. eighteen hundred and seventy-nine. Thirteenth-Of the County of Lincoln, fifteen hundred dollars, after the first day of January, A. D. eighteen hundred and seventy-nine. Fourteenth-Of the County of Nye, fifteen hundred dollars. Fifteenth-When any new county shall be created hereafter, the District Attorney for such county shall receive for his services an annual salary, not exceeding fifteen hundred dollars, as the County Commissioners of such county may determine. Sec. 2. All Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
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κ1877 Statutes of Nevada, Page 185κ
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Chap. CXII.An Act to amend an Act entitled An Act concerning juries, approved March fifth, eighteen hundred and seventy-three.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve of an Act entitled An Act concerning juries, approved March fifth, eighteen hundred and seventy-three, is hereby amended so as to read as follows: Section Twelve. Each person summoned to serve as grand jurors, and each trial juror summoned as provided in this Act, unless said trial juror be excused by the Court from serving on the day he is summoned to attend, shall receive three dollars per day for each and every day he may be in attendance, and fifteen cents per mile in traveling to and returning from Court, to be paid as hereinbefore provided. |
Per diem and mileage allowed jurors. |
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Chap. CXIII.An Act to amend an Act entitled An Act to encourage the growth of forest trees.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. Every person planting one acre or more of land, within ten years after the passage of this Act, with any kind of forest or shade trees, and successfully growing and cultivating the same for three years, and any person planting, protecting, and cultivating for three years, one half mile or more of forest or shade trees along any public highway, said trees to be planted so as to stand, at the end of three years, one rod apart, shall be entitled to receive for twenty years, commencing two years after said grove or line of trees has been planted, an annual bounty of ten dollars per acre for each acre so planted, and ten dollars for each half mile so planted, to be paid out of the County Treasury of the county in which said grove or line of trees may be situated; such bounty shall not be paid any longer than said grove or line of trees is cultivated and kept alive and in growing condition. |
Ten dollars a year for twenty years for cultivating trees under certain conditions
Trees to be alive and growing. |
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κ1877 Statutes of Nevada, Page 186κ
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Fees or Justice and Recorder.
Costs, by whom paid. |
Chap. CXIV.An Act to amend an Act entitled An Act concerning estray animals, approved November eighth, eighteen hundred and sixty-one.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is hereby amended so as to read as follows: Section Nine. The Justice of the Peace and Recorder shall receive for their services in any one case, whether for one or more animals, two dollars and fifty cents each; and all other officers or persons shall receive for their services the same fees as are allowed for similar services within the county. All costs and charges accuring [accruing] under this Act shall be paid by the person taking up the estray animal or animals, but shall be reimbursed by the owner, upon proof and delivery of his property. |
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If lots are not conveyed within one year, they are to be sold.
Proviso. |
Chap. CXV.An Act to amend an Act entitled An Act prescribing rules and regulations for the execution of the trust arising under the Act of Congress entitled An Act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven, approved February twentieth, eighteen hundred and sixty-nine.
[Approved March 5, 1877.]
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. If all the lots, blocks, shares, or parcels of such land are not legally conveyed to the proper owners before the expiration of one year after the same shall have been passed upon by the corporate authorities or Judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such city or town, or to the construction of waterworks for the purpose of conveying water into such city or town, after paying their proportionate share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by this section shall be published as is provided for the notice required by section three of this Act; provided, that the provisions of this section shall not apply to the sale of real estate belonging to minors or insane persons, except upon an order of Court authorizing such sale, which order may be made by the Court upon an ex parte application, under oath, of the trustee named in this Act. |
κ1877 Statutes of Nevada, Page 187 (CHAPTER 115)κ
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an ex parte application, under oath, of the trustee named in this Act. |
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Chap. CXVI.An Act amendatory of an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March twentieth, eighteen hundred and sixty-five, and of Acts amendatory thereof.
[Approved March 5, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of said Act is hereby amended so as to read as follows: Section Five. It shall be the duty of the Superintendent of Public Instruction, subject to the supervision of the State Board of Education, immediately after the State Controller shall have made his semi-annual report as hereinafter required, to apportion to the several counties the amount of school money in the State Treasury, to which each shall be entitled under the provisions of this Act, in proportion to the number of persons between the ages of six and eighteen years residing therein, as shown by the last previous reports of the County Superintendent, and to furnish to the State Controller, to each County Treasurer, to each County Auditor, and to each County Superintendent, an abstract of such apportionment, and with such apportionment to furnish each County Treasurer his order on the State Controller, under the seal of the State Board of Education, for the amount of school moneys in the State Treasury to which such counties shall be entitled, and to take such County Treasurers receipt for the same. Sec. 2. Section fifteen of said Act is hereby amended so as to read as follows: Section Fifteen. It shall be the duty of the County Treasurer of each county: First-To receive and hold as a special deposit all public school moneys, whether received by him from the State Treasurer or raised by the county for the benefit of public schools, or from any other source, and to keep a separate account thereof, and of their disbursements. Second-On receiving any public school moneys, subject to distribution, to notify the County Superintendent of Public Schools of the amount thereof. Third-To pay over all public school moneys received by him only on warrants of the County Auditor, issued upon orders of the County Superintendent of Public Schools of such county, which orders shall be valid vouchers in the hands of the County Auditors for warrants drawn upon such orders. Fourth-On or before the first day of October, annually, to make a full report to the Superintendent of Public Instruction of the public school moneys received into the County Treasury within the school year ending on the last day of August next previous thereto, |
Superintendent to apportion money to several counties.
Duties of County Treasurer in reference to school moneys.
Money, how paid out.
Treasurer to report to Superintendent. |
κ1877 Statutes of Nevada, Page 188 (CHAPTER 116)κ
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Penalty.
County Superintendent to apportion money.
Amount to each teacher.
Surplus to be apportioned per capita.
County Superintendent to draw warrants.
Not to draw warrant if charge is exorbitant. |
previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State or County School Fund; and in case of failure or neglect of said County Treasurer to make such report, he shall forfeit for the benefit of the County School Fund the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction, of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the County School Fund. Sec. 3. Section seventeen of said Act is hereby amended so as to read as follows: Section Seventeen. It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the County Treasurer and the County Auditor, as provided in this Act, to apportion the public school moneys in the County Treasury among the several school districts of his county, as follows: First-He must ascertain the number of teachers each district is entitled to, by calculating one teacher for every one hundred census children, or fraction thereof, as shown by the next preceding school census. Second-He must ascertain the total number of teachers for the county, by adding together the number of teachers assigned to the several districts, upon the basis of one teacher to each one hundred census children or fraction thereof. Third-Twenty-five per cent. of the amount of the apportionment from the State and County School Fund shall be apport oned equally to each district for every teacher assigned it upon the basis of one hundred census children or fraction thereof. Fourth-All school moneys remaining on hand, after apportioning twenty-five per cent. of the State and county apportionment equally to each district for every teacher assigned it upon the basis of one hundred census children, or fraction thereof, must be apportioned to the several districts in proportion to the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer, County Auditor, and the School Trustees, in writing, of such apportionment, in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his order on the County Auditor in favor of the Trustees of any school district in his county, for any bill duly signed by said Trustees and authorized by this Act; provided, that such order shall not be drawn except upon presentation of an itemized account, which shall remain on file in his office, and until full and correct returns have been made to him as required by law; and, provided further, that if, in the opinion of the Superintendent, any bill contain an exorbitant or unwarranted charge, he may refuse to draw his order until ordered to do so by the Board of County Commissioners, who shall act as Auditors upon all bills rejected by the County Superintendent. |
κ1877 Statutes of Nevada, Page 189 (CHAPTER 116)κ
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County Commissioners, who shall act as Auditors upon all bills rejected by the County Superintendent. No order shall be drawn in favor of any school district, by the County Superintendent, upon the Auditor, unless there be cash in the Treasury at the time to the credit of said district. It shall be the duty of the County Auditor to draw his warrant upon the County Treasurer for the amount of any such order of the County Superintendent, upon the presentation of the same to him, if there be cash in the Treasury to the credit of the particular fund on which he is called upon to draw. No charge for issuing said warrant shall be made by the County Auditor. Sec. 4. Section eighteen of said Act is hereby amended so as to read as follows: Section Eighteen. The County Superintendent shall have power, and it shall be his duty: First-To visit each public school in his county, within ten miles of the county seat, at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county, and give to the School Trustees, Marshals, and teachers, such as may be important to the prosperity of the schools. Second-To distribute promptly such blank reports, forms, laws, and instructions as shall be received by him from the Superintendent of Public Instruction for the use of School Trustees, Marshals, and teachers, and any other officers entitled to receive the same. Third-To keep on file in his office the reports of the School Trustees, Marshals, and teachers received by him, and to record all his official acts in a book to be provided for that purpose, and at the close of his official term to deliver to his successor such record, and all documents, books, and papers belonging to his office, and to take duplicate receipts for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fourth-To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and teachers, by law required to be made to the County Superintendent for the preceding school year. Fifth-To preside over, regulate, and conduct all County Teachers Institutes which may be called under the provisions of the section of this Act providing for the calling of such Institutes. Sixth-To appoint School Trustees in all the districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office. Seventh-To draw his orders on the County Auditor in favor of the Board of Trustees, for warrants on the County Treasurer, for the purchase of school books which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school moneys apportioned to such district. |
Auditor to draw warrant.
Duties of County Superintendent.
To visit schools.
To distribute blank reports, etc.
To file papers.
To make report.
To hold institutes.
To fill vacancies.
To purchase books for indigent scholars. |
κ1877 Statutes of Nevada, Page 190 (CHAPTER 116)κ
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To fill vacancies.
Duty of Trustees.
Acts repealed.
Act to take effect |
same payable out of the county school moneys apportioned to such district. Sec. 5. Section twenty-three of said Act is hereby amended so as to read as follows: Section Twenty-three. If the qualified electors of any school district shall fail to elect School Trustees at the time and in the manner prescribed by law, or if from any cause a vacancy or vacancies shall at any time occur, or shall have occurred in the Board of Trustees of any school district, the County Superintendent of Public Schools of the county wherein such school district is situate, shall fill such vacancy or vacancies by the appointment of a competent person or persons, who shall hold such office of offices until the election of a successor or successors, at the time and in the manner provided by law. Sec. 6. Section twenty-eight of said Act is hereby amended so as to read as follows: Section Twenty-eight. It shall be the duty of the School Trustees to employ teachers, and to certify the amount due them for services, to the County Superintendent, who shall draw his order on the County Auditor for a warrant on the County Treasurer for the amount; provided, that salaries of teachers shall be determined by the character of the service required, and that in no district shall there be discrimination in the matter of salary as against female teachers. Trustees may dismiss any teacher at any time, for such reasons as they may deem sufficient; they shall visit the school or schools under their charge at least once in each term, by one or more of their number, with such other persons as they may choose to invite. Sec. 7. All Acts and parts of Acts, conflicting with the provisions of this Act, are hereby repealed. Sec. 8. This Act shall take effect and be in force on and after the first Monday in April, eighteen hundred and seventy-seven. |
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Appropriation made.
Payment to Storey County. |
Chap. CXVII.An Act to provide for the payment of the States proportion of the extraordinary expenses for assistant counsel, incurred in the several cases brought to enforce and resist the collection of the tax on the proceeds of the mines, during the twelfth fiscal year.
[Approved March 8, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twelve thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the following purposes: First-For the payment to Storey County of the States proportion of all sums paid, or to be paid, under any existing contract entered into by the Commissioners of Storey County, for the services of assistant counsel in the several suits brought to enforce or resist the collection of the tax on the proceeds of the mines, during the twelfth fiscal year. |
κ1877 Statutes of Nevada, Page 191 (CHAPTER 117)κ
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the mines, during the twelfth fiscal year. Such proportion to be determined by the ratio that the State tax bears to the entire levy for State and county purposes, for the quarters the taxes for which the several suits are brought to enforce or resist. Second-For the payment of assistant counsel employed by the State in the before mentioned cases, who have not been paid by Storey County; and, Third-For the payment of the States proportion, as hereinbefore set forth, of such extraordinary expenses as may occur in the further prosecution of these suits. Sec. 2. The claims provided to be paid under this Act shall be presented to the State Board of Examiners, and, on approval by them, shall be audited by the State Controller, and shall be paid by the Treasurer on the Controllers warrant for the same, out of the appropriation herein made. |
To pay counsel.
Claims to be acted on by Board of Examiners. |
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Chap. CXVIII.An Act to provide for the purchase, for the benefit of the State School Fund, of the bonds of this State known as the Territorial bonds.
[Approved March 8, 1877.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of purchasing the State bonds issued under an Act entitled An Act authorizing a State loan and levying a tax to provide means for the payment thereof, approved February twenty-seventh, eighteen hundred and seventy-one, for the benefit of the State School Fund, the sum of fifty thousand dollars is hereby transferred from the General Fund of the State to the Territorial Interest and Sinking Fund provided for in said Act, and the State Controller is hereby directed to notify the State Treasurer of such transfer. Sec. 2. The amount thus placed in the Territorial Interest and Sinking Fund, together with all securities now in said fund, and all money now in or coming into said fund from other sources, and also all securities now in the State School Fund, may be used for the purchase of the State bonds herein specified, on account and for the benefit of the State School Fund, in the manner hereinafter set forth, under the direction of a Board of Commissioners, consisting of the Superintendent of Public Instruction, State Treasurer, and the State Controller. Sec. 3. The Commissioners herein named are authorized to purchase the bonds herein specified, if they can purchase the whole issue (three hundred and eighty thousand dollars, and not otherwise, if such purchase can be made at such a rate of premium as would guarantee to the purchaser six per cent. per annum interest on the amount paid during the life of the bonds so purchased; they are also authorized, in making such purchase, |
Money transferred from General Fund.
May be used for purchasing State bonds under certain conditions |
κ1877 Statutes of Nevada, Page 192 (CHAPTER 118)κ
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Bond to be issued to State School Fund.
Tax authorized.
Treasurer to provide for interest. |
chase, to exchange the United States and other bonds now in the Territorial Interest and Sinking Fund, and also in the State School Fund, for the bonds herein proposed to be purchased; provided, that in making such exchange the value of such United States and other bonds shall be at least the value of such bonds, with the average premium added, as shown by the sales of such securities in the market on the day of exchange, and in no case at less than par. The amount of securities placed at the disposal of said Board of Commissioners, for the purpose herein specified, is as follows: One hundred thousand dollars in United States bonds in the Territorial Interest and Sinking Fund, and three hundred thousand dollars in United States and State ten-year bonds in the State School Fund, and no more. Sec. 4. Upon the purchase of the bonds herein mentioned, the Board of Commissioners shall surrender them to the State Treasurer for cancelation, and a bond to the amount of three hundred and eighty thousand dollars, not redeemable or transferable, bearing interest at the rate of five per cent. per annum, shall be issued to the State School Fund of the State of Nevada. Said bond shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes to its State School Fund three hundred and eighty thousand dollars, the interest on which sum, at the rate of five per cent. per annum, she agrees to pay for all time, for the benefit of the common schools of the State. Said bonds shall be engrossed on parchment and deposited with the Treasurer of State. The interest on said bond shall be paid semi-annually, the first days of January and July of each year, on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest, on the Territorial Interest Fund herein created. All sums derived from the interest on said bond shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of said interest, the faith and credit of the State is hereby solemnly pledged. Sec. 5. There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and seventy-seven, and annually thereafter, an ad valorem tax of eight cents upon each one hundred dollars of all the taxable property in the State, which tax shall take the place and be in lieu of the tax heretofore levied for Territorial Interest and Sinking Fund purposes. All sums derived from this tax shall go into the Territorial Interest Fund, and shall be disposed of as provided for in this Act. Sec. 6. It shall be the duty of the State Treasurer to make definite arrangements for the payment of the interest on the bond herein provided to be issued to the State School Fund when the same shall fall due, at least thirty days prior to the time of payment, and in the event that said Interest Fund, as in this Act provided, is insufficient, the said Treasurer shall draw on the General Fund of the State for such purpose; and in the event said fund also proves inadequate, the Treasurer, by and with the consent of the Governor and 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. |
κ1877 Statutes of Nevada, Page 193 (CHAPTER 118)κ
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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. In the event that the Commissioners are unable to purchase the Territorial bonds of the State under the terms of this Act, the securities herein placed at their disposal for that purpose shall remain in their respective funds; and the resources of the Territorial Interest and Sinking Fund for the thirteenth and fourteenth fiscal years shall be: First-All money now in said fund, or that shall come into it from delinquent taxes and interest on the United States bonds now in the fund. Second-The fifty thousand dollars hereby transferred from the General Fund; and, Third-All money from the tax herein levied for a Territorial Interest Fund. Sec. 8. Immediately after the passage of this Act it shall be the duty of the Commissioners herein named to advertise, in one or more daily papers published in this State and in the City of San Francisco, for the surrender of bonds provided to be purchased by this Act. They shall advertise the amount of money and securities at their disposal applicable to the purchase of such bonds, and they may accept bids calling for no higher rate of premium than would guarantee the purchaser six per cent. per annum interest on the amount to be paid for said bonds for the time they have yet to run. Sec. 9. The Commissioners herein named shall report to the Legislature at its next session, in detail, all their doings under the provisions of this Act. Sec. 10. All Acts and parts of Acts, in so far only as they conflict with the provisions of this Act, are hereby repealed. |
Resources of the Territorial Fund in case of failure to buy.
Advertisement to be made.
Commissioners to report. Acts repealed. |
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Chap. CXIX.An Act to create a Current Expense Fund for Lincoln County.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing means for the payment of certain expenses in the County of Lincoln, a special fund is hereby created, to be known as the Current Expense Fund of said county. Sec. 2. At the time of levying the tax for general State and county purposes, as now provided by law, the Board of County Commissioners of said Lincoln County may, and they are hereby authorized and empowered, to levy a special tax not to exceed fifty (50) cents on each one hundred dollars valuation of all the taxable property in said county, including the tax on the proceeds of the mines, to be known as the Current Expense Fund tax; the proceeds of said special tax shall go into and form the Current Expense Fund of said Lincoln County. |
Fund created.
Tax authorized. |
κ1877 Statutes of Nevada, Page 194 (CHAPTER 119)κ
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Fund, how disbursed.
Proviso.
Surplus, how disposed of. |
Fund tax; the proceeds of said special tax shall go into and form the Current Expense Fund of said Lincoln County. Sec. 3. Allowances shall be made by the Board of County Commissioners against said Current Expense Fund for the following purposes, and none other: Repairs on the Court House and jail, stationary, fuel and lights, board, clothing, bedding, and medicines for prisoners confined in the county jail, and the necessary current expenses incident to the care of the indigent sick of said county, whether the said indigent sick are cared for in the county hospital or otherwise provided for; provided, that no outstanding bills, claims, or warrants, or any part thereof, that may have accrued against said county for any of the articles or purposes mentioned in this section, or for any purposes whatever, prior to the approval of this Act, shall be allowed against or paid out of said Current Expense Fund; and, provided further, that neither the fees nor salaries of county or other county officers shall be allowed against or paid out of said fund. Sec. 4. Whenever there shall be any surplus of moneys in said Current Expense Fund over and above all demands against the same, the Board of County Commissioners of said county may, and they are hereby authorized and empowered, to transfer such surplus, or any portion thereof, to the several other funds, or either of them, of said county, in the manner and proportion best calculated in the minds of the said Commissioners to subserve and protect the credit of Lincoln County. In the distribution of moneys as herein provided, preference shall be given in all cases to the fund standing in the greatest need or assistance, with the view of keeping the scrip, certificates, or other evidences of indebtedness against the several funds of said county as nearly equal in point of intrinsic or marketable value as may be practicable. - This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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To be admitted, notwithstanding age. |
Chap. CXX.An Act admitting Charles S. Queen, a minor, to practice law, upon examination and due proof of qualification, as provided by law.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On production of satisfactory testimonials of good moral character, and undergoing such examination as to his qualification as the Supreme Court may direct, Charles S. Queen, of Reno, Washoe County, Nevada, may be admitted as an attorney and counselor at law, in the same manner and upon the same terms as other applicants to practice law are admitted, notwithstanding his being under twenty-one years of age at the time of his application. |
κ1877 Statutes of Nevada, Page 195 (CHAPTER 120)κ
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an attorney and counselor at law, in the same manner and upon the same terms as other applicants to practice law are admitted, notwithstanding his being under twenty-one years of age at the time of his application.
-
This bill having remained with the Governor ten days (Sundays excepted), after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Chap. CXXI.An Act to create a Current Expense Fund for White Pine County.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing means for the payment of certain expenses in the County of White Pine, a special fund is hereby created, to be known as the Current Expense Fund of said county. Sec. 2. At the time of levying the tax for general State and county purposes, as now provided by law, the Board of County Commissioners of said White Pine County may, and they are hereby authorized and empowered, to levy a special tax, not to exceed five (5) cents on each one hundred dollars valuation of all the taxable property in said county, including the tax on the proceeds of the mines, to be known as the Current Expense Fund tax. The proceeds of said special tax, together with fifteen per cent. of all other county revenues collected, shall go into and form the Current Expense Fund of said White Pine County. Sec. 3. Allowances shall be made by the Board of County Commissioners against said Current Expense Fund, for the following purposes and none other: Repairs on the Court House and jail, stationery, printing, fuel and lights, board, clothing, bedding, and medicines for prisoners confined in the county jail, and until all claims or warrants that have been or may be allowed against the Indigent Sick or Hospital Fund of said county, prior to the approval of this Act, shall have been paid and liquidated, the necessary current expenses incident to the care and maintenance of the indigent sick of said county may also be, in the discretion of the Board of County Commissioners, paid out of said Current Expense Fund; provided, that no outstanding bills, claims, or warrants, or any part thereof, that may have accrued against said county for any of the articles or purposes mentioned in this section, or for any purpose whatever, prior to the approval of this Act, shall be allowed against or paid out of said Current Expense Fund; and, provided further, that neither the fees nor salaries of county or other officers shall be allowed against or paid out of said fund. |
Fund created.
Special tax to be levied.
Money, how paid out of said fund.
Proviso. |
κ1877 Statutes of Nevada, Page 196 (CHAPTER 121)κ
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Surplus, how disposed of.
Act to take effect |
other officers shall be allowed against or paid out of said fund. Sec. 4. Whenever there shall be any surplus of moneys in the said Current Expense Fund, over and above all demands against the same, the Board of County Commissioners of said county may, and they are hereby authorized and empowered, to transfer such surplus, or any portion thereof, to the several other funds, or either of them, of said county, in the manner and proportion best calculated, in the judgment of said Commissioners, to subserve and protect the credit of White Pine County. In the distribution of moneys, as herein provided, preference shall be given in all cases to the fund standing in the greatest need of assistance, with the view of keeping the scrip, certificate[s], or other evidences of indebtedness against the several funds of said county as nearly equal in point of intrinsic or marketable value as may be practicable. Sec. 5. This Act to take effect and be in force from and after the first day of April, A. D. eighteen hundred and seventy-seven.
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This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Bonds may be issued.
Interest.
Amount of each bond, etc.
Bonds, when payable. |
Chap. CXXII.An Act to authorize the School Trustees of School District Number Ten, in Washoe County, to issue bonds for the purpose of providing additional school buildings for said school district.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number Ten, in the Town of Reno, Washoe County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding twelve (12) per cent. per annum, for a sum not exceeding twenty thousand dollars, in United States gold coin; none of which said bonds shall run for a period longer than twenty years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each, in gold coin; shall be payable to bearer, and the interest thereon shall be payable semi-annually, and coupons for each installment of such interest shall be attached to each of said bonds. Sec. 3. The principal of said bonds shall be made payable as follows: one thousand dollars of the bonds so issued shall be made payable in two years from the date of issuance thereof, the remainder shall be made payable in annual payments there after; none of which shall run for a period longer than twenty years from the date of their issuance. |
κ1877 Statutes of Nevada, Page 197 (CHAPTER 122)κ
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after; none of which shall run for a period longer than twenty years from the date of their issuance. Sec. 4. The Board of Trustees of said school district are hereby authorized, when in their judgment it may be advisable, to build or purchase one or more school houses for said district, in addition to the one now in use; to call a school meeting for the purpose of providing means therefor. Such meeting shall be called in the manner provided by law for calling meetings for the purpose of raising money for similar purposes in school districts, and if a majority of the persons in said district, qualified to vote at said meeting, shall vote to carry out the recommendation of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for, and dispose of the same, and to erect or purchase and furnish the school house or school houses provided for in this Act Sec. 5. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Washoe County. Sec. 6. All moneys received from the sale of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Reno School District Building Fund, and to pay out said money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Washoe County. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 7. For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Washoe County are hereby authorized and required, at the time of annual levy of taxes for State and county purposes for the year eighteen hundred and seventy-seven, and annually thereafter, to levy upon all the taxable property of said School District Number Ten an amount not exceeding one fourth of one per cent. upon each one hundred dollars valuation of said property, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and levied, and shall be paid into the County Treasury and set apart to a fund which is hereby created, to be known as the Reno School District Redemption Fund, and the money in said fund shall be paid out by the County Treasurer in payment of the interest on the bonds aforesaid as the same becomes due, and upon the presentation of coupons therefor, and upon the presentation and surrender of said bonds when the same become due. Sec. 8. To provide for the payment of the first installment or interest upon the bonds issued under the provisions of this Act, the Board of County Commissioners of said county are hereby authorized and required, at their last regular meeting before said interest will become due, in case there is not sufficient money in said Reno School District Redemption Fund |
Meeting to be called by Trustees.
Bonds, how signed.
Proceeds, how paid out.
Tax to be levied to pay bonds
First interest, how paid. |
κ1877 Statutes of Nevada, Page 198 (CHAPTER 122)κ
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cient money in said Reno School District Redemption Fund to pay said interest, to direct the County Treasurer to set apart from the General Fund in the County Treasury to said Reno School District Redemption Fund a sufficient amount to pay said interest, which amount shall be repaid out of the first moneys coming into said Treasurers hands from the taxes levied as aforesaid and belonging to said School District Redemption Fund. -
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Bonds authorized.
Rate of interest.
Where payable.
Money to be set apart to pay bonds
Bonds, how sold. |
Chap. CXXIII.An Act to authorize the County Commissioners of Esmeralda County to issue certain bonds, and to provide for the payment of the same.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Esmeralda County, Nevada, are hereby authorized and empowered to issue the bonds of said county in any sum not to exceed fifteen thousand dollars ($15,000). None of the bonds issued as herein provided shall be of a less amount than two hundred dollars ($200), and none for a greater amount than one thousand dollars ($1,000) each. Said bonds shall bear interest at a rate not to exceed eighteen per cent. per annum, and shall be redeemed in the following manner: The said bonds, with interest, shall be payable at the office of the County Treasurer of Esmeralda County, not less than one year nor more than two years from their date of issue; and the interest on said bonds shall be payable semi-annually at the Treasurers office in Aurora, Esmeralda County, Nevada. The Board of County Commissioners shall provide for the prompt payment in full of said bonds, together with the interest thereon at the date of their maturity, and for this purpose the said Commissioners are hereby duly empowered to set apart, at the proper period, a sufficient sum out of the Current Expense Fund of said county to fully discharge and liquidate the said bonds and the interest thereon. Sec. 2. Whenever, in the opinion of the Board of County Commissioners, the issuance of said bonds, or any part thereof, is the best interests of said Esmeralda County, the County Treasurer shall sell at par such proportion of the same as may be designated by the said Board of County Commissioners, and the proceeds thereof shall be placed in the Current Expense Fund of said county, to be subject to the same restrictions and to be expended in the same manner as other moneys coming into said fund. |
κ1877 Statutes of Nevada, Page 199 (CHAPTER 123)κ
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to be expended in the same manner as other moneys coming into said fund. Sec. 3. The County Commissioners of the said County of Esmeralda are hereby authorized and empowered to have the bonds prepared and printed in the form and manner to carry into effect the provisions of this Act.
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This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
Bonds, how printed. |
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Chap. CXXIV.An Act to authorize the Board of County Commissioners of Washoe County to issue bonds for certain purposes.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of securing the right of way and laying out a public highway in Washoe Valley, commencing at or near Franktown, and running across said valley in an eastern direction, so as to connect with what is known as the Ophir toll road, leading to Virginia City, Nevada, the Board of County Commissioners of Washoe County, Nevada, when, in their discretion, they may deem the same necessary and for the best interests of said county, are hereby authorized and empowered to issue bonds in the name of said county, in any sum not to exceed the sum of five thousand dollars, and to pledge the good faith and credit of said county for the payment of the same, both principal and interest, in gold coin of the United States. Sec. 2. The Commissioners may cause the bonds to be prepared. They shall, when issued, be signed by the Chairman of the Board and countersigned by the Clerk of the Board, indorsed by the County Treasurer and authenticated with the seal of the County Clerk. Coupons for interest shall be attached to each bond, so that the coupons can be removed without injury to the bonds; said coupons, consecutively numbered, shall be signed by the County Treasurer. Sec. 3. No bonds issued under the provisions of this Act shall be sold for any currency except gold and silver coin, nor at less than par. Sec. 4. The County Commissioners are hereby duly authorized to negotiate the sale of said bonds, the proceeds of which shall be placed in the County Treasury as a special fund, for the purpose mentioned in section one of this Act. Sec. 5. For the purpose of creating a fund for the payment of the bonds hereby authorized, and the interest thereon, the Board of County Commissioners are hereby authorized and empowered to levy a tax of not to exceed one eighth of one per cent. |
Bonds authorized to build a road across Washoe Valley.
Bonds, how prepared.
Coin.
Negotiation and proceeds of bonds.
Tax authorized to pay bonds and interest. |
κ1877 Statutes of Nevada, Page 200 (CHAPTER 124)κ
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Bonds, what denomination, rate of interest etc.
Viewers to be appointed
Notice of redemption to be given. |
empowered to levy a tax of not to exceed one eighth of one per cent. on all property in the county subject to taxation, the same to be levied at the time for levying the general State and county tax, and collected in the same manner. After the issue and sale of said bonds, said tax shall be levied and collected each year, until such bonds, and the interest thereon, shall be paid in full. Sec. 6. The bonds shall be of the denomination of five hundred dollars each; they shall be numbered from one to ten, inclusive, the interest shall not exceed twelve per cent. per annum, payable, annually, the first of January each year; and in no case shall the bonds issued by virtue of this Act run a longer term than three years from and after date of issue. Sec. 7. The bond [Board] of County Commissioners may, after the issue and sale of said bonds, appoint three disinterested property holders of the county to view out and locate the road mentioned in section one (1) of this Act, and cause the said road to be put in suitable condition for use, as soon as convenient thereafter. Sec. 8. The Board of County Commissioners shall give notice in some newspaper published at the county seat of Washoe County, for a term not less than thirty days, setting forth the amount of money on hand for the purpose of redeeming such bonds, and the number and date of such bonds subject to redemption, also, the time at which interest will cease on said bonds. -
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Bonds authorized.
Bonds, for what amounts issued, and interest. |
Chap. CXXV.An Act to authorize the School Trustees of School District Number One, in the County of Elko, State of Nevada, to issue bonds for the purpose of providing additional school buildings for said school district.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number One, it being the Town of Elko, in the County of Elko, State of Nevada, are hereby authorized under the provisions of this Act, to issue bonds bearing interest not exceeding ten (10) per cent. per annum, for a sum not exceeding ten thousand dollars in United States gold coin, none of which said bonds shall run for a period longer than ten (10) years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, and shall be payable to bearer, and the interest thereon shall be payable semi-annually, and coupons for each installment of such interest shall be attached to each of said bonds. |
κ1877 Statutes of Nevada, Page 201 (CHAPTER 125)κ
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bearer, and the interest thereon shall be payable semi-annually, and coupons for each installment of such interest shall be attached to each of said bonds. Sec. 3. The principal of said bonds shall be payable to the amount of one thousand dollars each year, commencing with the date of the issuance thereof. Sec. 4. The Board of Trustees of said school district are hereby authorized, when in their judgment it may be advisable to build or purchase one or more school houses for said district in addition to the one now in use, to call a school meeting for the purpose of providing means therefor. Such meeting shall be called in the manner provided by law for calling meetings for the purpose of raising money for similar purposes in school districts, and if a majority of the persons in said district qualified to vote at said meeting shall vote to carry out the recommendation of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for, and to dispose of the same, and to erect or purchase and furnish the school house or houses provided for in this Act. Sec. 5. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Elko County, State of Nevada. Sec. 6. All moneys received from the sale of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Elko School District Number One Fund, and to pay out said money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Elko County. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 7. For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Elko County is hereby authorized and required, at the time of the annual levy of taxes for State and county purposes, for the year eighteen hundred and seventy-seven, and annually thereafter, to levy upon all the taxable property of said School District Number One of Elko County, an amount not exceeding one per cent. upon each one hundred dollars of all property subject to taxation according to law, and its value as assessed, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and levied, and shall be paid into the County Treasury and set apart as a fund which is hereby created, to be known as the Elko School District Number One Fund; and the money in said fund shall be paid out by the County Treasurer, in payment of the interest on the bonds aforesaid, as the same becomes due, and upon the presentation of coupons therefor, and upon the pre sentation and surrender of said bonds when the same become due. |
One thousand dollars payable each year. Trustees to call a meeting, etc.
Bonds, by whom signed.
Proceeds of bonds, how used.
Tax authorized for the payment of bonds. |
κ1877 Statutes of Nevada, Page 202 (CHAPTER 125)κ
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First installment of interest how paid. |
sentation and surrender of said bonds when the same become due. Sec. 8. To provide for the payment of the first installment of interest upon the bonds issued under the provisions of this Act, the Board of County Commissioners of Elko County is hereby authorized and required, at its last regular meeting before said interest and principal will become due, in case there is not sufficient money in said Elko School District Number One Fund to pay said interest and principal, to direct the County Treasurer to set apart from the General Fund of the County Treasury, to said Elko School District Number One Fund, a sufficient amount to pay said interest and principal, which amount shall be repaid out of the first moneys coming into said Treasury from taxes levied as aforesaid and belonging to said Elko School District Number One Fund. _____
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Inspector.
Apparatus to be provided. Seal.
Inspector to examine meters
Misdemeanor to use an uninspected meter. |
Chap. CXXVI.An Act to create Inspectors and to provide for the inspection of gas meters.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Chief of Police in every city and town in this State where such officer is, shall ex officio Inspector of Gas Meters within such city or town. Sec. 2. The said city or town shall provide and keep for the use of the Inspector suitable apparatus for testing the accuracy of gas meters. Sec. 3. The said city or town shall also provide a suitable seal with which to seal meters inspected by the Inspector and found to be correct. Sec. 4. The Inspector may appoint deputies, and shall, upon request, by himself or deputy, inspect and test the accuracy of any gas meter used or intended to be used for measuring the quantity of gas furnished by any person, persons, or gas company; and if found correct the same shall be sealed with his seal, and if not found correct shall be destroyed. No meter shall be accounted correct which registers an amount more than three per cent., greater or less, than the amount actually passed through it. Sec. 5. Any person, persons, or gas company placing or using for measuring gas a meter which has not been inspected by the proper Inspector, and which does not bear his seal, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars or more than one thousand dollars, to be paid into the Treasury of the city or town where such meter has been placed, used, or attempted to be used. |
κ1877 Statutes of Nevada, Page 203 (CHAPTER 126)κ
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fined not less than five hundred dollars or more than one thousand dollars, to be paid into the Treasury of the city or town where such meter has been placed, used, or attempted to be used. No charge for gas supplied through such a meter shall be collected, and if collected, the party from whom such collection was made shall be entitled to recover back ten times the amount so paid from the person, persons, or company to whom the same was paid. The refusal of a consumer to pay for gas so furnished shall afford no reason for a refusal to supply him with gas, and upon any such refusal the consumer shall have the right of recovery from the person, persons, or company so refusing, the sum of four hundred dollars liquidated damages. Sec. 6. When a meter, properly sealed, is once placed for the use of a consumer, an inspection may be had as often as the consumer may request the same; but he shall pay the fee therefor whenever the meter is found to be correct. When the meter is found incorrect, the person, persons, or company furnishing the same must pay the Inspectors fee, remove the meter and reset a correct one, or, upon failure so to do, forfeit and pay to the consumer the sum of four hundred dollars liquidated damages. Sec. 7. The fee of the Inspector for inspecting and sealing shall in each and every case be two dollars and fifty cents in gold coin, and this shall in no case be directly or indirectly collected from the consumer, except as in section six provided; and any such collection, or any attempt to make the same, shall be a misdemeanor, and upon conviction be punished by a fine of not less than five hundred nor more than a thousand dollars, to be paid, one half to the prosecutor and one half to the Treasurer of the town or city where the misdemeanor was committed. _____
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
Meter may be inspected at any time.
Who to pay for inspection
Fee, and how paid. |
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Chap. CXXVII.An Act to authorize the County Commissioners of Storey County to issue bonds for school purposes in the Virginia and Gold Hill School Districts, and to provide for the payment of the same.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Storey County are hereby authorized and directed, within sixty days after the passage of this Act, to prepare and issue the bonds of said county to the amount of one hundred thousand dollars, in the form hereinafter specified, and to dispose of the same in the manner hereinafter provided. |
Bonds authorized. |
κ1877 Statutes of Nevada, Page 204 (CHAPTER 127)κ
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Bonds, how prepared.
Bonds, how disposed of.
Funds received, how used.
Money to be set apart.
Bonds, how redeemed. |
the form hereinafter specified, and to dispose of the same in the manner hereinafter provided. Sec. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient, but no bonds shall be for a less 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 not exceeding twelve per cent. per annum, payable semi-annually on the first days of January and July of each year, at San Francisco, State of California. The bonds shall be payable to the person in whose name such bonds are issued, or to his order, at the Bank of Nevada in said San Francisco, or at the office of the County Treasurer of said county, at the option of the owner of the bonds, in five years from the date. The bonds shall be prepared in proper form under the direction of the Board, and shall be signed by the President of the Board and countersigned by the Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board. Sec. 3. The Board of County Commissioners of said county, after said bonds shall have been so prepared and signed, shall appoint some competent and disinterested person to dispose of said bonds, and said bonds shall be delivered to the person so appointed, and he shall be thereupon authorized and directed to dispose of them of any part thereof; but the rates at which said bonds shall be disposed of shall be fixed by said Board, and may be changed from time to time, as they may order. Sec. 4. All funds derived from the sale of said bonds, or any of them, shall be paid into the County Treasury of Storey County, for the use and benefit of the Virginia and Gold Hill School District, in said county. The amount derived from the sale of seventy thousand dollars of bonds, as provided in section one of this Act, to be for the use and benefit of the Virginia School District, and the amount derived from the sale of thirty thousand dollars of said bonds, to be for the use and benefit of the Gold Hill District; and said funds shall not be liable for use or appropriation for any other purpose; and said funds shall be paid out by the Treasurer of said county in the same manner as is not provided by law for the payment of money from funds in said Treasury appropriated for the use of said district. Sec. 5. From the money received by the County Treasurer of said county for the use and benefit of the said Virginia and Gold Hill School Districts, there shall be annually set apart the sum of twenty-two thousand dollars, which sum shall be placed by said Treasurer in a separate fund, to be called the School Bond Interest and Sinking Fund, and shall be applied: First-To the payment of the semi-annual interest upon said bonds, as above directed. Second-To the redemption of said bonds, as hereinafter provided. Sec. 1 [6.] Whenever all interest due upon said bonds shall have been fully paid, and there shall be in said fund a surplus, which upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of future interest to accrue within the next succeeding twelve months, |
κ1877 Statutes of Nevada, Page 205 (CHAPTER 127)κ
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months, the Board of School Trustees of said Virginia and Gold Hill School Districts, after having ascertained the amount of surplus, shall insert an advertisement in at least one newspaper published in said county, for a period of not less than four weeks, stating the amount of money on hand to be applied in 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 named therein. At the next meeting of the Board 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. -
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
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Chap. CXXVIII.An Act to grant the right of way for an endless wire rope railroad from a point in the City of Virginia, in the County of Storey, to a point in the Town of Gold Hill, in the same county, and to protect the same.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is granted by this Act to A. H. Mathesius, and his associates and assignees, and their successors in interest therein, the right of way for the survey, location, construction, and maintenance of an endless wire rope railroad from and commencing at or near the junction of C street with Ridge street, in the City of Virginia, in the County of Storey, and running thence to Bullion Ravine, at or near where the Ophir Grade crosses said ravine; thence down Bullion Ravine, Main street, to Telegraph street; and thence along Telegraph street to Petaluma street, in Lower Gold Hill, in said County of Storey; provided, that said right of way shall not exceed twelve feet in width along the line of said road. Sec. 2. The right to excavate for the purpose of such railroad, to grade, to throw up embankments necessary for such road, and to cut and use stone and earth along the line of said road, and appurtenant thereto, is hereby granted to the said Mathesius, and his associates and assignees and successors in interest in said road; and they shall commence the construction of the same within ninety days from the passage of this Act, and they shall complete and operate the same within eighteen months from the expiration of the above mentioned ninety days. |
Franchise granted.
May excavate, etc.
Time of commencement and completion. |
κ1877 Statutes of Nevada, Page 206 (CHAPTER 128)κ
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May make rules, bylaws, etc.
Maximum fare to be charged.
May cross streets, etc,
To have the right of way against teams.
Misdemeanor to obstruct said road.
Penalty.
Road to be taxed.
Property, how appraised. |
eighteen months from the expiration of the above mentioned ninety days. Sec. 3. The said A. H. Mathesius and his associates and assignees, and their successors in interest in such road, may elect from their number such directors and officers as they may deem proper and necessary to complete their organization and to carry on the business of said road, and they shall have power to adopt such rules and by-laws for their government and for the proper management of the business of said road. They shall have the right to regulate fares over said road; provided, they shall in no case charge more than fifteen cents to any one passenger for passage over said road; and such rules and by-laws, when adopted, shall be binding on the said Mathesius and his associates and assignees, and their successors in interest in said road. Sec. 4. The said Mathesius and his associates and assignees, and their successors in interest, may construct said road across and public or private road, highway, or railroad, and along any public or private road, highway, street, or property; provided, that nothing in this Act shall be construed so as to allow said road to obstruct or interfere with the free use of any railroad, road, highway, street, or mine, or to cross the inclosed or other land of any person or persons without having first paid a just compensation therefor; and, provided further, that no team, wagon, buggy, or carriage shall obstruct the cars which may run along said railroad, at any time or place, but shall turn out and give the way to such cars. Sec. 5. If any person shall willfully obstruct, destroy, or in any way injure said road, or anything belonging thereto, or any materials to be used in the construction thereof, or any building, fixture, or car, erected or constructed for the use of said road, such person shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, and not more than two hundred dollars, and shall be subject to imprisonment of one day for every two dollars of such fine, to be assessed by the Court before whom such person shall be found guilty; and in addition to such punishment such person shall be liable to the said Mathesius, and his associates and assignees, and their successors in interest in said road, in treble the damage occasioned by such injury, to be recovered by a civil action in any Court having jurisdiction of the amount claimed in damages. Sec. 6. Said road and its appurtenances shall be subject to the same rates of taxation as other property in this State. Sec. 7. If the said Mathesius and his associates and assignees, or their successors in interest, be usable to agree respecting the purchase of any land over which said road shall pass, and belonging to any private person, or if the owner or owners of such land shall refuse to sell the right of way across the same, at such valuation as the said Mathesius and his associates and assignees, or their said successors in interest, shall claim reasonable and just, the said Mathesius and his associates and assignees, or their successors in interest in said road, shall select one appraiser, and said owner or owners shall select one; provided, that if the said owner or owners of such property shall fail or refuse, |
κ1877 Statutes of Nevada, Page 207 (CHAPTER 128)κ
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shall fail or refuse, on request, to appoint or select an appraiser, as provided for in this section, it shall be the duty of the District Judge, on petition therefor, at chambers or otherwise, in said county, to appoint such appraiser, and the two appraisers so selected or appointed shall select a third, and the three appraisers thus selected shall appraise the real estate, or property sought to be appropriated as a way for said road, after having been first sworn before some officer authorized to administer oaths, to make a true appraisement of the damage of such right of way across said property. Within five days after the report of said appraisers shall be made, notice thereof shall be given to both the parties, viz: To the owner or owners of such land, and to the parties in interest in said road; and upon the parties last named paying to such owner or owners the sum found, as a just compensation therefor by said appraisers, or a majority of said appraisers, the said owner or owners shall execute and acknowledge, in due for of law, and deliver to the parties in interest in said road, a good and valid deed of release of the right of way on and over such land and property; and upon failing so to do, it shall be lawful for the parties in interest in said road to petition the District Court of the First Judicial District of this State for a condemnation and sale of the right of way across such land, which said District Court is hereby authorized to order, decree, and enforce. Sec. 8. This Act shall be in force for the term of thirty years from and after its passage. -
This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, Secretary of State. |
How long to be in force. |