[Rev. 5/3/2022 8:36:19 PM]
κ1879 Statutes of Nevada, Page 11κ
LAWS OF THE STATE OF NEVADA,
Passed at the
Ninth Session of the Legislature,
1879.
________
|
Chapter. I.An Act to create a State Legislative Fund.
[Approved January 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the salaries of the members and attaches of the present Legislature, the mileage of the members, and the incidental expenses of the respective Houses, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of ninety thousand dollars, which shall constitute a fund to be denominated the State Legislative Fund. The State Controller is hereby authorized and required to draw his warrant on said fund in favor of the members and attaches of the Senate and Assembly, for stationery allowance, mileage, compensation, and incidental expenses of the respective Houses, when properly certified to him, in accordance with law; and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. All demands against said fund are hereby exempted from the operations of an Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer, approved February 7, 1865. Sec. 3. Any money that remains in the fund created by this Act, upon the adjournment of the Legislature, shall revert to the General Fund. |
State Legislative Fund created.
Exempt from act relating to Board of Examiners. Surplus remaining to revert to General Fund. |
________
κ1879 Statutes of Nevada, Page 12κ
|
Controller directed to draw warrant.
Treasurer directed to pay. Proviso.
Certificate.
Certificate. |
Chap. II.An Act for the Relief of P. C. Hyman, ex-Warden of the State Prison.
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 Treasury of said State, in favor of P. C. Hyman, for the sum of eleven hundred dollars, in gold coin of the United States, payable out of the State Prison Fund, for the payment of the services of said Hyman, as Warden, for the period of four months and twelve days, being the period of time said Hyman was suspended from the performance of the duties of Warden, and the said Treasurer is hereby authorized and directed to pay said warrant, out of said fund, Provided, that the said P. C. Hyman pay over to the State Treasurer, all the money now in his hands belonging to the State.
This is to certify, that Assembly Bill No. one hundred and forty-five (145)-An Act for the relief of P. C. Hyman, ex-Warden of the State Prison, (passed at the eighth session of the Nevada Legislature,) passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 37; nays, 8. HENRY A. GASTON, J. M. WOODWORTH, Speaker of Assembly. Chief Clerk of Assembly.
This is to certify, that Assembly Bill No. one hundred and forty-five (145)-An Act for the relief of P. C. Hyman, ex-Warden of the State Prison, (passed at the eighth session of the Nevada Legislature,) passed the Senate this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 21; nays, 1 S. W. ADAMS, GEO. I. LAMMON, President of the Senate. Secretary of Senate. |
________
κ1879 Statutes of Nevada, Page 13κ
|
Chap. III.An Act supplemental to an Act entitled An Act to legalize certain contracts made by the Mayor and Board of Alderman of the City of Virginia, Storey County, State of Nevada, and the Virginia and Gold Hill Water Company, of the same place, and for the issuance and sale of bonds for the payment of said indebtedness thereof incurred, approved January twenty-second, eighteen hundred and seventy-seven.
[Approved January 24, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The unpaid and outstanding bonds, issued pursuant to the provisions of the Act, to which this is supplemental, shall, from and after the passage of this Act, become due and payable, as follows: Twenty-eight thousand dollars of the bonds due and payable on the first day of February, 1879, according to section two of said Act, shall become due and payable on said first day of February, 1879, and the remaining twenty-eight thousand dollars of said bonds, due and payable on said first day of February, 1879, according to section two of said Act, shall become due and payable on the first day of February, 1880, twenty-eight thousand dollars of the bonds due and payable on the first day of February, 1880, according to section two of said Act, shall become due and payable on the first day of February, 1881; and the remaining twenty-eight thousand dollars of said bonds, due and payable on said first day of February, 1880, according to section two of said Act, shall become due and payable on the first day of February, 1882; twenty-eight thousand dollars of the bonds due and payable on the first day of February, 1881, according to section two of said Act, shall become due and payable on the first day of February, 1883; and the remaining twenty-eight thousand dollars of said bonds due and payable on the said first day of February, 1881, according to section two of said Act, shall become due and payable on the first day of February, 1884. Sec. 2. In order to determine priority of payment between bonds payable at the same time as provided by section two of the Act, to which this is supplemental, it shall be the duty of the Mayor and Board of Alderman of the City of Virginia to determine the order of payment by lot, at a public meeting of said Board of Alderman, to be held on or before the first day of November, of the years when it shall be necessary to determine such priority; provided, that for the purpose of determining priority of payments of bonds payable on the first day of February, 1879, as by said section two provided, such meeting may be held at any time prior to the payment of the bonds which shall become due February 1, 1879. |
Providing for payment of bonds, as to time, amounts.
Mayor and Board of Aldermen, order of payment by lot, etc.
Proviso as to payments Feb. 1, 1879. |
________
κ1879 Statutes of Nevada, Page 14κ
|
Number of Notaries Public to be appointed.
Proviso. |
Chap. IV.An Act to amend an Act entitled an Act to amend an Act entitled an Act to amend section one of an Act to amend an Act passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of notaries public, and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, approved March twentieth, one thousand eight hundred and sixty-five, approved February ninth, one thousand eight hundred and sixty-six, approved March thirteenth, one thousand eight hundred and sixty-seven.
[Approved January 27, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act is hereby amended so as to read as follows: Section one. The Governor is hereby authorized to appoint and commission notaries public in the several counties in this State, as follows: For Storey County, twelve; Lander County, sixteen; Nye County, sixteen; Churchill County, four; Esmeralda County, ten; Ormsby County, four; Humboldt County, sixteen; Washoe County, nine; Douglass County, five; Lyon County, eight; Roop County, two; Eureka County, ten; Elko County, twelve; White Pine County, ten; Lincoln County, eight; and for any new county hereafter created or organized, six, who shall hold office for the term of two years; provided, the Governor may at any time for cause revoke the commission of any notary public appointed under the provisions of this Act. |
________
|
Public use Legislative Hall prohibited.
Capitol Commissioners, etc. no power to permit persons, etc., to occupy Halls. |
Chap. V.An Act concerning the use of the Legislative Halls in the Capitol Building.
[Approved January 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act, the public use of the Legislative Halls, in the State Capitol Building, except during the biennial sessions of the Legislature, is hereby prohibited. Sec. 2. The State Board of Capitol Commissioners, Judges of the Supreme Court, other State officers, or any person in authority, shall have no power to permit any persons, corporations, courts or assemblage of persons, to occupy the aforesaid Legislative Halls, for the transaction of any public business whatever. |
κ1879 Statutes of Nevada, Page 15 (CHAPTER 5)κ
|
Sec. 3. It shall be the duty of the State Capitol Commissioners to take charge of the aforesaid Legislative Halls immediately after the final adjournment of each session of the Legislature, and to strictly enforce the provisions of this Act. |
Capitol Commissioners to take charge of Halls, etc. |
________
|
Chap. VI.An Act to amend 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, A. D. 1877.
[Approved January 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. All money in the Territorial Interest and Sinking Fund, together with all securities now in said fund, and all money coming into said fund from other sources, and also all securities and money now in, or coming into, 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 Governor, Attorney-general, Superintendent of Public Instruction, Surveyor-general, State Controller and State Treasurer. The Governor shall be chairman, and the Superintendent of Public Instruction secretary of said board. Sec. 2. Section three is hereby amended so as to read as follows: Section Three. 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 rate of premium as would guarantee to the purchaser four and one half 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, 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, and seventy-five thousand dollars in money now in the Territorial Interest and Sinking Fund, and three hundred and twenty-five thousand dollars in United States Bonds and money in the State School Fund, and no more. |
Money may be used for purchasing State bonds for benefit of the State School fund
Board of Commissioners. Chairman and Secretary. Conditions of purchase
Authorized to exchange bonds, etc. Proviso. |
κ1879 Statutes of Nevada, Page 16 (CHAPTER 6)κ
|
Bonds upon purchase to be issued to State School Fund, etc.
Tax authorized.
Resources of the Territorial Fund in case of failure to purchase.
Repeal. |
Sinking Fund, and three hundred and twenty-five thousand dollars in United States Bonds and money in the State School Fund, and no more. Sec. 3. Section four of said Act is hereby amended so as to read as follows: Section Four. Upon the purchase of the bonds herein mentioned, the Board of Commissioners shall surrender them to the State Treasurer for cancellation, 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 bond shall be engrossed on parchment and deposited with the Treasurer of the State. The interest on said bond shall be paid semi-annually, on the first days of January and July of each year, on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the 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. 4. Section five of this [said] Act is hereby amended so as to read as follows: Section Five. There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and seventy-nine, and annually thereafter, an ad valorem tax of eight cents upon each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of the mines, 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. 5. Section seven of said Act is hereby amended so as to read as follows: Section Seven. 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 fifteenth and sixteenth 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, or that may be placed in said fund; and, Second. All money from the tax herein levied for a Territorial Interest Fund. Sec. 6. Section eight of the Act to which this Act is amendatory is hereby repealed. |
________
κ1879 Statutes of Nevada, Page 17κ
|
Chap. VII.An Act amendatory of, and supplemental to, an Act entitled An Act to provide for the payment of the State Debt proper, approved January twenty-eight, A. D. eighteen hundred and seventy-five.
[Approved January 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. The amount now in the State Interest and Sinking Fund, whether in bonds or money, together with all sums coming into said fund from other sources, shall, under the unanimous directions of a Board of Commissioners, consisting of the Governor, Superintendent of Public Instruction, Surveyor-general, Attorney-general, Secretary of State, Controller, and State Treasurer, be used as follows: First. In the purchase of the bonds issued under the authority of the Act herein mentioned, if such purchase can be made at such rate of premium as would guarantee to the purchaser four and one half per cent. per annum interest on the amount paid during the life of the bonds; Second. In United States four per cent. bonds. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. From and after the passage of this Act the State Interest and Sinking Fund provided for in this Act herein named, shall consist of amounts derived from the delinquent taxes, heretofore payable into said fund, of United States or California State bonds now in, or that may hereafter come into said fund, together with the amounts derived from interest on said bonds, and of amounts derived from an ad valorem tax hereby levied of two cents upon each one hundred dollars of the taxable property in this State, which shall be levied and collected for the fiscal year commencing January first, eighteen hundred and seventy-nine, and annually thereafter, until all the bonds, both principal and interest, issued under the provisions of the Act herein named, shall have been fully paid, or their payment at maturity shall have been fully provided for; provided, that no portion of any tax whatsoever levied on the proceeds of the mines shall be construed to form any part of the revenue appropriated by this section for the payment of the interest on, or redemption of the bonds hereinbefore mentioned. Sec. 3. Section five of said Act is hereby amended so as to read as follows: Section Five. Immediately after the passage of this Act, the commissioners herein named may advertise in one or more daily papers published in this State, and in the cities of San Francisco and New York, for sealed proposals for the surrender of bonds provided to be paid by this Act. They shall advertise the amount of money on hand applicable to the redemption of such bonds; and they may accepts bids calling for no higher rate of premium than would guarantee the purchaser four and one half per cent. |
Moneys, etc., in Fund, how used. Board of Commissioners. Purchase of Nevada bonds.
U. S. Bonds.
State Interest and Sinking Fund, what to consist of
Ad valorem tax levied.
Proviso. No portion of tax in proceeds of mines to go into fund. Advertise for proposals for surrender of bonds. |
κ1879 Statutes of Nevada, Page 18 (CHAPTER 7)κ
|
Money, how invested on refusal to accept bids.
Territorial Bonds and money belonging to School Fund to be surrendered to Commissioners named in this act.
Bonds to be surrendered and canceled. Commissioners to report to Legislature Repeal. |
rate of premium than would guarantee the purchaser four and one half per cent. per annum interest on the amount paid for said bonds for the time they have yet to run; or, refusing all such bids, invest the money in any of the afore-mentioned bonds, as in their judgement would be for the best interests of the State. Sec. 4. The commissioners appointed under an Act entitled 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, and having in charge the bonds and money belonging to said school fund, are hereby required, immediately after the passage of this Act, to surrender to the Commissioners named in section two of this Act, all bonds now in said school fund, or that may come into said fund, hereafter known as the State Bonds proper, upon receiving from said commissioners the amount of principal and interest due upon said bonds, together with such premium as may have been paid in the purchasing of said bonds, up to date of such redemption. Sec. 5. Upon the purchase of the bonds herein mentioned, the Board of Commissioners shall surrender them to the State Treasurer for cancellation. Sec. 6. The commissioners herein named shall report to the Legislature, at the beginning of each session, in detail, all their doings under the provisions of this Act. Sec. 7. All Acts and parts of Acts, in so far only as they conflict with the provisions of this Act, are hereby repealed. |
________
|
Treasurer prohibited from drawing warrants.
Redemption Fund to be created.
Board to cause to be transferred to Redemption Fund, etc. |
Chap. VIII.An Act to provide for the payment of certain indebtedness, accrued and to accrue, of White Pine County.
[Approved January 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act, it shall not be lawful for the Treasurer of White Pine County to pay any warrant now outstanding drawn on the General Fund of said County, or which may be drawn on said Fund hereafter, until said Fund shall have been placed upon a cash basis, except in the manner hereinafter provided. Sec. 2. The Board of Commissioners of said County are hereby authorized and directed, from and after the passage of this Act, to create, in the County Treasury of said County, a fund to be known as the Redemption Fund of said County. As soon after the passage of this Act as may be practicable, said Board shall cause to be transferred into said Redemption Fund twenty per cent. of all County revenues in the General Fund of said County, at the time of the taking effect of this Act; and the County Treasurer of said County is hereby expressly prohibited from paying out any portion of said twenty per cent. |
κ1879 Statutes of Nevada, Page 19 (CHAPTER 8)κ
|
County Treasurer of said County is hereby expressly prohibited from paying out any portion of said twenty per cent. of said revenues from said Treasury, until the said order of transference to be made by said Board, as hereinafter provided for, is duly certified to such Treasurer, and said Board shall cause twenty per cent. of all County revenues paid into the Treasury of said County after the passage of this Act to be placed in said Redemption Fund as soon as paid into said Treasury. The money placed in the Redemption Fund created by this Act shall be disbursed as hereinafter provided. Sec. 3. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of the County Treasurer of said county to give ten days notice by posting at the court-house door of said county that sealed proposals, directed to him, will be received for the surrender of County Warrants on the General Fund of said county, issued prior to the passage of this Act, or pursuant to the provisions thereof, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said County thereafter. Sec. 4. On the first day of such regular meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and there and then open all sealed proposals then received, and accept the lowest bid or bids for the surrender of County Warrants, 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 warrant or warrants proposed to be surrendered; and provided further, that said Board shall, if it shall deem it for best interest of said county, reject all bids, and order the Treasurer to re-advertise, said Board shall, on opening and accepting bids, apply all funds then in said Redemption Fund, if there be accepted bids sufficient to cover the amount. Sec. 5. When any bid or bids are accepted, the County Auditor and County Treasurer shall each take a description of the warrant or warrants to be redeemed, specifying the amount to be paid for each warrant surrendered, the date, number and amount thereof, and make a record thereof in their respective offices; and thereupon the Board of County Commissioners shall, by order entered on their minutes, direct the County Treasurer to purchase the warrant or warrants designated in the accepted bid or bids, and pay therefor out of said Redemption Fund; and all warrants so redeemed shall be canceled by the County Treasurer, who shall write across the face thereof, in carmine, purchased and redeemed, adding thereto the time, when, and the amount paid therefore, and signing the same officially. The order of the Board of Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants for the least sum of money. The bids and amounts of warrants being equal, each shall be accepted and paid pro rata as nearly as possible. |
Treasurer prohibited from paying out, etc.
Disbursed.
Treasurer to give notice of proposals for surrender of warrants.
Sealed proposals to be opened.
Proviso.
Proviso.
Duty of Auditor and Treasurer when bids accepted.
Cancellation.
Equal bids. |
κ1879 Statutes of Nevada, Page 20 (CHAPTER 8)κ
|
Unaccepted bids to be returned. Separate account.
Warrants to be paid out of Redemption Fund.
Repeal. |
bids and amounts of warrants being equal, each shall be accepted and paid pro rata as nearly as possible. The County Treasurer shall return all unaccepted bids, with the warrants therein contained, to the owners, on demand. The County Treasurer shall keep a separate account, under the head of Redemption Fund, of all moneys received therein, of all moneys paid out thereof, and when, and to whom paid; he shall also, on the register of county warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word purchased, when, and the amount paid therefor. Sec. 6. All warrants against the General Fund of said county now outstanding, and all hereafter issued, until said General Fund shall have reached a cash basis, shall be paid out of the Redemption Fund created by this Act, and in manner herein provided; and as soon as said General Fund shall have reached a cash basis, this Act shall cease to operate, and be obsolete. Sec. 7. All officers of said county who shall render any services, official or otherwise, under the provisions of this Act, shall do so free of charge or fee. Sec. 8. All Acts and parts of Acts heretofore passed, so far only as in conflict with the provisions of this Act, are hereby repealed. |
________
|
Authorized to issue bonds.
Rate of interest. When and where payable. |
Chap. IX.An Act to amend Section One of an Act entitled An Act to authorize the County Commissioners of Esmeralda County to issue certain bonds, and to provide for the payment of same, which became a law on the fourteenth day of March, eighteen hundred and seventy-seven.
[Approved January 31, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
[Section 1.] Section 1 of said Act is hereby amended to read as follows: Section One. 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 ten 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. |
κ1879 Statutes of Nevada, Page 21 (CHAPTER 9)κ
|
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. |
Money to be set apart to pay bonds. |
________
|
Chap. X.An Act to Provide for the Payment of certain Legislative expenses of the year eighteen hundred and seventy-five.
[Approved February 4, 1879.]
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 C. C. Stevenson, President pro tem. of the Senate, for the sum of one hundred and twenty dollars, for services rendered as President pro tem. of the Senate, during the session of the Legislature, of eighteen hundred and seventy-five, and the State Treasurer is hereby authorized and required to pay the same. |
Controller authorized to draw warrant.
Treasurer to pay same. |
________
|
Chap. XI.An Act to repeal an Act entitled An Act to incorporate the town of Eureka, approved March one, eighteen hundred and seventy-seven.
[Approved February 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act to incorporate the town of Eureka, approved March one, eighteen hundred and seventy-seven, is hereby repealed. |
Act repealed. |
________
κ1879 Statutes of Nevada, Page 22κ
|
Capitol Commissioners duty in relation to vault in Treasurers office. Majority of quorum.
Power of board. Warden prison to prepare stone.
Debts, etc., how allowed and paid.
Appropriation.
Report of Board.
Money remaining. |
Chap. XII.An Act to provide for the safe-keeping of the moneys of the State of Nevada.
[Approved February 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Capital Commissioners are hereby constituted a Board of Commissioners, for the purpose of erecting a suitable vault in the office of State Treasurer, and placing a burglar-proof safe therein. Sec. 2. A majority of said board shall constitute a quorum for the transaction of business. The board, as constituted herein, shall have power to contract for and supervise the construction of a suitable vault in the office of State Treasurer; also, to purchase and place therein a burglar-proof safe. The Warden of the State Prison shall cause to be prepared and delivered to said Board of Commissioners at said prison, free of charge, such stone for the erection of said vault as may be required by said Board of Commissioners. Sec. 3. All debts contracted under the provisions of this Act shall be allowed, audited and paid in the same manner as other proper charges against the State, after first receiving the approval of said Board of Commissioners. Sec. 4. The sum of six thousand dollars is hereby appropriated out of any moneys now in, or hereafter coming into the General Fund, not otherwise especially appropriated, for the purpose of carrying out the provisions of this Act. Sec. 5. It shall be the duty of the board to make a full report of its acts to the next Legislature. Sec. 6. Any money remaining in said fund, at the completion of the work, shall revert to the General Fund. |
________
|
Money appropriated to reimburse. |
Chap. XIII.An Act to reimburse James Holland, for money expended in the prosecution of Jerry Sloan, Isaac McManus, Charles Newman, and William Dean, for the murder of Benjamin Holland and W. H. Carter.
[Approved February 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seven hundred and forty-seven dollars is hereby appropriated out of any money in the State Treasury, not otherwise specially appropriated, to reimburse James Holland, of Lincoln County, for money expended by him in the prosecution of Jerry Sloan, Isaac McManus, Charles Newman, and William Dean, |
κ1879 Statutes of Nevada, Page 23 (CHAPTER 13)κ
|
and William Dean, for the murder of Benjamin Holland and W. H. Carter. Sec. 2. The State Controller is hereby directed to draw his warrant upon the State Treasurer, in favor of James Holland, for the sum of seven hundred and forty-seven dollars; and the State Treasurer is hereby directed to pay the same out of the money appropriated by section one of this Act. |
Controller to draw warrant. Treasurer to pay. |
________
|
Chap. XIV.An Act to amend an Act entitled An Act to regulate the settlement of the estate of deceased persons, approved November twenty-ninth, eighteen hundred and sixty-one.
[Approved February 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventy-six of said Act is hereby amended so as to read as follows: Section Seventy-six. In all cases wherein bonds are required by this Act, the sureties may justify, on oath, before any officer who is authorized by law to administer oaths, and take acknowledgments, to the effect that said sureties are householders, or freeholders resident within this State and worth the amount justified to, over and above their debts and liabilities, exclusive of property exempt from execution. Such justification shall be in writing, and signed by the person justifying, and certified to by the officer before whom the same be taken; the same to be attached to and filed with the bond. Whenever the penal sum of the bond amounts to more than two thousand dollars, the sureties may be allowed to become liable for portions of said penal sum, making in the aggregate the whole penal sum of such bond. |
Justification of sureties. |
________
|
Chap. XV.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 eight, eighteen hundred and sixty-nine, approved March fifth, eighteen hundred and seventy-five.
[Approved February 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and forty-one of said Act is amended so as to read as follows: |
|
κ1879 Statutes of Nevada, Page 24 (CHAPTER 15)κ
|
Undertaking on appeal, etc.
Proviso.
Repeal. |
Section Three Hundred and Forty-one. To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars; or that sum shall be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal. Such undertaking shall be filed, or such deposit made with the clerk, within five days after the notice of appeal is filed; provided, however, that nothing in this section shall apply when the State of Nevada, or any county of the State of Nevada, is the appellant; nor shall such undertaking, as provided for in this section, be necessary to perfect such appeal, when the action or proceeding is brought for and in the name of this State, or for and in the name of any county in the State. All Acts and parts of Acts in conflict with this Act, are hereby repealed. |
________
|
Commissioners authorized to transfer moneys. |
Chap. XVI.An Act to enable the Commissioners of Eureka County to Liquidate certain Indebtedness against the Road Fund of Eureka Road District No. 1.
[Approved February 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Commissioners of Eureka County, are hereby authorized and empowered to transfer from the General and Current Expense Funds of said County, to the Road Fund of Eureka Road District No. 1, a sufficient sum, not exceeding sixteen hundred dollars, to liquidate all just and legal claims against said District Road Fund, up to, and inclusive of the date of the approval of this Act. |
________
|
Appropriation for deficiencies |
Chap. XVII.An Act to pay the deficiencies in the appropriations for the thirteenth and fourteenth fiscal years.
[Approved February 11, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-one thousand six hundred and twenty-three dollars and twenty-one cents, is hereby appropriated out of any money in the General Fund of this State, for the payment of the deficiencies in the appropriations for the thirteenth and fourteenth fiscal years, as follows: |
κ1879 Statutes of Nevada, Page 25 (CHAPTER 17)κ
|
for the payment of the deficiencies in the appropriations for the thirteenth and fourteenth fiscal years, as follows:
For deficiencies in the appropriation for State Printing and official advertisement: To J. J. Hill, two thousand six hundred and sixty-seven dollars and forty-two cents. To J. J. Hill, three hundred and seventy-five dollars and fifty cents. To J. J. Hill, six hundred and forty-four dollars and seventy cents. To J. J. Hill, twelve hundred and thirty-nine dollars and ninety-five cents. To J. J. Hill, eight hundred and twenty-eight dollars and forty-four cents. To J. J. Hill, eight hundred and three dollars and seventy-six cents. To J. J. Hill, four hundred and four dollars and nine cents. To J. J. Hill, six hundred and forty-two dollars and sixty-seven cents. To J. J. Hill, two hundred and eighty-nine dollars and eighty-two cents. To J. J. Hill, two hundred and fifty-three dollars and twenty cents. To J. J. Hill, one hundred and fifty-one dollars and forty-six cents. To C. A. V. Putnam, two hundred and sixty dollars. To Fairchild and Dennis, seventy dollars. To Enterprise Publishing Company, two hundred and thirty-two dollars. To Virginia Evening Chronicle, fifty dollars. To Nevada Tribune, fifty dollars. To H. R. Mighels, two hundred and forty-six dollars. To Reese River Reville, fifty dollars. To Record Publishing Company, thirty-one dollars. To E. F. Reed, fifty dollars. To Eureka Daily Leader, thirty dollars. To Reno Evening Gazette, thirty dollars. To J. J. Hill & Co., fifty-eight dollars. To Frank McCrellish, twenty-four dollars. To Bulletin Company, one hundred and twenty-five dollars. To Esmeralda Herald, twenty-four dollars. To Sutro Independent, twenty-nine dollars. To White Pine News, twenty-four dollars. To Gold Hill Daily News, fifty-seven dollars. To C. C. Powning, seventy dollars. To Belmont Courier, twenty-four dollars. To Footlight, seventeen dollars. To Robins and Sterling, five dollars. To Cherry Creek Independent, nine dollars. To E. A. Littlefield, fifteen dollars. To R. W. Simpson, twenty-four dollars. To W. B. Taylor, fifteen dollars. |
State printing. |
κ1879 Statutes of Nevada, Page 26 (CHAPTER 17)κ
|
Indigent insane.
Orphans Home. |
To Lyon County Times, thirty-three dollars. To The Stage, twenty dollars. For deficiencies in the appropriation for the support of the Indigent Insane: To Drs. Langdon and Clark, six thousand nine hundred and twenty-four dollars. To M. L. Yager, thirty dollars and thirty-five cents. To A. K. Lamb, two hundred and twenty-five dollars. To S. T. Swift, one hundred and ninety-six dollars and eighty-five cents. To C. A. Kyle, one hundred and thirty-one dollars and seventy-five cents. To James Sias, three hundred and eighteen dollars. To T. E. Kelley, ninety-eight dollars and fifty cents. To H. P. Burnham, ninety-three dollars and sixty-two cents. For deficiencies in the appropriation for the support of the Orphans Home: To Harris Brothers, three hundred and ninety-three dollars and twenty-three cents. To L. W. Ray, one hundred and thirty-three dollars and eighty-seven cents. To Mrs. G. B. Webb, one hundred and twenty-five dollars. To G. B. Webb, one hundred and twenty-five dollars. To E. M. Hunt, thirty-two dollars and ninety-three cents. To J. W. Robinson, sixteen dollars and eighty-two cents. To V. and T. R. R. Co., thirty-six dollars and fifty-one cents. To G. Perasich, twenty-two dollars and fifty cents. To R. Fred. Brooks, two dollars and twenty-four cents To Harris Brothers, four hundred and eighty-five dollars and seventy-six cents. To Rice and Tickner, four hundred and thirty-two dollars and sixty cents. To Mrs. G. B. Webb, two hundred and fifty dollars. To G. B. Webb, two hundred and fifty dollars. To John Rosser, two hundred and ninety-three dollars and twenty-five cents. To O. P. Willis, two hundred and twenty-one dollars. To Remstein and Gibson, one hundred and forty-nine dollars and fifty-cents. To Miss M. Daig, ninety dollars. To Miss A. Mahoney, ninety dollars. To Miss E. Verrill, seventy-five dollars. To Harris Brothers, seventy-three dollars. To Geo. W. Kitzmeyer, sixty-eight dollars and twenty-five cents. To Carson Water Company, sixty-four dollars and twenty-five cents. To S. P. Kelley, sixty-five dollars. To Peter Cavanaugh, forty-five dollars and thirty-two cents. To Alfred, forty-dollars. To Nellie Andrews, twenty dollars. To L. A. Herrick, sixteen dollars. To George C. Thaxter, fifteen dollars and ten cents. |
κ1879 Statutes of Nevada, Page 27 (CHAPTER 17)κ
|
Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the persons named, with the several amounts specified in section one of this act, and the State Treasurer is hereby directed to pay the same. |
Controller to draw warrants, etc. |
________
|
Chap. XVIII.An Act to ascertain and express the will of the people of the State of Nevada, upon the subject of Chinese immigration. Whereas, it is expedient that the wishes of the people of this State, upon the subject of Chinese immigration, should be unmistakably expressed, therefore,
[Approved February 11, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That thirty days prior to the next general election in this State, the Governor shall issue his proclamation, calling upon the electors to signify at said election their will as to the continuance or prohibition of Chinese immigration, by placing upon their ballots the words, For Chinese Immigration, or the words, Against Chinese Immigration; and the inspectors, and the judges of election, at each and every poll in the State, shall ascertain and make returns of the number of votes cast For Chinese Immigration, and the number of votes cast Against Chinese Immigration, in like manner as other votes are required to be counted and returned, and an abstract thereof shall be transmitted by each county clerk in the State to the Secretary of State, in the same manner that votes for State officers are now required to be transmitted. Sec. 2. The Secretary of State shall make a complete abstract of the votes given at such election, and certify the same to the Governor. Sec. 3. The Governor shall prepare a memorial from the people of the State of Nevada, attested by the Secretary of State, with the Great Seal of the State attached, setting forth in brief the question submitted to the electors, and the vote thereon, and send copies thereof to the President and Vice-President of the United States, to each Cabinet Minister, Senator, and member of the House of Representatives, and the Governor of each State and Territory. |
Governor to issue proclamation, etc.
Secretary of State to make abstract. Governor to prepare memorial. |
________
κ1879 Statutes of Nevada, Page 28κ
|
Discrimination unlawful by railroads wholly or part in this State. What constitutes discrimination.
Transportation, facilities furnished.
Property treated and considered as one continuous carriage.
No break, stoppage, or interruption to prevent continuous carriage.
Proviso.
Unlawful to allow rebates, drawbacks, etc.
Unlawful to make combinations to prevent continuous carriage. |
Chap. XIX.An Act to Prevent Discrimination in Fares and Freights by Railroad Companies whose railroads run through the State of Nevada, or by Railroad Companies, the terminus or termini of whose railroads are within the State of Nevada.
[Approved February 12, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad, whose railroads are wholly or in part in the State of Nevada, from any boundary of said State, to any point in said State, or from any point in said State to any boundary of said State, or from one point in said State to any other point in said State, directly or indirectly, to charge to or receive from any person or persons any greater or less rate or amount of freight, compensation or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering, storing, or handling of the same; and all persons engaged as aforesaid, shall furnish, without discrimination, the same facilities for the carriage, receiving, delivery, storage, and handling of all property of like character carried by him or them, and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. No break, stoppage or interruption, nor any contract, agreement or understanding shall be made to prevent the carriage of any property from being, and being treated, as one continuous carriage in the meaning of this Act, from the boundary line of the State of Nevada, to the place of destination if within said State, or from the place of shipment if within said State, to the boundary of said State, or from the place of shipment to the place of destination if said place of shipment and destination be within said State, unless such stoppage, interruption, contract, arrangement, or understanding was made in good faith for some practical and necessary purpose, without any intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this Act. Sec. 2. It shall be unlawful for any person or persons engaged in the transportation of property as aforesaid, directly or indirectly to allow any rebate, drawback, or any other advantage in any form, upon shipments made or services rendered as aforesaid by him or them. Sec. 3. It shall be unlawful for any person or persons engaged in the carriage, receiving, storage, or handling of the property, as mentioned in section one of this Act; to enter into any combination, contract, or agreement, by changes of schedule, carriage in different cars, breaking car loads into less than car loads, or by any other means, with intent to prevent the carriage of such property from being contiguous from the boundary line of the State of Nevada to the place of destination, |
κ1879 Statutes of Nevada, Page 29 (CHAPTER 19)κ
|
tion, if such place of destination be within said State, or from the place of shipment, if such place of shipment be within said State, to the boundary of said State, or from the place of shipment to the place of destination, if said places of shipment and destination be within said State, whether carried on one or several railroads; and it shall be unlawful for any person or persons, carrying property as aforesaid, to enter into any contract, agreement, or combination for the pooling of freights, or to pool the freights of different and competing railroads, by dividing between them the aggregate or net proceeds of the earnings of such railroads or any portion of them. Sec. 4. It shall be unlawful for any person or persons engaged in the transportation of property, as provided in section one of this Act, to charge or receive any greater compensation per car load or part thereof of similar property per mile for carrying, receiving, storing, forwarding, or handling the same, for a shorter than for a longer distance in one continuous carriage. Sec. 5. All persons engaged in carrying property, as provided in section one of this Act, shall adopt and keep posted up schedules, which shall plainly state: First, The different kinds and classes of property to be carried; Second, The different places between which such property shall be carried; Third, The rates of freight and prices of carriage between such places, and for all services connected with the receiving, delivery, loading, unloading, storing, or handling the same. Such schedules may be changed from time to time as hereinafter provided. Copies of such schedules shall be printed in plain large type, at least the size of ordinary pica, and shall be kept plainly posted for public inspection, in at least two places in every depot where freights are received or delivered, and no such schedule shall be changed in any particular, except by the substitution of another schedule containing the specifications above required, which substitute schedule shall plainly state the time when it shall go into effect, and copies of which, printed as aforesaid, shall be posted as above provided at least five days before the same shall go into effect, and shall remain in full force until another schedule shall, as aforesaid, be substituted. And it shall be unlawful for any person or persons engaged in carrying property on railroads, as aforesaid, after thirty days after the passage of this Act, to charge or receive more or less compensation for the carriage, receiving, delivery, loading, unloading, handling, or storing of any of the property contemplated by section one of this Act, than shall be specified in such schedule as may at the time be in force. Sec. 6. Each and all the provisions of this Act shall apply to all property, and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same, on one actually or substantially continuous carriage, as provided for in section one of this Act, and the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads, and whether such services are performed, or compensation paid, or received, by or to one person alone or in connection with another or other persons; |
Unlawful to charge more for a shorter than a longer distance.
Must adopt and keep posted up schedules. Schedules shall state.
Schedules, where posted.
How long to remain in force.
Provisions of this Act apply to all property. |
κ1879 Statutes of Nevada, Page 30 (CHAPTER 19)κ
|
All railroads to fix their own rates.
Railroad Co liable, and penalties for violations.
Amount of damages, how recovered.
Penalty.
Informer receives one half of penalty.
Injunctions granted.
Officers, agents, etc., must testify if required.
Evidence not to be used in indictment.
Books and papers must be submitted. |
with another or other persons; provided, that each and every railroad company, as aforesaid, shall fix its own rate or rates in its schedule; and such rate or rates, in such schedule so fixed, shall not govern or affect the rate or rates of any other railroad company; and provided further, that such rate or rates, in such schedule so fixed, shall not exceed the rate or rates now allowed to be charged by law. Sec. 7. Each and every act, matter, or thing in this Act declared to be unlawful, is hereby prohibited, and in case any person or persons, as defined in this Act, engaged as aforesaid, shall do, suffer or permit to be done, any act, matter, or thing, in this Act prohibited or forbidden, or shall omit to do any act, matter, or thing in this Act, required to be done, or shall be guilty of any violation of the provisions of this Act, such person or persons shall forfeit and pay to the persons or persons who may sustain damage thereby, a sum equal to three times the amount of damages so sustained, to be recovered by the person or persons so damaged, by suit in any District Court of the State of Nevada where the person or persons causing such damage can be found, or may have an agent, office or place of business; and the person or persons so offending shall for each offense forfeit and pay a penalty of not less than two thousand dollars, to be recovered by the State of Nevada, by action in any District Court in the State of Nevada aforesaid, one half of such penalty or penalties, when collected, to be paid to the informer. Any action to be brought as aforesaid, to recover any such penalty or damages, may be considered, and if so brought, shall be regarded as a subject of equity, jurisdiction and discovery, and affirmative relief may be sought and obtained therein. In any such action, so brought as a case of equitable cognizance, preliminary or final injunctions may, without allegation or proof of damage to any plaintiff or complainant, be granted upon proper application, restraining, forbidding and prohibiting the commission or continuance of any acts, matters, or things, within the terms or purview of this Act prohibited or forbidden. In any action aforesaid, and upon any application for any injunction above provided for, any director, officer, receiver or trustee of any corporation or company aforesaid, or any receiver, trustee, or person aforesaid, or any of them alone, or with any agent of any such corporation or company, receiver, trustee, or person aforesaid, or any other person or persons, party or parties, may and shall be compelled to attend, appear and testify and give evidence; and no claim that such testimony or evidence might, or might tend to, criminate the person testifying or giving evidence, shall be of any avail; but such evidence or testimony shall not be used as against such person on the trial of any indictment against him. The attendance and appearance of any of the persons who, as aforesaid, may be compelled to appear and testify, and the giving of the testimony or evidence by the same respectively, and the production of books and papers thereby may and shall be compelled, the same as in the case of any other witnesses; and in case any such deposition or evidence, or the production of any books or papers, |
κ1879 Statutes of Nevada, Page 31 (CHAPTER 19)κ
|
books or papers, may be desired or required for the purpose of applying for or sustaining any injunction aforesaid, the same, and the production of books and papers, may and shall be had, taken and compelled by or before any clerk of the District Court, in any of the Judicial Districts in the State of Nevada, or in any manner provided for or to be provided for, as to the taking of other depositions or evidence, or the attendance of witnesses, or the production of other books or papers in or by the Statutes of Nevada. In actions to be brought as aforesaid, damages sustained in the period of a month or part of a month, may be regarded as, and counted or declared upon or complained of generally, and as one separate cause of action; and so, whether such damages be sustained in one month or in different months; and such separate causes of action may be joined in the same action. No action aforesaid shall be sustained unless brought within one year after the cause of action shall accrue. Sec. 8. Any director or officer of any corporation or company acting or engaged as aforesaid, or any receiver or trustee, lessee or person acting or engaged as aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or of any of them alone, or with any other corporation, company, person, or party, who shall directly or indirectly do, or cause, or willingly suffer or permit to be done, any act matter or thing in this Act prohibited or forbidden, or directly or indirectly aid or abet therein, or shall directly or indirectly omit or fail to do any act, matter or thing in this Act required to be done, or cause or willingly suffer or permit any act, matter or thing, so directed or required to be done, not to be so done, or shall directly or indirectly aid or abet any such omission or failure, or shall directly or indirectly be guilty of any infraction of this Act, or directly or indirectly aid or abet therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two thousand dollars. Sec. 9. Nothing in this Act shall apply to the carriage, storage, receiving, handling or forwarding of the property of the United States at lower rates of freight and charges than to the general public, or to the transportation of articles free or at reduced rates for charitable purposes, or to or from public fairs or expositions for exhibition, or to the transportation of material or supplies for the construction of other railroads within the State, or from a point within the State to a point beyond its boundaries. Sec. 10. The words person or persons, as used in this Act, except where otherwise provided, shall be construed and held to mean, person or persons, company or companies, corporation or corporations, officer or officers, receiver or receivers, trustee or trustees, lessee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this Act. |
Evidence and Witnesses, how compelled to appear.
Accrued damages, cause for action.
Causes of action joined.
Action must be brought within one year. Who liable.
Penalty.
Freights may be excepted.
Meaning of person or persons. |
________
κ1879 Statutes of Nevada, Page 32κ
|
District Judges duties. |
Chap. XX.An Act concerning the duties of District Judges in this State.
[Approved February 12, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be and is hereby made the special duty of all District Judges in this State to give in charge to the Grand Juries, at the commencement of each term of their respective courts, the full text of the Statutes of this State, in reference to the duties, conduct, responsibilities, and penalties of military, civil, and peace officers in this State. |
________
|
Prison Commissioners to select a commission to visit prison. Duties of appointed commission
Report to be filed.
Percentage of recommendations allowed. |
Chap. XXI.An Act to provide for the Release of Certain Prisoners, confined in the Nevada State Prison.
[Approved February 13, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of State Prison Commissioners are hereby authorized and allowed, immediately on the assembling of the State Legislature, or as soon thereafter as practicable, to select a commission to consist of two members of the Senate and three of the House, who shall visit the State Prison and consult the Warden, and ascertain if there are any prisoners that, by reason of long confinement, or good conduct, or other circumstances, should in their opinion be pardoned. Sec. 2. It shall be the duty of the Commission provided for in section first of this Act to file a report of their conclusions and recommendations before the adjournment of the Legislature with the Secretary of the Board of Pardons, to be presented to said Board at its next regular meeting, providing that the report and recommendations provided for in this Act shall not contain recommendations for the pardon of more than ten per cent. of the prisoners contained in said State Prison. |
________
|
|
Chap. XXII.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 February 13, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows.
Section 1. Section Thirty-six of said Act is hereby amended so as to read as follows: |
κ1879 Statutes of Nevada, Page 33 (CHAPTER 22)κ
|
Section Thirty-six. An Act to regulate proceedings in Civil Cases in the Courts of Justices in the State of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one, and the several amendments thereto, or amendments which may hereafter be made thereto, or laws passed under the government of the State of Nevada, so far as the same are not inconsistent with the provisions of this Act, are hereby made applicable to the proceedings under this Act; and any deed derived from the sale of real property under this Act shall be conclusive evidence of the title, except as against actual frauds or the payment of the taxes, by one not a party to the action or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a justices court for the unlawful withholding thereof in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such property, shall only sell the smallest quantity that will pay the judgment and all costs. All sales of real estate sold for taxes shall be subject to redemption at any time within six months after date of sale, by the payment of all costs connected with the suit and sale, together with interest at the rate of three per cent. per month, from date of sale up to time of redemption. When property is sold belonging to minors, or persons under legal disability, they shall have until six months after such disability is removed, to redeem such property, as in other civil cases, by paying the whole amount of the judgment, and all subsequent taxes and interests paid by and due to the purchaser at such sale, and fifty per cent. in addition thereto. But this provision shall not apply when the executor or administrator of the estate, or the father, or in case of his death, the mother or guardian of such minor children, or insane person, has been personally served with process. |
Deed derived from sale of real property, evidence of title.
Exceptions.
Holder of property entitled to possession, and how obtained.
Property subject to redemption
Minors and others exempt, and how long.
How redeemed.
Guardians, etc., to be served with process. |
________
|
Chap. XXIII.An Act to amend an Act entitled An Act Concerning Juries, approved March fifth, eighteen hundred and seventy-three.
[Approved March 14, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section Four of said Act is hereby amended, so as to read as follows: Section Four. To constitute the regular panel of trial jurors for any term of the District Court, such number of names as the Judge may direct, shall be drawn from the jury-box, either before or after the commencement of the term. If the panel be drawn before the commencement of the term, the drawing shall take place in the office of the County Clerk, during regular office hours, if after the commencement of the term, in open court, and in either case, in the presence of all persons who may choose to witness it. |
Trial jurors, how drawn.
When drawn. Where drawn. |
κ1879 Statutes of Nevada, Page 34 (CHAPTER 23)κ
|
Judges duties.
Manner of conducting drawing of names.
Venire issued Sheriff to summon.
Grand Jurors selected annually.
Proviso.
In case of failure to select. |
ing regular office hours, if after the commencement of the term, in open court, and in either case, in the presence of all persons who may choose to witness it. If the panel be drawn before the commencement of the term, it shall be drawn by the Judge and Clerk; or, if the Judge so directs, by any one of the County Commissioners of the county and the Clerk, and if the Judge directs that the panel be drawn by one of the County Commissioners of the county, and the Clerk, the Judge must make and file with the Clerk, an order designating the name of such County Commissioner, and fixing the number of names to be drawn as trial jurors, and the time at which the persons whose names are so drawn, shall be required to attend in court. If, from any cause, the regular panel of trial jurors should not be drawn before the commencement of a term of court, then it may be drawn after the commencement of the term. If drawn after the commencement of the term, it must be drawn by the Judge and Clerk. The drawing shall be conducted as follows: The number to be drawn having been previously determined by the Judge, the box containing the names of the jurors, shall first be thoroughly shaken, it shall then be opened, and the Judge and Clerk, or one of the County Commissioners of the county and the Clerk, if the Judge has so ordered, shall alternately draw therefrom one ballot, until of non-exempt jurors the number determined upon is obtained. A list of the names so obtained, shall be made out and certified by the officers drawing the jury, which list shall remain in the Clerks office, subject to inspection by any officer or attorney of the court, and the Clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as trial jurors, to attend in court at such time as the Judge may have directed, and the sheriff shall summon such jurors, and make return of the venire at least two days before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the court. Sec. 2. Section Eight of said Act is hereby amended so as to read as follows: Section Eight. It shall be the duty of the District Judge, and any one of the County Commissioners of the county, at least once in each year, and as much oftener as the public interest may require, to select from the jury list twenty-four persons, who shall be summoned to appear as Grand Jurors at such time as the Judge may order; provided, that if the District Judge deems proper, he may direct any one of the County Commissioners of the county and the Clerk to select the Grand Jurors; and such County Commissioner and Clerk, if the Judge so directs, shall select from the jury list twenty-four persons as Grand Jurors. If the Judge directs the Grand Jurors to be selected by one of the County Commissioners of the county and the Clerk, the Judge must make and file with the Clerk an order designating the name of such County Commissioner, and the Judge shall in said order fix the time, during the term of Court, when said Grand Jurors shall be required to appear; and if from any cause such County Commissioner and Clerk should fail to select the Grand Jurors, the Judge and any one of the County Commissioners may at any time select the same. |
κ1879 Statutes of Nevada, Page 35 (CHAPTER 23)κ
|
time select the same. A list of the names so selected as Grand Jurors shall be made out and certified by the officers making such selection, and be filed in the Clerks office, and the Clerk shall immediately issue a venire, directed to the Sheriff of the county, commanding him to summon the persons so drawn as Grand Jurors to attend in Court at such time as the Judge may have directed, and the Sheriff shall summon such Grand Jurors. The Grand Jury shall consist of twenty-four persons, and out of the number so summoned the Court shall select seventeen persons, to constitute the Grand Jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the Grand Jury, shall be selected from the jury list by the Judge and Clerk, and summoned to appear in Court, at such time as the Court may direct. |
Sheriff to summon.
Number of Grand Jurors. |
________
|
Chap. XXIV.An Act to authorize the County Commissioners of Storey County to transfer certain funds.
[Approved February 14, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Storey County are hereby authorized and directed to transfer the surplus money, if any, remaining in the Railroad Interest and Sinking Fund of said County to the School Fund of said County; also, said County Commissioners of Storey County are hereby further authorized and directed to transfer the surplus money, if any, remaining in the Court House Bond Fund, to the General Fund of said County. |
Commissioners of Storey County directed to transfer moneys. |
________
|
Chap. XXV.An Act to prevent the keeping of Disorderly Houses or Inns.
[Approved February 14, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person in this State who shall keep any disorderly house, or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, |
Disorderly house. |
κ1879 Statutes of Nevada, Page 36 (CHAPTER 25)κ
|
Penalty for keeping same. |
any inn in a disorderly manner, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars, or imprisonment in the County Jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the Court. |
________
|
Seals to be procured for District Courts, and how. Form of seal.
Effect of order. |
Chap. XXVI.An Act to amend an Act entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January twenty-sixth, eighteen hundred and sixty-five.
[Approved February 14, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty-six of said Act is hereby amended so as to read as follows: Section Fifty-six. The several District Courts for which separate seals have not been heretofore provided, or the respective Judges thereof, by an order, in writing, filed with the respective Clerks of such Courts, shall direct such Clerks to procure such seals, and shall have the following inscriptions surrounding the same. For the District Courts: District Court __________ District, County of __________, inserting the number of the District and the name of the County, and any such order that may have been made by any Judge of a District Court, shall have the same effect as if it had been made in open Court. |
________
|
Impure milk. penalties for selling same.
Fines and penalties.
Persons liable. |
Chap. XXVII.An Act to prevent the adulteration of milk; and to prevent traffic in impure and unwholesome milk.
[Approved February 17, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons who shall knowingly sell or exchange, or expose for sale or exchange, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, then said person of persons so convicted shall be imprisoned, in the County Jail, for not less than thirty days. Sec. 2. Any person or persons who shall adulterate milk, with the view of offering the same for sale or exchange, or shall keep cows for the production of milk for market, |
κ1879 Statutes of Nevada, Page 37 (CHAPTER 27)κ
|
keep cows for the production of milk for market, or for sale or exchange, in a crowded or unhealthy condition, or feed the same on food that produces impure, diseased, or unwholesome milk, or who shall sell or exchange, or offer to sell or exchange any milk as pure, from which the cream or any portion thereof has been taken, except as hereinafter provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, the person or persons so convicted shall be imprisoned, in the County Jail, for not less than thirty days. Sec. 3. The addition of water or any substance is hereby declared an adulteration; any milk that is obtained from animals that are fed on distillery, brewery, hotel, or restaurant waste, usually called swill, or upon any substance in a state of putrifaction, or upon impure matter from stalls and stables, is hereby declared to be impure and unwholesome, and any person or persons offending, as aforesaid, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, the person or persons so convicted shall be imprisoned, in the County Jail, for not less than thirty days. Sec. 4. Nothing in this Act shall be construed to prevent the sale of skimmed milk, provided the person or persons selling the same shall first make known the fact that it is skimmed milk, and shall sell it as such; and any person or persons who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalties prescribed in section two of this Act. Sec. 5. The penalties hereinbefore provided shall be recoverable before any court having jurisdiction of the same, one half of such fine shall be paid to the person or persons who shall make the complaint and prosecute the same, and the other half shall be paid into the School Fund. |
Fines and penalties.
Adulterations of milk.
Fines, etc.
Exceptions. Proviso.
Penalties, how recoverable One half of fine paid to informant. |
________
|
Chap. XXVIII.An Act to amend an Act entitled An Act to provide for obtaining correct statements of the financial condition of the several counties of this State, and other matters of statistical information, approved February 26, 1873.
[Approved February 17, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said Act is hereby amended to read as follows: Section Three. It shall be the duty of each County Assessor, at the time he delivers to the Clerk of the Board of Equalization his assessment roll for the year in which general elections are held, |
Duty of County Assessors. |
κ1879 Statutes of Nevada, Page 38 (CHAPTER 28)κ
|
To report. Statistics.
Fees.
Retention of salary. |
of Equalization his assessment roll for the year in which general elections are held, to deliver also a written report, embracing said year and the preceding year, to the County Auditor, of the following matters within his county: First, the number of acres in agriculture, and the approximate amount of agricultural, grazing and timber lands; second, the number of horses, mules, jacks, jennies, cattle, sheep, goats and swine; third, the aggregate quantity of wheat, rye, maize, potatoes, grapes and other agricultural products; fourth, a statement of the approximate quantity of mineral lands in such county, and the approximate quality and value of such; fifth, the number of mills, manufactories, distilleries and breweries, classifying each, and the number and length of all flumes and water ditches used to convey water for mining, manufacturing or agricultural purposes; sixth, the number of transplanted fish, their variety, by whom transplanted, and into what stream or lake; seventh, the number and kind of forest, fruit or nut trees transplanted, and under successful cultivation; eighth, he shall also report such other matters as may be required by the annual circular of the Surveyor-general, and for such report he shall be allowed such a sum as may be fixed by the Board of County Commissioners, not exceeding the sum of one hundred dollars, and until the delivery of such report, the last months salary, or wages of said Assessor, be retained. |
________
|
Trustees to issue bonds
Amount of issue of bonds.
Size of bond and interest how payably. Coupons.
Principal made payable. |
Chap. XXIX.An Act to authorize the School Trustees, of School District number ten, in Washoe County, to issue bonds for school purposes.
[Approved February 18, 1879.]
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 eight 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 such 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 thereafter, none of which shall run for a period longer than twenty years from the date of their issuance. |
κ1879 Statutes of Nevada, Page 39 (CHAPTER 29)κ
|
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 Reno School District, are hereby authorized to purchase a lot, or lots, on the north side of the river, in the town of Reno, and build thereon a school building, or school buildings, as the Board may determine; provided, such lot or lots, building or buildings, shall be in a central and convenient locality, and shall not exceed in cost the sum of seventeen thousand ($17,000) dollars, and the said Board of Trustees are further authorized to purchase lot or lots on the south side of the river, in the town of Reno, and build and complete thereon one school building, suitable for a Primary School; provided, such lot or lots and building shall be in a convenient locality, and shall approximate in cost the sum of three thousand ($3000) dollars, but shall not exceed that sum. The Board of Trustees of said Reno School District shall immediately proceed to issue the bonds herein provided for, and when disposed of, shall proceed, with due diligence, and purchase the lots, and erect the buildings, and complete the same, in accordance with the provisions of 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 sales 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 the annual levy of taxes for State and County purposes, for the year eighteen hundred and seventy-nine, 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 presentation of coupons therefor, and upon the presentation and surrender of said bonds, when the same become due. |
Board to purchase lots and build. Where situated and cost.
Primary School Building. Cost.
To issue Bonds.
Bonds, etc., how signed.
School fund created.
How paid out.
Treasurer liable.
Redemption of bonds provided for. Taxation.
Taxes, how collected.
Redemption fund. How paid out. |
κ1879 Statutes of Nevada, Page 40 (CHAPTER 29)κ
|
Payment of bonds provided for.
Treasurer to set apart moneys. |
and upon the presentation and surrender of said bonds, when the same become due. Sec. 8. To provide for the payment of the bonds, as they become due, and the first installment of 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 bonds and interest will become due, in case there is not sufficient money in said Reno School District Redemption Fund to pay said bonds and 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 bonds and interest, which amount shall be repaid out of the first moneys coming into the said Treasurers hands, from the taxes levied as aforesaid, and belonging to said School District Redemption Fund. |
________
|
Not lawful to catch fish for a certain period.
Close season.
Period forbidding catch of fish. Unlawful to transport fish for sale |
Chap. XXX.An Act amendatory of, and supplementary to, an Act entitled An Act to provide for the preservation of Fish, in the Waters of this State, approved March fifth, eighteen hundred and seventy-seven.
[Approved February 19, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four, of an Act entitled An Act to provide for the preservation of Fish, in the Waters of this State, is hereby amended, so as to read as follows: Section Four. It shall not be lawful for any person or persons, between the first day of January and June of each year, to catch or kill any river, lake, brook, or salmon trout, in any of the streams, rivers, lakes, or other waters within this State, with any seine, gill-net, or any spear, grab-hook, weir-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; and it shall not be lawful for any person or persons to expose for sale, or to catch or kill for sale, or to catch or kill for salting in any manner whatever, any of the river, lake, brook or salmon trout, in any river, lake, or other waters within this State, between the twentieth day of April and the first day of October in each year; and it shall not be lawful for any railway corporation, express company, or other common carriers, or private parties, to ship or transport for sale, any of the river, lake, brook or salmon trout, taken from the rivers, lakes or other waters of this State, |
κ1879 Statutes of Nevada, Page 41 (CHAPTER 30)κ
|
other waters of this State, during the said season, viz: between the twentieth day of April and the first day of October in each year; 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 propagation of fish, may take fish from the spawning beds, or elsewhere, during the spawning season; and, provided further, that no person shall catch or kill any fish in any of the waters of this State, at any time, by means of giant powder, or any other explosive substance, or material, or stupefying or deleterious drug. 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 one hundred dollars, nor more than five hundred dollars, or by imprisonment in the County Jail, not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the Court, one half of the fine recovered to be paid to the informer, and one half to be paid into the School Fund of the State. Sec. 2. And it is hereby made the duty of the district attorneys, county commissioners, justices of the peace, and sheriffs and their deputies, upon receiving reliable information of any violations of the provisions of this Act, to make complaint against the parties, and any of the peace officers named in this section who shall neglect or fail to make complaint against parties violating any of the provisions of this Act, after having received reliable information of such violation, shall be deemed guilty of a misdemeanor, and subject to the penalties prescribed in the fourth section of this Act. |
Proviso. Owners of private ponds exempt.
Spawn can be taken.
Misdemeanor and penalties.
One half fine for informer. Duties of officers. |
________
|
Chap. XXXI.An Act to prevent persons from passing through inclosures and leaving them open, by tearing down fences, or otherwise, and domestic animals from being shot by persons while hunting on inclosed premises, and providing for the payment for such injuries so done.
[Approved February 19, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall open any gate, bars or fence, for the purpose of passing through, and shall willfully or negligently leave the same open, without permission of the owner, shall be guilty of a misdemeanor. Sec. 2. Every person who willfully tears down, or otherwise destroys any fence, on any inclosed land of another, is guilty of a misdemeanor. |
Parties prohibited from leaving open gates, etc. Misdemeanor. For destruction of fences, etc. |
κ1879 Statutes of Nevada, Page 42 (CHAPTER 31)κ
|
Leaving fires burning.
Penalties.
Judgments. |
Sec. 3. Every person who, upon departing from camp, willfully or negligently leaves the fire or fires burning or unexhausted, is guilty of a misdemeanor. Sec. 4. Every person found guilty of any of the misdemeanors herein mentioned shall be found guilty of a misdemeanor, and shall be fined not less than fifty dollars, nor more than one hundred dollars, and shall be imprisoned in the county jail until such fine is satisfied, not exceeding one day for each two dollars thereof. Sec. 5. Nothing contained in this Act shall be so construed as to prevent the party suffering damage from obtaining a judgement against the party or parties so inuring or damaging, in any court of competent jurisdiction, as in all civil cases under the Practice Act of the State of Nevada. |
________
|
Goats and swine prohibited to run at large. Period forbidden to run at large. Exempted period. Owners subject to damages.
Amount of damages.
Damages, how obtained. |
Chap. XXXII.An Act entitled An Act to make it unlawful for the owner or owners of swine, goat or goats to allow them to run at large during a certain period of each year, from and after the approval of this Act.
[Approved February 19, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful, from and after the passage of this Act, for any person or persons, who are the owner or owners, or who may have charge of any swine, goat or goats, within this State, to allow them to run at large, and be free commoners, from and after the first day of March to the tenth day of November of each and every year. But the intervening period between the tenth day of November to the first day of March of each year, such swine, goat or goats, may be free commoners. Sec. 2. Any swine, goat or goats, belonging to any person or persons that shall break into any year, flower or vegetable garden, or any inclosure whatever, or shall root up or destroy any pasture, field, or growing grass for hay purposes, or any kind of growing crop whatever, whether the same be inclosed or not during the period that such swine, goat or goats, are prohibited to run at large, and be free commoners, by section one of this Act, such owner or owners shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed. Sec. 3. All actions for damages arising under the provisions of this Act shall be tried and determined in the Court having jurisdiction thereof, as in other cases made and provided. |
________
κ1879 Statutes of Nevada, Page 43κ
|
Chap. XXXIII.An Act to provide for the Payment of Certain Indebtedness, accrued and to accrue, of White Pine County.
[Approved February 20, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners of White Pine County are hereby authorized and directed, from and after the passage of this Act, to create in the County Treasury of said county a fund, to be known as the Redemption Fund of said county. As soon after the passage of this Act as may be practicable, said Board shall cause to be transferred into said Redemption Fund twenty per cent. of all revenues in the General Fund of said county, at the time of the taking effect of this Act; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said twenty per cent. of said revenues from said Treasury until the order of transference to be made by said Board, as hereinafter provided for, is duly certified to such Treasurer; and said Board shall cause twenty per cent. of all county revenues, paid into the Treasury of said county after the passage of this Act, to be placed in said Redemption Fund. As soon as paid into said Treasury, the money placed in the Redemption Fund created by this Act shall be disbursed as hereinafter provided. Sec. 2. Whenever, at any time, there shall be in said Redemption Fund the sum of five hundred dollars, or more, it shall be the duty of the County Treasurer of said county to give ten days notice, by posting at the court-house door of said county that sealed proposals, directed to him, will be received for the surrender of county certificates of indebtedness on the General Fund of said county, pursuant to the provisions of this Act, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioners of said county thereafter. Sec. 3. On the first day of such regular meeting of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the office of the latter, and there and then open all sealed proposals then received, and accept the lowest bid or bids for the surrender of county certificates of indebtedness, as specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied by the certificate or certificates proposed to be surrendered; and provided further, that said Board shall, if it shall deem it for the best interests of said county, reject all bids, and order the Treasurer to re-advertise, said Board shall, on opening and accepting bids, apply all funds then in said Redemption Fund, if there be accepted bids sufficient to cover the amount. Sec. 4. When any bid or bids are accepted, the County Auditor and County Treasurer shall each take a description of the certificate or certificates to be redeemed, specifying the amount to be paid for each certificate surrendered, |
Commissioners of White Pine County to create a fund.
Transfer money. Treasurer prohibited to pay out.
Money to be placed in fund.
How disbursed
Notice to be posted.
Proposals to be opened.
Acceptance of bids. Proviso.
Can reject bids.
Auditor and Treasurers duties. |
κ1879 Statutes of Nevada, Page 44 (CHAPTER 33)κ
|
Board to order purchase of bids.
Treasurers duties.
Reference to bids.
Lowest bids.
Unaccepted bids. Treasurers duties.
No fees allowed to officers. Acts repealed. |
to be paid for each certificate surrendered, the date, number and amount thereof, and make a record thereof in their respective offices, and thereupon the Board of County Commissioners shall, by order entered on their minutes, direct the County Treasurer to purchase the certificate or certificates of indebtedness designated in the accepted bid or bids, and pay therefore out of said Redemption Fund; and all certificates so redeemed shall be canceled by the County Treasurer, who shall write across the face thereof, in red ink, purchased and redeemed, adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of Commissioners aforesaid, together with the record made by the County Auditor as herein required shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to priority of date of allowance, and to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of certificates for the least sum of money. The bids and amounts of certificates being equal, each shall be accepted and paid pro rata, as nearly as possible. The County Treasurer shall return all unaccepted bids to the owners on demand. The County Treasurer shall keep a separate account, under the head of Redemption Fund, of all moneys received therein, of all moneys paid out thereof, and when and to whom paid. He shall also, on the register of county certificates of indebtedness kept by him, write opposite each certificate redeemed under the provisions of this Act, the word purchased, when, and the amount paid therefor. Sec. 5. All officers of said county who shall render any services, official or otherwise, under the provisions of this Act, shall do so free of charge or fee. Sec. 6. An Act entitled An Act to provide for the payment of certain indebtedness, accrued and to accrue, of White Pine County, approved January twenty-eighth, eighteen hundred and seventy-nine, and all other Acts and parts of Acts heretofore passed, so far only as in conflict with the provisions of this Act, are hereby repealed. |
________
|
Duties of County Commissioners.
Erect guide-boards. |
Chap. XXXIV.An Act to provide for the erection of Guide-Boards on public roads and highways.
[Approved February 21, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the Board of County Commissioners in each County of this State, within ninety days after the passage of this Act, to cause to be put up, and to be thereafter kept up at each crossing or forks of any public roads or highways in such County, and at each place where a public road or highway crosses or diverges from any private or toll road, |
κ1879 Statutes of Nevada, Page 45 (CHAPTER 34)κ
|
road or highway crosses or diverges from any private or toll road, a guide-board, having thereon an index or pointer, and the words to (naming the place or first point of any importance on such road, and the number of miles, as near as may be thereto) miles. Such number of guide-boards shall be put up and so placed at all such points as to enable travelers to readily understand therefrom the road they may wish to travel, in order to arrive at the desired destination. Sec. 2. The owner or owners of any toll road in this State, having one or more lateral branches, are hereby required, at their own expense, to comply with the provisions of section one of this Act. Sec. 3. Any willful neglect to carry out the provisions of this Act on the part of any such owner or owners of toll road or roads, shall, upon conviction thereof, subject the offender to a fine of not less than twenty-five, nor more than one hundred dollars. |
Style of board.
Owners of toll roads to erect posts.
Penalties. |
________
|
Chap. XXXV.An Act to authorize to the construction of a Court-house in Eureka County, and to provide the means therefor.
[Approved February 24, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Eureka County are hereby authorized and empowered to erect a Court-house of suitable size and dimensions for the County of Eureka, in the town of Eureka, on the site now occupied for Court-house purposes by the said County of Eureka; provided, that the cost of constructing and furnishing the same, the contract to be let to the lowest responsible bidder, shall in no event exceed the sum of fifty-three thousand dollars. Sec. 2. For the purpose of giving force and effect to the first section of this Act, a fund is hereby established in Eureka County, to be known and designated as the Court-house Fund. At the regular meeting of the Board of Commissioners in May, A. D. 1879, there shall be transferred from the General Fund of said County to the Court-house Fund, eight thousand dollars, and from the Current Expense Fund to the Court-house Fund, five thousand dollars. At the regular meeting of the Board of Commissioners in July of the same year, there shall be transferred from the General Fund to the Court-house Fund seven thousand dollars, and from the Current Expense Fund to the Court-house Fund five thousand dollars. At the regular meeting of the Board of Commissioners in December of the same year, there shall be transferred from the General Fund to the Court-house Fund seventeen thousand dollars, and from the Current Expense Fund to the Court-house Fund eleven thousand dollars. |
County Commissioners to erect Courthouse.
Proviso. Cost.
Fund created.
Transfer moneys. |
κ1879 Statutes of Nevada, Page 46 (CHAPTER 35)κ
|
Loan to be negotiated.
Time to run and interest
Money remaining reverts to the General Fund.
In case of failure to erect Court-house. |
Sec. 3. Should the General and Current Expense Funds, from any cause, prove inadequate to supply the sums herein directed to be transferred, then, and not otherwise, the said Board of County Commissioners of Eureka County shall be authorized and empowered to negotiate a loan of fifteen thousand dollars, or any part thereof, in the name and on behalf of Eureka County, running not longer than three years, at a rate of interest not to exceed twelve per cent. per annum, payable semi-annually, pledging the good faith and credit of the County of Eureka to the prompt payment of both principal and interest at the date of maturity. The said Board of County Commissioners shall be fully authorized to issue the bonds of the County of Eureka, in form and manner to carry into effect the provisions of this section. Sec. 4. Any money remaining in the Court-house Fund on the first Monday of January, A. D. 1880, shall revert to the General and Current Expense Funds, in such proportion as the Commissioners may deem expedient, and for the best interest of the county. Sec. 5. Should the Board of Commissioners, from any cause, fail to construct said Court-house during the year 1879, the dates fixed for the transfer of moneys, and all other times and dates specified in this Act, shall be made equally applicable to the corresponding times and dates in the year A. D. 1880. The time for re-transferring any money remaining in the Court-house Fund to the Current and General Expense Funds being in that case extended to the first Monday in January, A. D. 1881. |
________
|
Payment of President pro tem. |
Chap. XXXVI.An Act to provide for certain Legislative Expenses.
[Approved February 24, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby directed to draw his warrant on the Legislative Fund in favor of W. R. King, President, pro tem., of the Senate, and U. E. Allen, 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 directed and required to pay the same. |
________
κ1879 Statutes of Nevada, Page 47κ
|
Chap. XXXVII.An Act supplementary to an Act entitled an Act to provide for the maintenance and supervision of Public Schools, approved March twentieth, eighteen hundred and sixty-five, approved March eighth, eighteen hundred and sixty-seven, approved March fifth, eighteen hundred and sixty-nine, approved March seventh, eighteen hundred and seventy-three, approved March fifth, eighteen hundred and seventy-seven.
[Approved February 24, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. School Districts may be formed of parts of two or more counties; provided, there are not in such part of either county the number of heads of families required by law for the formation of School Districts. Sec. 2. When the petition for such school shall be granted and the district established, the County Commissioners of each county in which parts of such district is located shall appoint three Trustees, two from the county having, at the time of such application, the largest number of census children in its part of said district, their successors to be chosen at the next general election on the same basis. Sec. 3. The County Superintendents of Public Schools of each county out of which such School Districts may be formed, shall apportion the Public School moneys in proportion to the number of census children of school age residing in such districts in their respective counties, as provided by law, upon the basis of the fractional part of the district contained in said county for every teacher assigned it, upon the basis of one hundred census children or fraction thereof. |
School Districts formed.
Proviso. County Commissioners to appoint trustees. Successors, when chosen.
Apportionment of moneys. |
________
|
Chap. XXXVIII.An Act to prevent the propagation and spread of contagious diseases.
[Approved February 24, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons, company, association or corporation in this State who shall exhume or disinter, or who shall cause to be exhumed or disinterred, any human remains, or any part of such remains which have been buried in the ground in this State, for the purpose of transporting the same to any other State or foreign country, except under the conditions hereinafter provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than three hundred dollars nor more than five hundred dollars for each and every such offense, |
Forbidding the removal of deceased persons.
Exceptions. Penalties. |
κ1879 Statutes of Nevada, Page 48 (CHAPTER 38)κ
|
County Commissioners to issue permits.
Proviso. |
not less than three hundred dollars nor more than five hundred dollars for each and every such offense, or shall be imprisoned in the county jail for any period not less than six months nor more than twelve months, or by both such fine and imprisonment. Sec. 2. The County Commissioners of the several counties in this State, in which said human remains are buried or interred, as provided in section one of this Act, are hereby authorized to grant and to issue written permits for the disinterments and removal of any such human remains referred to in section one of this Act, whenever in their judgement the public health will not be endangered by such disinterment and removal; provided, however, that no such permit shall be granted or issued, under any circumstances or at any time where the party or parties buried or interred have died from or with any contagious or loathsome disease. |
________
|
School Trustees to provide maps, charts, etc. How paid for.
Divide schools into departments.
Proviso.
Right to suspend. |
Chap. XXXIX.An Act to amend an Act entitled an Act to provide for the maintenance and supervision of Public Schools, as approved March twentieth, eighteen hundred and sixty-five.
[Approved February 26, 1879.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-nine of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Twenty-nine. The School Trustees shall have power, and it shall be their duty: First, to provide school-houses with maps, black-boards, furniture and other necessary appendages, including library and cabinet cases, if deemed expedient, and pay for the same out of the county school moneys belonging to their district; second, to provide books for the indigent children, and record books for the district, and to pay for the same out of the county school moneys belonging to their district; third, to divide the public schools within their district into infant (taught by the Frobel system), primary, grammar and high school departments, and to employ competent and legally qualified teachers for the instruction of the different departments, whenever they shall deem such division into departments advisable; provided, there shall be such means for all such departments, and if not, then in the order in which they are herein named, excepting the infant school, which shall not be considered as taking precedence of any other department; provided, also, that the infant department shall not be established in any district having a school population of less than three hundred children; fourth, to suspend or expel, from any public school within their district, with the advice of the teachers, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein, and in any district having graded schools, |
κ1879 Statutes of Nevada, Page 49 (CHAPTER 39)κ
|
trict having graded schools, to exclude from the primary department children under six years of age; fifth, to apportion the school fund among the several schools within their district, in proportion to the average number of pupils attending such schools; sixth, at the close of their official term, to deliver over their books of record, and all papers, books, blanks, documents, moneys and all other property in their hands, as such Trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the County Superintendent. |
Children excluded
Trustees to turn over books, etc. |
________
|
Chap. XL.An Act to amend an Act entitled an Act to amend an Act entitled An Act to regulate proceedings in civil cases, in the Courts of Justice of this State, and repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine; approved March fifth, eighteen hundred and seventy-seven.
[Approved February 26, 1879.]
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, when the other party to the transaction is dead, or when the opposite party to the action, or the person for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question, by an agent who is living, and who testifies as a witness in favor of the representative of such deceased person, in such case the other party may also testify in relation to such transaction; and nothing contained in said section shall effect the laws in relation to attestation of any instrument required to be attested; provided further, that when either husband or wife is insane, and has been so declared by a Commissioner 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. |
One party to a transaction not allowed to testify in case of the death of the other. Representatives excluded. Proviso.
Attested instruments In case of insanity.
Privilege to cease. |
________
κ1879 Statutes of Nevada, Page 50κ
|
Charcoal measurement established.
Sealed measures to be kept. Surveyors to estimate dimensions and inscribe measures. Fees of Surveyor. By whom paid.
Fines.
Act to take ffect. |
Chap. XLI.An Act to regulate the Measurement of Charcoal.
[Approved February 26, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The standard measure of a bushel of charcoal is hereby established at two thousand seven hundred and forty-seven and seven hundred and fifteen one thousandths cubic inches, stroke measure, and all charcoal bought or sold by actual measurement must be measured in the mode and manner herein provided. Sec. 2. All persons, or corporations, purchasing or consuming more than twenty thousand bushels of charcoal annually, shall keep a sealed measure of convenient size. Sec. 3. For the purpose of this Act, any County Surveyor is empowered to estimate the dimensions of any bin or measure, and he shall inscribe thereon, in plain letters, the number of standard bushels it will contain, together with his own name or signature; he shall receive for such services five dollars for each measure so inscribed; his fee to be paid by those required under the provisions of this Act, to maintain sealed measures. Sec. 4. Any person, or superintendent, or manager of any corporation or company, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars. Sec. 5. This Act shall take effect and be in force from and after the first day of April, A. D. eighteen hundred and seventy-nine. |
________
|
County Commissioners of Eureka County to allow claims.
How paid. |
Chap. XLII.An Act to authorize the County Commissioners of Eureka County to pay certain claims.
[Approved February 27, 1879.]
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 to allow the claims of L. W. Cromer and Cassidy and Skillinan; that of the former being one hundred and seventy-eight dollars, and of the latter, three hundred and eighty dollars, all for services performed and material furnished under the provisions of an Act entitled An Act to incorporate the town of Eureka, approved March 1, 1877, and upon such allowance by the said County Commissioners, the claims respectively shall be paid out of the General Fund of the County of Eureka, in like manner as other claims against the same are audited and paid. |
________
κ1879 Statutes of Nevada, Page 51κ
|
Chap. XLIII.An Act to authorize and empower aliens and non-resident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada.
[Approved February 27, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any non-resident alien, person, or corporation, except subjects of the Chinese empire, may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the State of Nevada, as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation. Sec. 2. The right of eminent domain is hereby granted to such non-resident or foreign corporations, upon the same terms and conditions as the same is granted to resident or domestic corporations. Sec. 3. Nothing herein contained shall be so construed as to confer any other or further rights under the Statutes of Limitation than those at present existing. |
Persons to take, hold, and own property.
Rights granted non-residents.
How construed. |
________
|
Chap. XLIV.An Act granting certain powers to the Board of Directors of the State Orphans Home.
[Approved February 27, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Directors of the State Orphans Home is hereby authorized to receive, and have full control of any and all gifts, bequests, or donations, now made, or that may be made hereafter, to the State Orphans Home, and the said Board is also hereby empowered to invest or expend the principal and interest of any and all such moneys coming thus into their possession, as they may deem best for the interest of said Orphans Home; provided, that nothing in this Act shall be so construed as to prevent any person or persons, company or society, from making any gift of money or property, and directing how such money or property shall be disposed of, and when; such direction shall accompany such gift. The Directors of the Orphans Home shall make such disposition of such gift, or money, or property, as the donor or donors may direct. |
Gifts, bequests, etc., to Orphans Home, under control of the Board of Directors Board empowered to invest same. Proviso.
Donors may direct the disposal of gifts, etc. |
________
κ1879 Statutes of Nevada, Page 52κ
|
Liens to be held by wood-choppers and others. Wood and timber held by lien. Possession. Proviso. Time for bringing actions.
Costs and judgements, how satisfied. In cases of contracts.
Duty of Courts.
Rights of possession.
Exceptions to possession rights.
Joint contracts. |
Chap. XLV.An Act to amend an Act entitled An Act to secure liens to Mcchanics and others, and to repeal all other Acts in relation thereto, approved March second, eighteen hundred and seventy-five.
[Approved February 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eighteen of said Act is hereby amended so as to read as follows: Section Eighteen. All persons who shall perform work or labor upon any tract or tracts of lands, by cutting or cording the wood or timber growing, or being thereon, shall have and may each respectively, claim and hold a lien upon the wood or timber so cut, or corded, for the amount in value of the work or labor so performed, by retaining possession of the same, until the whole amount due for such work or labor shall have been paid; provided, that any lien claimed and held, as aforesaid, shall be deemed to be waived, unless an action be brought in some Court of competent jurisdiction, for the recovery of the amount for which such lien is claimed as security, within sixty days after such wood or timber shall have been taken into possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood, or feet of timber retained in possession by the claimant. If the judgment be for the plaintiff in such action, the execution shall direct the same, with costs, to be satisfied out of the wood or timber so retained, if the same shall be sufficient; if not, then the balance to be satisfied out of any other property of the defendant in the same manner provided by law. In all cases where two or more persons are jointly engaged under a contract or employment, in cutting or cording wood or timber, on any tract or tracts of land in this State, any one of such persons may claim, have, hold and enforce a lien, for all the work or labor performed, as in this section provided, and for the benefit of the other persons jointly interested with him; in such cases, in all actions brought under the provisions of this section, it shall be the duty of the Court, in case the judgment shall be for the plaintiff, to designate in such judgement the amount due each of the persons interested. Possession of wood or timber within the meaning of this section shall be deemed to be in the person or persons cutting or cording wood or timber, for the purposes of this Act, from the time of cutting or cording the same; and shall not be deemed to have been released or yielded by the person or persons performing the work or labor, as herein provided, except such person or persons, by word or act clearly and distinctly declare, or evidence his or their intention to so release or yield possession; and in cases of a joint contract or employment, the possession of any part of the wood or timber, cut or corded, shall not be deemed yielded or released without the assent of all the persons cutting or cording the same, manifested as in this section provided. |
κ1879 Statutes of Nevada, Page 53 (CHAPTER 45)κ
|
all the persons cutting or cording the same, manifested as in this section provided. Justices of the Peace shall have jurisdiction of all actions under the provisions of this Act, when the amount claimed does not exceed three hundred dollars. |
Jurisdiction of Justices of the Peace |
________
|
Chap. XLVI.An Act supplementary to an Act entitled An Act to provide for the selection and sale of lands that have been, or may hereafter be granted, by the United States to the State of Nevada, approved March fifth, eighteen hundred and seventy-three.
[Approved February 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be lawful, from and after the passage of this Act, for the State Land Register of Lands, to receive additional applications for the purchase of any land belonging to the State, wherein the first applicant or applicants, shall have failed to make application for contract to complete the purchase of such lands to a patent. Sec. 2. The State Land Register shall proceed, with all reasonable dispatch, to notify and require all persons who have made, or hereafter make, application to purchase land of the State of Nevada, to make full and immediate payment therefor, or to enter into contract with the said State Land Register, in accordance with law, for the purchase of the land for which such persons have applied. Sec. 3. The manner of notifying such persons shall be as follows: The State Land Register shall prepare proper notices requiring the applicant to make full payment or enter into contract for the purchase of the land for which he or she has applied, and shall inclose with such notice, duly prepared contracts in duplicate, for the applicant to sign, and shall address the same to such applicant by mail. Sec. 4. If at the expiration of six months from the date of mailing such notices and contracts in duplicate, the party or person so notified, or his or her legal representative, shall fail to make the required full payment or to sign and return to the Register such contracts, he or she shall forfeit his or her right to complete the purchase of such land, and the title of the State to such land shall rest as fully in the State as though it was never applied for, and shall be subject to sale to any person or persons, including the person or persons so forfeiting such lands on previous application. Sec. 5. Any and all sum or sums of money heretofore deposited as partial payment on lands so forfeited as provided in section four of this Act, shall be forfeited to the State, and upon such forfeiture shall immediately and unconditionally become the property of the State. |
State Land Register to receive application for lands in case of contracts not completed. Register to require payment.
Manner of notifications.
Forfeiture of right to complete contracts.
Land subject to sale.
Deposits forfeited to the State. |
κ1879 Statutes of Nevada, Page 54 (CHAPTER 46)κ
|
Application of this Act.
To take effect. |
Sec. 6. This Act shall apply only to applications for such lands as shall have been for twelve months or more previous to the time of mailing such notice, as provided in section one of this Act, approved to the State of Nevada by the United States. Sec. 7. This Act shall take effect immediately after its passage. |
________
|
Railroad companies to make annual report.
To whom reports shall be submitted. How verified
Date of filing report Nature and contents of report. Members of company.
Money expended. Receipts.
Freights.
Repairs. |
Chap. XLVII.An Act to amend an Act entitled An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March twenty-second, eighteen hundred and sixty-five.
[Approved February 28, 1878.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of an Act entitled An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March twenty-second, eighteen hundred and sixty-five, is hereby amended so as to read as follows: Section Forty-four. Every railroad company operating its line or lines of railroad wholly, or in part, within this State, shall make an annual report to the Secretary of State of Nevada, of the operations of such railroad company, during the year ending on the thirty-first day of December, in each last preceeding year, which report shall be verified by the oaths of the President or Acting Superintendent of the operations and business of such company; and also by the oaths of the Secretary and Treasurer of such company; and shall file such report in the office of the Secretary of State, aforesaid, on or before the first day of February in each year; and shall state in such report: First. The capital stock of such company, and the actual cash capital paid in on such stock by the members of such company; Second. The amount of cash expended for the purchase of lands for the construction of the road of such company, the cost of the construction of such road, and the cost of buildings, engines, and cars respectively, used by such company in this state; Third. The amount and the nature of the indebtedness of such company and the amount due to such company; Fourth. The amount received by such company for the transportation of all passengers, and all freight, property, mails and express matter over the road or roads of such company, together with all amounts received by such company from all other sources in connection with such road; Fifth. The amount of freight of all kinds transported over the road or roads of such company, specifying the quantity of such freight in tons; Sixth. The amount paid by such company for repairs of engines, cars, buildings, and other expenses in gross, showing the current expenses of running such road; Seventh. |
κ1879 Statutes of Nevada, Page 55 (CHAPTER 47)κ
|
ing the current expenses of running such road; Seventh. The number and amount of dividends declared by such company, and when such dividends were paid; Eighth. The number of engine-houses and shops, together with the number of engines and cars, and the character of the same; Ninth. The net profits of such company during such year; and if either of the officers above-named shall fail to make and file such report as above provided, or if either of such officers shall fail to make any and every statement required by this section of this Act to be made on or before the first day of February in each year, such company so neglecting, by its said officers, to comply with any of the requirements of this section of this Act, shall each day thereafter forfeit and be liable to pay as a penalty to the State of Nevada, for such neglect, the sum of five hundred dollars daily for each and every day, from and after the first day of February of each year, until such report containing such statement as above provided shall be filed, as in this section provided; and the Attorney-general of the State shall commence an action, in the name of the State of Nevada, for the recovery of the sum of such penalties monthly, on the first Monday of each and every month thereafter, and the court shall render judgement therefor against such company until such report containing such statement shall be filed with the Secretary of State; and such action or actions shall not be dismissed or compromised, except upon the full payment of the sum of such penalties, together with all costs of such actions, and executions shall issue against the property of such company until such judgments shall be fully satisfied. |
Dividends. Buildings, cars, etc. Profits. Failures to comply.
Forfeiture and penalty
Actions to be commenced When to commence proceedings Judgements.
Executions to issue. |
________
|
Chap. XLVIII.An Act for the greater security of Life, by providing for the use of safety cages and iron bonnets in vertical shafts where iron mining cages are used, or more than four hundred and fifty feet in depth.
[Approved February 28, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, company of companies, corporation or corporations, after the first day of July, A. D. eighteen hundred and seventy-nine, to sink or work through any vertical shaft where iron mining cages are used, at a greater depth than four hundred and fifty feet, unless the said shaft shall be provided with an iron bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs, or other device, shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. |
Cages to be provided by mining companies. |
κ1879 Statutes of Nevada, Page 56 (CHAPTER 48)κ
|
Bonnets how made.
Failures to comply and penalties.
Damages to be recovered.
Act to take effect. |
to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet aforesaid shall be made of boiler sheet iron of a good quality, of at least three sixteenths of an inch in thickness, and shall cover the top of said cage in such manner as to afford the greatest protection to life and limb from any matter falling down said shaft. Sec. 2. Any person or persons, company or companies, corporation or corporations, after the first day of July, A. D. eighteen hundred and seventy-nine, who shall neglect, fail, or refuse to comply with the provisions of section one of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars, nor more than one thousand dollars. Sec. 3. Nothing contained in this Act shall be so construed as to prevent recovery being had in a suit for damages for injuries sustained by the party so injured, or his heir or administrator or administratrix, or any one else now competent to sue in an action of such character. Sec. 4. This Act shall go into effect on and after the first day of July, A. D. eighteen hundred and seventy-nine. |
________
|
Salary Governors Private Secretary fixed.
When paid. |
Chap. XLIX.An Act to amend an Act authorizing the Governor of the State to appoint a Private Secretary, defining his duties and fixing his compensation, approved March tenth, eighteen hundred and sixty-five.
[Approved March 1, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. The compensation of the Governors Private Secretary shall be at the rate of two hundred and fifty dollars per month during the time of his service; provided, that the Governors present Private Secretary shall be entitled to pay, at the above rate from and after the passage of this Act. Such compensation shall be paid monthly at the end of each and every month, and the State Controller is hereby authorized and directed to draw his warrant on the State Treasurer for the amount of such compensation as the same becomes due, and the State Treasurer shall pay the same out of any money in the State Treasury not otherwise specially appropriated. |
________
κ1879 Statutes of Nevada, Page 57κ
|
Chap. L.An Act to amend an Act entitled An Act to protect the rights of owners of stock shares aud other interests in the mineral and metal-yielding mines of this State, approved February twenty-first, eighteen hundred and seventy-seven.
[Approved March 1, 1879.]
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. Any person who shall be the bona fide owner of stock shares representing the value of one fifth of one per cent. of the original capital stock of any company incorporated for the purpose of working upon and mining in any lode, ledge, deposit, or bed of the precious metals, or useful minerals, in this State, and any number of persons who shall be the bona fide owners of an aggregate number of mining shares, amounting in value to one fifth of one per cent. of said capital stock, at the time application for a permit to examine any such mine shall be made, such owner or owners of mining stock shall, upon a written order from the County Clerk, or from the Justice of the Peace of the County in which such lode, ledge, deposit, or bed is located, be entitled to the privilege of fully examining all of the shafts, adits, borings, drifts, stopes, hoisting apparatus, and every and all properties and appurtenances belonging to any such mining company; provided, that not more than one owner of said percentage or aggregate percentages of such mining stock shall either in person, or by an accredited agent, be entitled to such written order for examination of any specified mine or mining property, oftener than twice in one month; these days shall, however, not be more than fourteen, nor less than fifteen days apart. It shall be the duty of the superintendent or other person or parties in charge of any incorporated mining claim, or mining property in this State, to keep posted in some conspicuous place at or near the mine, the day of the week in which authorized stockholders may be admitted under the provisions of this Act. Sec. 2. Section three of said Act is hereby amended so as to read as follows: Section Three. Upon making application as provided in section two of this Act, for the privilege of entering and examining any of the mining properties mentioned in section one of this Act, the applicant shall present to the County Clerk or Justice of the Peace, certificates of stock shares representing in value one fifth of one per cent. of the original capital stock of the company whose mine or mining property he or she desires to examine. Thereupon the applicant shall make oath or affirmation that the said stock certificate or stock certificates presented by him or her are actually his or her own property, or that such certificates of stock at the time of presentation really belong to the party or parties whom he or she is, under the provisions of section one of said Act, authorized to represent. |
Owners of stock shares to visit mines.
Amount of stock required to allow visitors to enter mines Privilege to visit, how obtained.
Proviso. Agents entitled to examine mines. Visiting days. Duty of Superintendents, etc. Notices to be posted up.
Applicant for admission to present stock certificates.
Amount of stock required to be represented |
κ1879 Statutes of Nevada, Page 58 (CHAPTER 50)κ
|
Orders for admission, how issued.
Conflicting Acts repealed. |
the party or parties whom he or she is, under the provisions of section one of said Act, authorized to represent. Sec. 3. Section four of said Act is hereby amended so as to read as follows: Section Four. Immediately upon complying with the provisions of section three of this Act, it shall be the duty of the County Clerk, or Justice of the Peace, to furnish the applicant with a written order for admission to the mine and mining properties which he or she may desire to examine. Sec. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
________
|
Justices of the Peace to appoint citizens to ascertain facts relative to origin of fires.
Oath to be administered.
Subpenas to be issued. Testimony.
Verdict of jury. Cases of disagreement of juries. Decisions to be certified and filed. |
Chap. LI.An Act to Detect and Punish Incendiarism.
[Approved March 3, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever it is made to appear by the complaint of any citizen that any building or other property has been set on fire, or attempted to be, or burned from an unknown cause, or any cause not clearly accidental, it shall be the duty of any Justice of the Peace of the county where such fire occurred, or was attempted, and to whom such complaint shall be made, to immediately summon three good and lawful citizens, who shall be householders in the county, to appear at the place of the fire at a time fixed as soon as possible, to inquire when, how, and by what means the fire originated. If any person so summoned does not appear, the Justice shall complete the panel by appointment from the bystanders, or from citizens residing in the vicinity of said fire. Sec. 2. When the panel is complete, the Justice shall administer the following oath: You and each of you solemnly swear that you will diligently examine and inquire when, how, and by what means the fire which has here occurred was caused, and that you will return a true verdict, according to your knowledge and such evidence as shall be laid before you. So help you God. Sec. 3. The Justice of the Peace shall issue subpenas for witnesses, returnable at such time and place as he therein directs. The witnesses shall be sworn, their testimony reduced to writing, and subscribed to by them. Sec. 4. The jury, after hearing the testimony, and making all needful examinations and inquiries, shall draw up and deliver to the Justice holding such inquest their verdict, signed by them, or in case of disagreement, by two of them, in which they shall find and certify when, how, and by what means such fire was caused. Said finding, together with the testimony of the witnesses, shall be certified by the Justice and filed with the Clerk of the District Court of the county in which such fire originated within one week thereafter. |
κ1879 Statutes of Nevada, Page 59 (CHAPTER 51)κ
|
the Clerk of the District Court of the county in which such fire originated within one week thereafter. Sec. 5. For the purpose of investigation, the Justice and jury shall have free access to any building or property whatsoever. Sec. 6. If the jury shall find that any person or persons willfully set fire to the property in question, or attempted to, or that reasonable cause exists for believing them to have been accessory thereto, unless such person or persons be already in custody, the Justice shall issue a warrant for the arrest of the person or persons so charged, and shall deliver the same to any constable in the county or the Sheriff thereof. In such cases, the Justice may bind over the witnesses, or any of them, to appear at an examination of the person or persons so charged at such time and place as he may direct; but nothing in this Act shall be construed to interfere with arrests and examinations of any person charged with the crime of arson, as now provided by law. Sec. 7. For the purposes of this Act, the Justice of the Peace shall have the same power to enforce the attendance of jurors and witnesses as when sitting as a committing magistrate. Sec. 8. The compensation for holding such inquest shall be the same as now provided by law for coroners inquests, and shall be audited and paid in like manner. |
Access to buildings by Justice and jury. Warrants to be issued for arrest of suspected parties. Arrests how made. Witnesses to be bound over. Proviso.
Attendance of jurors and witnesses can be compelled. Fees and how paid. |
________
|
Chap. LII.An Act to provide for the purchase and distribution of Hawleys Digest of the Nevada Supreme Court Reports, and Sawyers Circuit Court Reports.
[Approved March 3, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of the State of Nevada is hereby authorized to procure four hundred copies of the Digest of the Supreme Court Reports of this State, and Sawyers Circuit Court Reports in one volume, as prepared by the Hon. Thomas P. Hawley, at a price not to exceed five dollars per copy. Sec. 2. It shall be the duty of the Secretary of State, upon the receipt of said copies, to supply the said Digest to all parties who are entitled to, and are receiving the Supreme Court Reports of this State, to wit: to each State and Territorial Library, one copy; to each of the heads of departments at Washington, one copy; to the Library of Congress at Washington, and the Nevada State Library, two copies; to each of the United States Circuit and District Courts in the States of Nevada, California, and Oregon, one copy; to each State Officer, Justice of the Supreme Court, Clerk of the Supreme Court, District Judge, District Attorney, and County Clerk, in this State, one copy; and to each Public Library and Literary Association within this State, one copy. |
Reports distributed by Secretary of State. Price of volume.
Disbursement of copies, and to whom. |
κ1879 Statutes of Nevada, Page 60 (CHAPTER 52)κ
|
Copies to be retained. Proviso.
Distribution to State and County officers, public property. |
District Judge, District Attorney, and County Clerk, in this State, one copy; and to each Public Library and Literary Association within this State, one copy. He also shall, from time to time, distribute said Digests to such literary and scientific institutions, publishers and authors, as, in his opinion, may secure an interchange of works, which may be properly placed in the State Library. The remaining copies shall be kept in the office of the Secretary of State for the use of the Legislature when in session; provided, that no distribution shall be made to any party or parties outside of the State when there may be less than one hundred copies on hand. Sec. 3. All copies of the said Digest distributed under this Act to the State and County officers of this State, shall be considered as public property, and shall be by such officers, turned over to their successors in office. |
________
|
Destruction of property; leaving gates etc. open.
Trees.
Pasting bills.
Permit. |
Chap. LIII.An Act to amend an Act entitled an Act amendatory of and supplemental to An Act concerning Crimes and Punishments, approved November twenty-sixth, eighteen hundred and sixty-one, and all Acts amendatory of and supplemental thereto, approved March 7, 1873.
[Approved March 3, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section One Hundred and Forty-Four of said Act is hereby amended so as to read as follows: Section One Hundred and Forty-Four. Any person who shall willfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling-house, shop, store, or other house or building, or the door, window, grating, platform, wheels, or other part of any railroad car, or sever therefrom, or from any gate, fence, or inclosure, any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure or destroy any gate, post, railing, or fence, on any part thereof, or break, destroy or injure any steamer, or other sailing craft, or cut down, lap, girdle, otherwise injure or destroy any fruit or ornamental, or shade tree, being the property of another, or who shall, without the consent of the owner, agent, or occupant of the premises, or property herein mentioned, deface, disfigure, or cover up any fruit tree, or ornamental tree, fence, wall, house, shop or building, the property of another, by pasting upon, or in any way fastening thereto any printed bill, sign-board, show-poster, or other device whatsoever, or who shall, without a written permit from the Board of County Commissioners, in the county wherein such written permit may be issued, |
κ1879 Statutes of Nevada, Page 61 (CHAPTER 53)κ
|
mit may be issued, deface, disfigure, or cover up by pasting upon, or in any way fastening thereto, any printed bills, sign-board, show-poster, or other device whatsoever upon any public building, monument, gravestone, ornamental tree, or other object or property under the supervision and control of the Board of Commissioners of the respective counties in this State, or under the supervision and control of any municipal government, or of any association or society whatsoever, shall for each and every such offense be deemed guilty of a misdemeanor, and on conviction be fined in any sum not exceeding two hundred dollars, or be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. |
Penalties. |
________
|
Chap. LIV.An Act to admit to probate a certain paper purporting to be the last will and testament of John Larcombe, deceased.
[Approved March 3, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The paper purporting to be the last will and testament of John Larcombe, deceased, is hereby declared to be as legal and valid as though the same had been sealed with the seal of said John Larcombe, and any Court having jurisdiction of the probate of said will, may admit the same to probate, notwithstanding the fact that such paper was not sealed with the seal of said John Larcombe. Sec. 2. Nothing in this Act shall be construed as determining the issue of fact, whether said paper is the last will and testament of said John Larcombe, deceased, but such issue shall be determined by the Court having jurisdiction thereof, without regard to the fact whether said paper was ever sealed with the seal of John Larcombe, deceased. Sec. 3. Nothing in this Act shall be so construed as to prevent heirs at law, or other parties interested in the estate of said deceased, from contesting the validity of said paper, as being the last will and testament of said deceased, upon any other grounds than that of the omission of the seal of said deceased. |
Will of J. Larcombe admitted to probate.
Proviso.
Heirs at law can contest. |
________
|
Chap. LV.An Act to appropriate ten thousand dollars for the immediate relief of those rendered destitute by the Reno fire of March second, eighteen hundred and seventy-nine.
[Approved March 3, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of furnishing immediate relief to those rendered destitute by the fire in Reno of March second, eighteen hundred and seventy-nine, the sum of ten thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise specially appropriated. |
Relief for sufferers by fire at Reno. |
κ1879 Statutes of Nevada, Page 62 (CHAPTER 55)κ
|
Distributed by Governor.
Warrants to be drawn.
Takes effect |
eighteen hundred and seventy-nine, the sum of ten thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise specially appropriated. Sec. 2. The sum appropriated by section one of this Act, shall be placed in the hands of the Governor to be by him distributed in such amounts and manner as the immediate necessities require. Sec. 3. The State Controller is hereby authorized and empowered to draw his warrants in favor of the Governor of this State for the amount appropriated by this Act, or so much thereof as the Governor may, from time to time, apply for, and the State Treasurer is hereby directed to pay the same. Sec. 4. This Act to take effect immediately after its passage. |
________
|
Terms of Court to commence. First district. Second district.
Third district.
Fourth district. Fifth district.
Sixth district.
Seventh district. |
Chap. LVI.An Act to amend an Act entitled An Act to redistrict the State of Nevada, approved March fifth, eighteen hundred and seventy-seven.
[Approved March 4, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is amended so as to read as follows: Section Two. 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 in 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, May and September; in the county of Nye, on the first Monday in March, second Monday in July and fourth Monday in October; in the county of Churchill, on the first Monday in June 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. |
________
κ1879 Statutes of Nevada, Page 63κ
|
Chap. LVII.An Act in relation to Special Taxes.
[Approved March 4, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All special taxes levied for school or road purposes throughout the different counties of this State, shall be a lien on the property so assessed, and shall be assessed and collected by the same officers, at the same time, and in the same manner as the State and county taxes are now or may hereafter be assessed and collected. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this act are hereby repealed. |
Special taxes to be a lien. How assessed and collected. Repeal. |
________
|
Chap. LVIII.An Act transferring the unappropriated balance in the State Building Fuud to the General Fund of the State.
[Approved March 5, 1879.]
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 seventeenth day of February, eighteen hundred and seventy-nine, 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. |
State Building Fund money transferred to General Fund. Duty of Controller. |
________
|
Chap. LIX.An Act to amend an act entitled An Act to regulate proceedings in criminal cases in the Courts of Justice, in the Territory of Nevada, approved November twenty-sixth, A. D. eighteen hundred and sixty-one.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five hundred and fifty-one of the Act of which this Act is amendatory, is amended so as to read as follows: |
Amendment. |
κ1879 Statutes of Nevada, Page 64 (CHAPTER 59)κ
|
Witness, when about to leave the State, etc., how examined.
Applications, how made.
Act to take effect. |
Section Five Hundred and Fifty-one. When a material witness for the defendant is about to leave the State, or resides out of the State, or has departed from the State, and his or her place of abode is known, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally on a commission. Sec. 2. Section five hundred and fifty-four of the Act of which this Act is amendatory, is amended so as to read as follows: Section Five Hundred and Fifty-four. The application must be made upon affidavit showing: First. The nature of the offense charged; Second. The state of the proceedings in the action; Third. The name of the witness, and that his or her testimony is material to the defense of the action; Fourth. That the witness is about to leave the State, or resides out of the State, or has departed from the State, naming his or her place of abode, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial. Sec. 3. This Act shall take effect and be in force from and after its passage. |
________
|
Specimens, cabinets, etc., exempt from execution. Catalogues of collections.
Coins, notes, bonds, etc., not exempt |
Chap. LX.An Act to encourage the collection of geological, paleontological, and mineral specimens in this State.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall be the bona fide owner of a collection, or cabinet of metal-bearing ores, geological specimens, art curiosities, or paleontological remains, and who shall properly arrange, classify, number and catalogue in a suitable book or books of reference, any such collection of ores, specimens, curiosities, or remains, whether the same shall be kept at a private residence or in a public hall, or in a place of public business or traffic, the said bona fide owner of such collection shall be entitled to hold the same exempt from execution, as other property is exempted from execution under the provisions of section two hundred and twenty-one of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine. Sec. 2. Nothing in section one of this Act shall be construed so as to exempt from execution any numismatic collection, such as gold or silver coins, paper currency, bank notes, legal tender currency, national or State bonds, or any negotiable note, or valuable copper, bronze, nickel, platinum, or other coin whatsoever. |
κ1879 Statutes of Nevada, Page 65 (CHAPTER 60)κ
|
currency, national or State bonds, or any negotiable note, or valuable copper, bronze, nickel, platinum, or other coin whatsoever. Sec. 3. It is hereby made the duty of the owner of any such collection or cabinet, as described in section one of this Act, to keep constantly at or near such collections or cabinet, for the free inspection of all visitors who may desire to examine the same, either written or printed catalogues, as provided in section one of this Act; and any person owning such collection or cabinet who shall fail or neglect to comply with the provisions of this section of this Act, shall forfeit all right to hold such collections or cabinet as exempt from legal execution, as provided in section one of this Act. |
Owners of collections must keep catalogues.
Forfeit of right to hold. |
________
|
Chap. LXI.An Act appropriating and authorizing the transfer of certain moneys from the General Fund to the Library Fund.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand and three dollars and ninety-five cents of the General Fund is hereby appropriated to the Library Fund, to reimburse said fund for the amount of money expended in building an additional room for the use of the State Library. Sec. 2. The State Controller and State Treasurer is hereby authorized and directed to transfer from the General Fund to the Library Fund the sum of money specified in section one of this Act. |
State Library Fund reimbursed.
Duty of the Controller and Treasurer. |
________
|
Chap. LXII.An Act to admit to probate a certain paper, purporting to be the last will and testament of A. Benedict, deceased.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The paper purporting to be the last will and testament of A. Benedict, deceased, is hereby declared to be as legal and valid as though the same had been sealed with the seal of said A. Benedict, and every court having jurisdiction of the probate of said will, may admit the same to probate, notwithstanding the fact that such paper was not sealed with the seal of said A. Benedict. |
Will of A. Benedict admitted to probate. |
κ1879 Statutes of Nevada, Page 66 (CHAPTER 62)κ
|
Issue of fact determined by the court.
Heirs at law can contest.
Proviso. |
Sec. 2. Nothing in this Act shall be construed as determining the issue of fact, whether said paper is the last will and testament of said A. Benedict, deceased; but such issue shall be determined by the court having jurisdiction thereof, without regard to the fact whether said paper was ever sealed with the seal of said A. Benedict, deceased. Sec. 3. Nothing in this Act shall be so construed as to prevent heirs at law, or other parties interested in the estate of said deceased, from contesting the validity of said paper, as being the last will and testament of said deceased, upon any other grounds than that of the omission of the seal of said deceased. |
________
|
Sections of militia law repealed.
Duties of the Adjutant General. |
Chap. LXIII.An Act to repeal Sections fourteen and fifteen, and to amend Section sixteen of an Act entitled An Act to provide for organizing and disciplining the Militia of the State, approved March fourth, eighteen hundred and sixty-five.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections fourteen and fifteen of the above-named Act are hereby repealed. Sec. 2. Section sixteen of said Act is amended to read as follows: Section Sixteen. In making his returns to the Adjutant-General of the United States Army of the enrolled Militia of Nevada, the Adjutant-General of this State is hereby authorized and directed to compile and report, as the enrolled Militia of Nevada ninety per cent. of the voters voting at the last general election, as shown by the report of the State Board of Canvassers. |
________
|
|
Chap. LXIV.An Act to amend an Act entitled An Act to create a Current Expense Fund for Nye County, which became a law without the approval of the Governor, March second, eighteen hundred and seventy-seven.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: |
κ1879 Statutes of Nevada, Page 67 (CHAPTER 64)κ
|
Section Two. 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 Nye County, may, and they are hereby authorized and empowered to levy a special tax, not to exceed forty 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. |
Current expense Fund for Nye County and how created. |
________
|
Chap. LXV.An Act to amend an Act entitled An Act to incorporate Carson City, approved February twenty-fifth, eighteen hundred and seventy-five.
[Approved March 5, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of said Act is hereby amended so as to read as follows: Section Ten. The Board of Trustees shall have the following powers: First. To institute and maintain any suit or suits of said city in the proper Court or Courts, whenever in their judgment necessary to enforce or maintain any right or rights of said city; and they may in like manner defend all actions brought against said city; Second. They shall annually levy a tax of not less than one quarter of one per cent., and not exceeding half of one per cent. on all the assessed value of all the real and personal property situate in said city, and by law made taxable for State and county purposes; Third. To lay out, extend and change the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, preservation, grade and width of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets, alleys, and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost or any part thereof of [for] improving any street, or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or sidewalk, or proposed sidewalk, is, or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided, further, that said cost of building, repairing or improving any street or sidewalk, drain, or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon the property in front of which the same is, or will be, shall in no case exceed ten per cent. of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be; Fourth. |
Powers of Board of Trustees, Carson City. Suits. Defend actions. Taxes.
Streets and alleys.
Drainage, etc. Sidewalks. Obstructions. Proviso. Costs to be paid by owners of property and made a lien. Proviso.
How much can be collected. |
κ1879 Statutes of Nevada, Page 68 (CHAPTER 65)κ
|
Condemn property. Fires and fire companies. Storage of explosives, etc. Nuisances. Licenses.
Houses of ill-fame, etc.
Dogs, etc.
Insuance of licenses.
Disorderly conduct.
Sale of property. Property to be appraised. Punishments to be prescribed. |
thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be; Fourth. To condemn property for the use of the said city in the manner hereinafter provided; Fifth. To provide for the prevention and extinguishment of fires, and to organize, establish, regulate, and disband fire or hose companies in said city; Sixth. To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city; Seventh. To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal and prevention of the same; Eighth. To fix and regulate a license upon and regulate all theatres, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon, and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, saloons, bar-rooms, bankers, brokers, gold dust or bullion dealers, manufactories, livery stables, livery stable keepers, express companies, persons or corporations engaged in carrying letters or packages, railroad and stage companies, or the owners of railroads, stages or stage lines, having an office agency or place of business in said city, or running through said city; to license, tax and regulate auctioneers and stock brokers within said city; to license, tax, regulate or prohibit all tippling houses, dram shops, saloons, and raffles and lotteries; and license, tax, and regulate all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of the State), pawnbrokers, refreshment and coffee stands, booths and sheds within the city; to regulate or prohibit prostitution within the city; to license, tax, regulate or prohibit prostitutes, houses of ill-fame, unlicensed and disorderly houses, gaming houses, hurdy-gurdy houses or dance houses, within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city, and not hereinbefore specified; Ninth. To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued; Tenth. To punish, restrain and prevent any disorderly conduct within the city; Eleventh. To hold, manage, use and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sales of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent. of such appraised value; Twelfth. To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said Board of Trustees, to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, |
κ1879 Statutes of Nevada, Page 69 (CHAPTER 65)κ
|
shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment, after conviction may be made to work during the term of such imprisonment on any public works of said city, and the City Marshal or Street Inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work; Thirteenth. To adopt and pass all ordinances, resolutions, rules and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said Board shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. Any property, real or personal, necessary for the public use of said city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, or owner or owners of the property 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, or claimants interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property, or interest therein, by them appraised, shall be reported to the Board of Trustees, and may by them be regarded as final and binding; and upon the tender, in gold coin of the United States, of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after the twenty days notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect for twenty days, when required by the Board of Trustees of the city 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 shall be final and binding; but no Act of condemnation of property, or any claim or 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 the condemnation of property, as in this Act provided, the referees or the Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is to be condemned will be of any benefit to the persons owning or claiming the said property, or some interest therein; and if they find the same will be of any benefit to such person or persons, they shall estimate the value of such benefit to him or them, or to such person or persons, and deduct the amount thereof from the estimated value of the property or interest therein condemned; Fourteenth. |
Amount of fines not to exceed. Prisoners to be employed. City Marshall and Street Inspectors to prevent escapes. Adoption of ordinances. Claims how payable. Proviso. Property, how condemned and appropriated. Referees to be appointed. Disagreement of appraisers.
Removal of person and obstructions from condemned property. Board of Trustees can become a Board of Appraisers. |
κ1879 Statutes of Nevada, Page 70 (CHAPTER 65)κ
|
Police.
Style of ordinances and process |
and deduct the amount thereof from the estimated value of the property or interest therein condemned; Fourteenth. To cause the City Marshal to appoint one or such number of policemen as the Board of Trustees shall from time to time determine, who shall be under the direction and control of the Marshal, as head of the police force of said city; but such appointment shall be of no validity whatever, until the same shall have been approved by said Board of Trustees, and the said Board of Trustees shall have power to remove any such policemen from office at pleasure, upon good cause shown, and upon a charge being preferred, to suspend until the same shall have been passed upon finally. Sec. 2. Section twenty-five of said Act is hereby amended so as to read as follows: Section Twenty-five. The style of all ordinances shall be: The Board of Trustees of Carson City do ordain. All ordinances shall be published three days before going into effect. The style of all civil process shall be: The City of Carson. All criminal process shall be: The State of Nevada. |
________
|
School Trustees of Ormsby County may issue warrants bearing interest.
Limit of interest on back indebtedness. |
Chap. LXVI.An Act authorizing the School Trustees of School District Number One of Ormsby County to issue warrants to pay certain indebtedness in said District, and to continue the sessions of the school in said District.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of School Trustees of School District Number One of Ormsby County are hereby authorized to issue interest bearing warrants, payable in not exceeding one year from their date, and for a sum not exceeding three thousand dollars; said warrants shall be payable to bearer, and issued in sums not less than one hundred dollars each, with interest not exceeding one per cent. per month, payable semi-annually. Sec. 2. In paying any indebtedness contracted prior to the first Monday of January, 1879, said Board of School Trustees shall not allow or pay any percentage of exchange or interest due, at a rate exceeding one per cent. per month. |
________
κ1879 Statutes of Nevada, Page 71κ
|
Chap. LXVII.An Act to appropriate two thousand five hundred dollars ($2500) for the immediate relief of those rendered destitute by the Silver City fire of March fourth, eighteen hundred and seventy-nine.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of furnishing immediate relief to those rendered destitute by the fire in Silver City of March fourth, eighteen hundred and seventy-nine, the sum of two thousand five hundred dollars($2500) is hereby appropriated out of any money in the State Treasury not otherwise specifically appropriated. Sec. 2. The sum appropriated by section one of this Act shall be placed in the hands of the Governor to be by him distributed in such amounts and manner as the immediate necessities require. Sec. 3. The State Controller is hereby authorized and empowered to draw his warrants in favor of the Governor of this State for the amount appropriated by this Act, or so much thereof as the Governor may, from time to time apply for, and the State Treasurer is hereby directed to pay the same. Sec. 4. This Act to take effect immediately after its passage. |
Relief of Silver City.
$2,500 appropriated.
Governor to disburse. |
________
|
Chap. LXVIII.An Act to prohibit the unauthorized use of horses, mules or work cattle.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person shall use or work any horse or horses, mule or mules, or work cattle without first obtaining the consent of the owner thereof, he shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars or more than three hundred dollars, or by imprisonment in the County Jail for not less than fifty days or more than three hundred days. Sec. 2. All fines collected under the provisions of this Act shall be paid into the Treasury of the County in which the conviction is had, for the benefit of the State School Fund. |
Penalties for unauthorized use of animals. Punishment.
Fines for benefit of School Fund. |
________
κ1879 Statutes of Nevada, Page 72κ
|
County Commissioners duties as regards delivery of prisoners to jails, etc. Mileage of officers.
County Auditors. |
Chap. LXIX.An Act regulating the powers and duties of the Board of County Commissioners of the several Counties within this State in certain cases.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of the several Counties within this State are hereby authorized and directed, from and after the passage of this Act, to examine, audit, and allow to any Sheriff or Constable, in any one of said Counties, the actual fare paid by such officer in the conveyance or transportation of any one or more prisoners, that may be committed to the County Jail, by the Justice of the Peace of such County or Counties, in addition to the amount now allowed by law for the safe keeping and delivering of prisoners to the County Jail; provided, such officers shall upon the presentation of their bill or bills, for the fare actually paid in pursuance of the provisions of this Act, such bill or bills shall be acconpanied with a receipt showing the amount paid, and by what conveyance said prisoner or prisoners was conveyed to said County Jail, whether by the means of railroad, stage-coach, or private conveyance; and in no case shall a greater sum be allowed for a private conveyance than is usually charged by stage conveyance for a similar distance, such amount shall always be determined by the Board of County Commissioners, in accordance with their best judgement and information. Sec. 2. The County Auditor of the several Counties within this State, are hereby authorized and directed to draw his warrant upon the General Fund for the payment of such sum as may be allowed by the County Commissioners from time to time, in accordance with the provisions of section one of this Act, and the County Treasurer of the several counties is hereby directed to pay the sum upon presentation in their regular order. Sec. 3. This Act shall take effect from and after its passage. |
________
|
General appropriations. |
Chap. LXX.An Act making appropriations for the support of the Civil Government of the State of Nevada, for the Fifteenth and Sixteenth fiscal years.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums of money are hereby appropriated for the objects hereinafter expressed, and for the support of the government of the State of Nevada, |
κ1879 Statutes of Nevada, Page 73 (CHAPTER 70)κ
|
port of the government of the State of Nevada, for the fifteenth and sixteenth fiscal years: For salary of Governor, twelve thousand dollars; for salary of Governors Private Secretary, six thousand dollars; for salary of Lieutenant-governor, and ex-officio Adjutant-general and State Librarian, seven thousand two hundred dollars; for the salary of Secretary of State, seven thousand two hundred dollars; for salary of Deputy Secretary of State, six thousand dollars; for extra clerical services in the office of the Secretary of State, one thousand dollars: And the Secretary of State is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation; for copying and indexing laws by the Secretary of State, five hundred dollars; for copying and indexing Journals of the ninth session of the Legislature, five hundred dollars; for salary of State Controller, seven thousand two hundred dollars; for salary of Deputy Controller, six thousand dollars; for extra clerical services in the office of the State Controller, one thousand dollars; and the Controller, is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation; for prosecuting delinquents for infraction of Revenue Laws, and for enforcing the collection of the revenue to be extended under the direction of the State Controller, two thousand dollars; for salary of State Treasurer, seven thousand two hundred dollars; for salary of Deputy Treasurer, six thousand dollars; for extra clerical services in the office of the State Treasurer, one thousand dollars, and the State Treasurer is hereby authorized to employ such clerical services as he may need, not exceeding the amount of this appropriation; for salary of Surveyor-general and Land Register, seven thousand two hundred dollars; for salary of Deputy Register, and pay of draughtsman, and purchase of maps and charts, and expenses of selecting land in State Register office, eight thousand dollars, to be paid out of the State School Fund; for payment of attorneys at Washington, for looking after the State land interests, two thousand dollars, said attorneys are to be appointed by the Governor; for salary of Attorney-general, seven thousand two hundred dollars; for salary of Superintendent of Public Instruction and Curator of the State Museum of Mineralogical, Geological, and other specimens, five thousand dollars; for traveling expenses of the Superintendent of Public Instruction and Curator of the State Museum, and for the transportation, rearranging and cataloguing of specimens, two thousand five hundred dollars; for salaries of Justices of the Supreme Court, forty-two thousand dollars; for salary of Clerk of Supreme Court, seven thousand two hundred dollars; for pay of Clerk in the State Library, three thousand six hundred dollars; for pay of Baliff of Supreme Court, one thousand dollars; for preparation of Nevada Reports for publication, fourteen hundred dollars; for the purchase of Nevada Supreme Court Reports, two thousand four hundred dollars; for the purchase of volumes five, six and seven, Nevada Supreme Court Reports, republication, three thousand dollars; for the purchase of Hawleys Digest, two thousand dollars; for the necessary expenses of Fish Commissioners in procuring and distributing the ova or spawn of fish in the employment of fish breeders, |
Governor. Lieutenant-Governor.
Secretary of State. Deputy Secretary
Copy and index to laws and journals. State Controller.
Prosecution of delinquent taxpayers, and infraction of Revenue laws.
State Treasurer.
Surveyor-general.
Purchase of maps, charts, etc. Attorney at Washington and how appointed. Attorney-general.
Superintendent of Public Instruction.
Justices of the Supreme Court, etc. |
κ1879 Statutes of Nevada, Page 74 (CHAPTER 70)κ
|
Fish commissioners.
Rewards offered by Governor. State Prison.
Insane. Deaf, dumb and blind.
Orphans home. State University.
Printing paper and advertisements. Special appropriation. Capitol commissioners. Fuel, lights, etc., for Legislature, tenth session. Repairs to Capitol and furniture.
Stationery, fuel, etc., for State officers. Current expenses, postage, etc.
Improving grounds. Insurance.
Watchmen and porters. |
sary expenses of Fish Commissioners in procuring and distributing the ova or spawn of fish in the employment of fish breeders, and in the carrying out of the provisions of an Act entitled An Act to provide for the preservation of Fish in the waters of this State, four thousand dollars; for the payment of rewards offered by the Governor, five thousand dollars; for the support of the Nevada State Prison, including the salaries of Warden and Deputy Warden, for payment of services of Chaplain, for the transportation of convicts, and for purchase of material, for carrying on industries at the prison, one hundred and seventy-five thousand dollars; for the transportation, care and support of the Indigent Insane of the State, to be expended under the direction of the Board of Directors, ninety thousand dollars; for the support and education of the Deaf, Dumb and Blind, and their transmission to and from the institution, three thousand dollars; for supporting and conducting the Orphans Home, to be expended under the direction of the Board of Directors, thirty thousand dollars; for the support of the State University, to be expended under the direction of the Board of Regents, twelve thousand dollars; for State Printing, paper, and official advertisements, and pay of the expert, to be expended under the direction of the Board of State Printing Commissioners, fifteen thousand dollars. The following sums of money are hereby appropriated for the purpose hereinafter named, to be expended under the direction of the Board of Capitol Commissioners, hereby created, to consist of the Lieutenant-Governor, the State Controller, the State Treasurer, the Secretary of State, and Superintendent of Public Instruction, for furnishing fuel, lights, preparing legislative halls, and preparing furniture for the tenth session of the State Legislature, fifteen hundred dollars; for repairs, alterations and improvements in the State Capitol building, and for the purchase of such furniture and fixtures as may be necessary in the several State offices, seven thousand dollars, and the said Board of Capitol Commissioners, are hereby empowered to make such improvements and alterations in said building, as may be necessary to meet the requirements of the several State officers, and for the preservation of the records of their respective offices, for stationery, fuel and lights, for State officers, and the State Capitol building, five thousand dollars; for Current Expense appropriation to defray the telegraphic, postage and contingent expenses of the several State officers, Supreme Court and State Library for transportation of books and documents, storage and transportation of State property, nine thousand dollars; for improving and keeping up the Capitol grounds, three thousand dollars; for insurance upon State Library and Capitol building, two thousand five hundred dollars, to be expended only in case that such insurance can be effected for three years, upon a valuation of one hundred thousand dollars, by the payment of two years premium, and within the limits of this appropriation; for pay of two porters and one night watchman, for the State Capitol, seven thousand dollars. |
κ1879 Statutes of Nevada, Page 75 (CHAPTER 70)κ
|
Sec. 2. The various State officers to whom appropriations other than salaries are made under the provisions of this Act, shall, with their biennial reports, submit a detailed and itemized statement under oath of the manner in which all expenditures for their respective departments, other than the payment of salaries as aforesaid, have been expended, and that all such expenses were actually and necessarily incurred; provided, that no officer shall use or appropriate any money for any purpose whatsoever, unless authorized to do so specifically by law. Sec. 3. Nothing herein contained shall be so construed as to apply to any appropriation that may have been or that may hereafter be made specifically by law. |
State officers to make reports of expenditures.
Proviso.
Application of Act. |
________
|
Chap. LXXI.An Act to amend an Act entitled An Act to reincorporate the City of Virginia, and to provide for the Government thereof, and to repeal all other laws in relation thereto, approved March second, eighteen hundred and seventy-seven.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventeen of an Act of the Legislature of this State entitled An Act to re-incorporate the City of Virginia, and to provide for the government thereof, and to repeal all other laws in relation thereto, approved March 2, 1877, is hereby amended so as to read as follows: Section Seventeen. The Board of Aldermen shall have power: First. To make by-laws and ordinances, not repugnant to the Constitution or laws of the United Stated, 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 County purposes, except 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; 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, provide 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, |
Amendment to Act of 1877.
Powers of Board of Aldermen to make by-laws and ordinances. Tax levy and collections. Proceeds of mines excepted. Limit of taxation. Prisoners to be embloyed. Chain gang not to be established. Streets and alleys, drainage, etc. Sidewalks, bridges, sewers, etc. Property to be condemned for public use. |
κ1879 Statutes of Nevada, Page 76 (CHAPTER 71)κ
|
Referees in case of condemnation of property. Decision as to valuation. Judge of the District Court to appoint referee. In case the owner of property is dissatisfied. Court to determine. Cases of conflicting claims to property.
City to pay amount of valuation to Clerk of Court. City not liable for costs. Costs, how taxed. Exceptions in cases of new trials. The city to tender amount of valuation to the owner. Payment may be made to the Clerk of Court. To become city property. Board of Fire Commissioners. Clerk of Board. Commissioners to organize and elect a president. Preparation of Fire Department for active operation. Board to meet. |
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 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, 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. Upon the 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, 1877. The Board shall meet on the second day of March, and thereafter at such times as they, by adjournment or resolution shall direct, |
κ1879 Statutes of Nevada, Page 77 (CHAPTER 71)κ
|
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 interests 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 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 district 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 enforcement of all fire ordinances, examine buildings in process of erection, report to the Board the violation 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, |
Board to adopt rules.
To locate cisterns, hydrants, etc.
Officers of Department Police. Increase of force. Appointment of fire officers. Term of service. Officers removable.
Districts to be laid out. Appointees residents of districts for which appointed. Disqualified persons. Duties of firemen.
Engine, etc. under control of. Cause of fire inquired into, and duties of Chief. Buildings in course of erection to be examined. Prosecutions for violation of ordinances. Care of property at fires.
Duties of Chief Engineer continued. |
κ1879 Statutes of Nevada, Page 78 (CHAPTER 71)κ
|
Interference at fires.
Assistance in cleaning apparatus after using.
Salaries of officers.
Purchase of engines, etc.
Moneys set apart for fire purposes.
How paid out, and fire Fund created.
Sale of extra and unnecessary property.
Storage of explosives. Nuisances. Police department |
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, impeding the Chief Engineer in the discharge of his duty, 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: The 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 or 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 the 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 money 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. 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 jailors, to prescribe their duties and compensation, and provide for the regulation and government of the same, but the pay of the regular policemen and jailors at any one time shall not exceed the sum of fifteen thousand dollars per annum; |
κ1879 Statutes of Nevada, Page 79 (CHAPTER 71)κ
|
the regular policemen and jailors 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 theatres 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, bar-rooms, 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 of business is in said city, or who have an agency therein; to fix and collect a license tax on and regulate auctioneers, assayers, barbers, boot-blacks, boot-makers and cobblers, brokers, factors and general agents, cock-pits, dog-pits, stage companies, freight companies, grocers, merchants, traders, hay yards, corrals and barns, boarding-houses, lodging-houses, insurance and insurance agents, lumber yards, manufacturers, markets, public criers, bell ringers, quartz mills, shooting galleries, skating rinks, solicitors, tailors, telegraph companies, water companies, gas companies, tradesmen, artisans, vehicles employed for hire or public use, and stock brokers; 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, 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, 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, |
Expenses of Department Licenses.
Houses of ill fame and district prescribed.
Statements of business firms, etc.
Average of amount of business, how computed.
Refusal or neglect to furnish the required statement. |
κ1879 Statutes of Nevada, Page 80 (CHAPTER 71)κ
|
Penalty.
Public buildings. Board of Health. Riots. Fines and punishments.
Attendance of members and expulsion.
Contracts and agreements.
Oaths. |
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 that 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. |
________
|
County Recorder to keep mining records.
Responsibility of Recorders. |
Chap. LXXII.An Act to provide for the better preservation of the Mining Records in certain Mining Districts in this State.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In every mining district in this State in which the seat of government of any County is situated, the County Recorder of said County shall be ex-officio District Mining Recorder, subject, in the discharge of his duties, to such rules, regulations, and compensation, as may be now in force or hereafter prescribed by the mining laws of the mining districts respectively to which this Act is applicable. He shall, as such ex-officio Mining Recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe-keeping of all the Records thereof. |
κ1879 Statutes of Nevada, Page 81 (CHAPTER 72)κ
|
Sec. 2. This Act shall take effect and be in force from and after the first day of August, A. D. 1880. |
Act to take effect. |
________
|
Chap. LXXIII.An Act to prohibit the employment of Chinese and Mongolians in certain cases.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act, no Chinaman or Mongolian shall be employed directly or indirectly in any capacity on any public works, or in or about any buildings or institutions, or grounds, under the control of this State. Sec. 2. Hereafter no right of way or charter, or other privileges for the construction of any public works by any railroad or other corporation or association shall be granted to such corporation or association, except upon the express condition that no Mongolian or Chinese shall be employed on or about the construction of such work in any capacity. Sec. 3. Any violation of the conditions of this Act shall work a forfeiture of all rights, privileges, and franchise granted to such corporation or association. |
Chinamen or Mongolians not employed on any public works. Charters of other privileges not to issue unless with proviso.
Penalties for violation. |
________
|
Chap. LXXIV.An Act concerning Railroad Corporations or Companies.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All Railroad Corporations or Railroad Companies, organized and acting in the manner and form of such corporations or companies, whose projectors or promoters have filed articles of association in the office of the Secretary of State, for the purpose of being incorporated, but which articles of association may be defectively acknowledged, or may in some manner be defective, owing to said articles of association appearing to be signed by the proxy of some of the subscribers to said articles of association instead of in person. Said articles of association, so executed and filed, are hereby legalized and declared to be as valid as if said articles of association, when filed, had been properly signed and acknowledged. |
Signatures by proxy to articles of associations etc., legalized. |
κ1879 Statutes of Nevada, Page 82 (CHAPTER 74)κ
|
How construed. |
Sec. 2. Nothing herein contained shall be construed so as to impair any rights which have heretofore been acquired or vested in any person whatever. |
________
|
Unlawful to kill certain birds, or disturb their nests.
Unlawful to kill game birds during certain seasons.
Trapping and netting Quail prohibited. Nests and eggs. Sage Hens and Prairie Chickens. Certain Counties.
Deer, Elk, etc., protected certain seasons. |
Chap. LXXV.An Act to amend an Act entitled An Act to preserve wild game, and to repeal all other Acts in relation thereto, approved February twenty-third, eighteen hundred and seventy-seven.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, at any time, to kill or injure, or to pursue with such intent, any sparrow, blue-bird, blue jay, martin, thrush, mocking-bird, swallow, red-breast, cat-bird, wren, or humming bird, or to disturb the nest or eggs of said birds. Sec. 2. It shall be unlawful for any person or persons, at any time between the first day of April of any year, and before the first day of September following, to catch, kill or destroy, or to pursue with such intent, any partridge, pheasant, woodcock, quail, or any wild-goose, wood-duck, teal, mallard or other ducks, sand-hill crane, brant, swan, plover, curlew, snipe, grouse, robin, meadow-lark, yellow hammer, or bittern; and after the first day of April, and before the first day of August in each year, except in the counties of Humboldt, Elko, Eureka and Lander, hereinafter provided for, any sage-cock, hen or chicken. Sec. 3. It shall be unlawful for any person or persons within this State, at any time, to trap or net quail, or to destroy, injure or disturb the nest or eggs of any of the birds protected by this Act. Sec. 4. It shall be unlawful for any person or persons to catch, kill or destroy, or pursue with such intent, within the counties of Esmeralda, Douglas, Ormsby, Lyon, Storey, Churchill, and Washoe, any sharp-tailed grouse, so-called prairie chicken, before the first day of September, eighteen hundred and eighty-one, nor within the counties of Humboldt, Elko, Eureka and Lander, after the fifteenth day of March, and before the fifteenth day of August in each year, or in said counties of Humboldt, Elko, Eureka, and Lander, any sage-cock, hen or chicken, after the fifteenth day of March, and before the fifteenth day of July in each year. Sec. 5. It shall be unlawful for any person or persons, at any time after the first day of January, and before the first day of August in each year, to catch, kill or destroy, or to pursue with such intent, any deer, antelope, elk, mountain sheep or goat, or to have in his or their possession, or to expose for sale, or to purchase any of the animals mentioned in this section, during the season, when the killing, injuring or pursuing is herein prohibited. |
κ1879 Statutes of Nevada, Page 83 (CHAPTER 75)κ
|
purchase any of the animals mentioned in this section, during the season, when the killing, injuring or pursuing is herein prohibited. Sec. 6. It shall be unlawful for any person or persons within this State to have in his or their possession, or to expose for sale, or to purchase from any person whomsoever, either Indians or any other person, any of the birds, wild game, or animals mentioned in this Act during the season wherein the killing, injuring, or pursuing is herein prohibited; provided, that nothing in this Act shall be so construed as to prohibit any person or persons in taking any bird, fowl, fish or animal at any time for scientific purposes. Sec. 7. Every person or persons offending against any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than twenty-five dollars, nor more than two hundred dollars, or imprisoned in the County Jail of the County in which said conviction is had, for any term not exceeding six months, or by both such fine and imprisonment, and the prosecuting witness shall be entitled to receive a fee equal to one half of the amount of any such fine imposed on each conviction. Sec. 8. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Possession of birds and game unlawful.
Proviso. Scientific purposes.
Fines and penalties.
Fee of witness.
Repealed Acts. |
________
|
Chap. LXXVI.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 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventy-one is hereby amended so as to read as follows: Section Seventy-one. On the second Monday in each month the Sheriff shall pay over to the Treasurer all moneys received by him from licenses, and take from the Treasurer duplicate receipts therefor. The said Sheriff shall immediately on the same day return to the County Auditor all licenses not issued or disposed of by him, and the County Auditor shall credit him with the amount so returned; also, the receipts of money paid to the County Treasurer, which receipts shall be filed with the County Auditor. The County Auditor shall charge the Treasurer therefor, and open a new account with the Sheriff for the next month. |
Amendment Sheriffs duties. Licenses. Unissued license blanks to be returned to County Auditor. |
________
κ1879 Statutes of Nevada, Page 84κ
|
H. Knight-appropriation for relief of. Services. |
Chap. LXXVII.An Act to pay the claim of H. Knight, Assessor of Eureka County.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred dollars is hereby appropriated out of any money in the General Fund of this State, not otherwise appropriated, to pay the claim of H. Knight, Assessor of Eureka County, for services rendered in making up the Militia Rolls of Eureka County, for the years eighteen hundred and seventy-seven, and eighteen hundred and seventy-eight. |
________
|
Duty of chairman of County Commissioners in case of death of Registry Agents. Fill vacancy. Qualification of appointee. Failure to qualify.
Voters, when qualified.
Act how to be construed by Commissioners. Repealed Acts. |
Chap. LXXVIII.An Act to provide for the Registration of Voters in case of death, or resignation of Registry Agent.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the Chairman of the Board of County Commissioners of any county of this State, upon receiving notice from any responsible citizen of the death or resignation of any Registry Agent in their county, after the opening and prior to the closing of the Books of Registration, to immediately, without giving notice, appoint some competent person to fill such vacancy. Sec. 2. It shall be the duty of such person, so appointed, to qualify within two days after receiving notice of such appointment. Sec. 3. In case of the failure of such person so appointed to qualify within the time herein provided, voters may, upon producing evidence as to their right to vote, be registered at any other precinct in said county. Sec. 4. Any person so registered shall, upon presentation and surrender of a certificate of registration, signed by the Registry Agent of said precinct, be considered a legal voter in any precinct of said county. Sec. 5. This Act shall not be so construed as to interfere with the right of the full Board of Commissioners to make such appointment, except in cases herein provided. Sec. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
________
κ1879 Statutes of Nevada, Page 85κ
|
Chap. LXXIX.An Act for the relief of Jerry Schooling, late State Treasurer.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seventy dollars is hereby appropriated out of the General Fund, to indemnify Jerry Schooling, late State Treasurer, for counterfeit moneys received by him during his term of office. Sec. 2. The State Controller is authorized and directed to draw a warrant for the above amount, in favor of said Jerry Schooling, and the State Treasurer is authorized and directed to pay the same immediately after the passage of this Act. |
Jerry Schooling, appropriation for.
Warrant to be drawn and paid. |
________
|
Chap. LXXX.An Act to provide a supply of water for the Capitol and the State Orphans Home.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the Board of State Capitol Commissioners and the Board of Commissioners of the State Orphans Home be, and they are hereby, constituted a Joint Commission, with full powers to purchase a supply of water for the use of said buildings and grounds, and to provide for conducting the same to said buildings and grounds. Sec. 2. That the sum of five thousand dollars be and the same is hereby appropriated to provide a supply of water by the means of artesian wells or otherwise, as the judgment of said Board shall deem best to secure a sufficient supply for use in the Capitol of the State of Nevada and in the State Orphans Home, and for the irrigation of the grounds belonging to said buildings. Sec. 3. That it shall be the duty of the Surveyor-general of the State of Nevada to make or cause to be made, without expense to the State, any surveys that may be requested by said Joint Commission in connection with said water supply. Sec. 4. That so far as the same can be advantageously used, the labor of the prisoners in the Nevada State Prison shall be used in and about any work connected with supplying water for said buildings and grounds. Sec. 5. That the Controller of the State of Nevada is hereby authorized and directed to draw his warrant on the Treasurer of the State of Nevada for any sum of money not exceeding five thousand dollars, payable out of the General Fund, upon the requisition of said Joint Commission, for the payment of the expenses incident to procuring said supply of water, and the Treasurer is hereby directed to pay the same. |
Water supply for Capitol and Orphans Home, and how obtained. Appropriation.
Surveys free.
Prison labor to be utilized.
Warrants, and how drawn. |
κ1879 Statutes of Nevada, Page 86 (CHAPTER 80)κ
|
Proviso. |
five thousand dollars, payable out of the General Fund, upon the requisition of said Joint Commission, for the payment of the expenses incident to procuring said supply of water, and the Treasurer is hereby directed to pay the same. Sec. 6. If the said Board of Commissioners shall find that a sufficient amount of water cannot be obtained to meet the requirements of this Act, for the amount herein appropriated, then they shall not expend any of the above appropriation. |
________
|
L. Morris & Co., and others, relief for.
Services.
Warrants to be paid.
Act takes effect. |
Chap. LXXXI.An Act for the relief of L. Morris & Co., S. C. Wright, John P. Meder, and the Western Union Telegraph Company.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State is hereby authorized and directed to draw his warrant on the General Fund of the State in favor of L. Morris & Co., for the sum of forty-four dollars and twenty-five cents; S. C. Wright, for one hundred and twenty dollars; John P. Meder, the sum of sixty dollars; and the Western Union Telegraph Company, the sum of three dollars. The said above-mentioned sums, aggregating in the amount of two hundred and twenty-seven dollars and twenty-five cents, which were contracted to be paid by the State, by the Chairman of Committee of Arrangements of the Assembly, directing said Committee to make the necessary arrangements for the funeral of the late R. L. Wash, deceased, and late member of Assembly from Lincoln County. Sec. 2. It shall be the duty of the State Treasurer to pay said warrants, on presentation, out of any moneys not otherwise specifically appropriated. Sec. 3. This Act shall take effect from and after its passage. |
________
|
Artesian wells, encouragement for sinking same. |
Chap. LXXXII.An Act to encourage the Sinking of Artesian Wells.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm, company, corporation or association that shall from and after the passage of this Act, commence the sinking of artesian wells, within this State, shall be entitled for sinking said artesian well, after the first five hundred feet shall have been sunk, the sum of two dollars per foot, to be paid in the manner provided for in section four of this Act. |
κ1879 Statutes of Nevada, Page 87 (CHAPTER 82)κ
|
be entitled for sinking said artesian well, after the first five hundred feet shall have been sunk, the sum of two dollars per foot, to be paid in the manner provided for in section four of this Act. Sec. 2. Every person, firm, company, corporation or association that proposes taking the benefit of this Act shall, prior to reaching the five hundred feet depth mentioned in section one, file with the County Recorder of the County in which said well is situated a sworn statement, setting forth (if on surveyed land) the range, township, section and subdivision of section, and if on unsurveyed lands, then the statement shall contain such description as will enable the Commissioner, hereinafter provided for, to ascertain its locality. Sec. 3. Whenever any person, firm, company, corporations or association shall report to the Board of County Commissioners the completion or sinking of a well, at a greater depth than five hundred feet, and demand the bounty provided for in this Act, the said Board of County Commissioners shall authorize and instruct their chairman, or a member of their body, or some other suitable person, to proceed to said well, measure, and report under oath its depth to said board, provided, that the expense of said measurement, including report and traveling fees, to and from said well, shall not exceed the sum of twenty-five dollars, which amount shall be paid by the party making demand for bounty. Sec. 4. If, upon measurement, the Board of County Commissioners find said well to exceed in depth five hundred feet, they shall allow, audit and instruct the County Auditor to draw his warrant on the General Fund of the County, in favor or such person, firm, company, corporation or association, for the sum of two dollars per foot, for each and every foot sunk, after the first five hundred feet, provided, said well or wells shall flow water to be used for mining, manufacture, agriculture and domestic purposes. Sec. 5. Every person, firm, company, corporation or association, that shall have, prior to the passage of this Act, commenced to sink an Artesian Well, or wells, and shall have reached the depth of three hundred feet or more, shall be entitled to receive the benefit of the provisions of this Act for each and every foot sunk thereafter, provided, after the completion of said well or wells, they shall flow water as provided in section four of this Act. |
Bounty.
Statement to be filed prior to sinking wells. Where filed. Contents of Statement.
Examination of well to be taken by County Commissioners.
Expense of examination to be paid by party demanding bounty.
Warrant for same, how obtained and paid.
Proviso.
Certain persons entitled to the benefits of this Act. |
________
|
Chap. LXXXIII.An Act for the relief of Mrs. A. Whitford.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred dollars is hereby appropriated out of any money in the State Treasury, not otherwise specifically appropriated, |
Mrs. A. Whitford, appropriation for her relief. |
κ1879 Statutes of Nevada, Page 88 (CHAPTER 83)κ
|
Warrant. |
specifically appropriated, to pay the claims of Mrs. A. Whitford, and the State Controller is authorized and required to draw his warrant, in favor of Mrs. A. Whitford, for one hundred dollars, and the Treasurer is directed to pay the same. |
________
|
Amendment White Pine County Commissioners to levy special tax. Limit of tax Current Expense Fund created.
Amendment Money of Fund, how disbursed and for what purposes.
Proviso. |
Chap. LXXXIV.An Act to amend an Act entitled An Act to create a Current Expense Fund for White Pine County, which became a law March fourteenth, eighteen hundred and seventy-seven.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section Two. 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 twenty (20) cents on each one hundred dollars valuation of all the taxable property in said County, including the tax on the proceeds of 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. 2. Section three of said Act is hereby amended so as to read as follows: Section Three. 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, for services of janitor and jailor, not to exceed seventy-five dollars per month, stationery, printing, fuel and lights, board, clothing, bedding and medicines for prisoners confined in the County Jail, and until all claims of 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, including the wages of hospital steward, 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 certificates, or any part thereof, that may have accrued against said County for 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. |
κ1879 Statutes of Nevada, Page 89 (CHAPTER 84)κ
|
Sec. 3. Section four of said Act is hereby amended so as to read as follows: Section Four. 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. |
Amendment Surplus moneys to be distributed into other funds. |
________
|
Chap. LXXXV.An Act to fix the salary of the District Attorney of Eureka County.
[Approved March 6, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The salary of the District Attorney of Eureka County is hereby fixed at eighteen hundred dollars per annum. Sec. 2. Any part of any Act in conflict with this Act is hereby repealed. |
Eureka County District Attorneys Salary fixed.
Repealed. |
________
|
Chap. LXXXVI.An Act to provide for the purchase of portraits of Ex-Governors Henry G. Blasdel and Lewis R. Bradley.
[Approved March 7, 1879.]
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 specifically appropriated, for the purpose of purchasing the portraits of ex-Governors Henry G. Blasdel and Lewis R. Bradley, and the Controller of this State is hereby directed to draw his warrant for the sum of one thousand dollars in favor of Lussier and Hill, and the Treasurer is hereby directed to pay the same when the Secretary of State shall have certified to him (the Controller) that the aforesaid portraits have been deposited at his office. |
Portraits of Ex-Governors Blasdel and Bradley purchased, and appropriation made therefor. In favor of. How paid. |
________
κ1879 Statutes of Nevada, Page 90κ
|
Appropriation.
J. H. Matthewson, and others, at State Prison amount to each. Appropriation for Captain Gonnond.
Warrants. |
Chap. LXXXVII.An Act to pay J. H. Mathewson and others for extra and meritorious services as officers of the State Prison.
[Approved March 7, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand and ten dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated for the purpose of paying for extra and meritorious services: To J. H. Mathewson, the sum of five hundred dollars; to Nelson Bruette, the sum of one hundred and twenty dollars; to Privates Mitchell and Neisweinder, the sum of one hundred and twenty dollars each. The sum of two hundred and fifty dollars is hereby appropriated, to be expended under the direction of the State Board of State Prison Commissioners, for the purpose of purchasing a watch, and engraving a suitable inscription thereon, to be presented to Captain Gonnond on behalf of the State of Nevada. Sec. 2. The Controller of State is hereby directed to draw his warrant on the State Treasurer, in conformity with section one of this Act, in favor of J. H. Mathewson, Nelson Bruette and Messrs. Gonnond, Mitchell and Neisweinder, for the sums named respectively for each in section one of this Act, and the State Treasurer is hereby directed to pay the same. |
________
|
Portrait of Ex-Senator J. W. Nye purchased, and appropriation therefor. Warrant.
In favor of. |
Chap. LXXXVIII.An Act to provide for the purchasing of the portrait of Ex-Senator James W. Nye.
[Approved March 7, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated specifically for the purchase of the portrait of Ex-Senator James W. Nye, painted by Pebbles and Baldwin. Sec. 2. One the deposit of the portrait mentioned in section one of this Act with the Secretary of State, said Secretary of State shall certify the same to the State Controller, who is hereby authorized and required to draw his warrant in favor of Messrs. Pebbles and Baldwin for the sum of five hundred dollars, and the State Treasurer is hereby directed to pay the same. |
________
κ1879 Statutes of Nevada, Page 91κ
|
Chap. LXXXIX.An Act to pay the claim of F. H. Harmon.
[Approved March 7, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred and twenty-five dollars is hereby appropriated out of any money in the General Fund of this State not otherwise appropriated, to pay the claim of F. H. Harmon, Ex-Clerk of Eureka County, for services rendered for making up the Militia Rolls of Eureka County in triplicate form, for the years eighteen hundred and seventy-six, eighteen hundred and seventy-seven, and eighteen hundred and seventy-eight. Sec. 2. The State Controller is hereby required to draw his warrant in favor of F. H. Harmon, for the sum of two hundred and twenty-five dollars, as herein provided, and the State Treasurer is directed to pay the same. |
F. H. Harmon, appropriation for relief of. Services.
Warrant, |
________
|
Chap. XC.An Act for the relief of Benjamin F. Wallace.
[Approved March 7, 1879.]
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 directed to draw his warrant on the General Fund of the State, in favor of Benjamin F. Wallace, in the sum of fifty-nine dollars and forty cents, for thirty-three poll-tax receipts, lost on or about the twenty-fourth day of June, eighteen hundred and seventy-eight, by the said Benjamin F. Wallace, and not recovered, and which were accounted for and paid by him as Deputy Assessor and Tax Collector of Storey County, to the County Treasurer of said county. Sec. 2. The State Treasurer is hereby directed and required to pay said warrant on the State Treasurer upon the presentation thereof, out of any money in the said General Fund not otherwise specifically appropriated. |
B. F. Wallace, appropriation for relief of. For Blank Poll Tax receipt lost by him
Warrant. |
________
κ1879 Statutes of Nevada, Page 92κ
|
Certain copying into appendix dispensed with.
Printed reports to be filed. |
Chap. XCI.An Act repealing all matters relating to copying into an appendix the Annual Reports of the State offcers and other documents, and providing for the deposit of printed copies with the Secretary of State.
[Approved March 7, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. So much of the Act entitled an Act fixing the number of officers and employees of the Senate and Assembly, to define their duties, and to establish their pay, approved March seventh, eighteen hundred and seventy-three, as provides for the copying of Reports of State officers, and other documents into an appendix, is hereby repealed. Sec. 2. In lieu of the written appendix heretofore required, printed copies of State officers Reports, and other documents, shall be deposited with the Secretary of State, and it shall be his duty to properly file and preserve the same for future reference. |
________
|
C. M. Bennett, appropriation for relief of. Services
Duties of officers of Eureka County in connection therewith. |
Chap. XCII.An Act entitled an Act authorizing the County Commissioners of Eureka County, to pay the claim of C. M. Bennett.
[Approved March 7, 1879.]
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 C. M. Bennett, the sum of seven hundred and fifty dollars for services rendered to said county by said C. M. Bennett, in preparing and furnishing plans and specifications for a Court-house building for said county in accordance with the advertised bids of said Board of Commissioners, soliciting plans and specifications for said Court-house building. Sec. 2. The County Auditor of said county is hereby authorized and directed to audit said claim when so allowed by said Board of Commissioners, and the County Treasurer of said county is hereby authorized and directed to pay the same out of the General Fund of said County of Eureka. |
________
κ1879 Statutes of Nevada, Page 93κ
|
Chap. XCIII.An Act concerning Apprentices.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any male person under [under] the age of eighteen years, or any female person under the age of fifteen years, may be bound until they arrive at those ages respectively, or for any shorter period, to serve as a business clerk, or as an apprentice to any mechanics trade, or business or skilled labor in manner herein provided. Sec. 2. The Boards of County Commissioners in the several Counties in this State are hereby empowered to bind out any orphan (not otherwise provided for by law) or any destitute child, or the child of any person who shall not provide for the support and tuition of such child. Sec. 3. The indenture or covenant for a term of apprenticeship or service shall be signed and sealed by the father, or in case of death or inability of the father, shall be signed and sealed by the mother or guardian, or in case of an orphan or destitute child, by the District Judge of the District in which such orphan or destitute child resides, of the one part, and by the master, mistress, or guardian, of the other part. Sec. 4. The indenture or covenant for apprenticeship or service, shall contain a statement of the age and time of service of the minor, and if such age shall be unknown, then it shall be inserted according to the best information obtainable, which age shall, in relation to the term of apprenticeship or service, be deemed and taken as the true age of such minor. Sec. 5. The indenture or covenant by which any minor may be bound shall contain, in case of a female, bound to serve for four years or more, a covenant on the part of the master or mistress to teach, or cause such female minor to be taught, to read and write the English language, and also the first four rules of Arithmetic, and in all cases the master or mistress shall covenant to furnish such female minor with an ample supply of decent clothing, and wholesome food, and at the expiration of the term of service to furnish the said minor with two full suits of female wearing-apparel, and fifty dollars in money. Sec. 6. In case of a male minor being bound to serve five years of more, the master or mistress shall covenant to teach, or cause such minor to be taught, to read and write the English language, the rules and principles of common English Grammar, and so much of Arithmetic as will include the single rule of three. And in all cases to furnish such male minor with substantial food and decent wearing-apparel; and, also, at the expiration of the term of service, to furnish the said minor at least two suits of common clothing, each suit being of the value of not less than twenty-five dollars, and the sum of one hundred dollars in money, and the said master or mistress shall further covenant that all money or property stipulated to be delivered or paid by the master or mistress shall be secured to and for the sole use and benefit of the minor. |
Minors may be bound as apprentices.
Orphans and other children may by bound by County Commissioners. Indenture or covenant, how, and by whom signed.
Form of Indenture and covenants.
Contents of indenture, etc. Children to be taught.
Clothing, etc. At expiration of time child to be furnished with necessaries. Duties of master or mistress. Teaching.
Food and clothes. |
κ1879 Statutes of Nevada, Page 94 (CHAPTER 93)κ
|
Record of covenant, etc.
County Recorder to record all covenants, etc. Certified copies. Fees of Recorder and how paid.
Penalty of the Recorder.
County Commissioners duties.
Cruelties, etc.
Complaints.
Summons.
Jury to be summoned.
In case of breach of contract.
Verdict and Judgement. |
delivered or paid by the master or mistress shall be secured to and for the sole use and benefit of the minor. Sec. 7. It shall be the duty of the master or mistress to cause the indenture or covenant or service to be recorded within thirty days from the execution thereof, by the Recorder of the County in which the master or mistress resides, and on failure so to do the said minor shall be discharged from his or her service or apprenticeship, and the master or mistress shall remain liable for the payment of all property stipulated to be paid by his or her covenant. Sec. 8. It shall be the duty of the County Recorder to record all indentures or covenants of service or apprenticeship, in a book to be by him provided for that purpose, and he shall indorse the date of the receipt and the time of recording the same, and shall furnish certified copies of the same when required, for which service he shall be entitled to such fees as are provided by law for such labor, the same to be paid by the person or persons requiring such certified copy; and a certified copy of the indentures shall be prima facie evidence of the existence and stipulations of said indenture; and any County Recorder who shall neglect or refuse to comply with the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor exceeding five hundred dollars. Sec. 9. It shall be the duty of the County Commissioners, in the County where any minor is bound, as provided in this Act, to inquire as often as once in every three months into the usage of any minor bound as aforesaid, and to defend such minor or child from the cruelty, neglect, or breach or covenant of the master or mistress, or any parent, guardian or trustee, or friend of any such male or female minor bound as aforesaid, as well as the Board of County Commissioners, may enter complaint against such master or mistress before any Justice of the Peace, in the County where any such master or mistress resides, and such Justice of the Peace shall summon such master or mistress forthwith to appear before him, and if he can reconcile the parties to each other he shall make such order therein as the equity and justice of the case may require. Sec. 10. If said Justice of the Peace shall be unable to settle and adjust the difference in dispute between the parties, he shall issue a venire to any constable of the township to summon five disinterested citizens, to be therein named, to meet at a time and place, certain not to exceed three days thereafter, and the five jurors or such other persons as the Justice may appoint, in case of their failure to attend, when met and qualified, shall proceed to hear the evidence in the case, and if they find such master or mistress guilty of a breach of his or her indenture or covenant, or neglect or refusal to furnish necessary food or clothing, or of cruelty toward such minor, they shall render their verdict in writing accordingly, and shall assess the damages such minor or child may have sustained. Sec. 11. Whereupon the Justice shall enter the verdict in his docket, and shall render judgment thereon for the damages so found by the jury, |
κ1879 Statutes of Nevada, Page 95 (CHAPTER 93)κ
|
found by the jury, and costs against said master or mistress, and award execution accordingly; and the indenture or covenant of service shall be void from the rendition of judgment; but if the jury shall find the defendant not guilty, the Justice shall render judgment for costs against the parent, guardian, trustee, friend, or other party or parties who have made the complaint (when such complaint has been made without probable cause), as the case may be, and shall issue execution accordingly. Sec. 12. When the conduct and habits of the minor apprentice, clerk or servant shall become immoral and dissolute, and when such minor shall act in disregard of the reasonable commands of his or her master or mistress, when the authority of such master or mistress shall be exerted for his or her reformation without effect, the master or mistress may complain to any Justice of the Peace in the county, who shall give notice to the Board of County Commissioners, and to the parent, guardian, trustee or friend of such minor, as the case may be, and such proceedings shall be had as to summoning and impaneling a jury, provided in section ten of this Act; and if upon such investigation the said jury shall be of opinion that said master or mistress should be discharged from his or her covenants, they shall certify the same in writing to said Justice, who shall enter the same upon his docket, and thereupon the said indenture shall be void. But no judgment for costs shall be entered against any Board of County Commissioners, nor against any parent, guardian, trustee or friend of said minor, but the said costs (except for the witnesses for the minor) shall be paid by the master or mistress. Sec. 13. The juror and witnesses summoned and attending under the provisions of this Act shall be allowed two dollars per day, and the Justices and Constables such compensation as is allowed by law for similar services. Sec. 14. Every person who shall counsel, persuade, entice, aid or assist any minor or apprentice, clerk or servant, as provided for in this Act, to run away, or absent himself or herself from the service of his or her master or mistress, shall forfeit and pay a sum not exceeding two hundred dollars, to be sued for and recovered by action of debt, with costs, by such master or mistress, before any Justice of the Peace having jurisdiction thereof. Sec. 15. Every person who shall harbor or conceal any minor, apprentice, clerk or servant, as provided in this Act, knowing such apprentice, clerk or servant to have run away, shall forfeit and pay to such master or mistress a sum not to exceed two hundred dollars, damages to be recovered in an action on the case before any court having competent jurisdiction thereof. Sec. 16. No Board of County Commissioners, nor any parent, guardian, trustee or friend of any minor or apprentice, clerk or servant, provided for by this Act, shall be liable, upon any covenant contained in any indenture or covenant of service, unless the same shall contain an express covenant therein that the said Commissioners, parent, guardian, trustee or friend of such minor is made individually liable. |
Costs. Covenant, etc. made void.
Complainant to pay costs in certain cases. Bad conduct of child.
Costs not payable by county. Fees or jurors and witnesses and how paid.
Penalties of persons aiding runaways.
Penalties for concealing runaways.
Relative to liability of guardians, etc. |
________
κ1879 Statutes of Nevada, Page 96κ
|
Ormsby County Commissioners to procure plans and estimates. Purchase of land and construction of court-house. Repairs to old court-house. To be submitted to vote by tax-payers. Publication of estimates Time of voting to be fixed. Questions submitted. Ballots and contents. Inspectors and clerks. Returns. Majority required to indorse the construction. Bids advertised for. Repairs. Proviso.
Bonds to be issued and the amount. Size of bond. Interest and when payable. Where payable. |
Chap. XCIV.An Act to authorize the purchase of land, and building a Court-house, in Ormsby County, or repairing and reconstructing the Court-house now in said county, as the taxpayers may elect, and to authorize the issue of bonds for payment of any indebtedness thereby created.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Ormsby are hereby authorized to procure plans and estimates: First. For the purchase of land and the construction of a new Court-house in said county; Second. For repairing and improving the old Court-house. Said commissioners shall cause to be procured a voting list, by enrolling thereon the names of all citizens contained on the Tax-roll of 1878, and such others as may have been added to the Tax-roll of 1879, prior to the making of such voting list, and all persons thus enrolled shall be allowed to vote upon the questions of building or repairing and improving, as hereinafter provided. Sec. 2. After procuring plans and estimates as required in section one of this Act, said Board of Commissioners shall publish the amount of said estimates, and leave open to inspection the plans submitted. They shall also fix upon a time and place or places for holding an election, and give at least twenty-days notice thereof, at which election the questions submitted shall be as follows: For a new Court-house. For repairing and improving. Said commissioners shall furnish printed ballots, containing the above propositions for use of voters at the election so called. A Board of Inspectors and Clerks shall be appointed as at other elections, and the tally lists shall be kept and returned in like manner. If it shall appear by such returns that three fifths of the votes cast are for building a new Court-house, then said commissioners shall proceed to advertise for bids according to plans and estimates for a new building; if three fifths of such votes are for repairing and improving, the said commissioners shall proceed accordingly, and it is provided that unless three fifths of such votes cast are for one of the propositions submitted, no further action by said commissioners shall be had in the matter of building or improving under this Act. Sec. 3. In case the taxpayers shall elect to build or improve as before provided, said County Commissioners are hereby authorized and empowered to issue the bonds of said County of Ormsby to the amount of twenty-five thousand dollars. Said bonds shall be of amount not more than one thousand dollars, nor less than one hundred; shall bear interest at not exceeding seven per cent. per annum, payable semi-annually in gold coin; shall be printed with coupons attached thereto; they shall be payable to bearer at the office of the County Treasurer of said county in not more than ten years from their date. The bonds shall be signed by the president of the board and countersigned by the clerk, who shall attach thereto the county seal. |
κ1879 Statutes of Nevada, Page 97 (CHAPTER 94)κ
|
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. 4. To provide for an interest and sinking fund, said board are authorized and required to levy and collect annually, upon all the taxable property of said county, ten cents on each one hundred dollars of valuation, to be applied exclusively to the payment of said bonds and interest; provided, however, that any surplus arising from such assessment, after payment of the annual interest on said bonds, shall revert to the General Fund. Sec. 5. At the expiration of seven years after the issuing of said bonds, the County Commissioners of Ormsby County shall assess annually on the taxable property of said county, an amount sufficient to pay one third of the amount due on said bonds, with interest; to continue said assessment until all of said bonds are provided for or paid; and whenever five thousand dollars or more have accumulated in said interest and sinking fund, said commissioners shall advertise for the surrender of such bonds, or so much thereof as may be provided for in said fund, and shall pay as many as the money in said fund may warrant. In case more bonds are offered than can be paid for by money in said fund, said commissioners shall determine by lot which of said bonds so offered shall be paid first. No bond shall be thus paid at more than their par value. In case any bonds shall be offered at a discount, the lowest bids shall be received. Sec. 6. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed or modified in any way to impair the security of those who shall hold or purchase the bonds herein provided for. Sec. 7. In all cases where a contract is let by the Board of County Commissioners, they shall require a bond from the contractor for the payment of all labor and for all material furnished for the erection of any building or the repair thereof, and shall retain twenty-five per cent. of the contract price as a guarantee for the faithful performance of the contract. Sec. 8. In no case shall the amount expended for repairs and improvements, or for a new building, exceed the amount provided for by the issue of bonds. |
Bonds how signed, etc. Seal and coupons. Interest and Sinking Fund created, and tax therefor How applied. Proviso. Surplus to revert.
County Commissioners to assess taxes.
Advertise for surrender of bonds. Preference to be determined by lot. No bond redeemed at over par value. Lowest bid accepted. Validity of Act.
Bonds required of contractors.
Limit of expenditure |
________
|
Chap. XCV.An Act to authorize the School Trustees of Eureka School District, in Eureka County, Nevada, to issue Bonds for School Purposes.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of School Trustees of Eureka School District, in Eureka County, Nevada, are hereby authorized and empowered to issue bonds in the sum of twenty thousand dollars, or any part thereof, for the purpose of purchasing a lot or lots of land, and constructing and furnishing school buildings thereon. |
Eureka School Trustees authorized to issue bonds and erect school buildings. |
κ1879 Statutes of Nevada, Page 98 (CHAPTER 95)κ
|
Purchase of lots, etc.
Bonds, how issued.
Interest. Redeemable
Tax levy.
Rate of taxation.
How assessed and collected. Fund created.
Form of bonds. |
empowered to issue bonds in the sum of twenty thousand dollars, or any part thereof, for the purpose of purchasing a lot or lots of land, and constructing and furnishing school buildings thereon. Sec. 2. The bonds to be issued under the provisions of this Act shall run not to exceed five years, shall be in sums not exceeding one thousand dollars, nor less than two hundred dollars, shall bear interest at a rate not to exceed twelve per cent. per annum, and shall be redeemable annually at the office of the County Treasurer in Eureka, Eureka County, Nevada. Sec. 3. The Board of County Commissioners of Eureka County are hereby authorized and empowered, at the time of the annual levy of taxes for State and County purposes for the year eighteen hundred and seventy-nine, and annually thereafter, to levy upon all the taxable property in the said Eureka School District 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 year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the County Treasury, and set apart to a fund which is hereby created, to be known as the Eureka School District Redemption Fund, and the money in said fund shall be paid out by the County Treasurer in payment of the interest of the bonds and principal aforesaid, as the same becomes due. Sec. 4. The Board of School Trustees shall prepare said bonds, in form and manner to carry out the provisions of this Act, and to make such other rules and regulations regarding the issuance, sale, redemption and payment of principal and interest on said bonds as will insure safety to the holders thereof, and payment at maturity. |
________
|
County officers empowered to employ criminals. City officers. Town officers. |
Chap. XCVI.An Act to authorize the employment of criminals confined in the several Jails throughout this State.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners in each and every county of the State of Nevada, the Mayor and Board of Alderman of each and every incorporated city within this State, and the Board of Trustees of each and every incorporated town within this State, are hereby authorized and required to make all necessary arrangements, as hereinafter provided, to utilize the labor of the prisoners committed to any Jails within any county, city or town within this State, for a term of imprisonment by the Judges of the several District Courts within this State, or the Justice of the Peace in any and all townships throughout this State. |
κ1879 Statutes of Nevada, Page 99 (CHAPTER 96)κ
|
State, or the Justice of the Peace in any and all townships throughout this State. Sec. 2. All prisoners sentenced by the judge of any District Court, or by the Justices of the Peace of any Justices Court, and sentenced to a term of imprisonment in any county, city, or town Jail, shall be deemed to have been also sentenced to labor during such term, unless the Judge or Justice of the Peace, sentencing said prisoner, for good cause orders otherwise. Sec. 3. The Sheriff of each and every county in this State shall have charge and control over all prisoners committed to his care and keeping, in their respective County Jails, and the Chiefs of Police and Town Marshals in the several cities and towns throughout this State shall have charge and control over all prisoners committed to their respective city and town Jails; and the said sheriff, Chiefs of Police and Town Marshals, and each of them, shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least six hours a day during six days of the week, when the weather will permit, when so required by either the Board of County Commissioners of their respective counties, or by the Mayor and Board of Alderman of their respective cities, or by the Board of Trustees of their respective towns. By the public works, as used in this Act, is understood the construction, or repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the said counties, cities, or towns, and the expense of which is not to be borne exclusively by individuals or property particularly benefited thereby. Sec. 4. In case any prisoner or prisoners are disobedient or disorderly, or do not faithfully perform their task, the said officers having charge of them may inflict punishment upon them by confining them in dark and solitary cells, and the officers so punishing shall keep a record of the punishment so inflicted, showing its cause, mode and degree, and duration, making a correct report of the same, on the last day of each month, to their respective boards in each county, city and town, together with the amount and character of work done by said prisoners during the month. Sec. 5. No prisoner or prisoners shall be allowed to go from the walls of the prison without a proper and sufficient guard. Sec. 6. For each month in which the prisoner appears, by the record provided for in section four of this Act, to have been obedient, orderly and faithful, five days shall, with the consent of the board having power in the premises, be deducted from his term of sentence. Sec. 7. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. |
Prisoners deemed sentenced to labor.
Proviso.
Sheriffs control.
Chiefs of police and Town Marshalls control. Duties of Sheriffs, chiefs of police, etc.
Public works, application of term.
Expense of repairs. Penalties for disobedience on part of prisoners. Punishment Officers to keep records and reports.
Guard of prisoners.
Rebate to prisoners for good conduct.
Repeal. |
________
κ1879 Statutes of Nevada, Page 100κ
|
Elko county Commissioners to contract a debt. County Jail to be constructed Limit of debt.
Commissioners. empowered
Bonds to be issued. Size of bonds. Interest coupons.
How drawn up and made payable. When and where payable.
Numbering of bonds and mode of signing. Purport of bond.
Signatures to coupons.
Record of all bonds issued to be kept.
Disposition of bonds.
Application of money derived from sale of bonds. |
Chap. XCVII.An Act to authorize the County of Elko to contract a debt and to issue bonds for the construction of a County Jail.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Elko County, Nevada, are hereby authorized and empowered to contract a debt and to borrow money on the faith and credit of the county, for the purpose of constructing a County Jail; provided, that the whole amount of such debt or money borrowed in the aggregate shall not exceed the sum of ten thousand dollars, exclusive of interest. Sec. 2. The Board of County Commissioners of said county, and their successors in office shall be and are hereby empowered to perform the duties hereinafter enumerated, to carry into effect the provisions of this Act. Sec. 3. The said Board of County Commissioners shall cause to be prepared, and shall have power to issue, on behalf of said county, bonds in sums of not less than two hundred dollars, nor greater than one thousand dollars each, with coupons for interest attached, bearing interest at the rate of ten per cent. per annum, payable in gold and silver coin, which bonds shall be made payable in gold coin and silver coin, which bonds shall be made payable at the treasurers office of said county, on the first day of January, one thousand eight hundred and ninety-nine, and the interest on the same shall be made payable by the treasurer of said county, at his office, annually, on the first day of the month of January in each year, on presentation of the coupons therefor as the same became due. Sec. 4. Back of said bonds so issued shall be consecutively numbered for each denomination, and shall be signed by the chairman of the Board of County Commissioners, and authenticated by the clerk of the said board, and shall purport, in substance, that the said county is indebted to the holder thereof in the sum named therein, payable and bearing interest as aforesaid, and that the faith and credit of the County of Elko is pledged for the redemption of the same. The coupons for interest shall also be signed by the chairman and clerk of the board, and shall be consecutively numbered, according to the date of payment. Sec. 5. The clerk of the Board of County Commissioners shall keep a record of all their proceedings, and all bonds that may be issued under this Act, showing the number, date and amount of each, and to whom issued; and as soon as such bonds can be prepared for issue, the Board of County Commissioners shall proceed to sell and dispose of a sufficient number and amount thereof to provide the moneys necessarily required for the purpose of constructing a County Jail and furnishing the same. Sec. 6. All sales of bonds shall be made for gold and silver coin of the United States. The moneys derived from the sale of such bonds shall be devoted solely and exclusively to the use and purposes declared in the foregoing section, |
κ1879 Statutes of Nevada, Page 101 (CHAPTER 97)κ
|
use and purposes declared in the foregoing section, shall be deposited in the County Treasury when received, shall be kept as a separate fund, to be designated the Jail Fund, and shall not be used, divested, appropriated or disposed of for any other purpose. The moneys so contained in such Jail Fund shall be drawn from the Treasury only upon the order of the Board of County Commissioners, signed by the Chairman, and countersigned by the Clerk thereof, specifying the purpose for which and the persons to whom the same are made payable. Sec. 7. Should there, however, be any money still remaining in the said Jail Fund unused and unappropriated, after the completion of the said County Jail, and furnishing the same as provided, then the said money shall by order of the Board of County Commissioners be transferred to the Jail Redemption Fund of said County. Sec. 8. All sales of bonds shall be made in the following manner: The Board of County Commissioners shall cause notice to be published for twenty days in any newspaper published in Elko County, inviting sealed proposals for the purchase of said bonds. The notice shall state the time and place of receiving such bids, the amount of bonds to be disposed of, and that bids will be received for one bond or more, naming the amount for which the bonds are issued, and that the payments for the same must be made in gold and silver coin of the United States. Parties proposing to purchase bonds offered as aforesaid must state in writing the amount they propose to purchase, and the rate per centum they propose to pay; provided, that no bid shall be accepted, nor any of such bonds sold by the Board for less than ninety per centum of the par value thereof. Sec. 9. At the time specified in the notice for receiving and considering bids, the Board of County Commissioners, or a majority of them, shall meet and proceed to open and consider the proposals, and may accept such as propose to purchase such bonds at the highest percentum of the par value thereof, as hinted in the last preceding section, or may reject any or all of such bids, and may re-advertise for proposals if sufficient funds be not provided by the acceptance of a portion or all of the bids so made. Upon the acceptance of any such bid, the Clerk of the Board shall immediately notify the bidder thereof and require him to pay to the County Treasurer the amount of the purchase-money in gold and silver coin within ten days thereafter, and upon the payment of such purchase-money by the bidder, shall deliver to him the bonds so purchased. Sec. 10. At any time after the opening, consideration, and acceptance of proposals for the purchase of such bonds, if it shall appear that the whole amount thereof so offered has not been taken, the Board of County Commissioners may proceed to sell the remainder, or any portion thereof, at private sale, to such purchasers as may present themselves; provided, that no bonds shall be thus sold for a less per centum of the par value thereof that those sold under the bids hereinbefore provided for, and in like manner the said Board of County Commissioners may issue and sell to any contractor or contractors such portion or amounts of said bonds as may be agreed upon between the parties, |
Fund created. Money, how paid out.
Transfer of balance in fund.
Publication of notice for sale of bonds.
Contents of Notice.
Purchasers style of bid.
Proviso.
Bids opened and considered.
Bids may be rejected. Notification of acceptance.
Delivery of bonds. Further provision for sale of bonds.
Private sale Proviso.
Sales to contractors. |
κ1879 Statutes of Nevada, Page 102 (CHAPTER 97)κ
|
Terms and rates.
Expenses of advertising, etc., how paid.
Tax levy for interest and redemption
Amount of tax. Application of money.
Fund created, and its purposes [This clause is meaningless.] Surplus.
Advertise for redemption
Bids opened and acted upon.
Taxation to cease.
Money to revert to General Fund.
Cancellation.
Penalty for misappropriation of funds. |
upon between the parties, at the rates and upon the terms and conditions hereinbefore prescribed for the payment of any materials furnished, or current liability incurred or contracted in the construction of said County Jail and furnishing thereof, but for no other purpose whatever. Sec. 11. The necessary expenses of preparing such bonds, advertising and issuing the same shall be paid out of any moneys in the General Fund of said County, not otherwise appropriated. Sec. 12. For the payment of the principal and interest of the bonds issued by authority of this Act, it shall be the duty of the County Commissioners of said County to levy and collect annually at the same time and in the same manner that other State and County taxes are levied and collected, a tax of five cents on each one hundred dollars valuation of the taxable property in said County, and the moneys derived from this tax shall be set apart and kept separate in the amount and manner hereinafter provided, from other moneys in the County Treasury, and shall be designated as the Jail Redemption Fund, and shall be applied to the payment of the interest accruing on the bonds herein provided for, and for the redemption and payment of said bonds. Sec. 13. Whenever on the first Tuesday in January of any year hereafter the payment of said bonds. Sec. 13. Whenever on the first Tuesday in January of any year hereafter the payment of the interest then accrued, there shall remain a surplus in the Jail Redemption Fund of five hundred dollars or upwards, the County Treasurer of said County shall proceed to advertise for not less than thirty days in some newspaper published in Elko County, inviting proposals from [for] the surrender of bonds issued under this Act; such advertisement shall state the time and place of receiving such bids, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received exceeding the par value thereof. The County Treasurer together with the Board of County Commissioners, shall proceed to open and consider such proposals at the time named in the advertisement, and shall accept such proposals at rates not exceeding the par value as may render [redeem] the greatest amount of bonds until the amount of cash on [hand] is exhausted. Sec. 14. Whenever the said bonds and interest, provided for in this Act, shall have been rendered or fully paid at maturity thereof, the tax authorized and levied by this Act shall cease, and all moneys then remaining in the Jail Redemption Fund shall be transferred, by order of the Board of County Commissioners, to the General Fund of said County. Sec. 15. Whenever the County Treasurer shall pay any coupons or bonds, under the provisions of this Act, he shall cancel the same in the usual manner, and turn them over to the County Auditor, who shall give them credit therefor in his books. Sec. 16. The use, appropriation, or diversion of any of the moneys mentioned and provided for in this Act, to any other purpose than as hereinbefore declared, shall be deemed a felony, and the party thus offending shall be subject to the penalties as provided by law for such offenses. |
κ1879 Statutes of Nevada, Page 103 (CHAPTER 97)κ
|
purpose than as hereinbefore declared, shall be deemed a felony, and the party thus offending shall be subject to the penalties as provided by law for such offenses. |
|
________
|
Chap. XCVIII.An Act to provide for the government of unincorporated towns in this State.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the powers and jurisdiction conferred by other laws, the Board of County Commissioners of this State shall have the following, with regard to the management of the affairs and business of any unincorporated town in their respective counties: First. Whenever a majority of the taxpayers, as appears from the last assessment roll, representing a majority of the taxable property of such town, petition the Board of County Commissioners for a town government, subject to the rules, regulations, government and such other by-laws, rules, regulations, and stating the metes and bounds of said town as the petitioners may designate and prescribe. The said Board of Commissioners shall, in accordance with the petition presented by said petitioners, examine and find that it appears from the books of the County Clerk that fifteen days previous to the filing of the aforesaid petition of the majority of taxpayers of such town, a notification of intent to present petition shall have been filed with the County Clerk, and published in at least one issue of some newspaper published in the county, signed by five taxpayers of such town. The genuineness of the signatures to the taxpayers petition for town government shall be attested by at least three reliable taxpayers of such town, and the sufficiency of the petition, as regards the number of petitioners and amount of taxable property represented by said petitioners, shall be passed and determined upon by comparison with the last assessment roll, by the County Commissioners, and if found sufficient, as by this section hereinbefore required, the Board of County Commissioners shall then have power: First. To establish and prescribe the metes and bounds of such town, the name by which such town shall be known (naming the town); Second. To levy and collect taxes on all property in such town made taxable by law, both real and personal, for sanitary purposes and payment of clerk, which shall not exceed the sum of one quarter of one per cent. on each one hundred dollars value of taxable property. Such taxes shall be levied, assessed and collected at the same time and in the same manner as State and county taxes are levied, assessed and collected. All moneys collected under the provisions of this Act shall be paid into the County Treasury to the Town Fund; Third. |
County Commissioners, additional powers granted. Petition of taxpayers for a town government Form of petition.
Notification of intent to file petition. Time of filing notification
Publication of petition. Signatures to be attested as to genuineness. Sufficiency of amount of taxable property to be determined upon Metes and bounds to be established. Tax levy. Purposes of tax.
Limit of taxation. Taxes, how assessed and collected. |
κ1879 Statutes of Nevada, Page 104 (CHAPTER 98)κ
|
Collections to go to town fund. Improvements. Payment for improvements provided for. Pro rata frontage. Provision for fire Department etc.
Create Fire Department in certain cases. Election of Chief Engineer. Storage of powder, etc. Dog tax.
To regulate houses of ill-fame. Remove nuisances.
Town orders to be published. Commissioners to make rules. Property owners liable for improvements, and penalty for refusal to pay. Suits for recovery.
Trial of suits. District Attorneys duties. Fees. Town orders.
Violations. |
ions of this Act shall be paid into the County Treasury to the Town Fund; Third. To raise, lower, widen, open, extend, and build sidewalks; to grade, open, widen and extend streets and alleys; to remove obstructions from sidewalks, streets or alleys; to provide for proper and sufficient drainage, sewerage and cleansing of said town, and require payment therefor of the property owners whose frontage is on the block street, or alley where such work is performed. The amount required for payment thereof shall be collected pro rata of the owners of frontage proportionate to the amount of such frontage on such improved street, alley or sidewalk. No such improvement shall be made except upon petition to the Board of County Commissioners of a majority of the frontage property owners upon any street, alley or block whereon such improvements are desired; Fourth. To provide for the prevention and extinguishment of fires; also to organize and regulate fire companies, or to create a fire department in any town that shall have two or more companies, and to provide for the election of a Chief of said department, whose salary (said Chiefs) shall not exceed the sum of forty dollars per month, payable out of the regular tax levied for fire purposes; Fifth. To regulate the storage of gunpowder and other combustible material; Sixth. To levy and collect an annual tax upon all dogs within the town, and to provide for the extermination of dogs for which such tax shall not have been paid; Seventh. To regulate houses of ill-fame, and establish and prescribe a district within which such houses shall be kept in such town; Eighth. To prevent and abate nuisances; also to determine what are nuisances; Ninth. The Board of County Commissioners shall provide, by order, for the annual election of the Chief of the Fire Department; Tenth. The Board of County Commissioners shall publish at least once a week, for two consecutive weeks, all orders of a general character, and shall make all needful rules and regulations governing all matters and things hereinbefore mentioned. Sec. 2. If any person or persons shall fail or refuse to pay the amount, or pro rata amount required by the Board upon their order duly made and entered in the minutes of their proceedings for the improvements mentioned in this Act, after the publication of notice thereof in a newspaper at least once a week for two consecutive weeks, as provided in section one of this Act, suit may be brought in the name of the said town against such person or persons for the recovery of such amount or pro rata amount remaining unpaid by such person or persons; such actions shall be tried in the same manner as other civil actions. It shall be the duty of the District Attorney of the county to prosecute all such actions, for which he shall receive a fee of three dollars, and five per cent. on the amount recovered to be collected as costs, provided, that in no case shall his services, fee, or fees, or percentage become a charge against, or paid by the town. Sec. 3. Any and all orders made and published as provided in section one by the Board of Police, sanitary regulation or government of said town, shall be known as a town order or orders, and it shall be unlawful for any person or persons to violate any order, |
κ1879 Statutes of Nevada, Page 105 (CHAPTER 98)κ
|
violate any order, rule, or regulation made by the board for the government of said town, and any person or persons violating any such order, rule or regulation to carry out the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the County Jail for a period of one day for each two dollars of such fine. The same fees may be allowed in such cases as in other criminal actions, to be collected from the defendants; provided, in no case shall the fees of any officer whatever become a charge against, or be paid by, such town. Sec. 4. The County Clerk shall keep a separate book for each town operating under the provisions of this Act, wherein shall be kept a record of the proceedings of the Board of County Commissioners relative to business affecting said town. The salary of the County Clerk for keeping such books shall not exceed in the aggregate the sum of three hundred dollars per annum, and shall be paid quarterly out of the moneys collected by taxation, and from the fund provided for in section one of this Act for sanitary and clerkship purposes. The current expenses of the town for any one year shall not exceed the amount of money on hand and the incoming revenues of said year. Sec. 5. Whenever the inhabitants of any unincorporated town of this State, that may have adopted the provisions of this Act for its government, becomes desirous of relieving themselves of its provisions, a petition signed and presented to the Board of County Commissioners in the same manner as required for the adoption of the provisions of this Act, as per section one herein, then said board shall declare the town government dissolved and at an end; provided, no debts or demands against such town then exist; and, provided further, that twelve months shall have elapsed from the date of the adoption of the provisions of this Act for the government of such town. |
Penalty.
Fees.
Record book kept by the County Clerk. Salary of County Clerk.
How payable.
Expenses must not exceed the income.
Dissolution of town government Petition for dissolution.
Proviso. |
________
|
Chap. XCIX.An Act to prevent slavery or involuntary servitude, unless for the punishment of crime, in the State of Nevada, and to enforce the provisions of Section seventeen of Article one of the Constitution of the State of Nevada.
[Approved March 8, 1879.]
Whereas, all Chinese who come to this Coast arrive here under a contract to labor for a term or years, and are bound by such contract, not only by the superstitions of their peculiar religions, but by leaving their blood relations, fathers, mothers, sisters, brothers, or cousins, as hostages in China for the fulfilment of their part of the contract; and whereas, such slave labor and involuntary servitude is opposed to the genius of our institutions, opposed to the prevailing spirit of the age, as well as to humanity and Christianity, |
Preamble. |
κ1879 Statutes of Nevada, Page 106 (CHAPTER 99)κ
|
Relative to involuntary servitude. Unlawful to collect wages by any company, person or persons. Unlawful to pay wages to any company or agent for services.
Penalty for violation of Act. |
as to humanity and Christianity, and degrades the dignity of labor, which is the foundation of Republican Institutions; and whereas, Section Seventeen of Article one of the Constitution of the State of Nevada reads as follows: Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The immigration to this State of all slaves and other people bound by contract to involuntary servitude for a term of years, is hereby prohibited. Sec. 2. It shall be unlawful for any company, person or persons, to collect the wages or compensation for the labor of the persons described in the first section of this Act. Sec. 3. It shall be unlawful for any corporation, company, person or persons, to pay to any owner, or agent of the owner of any such persons mentioned in section one of this Act, any wages or compensation for the labor of such slaves, or persons so bound by said contract to involuntary servitude. Sec. 4. Any violation of any of the provisions of this Act, shall be deemed a misdemeanor, and shall be punished by a fine of not less than three hundred dollars, nor more than one thousand dollars, or by imprisonment in the County Jail for a term of not less than three months or more than six months, or by both such fine and imprisonment. |
________
|
Relative to accepting from the United States two million acres of land. |
Chap. C.An Act accepting from the United States a grant of two millions or more acres of land, in lieu of the Sixteenth and Thirty-sixth Sections, and relinquishing to the United States all such Sixteenth and Thirty-sixth Sections as have not been sold or disposed of by the State.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada hereby accepts from the United States not less than two millions of acres of land in the State of Nevada, in lieu of the Sixteenth and Thirty-sixth Sections heretofore granted to the State of Nevada by the United States; provided, that the title of the State and its guarantees, to such Sixteenth and Thirty-sixth Sections as may have been sold or disposed of by the State, prior to the enactment of any such law of Congress granting such two millions or more acres of land to the State, shall not be changed or vitiated in consequence of, or by virtue of, such Act of Congress granting such two millions or more acres of land, or in consequence of, or by virtue of, this Act, surrendering and relinquishing to the United States the Sixteenth and Thirty-sixth Sections, unsold or undisposed of at the time such grant is made by the United States. |
κ1879 Statutes of Nevada, Page 107 (CHAPTER 100)κ
|
virtue of, this Act, surrendering and relinquishing to the United States the Sixteenth and Thirty-sixth Sections, unsold or undisposed of at the time such grant is made by the United States. Sec. 2. The State of Nevada, in consideration of such grant of two millions or more acres of land by the United States, hereby relinquishes and surrenders to the United States all its claim and title to such Sixteenth and Thirty-sixth Sections, in the State of Nevada, heretofore granted by the United States, as shall not have been sold or disposed of subsequent to the passage of any Act of Congress that may hereafter be made, granting such two millions or more acres of land to the State of Nevada; provided, that the State of Nevada shall have the right to select the two millions or more acres of land mentioned in this Act. |
The State relinquishes and surrenders all claim and title to 16th and 36th Sections. The right of the State to select two million o rmore acres of land. |
________
|
Chap. CI.An Act to authorize the County Commissioners of Washoe County to issue Bonds for the Construction of a Bridge across the Truckee River at Wadsworth, in said County, and to provide for the same.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe County are authorized and empowered, when in their judgement and discretion they may deem the same necessary and for the best interests of the county, to issue bonds in the name of the county to the extent of four thousand dollars, payment of both principal and interest thereof, for the purpose of constructing a bridge across the Truckee River at the town of Wadsworth, in said county. Said bridge shall be constructed of wood or iron, or both, as said County Commissioners may determine, and shall be of sufficient width for wagons to pass. Sec. 2. The Commissioners shall cause said bonds to be prepared. They shall 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 coupon may be removed without injury to the bond, and coupons consecutively numbered shall be signed by the County Treasurer Sec. 3. The County Commissioners are hereby duly authorized to negotiate the sale of the said bonds, the proceeds of which shall be placed in the County Treasury to the credit of a fund, to be known as the Wadsworth Bridge Fund, for the purposes mentioned in this Act. Sec. 4. The bonds shall be of the denomination of one hundred dollars and upward, and shall be numbered from one to the total number. |
Empowering the Board of County Commissioners of Washoe County to issue bonds. $4,000. For the construction of a bridge across the Truckee River. Bonds to be signed by.
Coupons for interest.
Wadsworth Bridge Fund created.
Denomination of bonds. |
κ1879 Statutes of Nevada, Page 108 (CHAPTER 101)κ
|
Interest on bonds, and how paid. Term of bonds.
Empowering Board of County Commissioners to levy and collect an annual tax.
Proceeds of tax to be kept by the County Treasurerin Wadsworth BridgeFund Publication of notice for redemption of bonds.
Act takes effect.
Act void in case of. |
total number. The interest shall not exceed eight per cent. per annum, payable annually, and in no case shall any of said bonds, issued by virtue of this Act, run a longer term than sixteen years from the date of issue, nor shall a greater amount than one thousand dollars of the principal of said bonds be made payable in one year. 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 of Washoe County is hereby authorized and empowered to levy and collect annually a tax of one tenth of one per cent. upon the assessed value of all the property, real and personal, within the boundaries of said Washoe County, until such bonds and the interest thereon shall have been fully paid. Such tax shall be assessed and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in the Wadsworth Bridge Fund. Sec. 6. The Board of County Commissioners shall, when necessary, give notice by publication in some newspaper, published at the County seat of Washoe County, for a term not exceeding sixty days, setting forth the amount of money on hand for the purpose of redeeming such bonds, and the number and date of bonds subject to redemption, together with the time at which the interest on said bonds will cease. Sec. 7. This Act to take effect and be in force from and after its passage; and provided, that should said bonds not be issued within four years after the passage of this Act, then the said Act shall be null and void. |
________
|
State officers salary made payable monthly.
Proviso.
Warrants. |
Chap. CII.Act Act authorizing the Payment of the Salaries of Officers fixed by law.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All State Officers whose salaries are fixed by law shall be entitled, from and after the passage of this Act, to receive same on the first of each calendar month; provided, that nothing in this Act shall be construed to mean the payment of salaries in advance. Sec. 2. The Controller is hereby authorized and directed to draw his warrant, and the State Treasurer to pay same, in accordance with the first section of this Act. |
________
κ1879 Statutes of Nevada, Page 109κ
|
Chap. CIII.An Act to provide for the recording of all contracts and agreements entered into by and between the State of Nevada and any person, persons, company or corporation.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be the duty of any officer, person or persons, authorized by law to enter into any agreement or contract on behalf of this State, to have the same reduced to writing, and after the signing of the same by the contracting parties, to deliver the said agreement or contract so reduced to writing, signed by the contracting parties, to the Secretary of State. Sec. 2. It shall be the duty of the Secretary of State, immediately upon receiving said agreements or contracts mentioned in section one of this Act, to file and record the same in a book to be kept for that purpose, to be known as the Agreement and Contract Book. |
Contracts and agreements to be filed with Secretary of State.
Recording and filing |
________
|
Chap. CIV.An Act to prohibit and punish the killing or branding of stock running at large by persons not owning the same.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person who, with the intent to defraud or appropriate to his own use the horse, mule, jack, jenny, ox, cow, calf, sheep, hog, or other stock of another, shall willfully miswork or misbrand any stock not his own, or kill any stock running at large, whether branded, marked, or not, shall, on conviction thereof, be deemed guilty of felony, and shall be punished by imprisonment in the State Prison for a term not less than six months nor more than five years. |
Branding or working stock the property of another. Killing of stock.
Penalty. |
________
|
Chap. CV.An Act to reduce the rate of State taxation.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January first, eighteen hundred and seventy-nine, and annually thereafter, an ad valorem tax of fifty-five cents on each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid for State purposes, |
State tax regulated. |
κ1879 Statutes of Nevada, Page 110 (CHAPTER 105)κ
|
Ad valorem tax. On proceeds of mines. General Fund. Territorial Interest Fund. State Interest and Sinking Fund. General School Fund.
General Fund of the State. Repeal of conflicting laws. |
an ad valorem tax of fifty-five cents on each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid for State purposes, upon the assessed value of all taxable property in this State, including the proceeds of mines and mining claims, except such property as is by law exempt from taxation. On all property other than the proceeds of mines forty (40) cents of the tax shall go into the General Fund of the State, eight (8) cents shall go into the Territorial Interest Fund, two (2) cents shall go into the State Interest and Sinking Fund, and five (5) cents shall go into the General School Fund of the State. Of the tax levied on the proceeds of the mines forty-two (42) cents shall go into the General Fund of the State, eight (8) cents shall go into the Territorial Interest Fund, and five (5) cents shall go into the General School Fund of the State. Sec. 2. All Acts and parts of Acts levying a tax for State purposes, in so far as they conflict with the provisions of this Act, are hereby repealed. |
________
|
Liability of railroads, agents, etc Violation of statutes of the State
Penalty. |
Chap. CVI.An Act prescribing the penalties for the violation of any law of this State regulating the charges for the transportation of persons and property by railroads in this State.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any individual, company or corporation operating any railroad in this State, and every agent of such company or corporation who shall violate or attempt to violate, or suffer or permit to be done any act, matter or thing in violation of any of the provisions of any statute of this State, which prescribes or regulates the charges which may be made and collected by any individual, company or corporation operating any railroad in this State, for the transportation of either persons or property, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of two thousand dollars. |
________
|
Amendment |
Chap. CVII.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 fifth, eighteen hundred and seventy-seven.
[Approved March 8, 1879.]
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: |
κ1879 Statutes of Nevada, Page 111 (CHAPTER 107)κ
|
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 the 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 assessments; Fifth. Churches, chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand used therewith, and necessary thereto; provided, that the amount so exempted shall in no case exceed the sum of five thousand dollars for any one church, chapel, or other building used exclusively for religious worship; provided, that when any of the property mentioned in this subdivision is used for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed; Sixth. The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family. Sec. 2. All Acts and part of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. |
Taxable property. Property exempt from taxation. County and other property exempt. Proviso. Mortgages. Mining claims. Proviso.
Taxation of cash value.
Churches, etc.
Proviso. $5,000 exemption for churches. Exception to rule.
Widows and orphans.
Repeal. |
________
|
Chap. CVIII.An Act to amend an Act entitled An Act to prevent discrimination in Fares and Freights by Railroad Companies whose railroads run through the State of Nevada, or by Railroad Companies the terminus or termini of whose railroads are within the State of Nevada, approved February 12, 1879.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of an Act entitled An Act to prevent discrimination in Fares and Freights by Railroad Companies whose railroads run through the State of Nevada, or by Railroad Companies the terminus or termini of whose railroads are within the State of Nevada, approved February twelfth, eighteen hundred and seventy-nine, is hereby amended so as to read as follows: |
To prevent discrimination in fares and freights |
κ1879 Statutes of Nevada, Page 112 (CHAPTER 108)κ
|
Unlawful to charge or receive greater compensation for transportation of property in onecontinuous carriage |
eighteen hundred and seventy-nine, is hereby amended so as to read as follows: Section Four. It shall be unlawful for any person or persons engaged in the transportation of property, as provided in section one of this Act, to charge or receive any greater compensation per car load, or part thereof, of similar property, for carrying, receiving, storing, forwarding, or handling the same for a shorter than for a longer distance in one continuous carriage. |
________
|
Amendment Gold Hill Trustees, powers conferred. Taxation. Limit of tax Limit of penalty for collection of delinquent taxes. Proviso. Levy of additional tax, limit thereof. Purposes of tax and how collected. Proceeds of mines.
Improvements Streets and alleys.
Sidewalks. Obstructions and removal thereof. |
Chap. CIX.An Act to amend an Act entitled An Act to incorporate the Town of Gold Hill, approved February twenty-first, eighteen hundred and seventy-three, approved February twenty-third, eighteen hundred and seventy-seven.
[Approved March 7, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of said Act is hereby amended so as to read as follows: Section Sixteen. The Board of Trustees shall have power: First. To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada; Second. To levy and collect taxes on all property within the town, both real and personal, made taxable by the laws of this State, for State and county purposes, which are now in force, or may hereafter by enacted, which tax shall not exceed in the aggregate one and three fourths per centum per annum upon the assessed value of all such property, with not to exceed ten per centum on the amount of such tax additional thereto, as a penalty on all delinquent taxes; provided, that they shall have further power, when in their opinion it may become necessary and expedient to levy an additional tax not to exceed five cents on each and every one hundred dollars valuation of all property for the continuous maintenance of the public schools of said town, said tax to be collected at the same time and in the same manner as other taxes, provided further, that the taxes on the net proceeds of mines shall be collected at the same time and in the same manner as is, or may be by law, provided for the collection of such taxes for State and county purposes; Third. To lay out or extend, open, alter or repair, all streets and alleys, and provide for opening, grading, widening, draining, cleaning and lighting, or otherwise improving the same; also, to provide for the construction, repair and preservation and cleaning off all sidewalks, crosswalks, bridges, sewers and drains; to prevent obstructions being erected or placed in or upon any of the streets, alleys or sidewalks, and to provide for the removal of such obstructions; to prevent the use of any sewer or drains as cesspools; |
κ1879 Statutes of Nevada, Page 113 (CHAPTER 109)κ
|
cesspools; to compel the owners of lots and property to bear the expense of erecting sidewalks, or improving the roads or streets in front of the same; by special tax or otherwise to condemn property for the use or benefit of the town in the following manner: The Board of Trustees shall appoint one referee, and the owner or owners of the property to be condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of them, shall be final, and binding upon the parties, unless the party aggrieved by the decision of such referees shall appeal from such decision of valuation to the District Court of the First Judicial District, within thirty days after notice of such valuation shall have been served on him or them; Fourth. To provide for the prevention and extinguishment of fires; also, to organize, regulate, establish, locate or disband, fire and hose companies; Fifth. To regulate the storage of gunpowder and other explosive or other combustible material; Sixth. To prevent and remove nuisances, also to determine what are nuisances; Seventh. To employ policemen, prescribe their duties and compensation, and provide for their regulation and government; Eighth. To fix and collect a license tax on, and regulate all places of business and amusement so licensed, as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard-tables, boiler-makers, boot and shoemakers and cobblers, bowling-alleys, brokers, factors and general agents, circus, caravan or menagerie, commission merchants, concerts and other exhibitions, dance houses, saloons or cellars, express and freight companies, founderies, gaming, hawkers and peddlers, hay yards, wagon yards and corrals, hotels, boarding houses and lodging houses, illuminating gas, insurance agents, job wagons, carts and drays, laundries, livery and sale stables, lumber yards, manufacturers of liquors and other beverages, markets, merchants and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, and bar-rooms, shooting galleries, skating rinks, solicitors, stages and omnibuses, stockbrokers, tailors and clothes cleaners, telegraph companies, theatres and melodeons, undertakers, wood and coal dealers; Ninth. The Board of Trustees, having due regard to the amount of business done by each person or firm so licensed; Tenth. To license, tax and regulate, prohibit and suppress, all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling houses, disorderly houses and houses of ill-fame; Eleventh. To levy and collect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which said tax shall not have been paid, and to prohibit the keeping of hogs, or the running at large of goats or cows, within the corporate limits of said town; Twelfth. To provide for the issuance of licenses before named for such terms and in such sums as they may consider best; provided, that the several kinds of business or occupation to be licensed shall be classified by ordinance in two or more classes, |
Expense payable by property owners. Condemn property for public use. Referees. Disagreement. Third referee.
Decision final. Owner can appeal from the decision Prevention of fires. Fire Companies. Storage of powder, etc. Nuisances. Police. Licenses.
Dramshops, houses of ill-fame, etc.
Dog tax.
Hogs, etc., running at large. Issuance of licenses and their classification. |
κ1879 Statutes of Nevada, Page 114 (CHAPTER 109)κ
|
Blank certificates to be printed. Provide public buildings. Board of health.
Riots. Sale of liquors on election day to be suppressed. Fines for breach of ordinances. Salaries of officers and employees. Trustees not to receive any sum. Compel absentees to attend. Contracts on the faith of the town. Limit of interest.
Liabilities not to exceed $60,000.
Printing $500. |
kinds of business or occupation to be licensed shall be classified by ordinance in two or more classes, with a specific or certain rate of license provided for each class, and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee shall be printed and numbered; Thirteenth. To provide all necessary buildings for public use of said town; Fourteenth. To establish a Board of Health and define their powers and duties, to prevent the introduction and spread of disease, and to provide for the indigent; Fifteenth. To prevent and restrain any riot or riotous assemblage or disorderly conduct, and to prohibit and suppress the sale of spirituous or malt liquors or wines, on any day of municipal, county or general election; Sixteenth. To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months; Seventeenth. To determine the duties and fix and establish the fees, salaries, compensation and emoluments of all officers and employees of said town; provided, that the trustees shall not receive or be entitled to receive for their services as such any sum whatever: Eighteenth. To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause, by a vote of four fifths; Nineteenth. To make all necessary contracts and agreements for the benefit of the town, and to contract debts on the faith of the town; but no debt shall be contracted or liability incurred except on cash basis; to issue and sell bonds bearing interest at a rate not to exceed twelve per centum per annum, for the purpose of creating a contingent fund for current expenses, or for the purpose of paying, retiring and cancelling any bonds or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of sixty thousand dollars; and provided, further, that the said Board of Trustees shall not create a debt against the town for printing in a greater sum than five hundred dollars per annum. |
________
|
Relative to carrying on gambling. Faro, monte etc. |
Chap. CX.An Act to Restrict Gaming, and to repeal all other Acts in relation thereto.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each and every person who shall deal, play, carry on, open, or cause to be opened, or who shall conduct, either as owner or employe, whether for hire or not, except under a license, as hereinafter provided, any game of faro, monte, roulette, |
κ1879 Statutes of Nevada, Page 115 (CHAPTER 110)κ
|
roulette, jaurgusnette, rouge-et-noir, rondo, keno, fantan, twenty-one, red, white and blue, red and black or diana, or any banking game, played with cards, dice or any other device, whether the same be played for money, checks, credit, or any other valuable thing or representative of value, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one thousand, nor more than three thousand dollars, or by imprisonment in the County Jail not less than three months, nor more than one year, or by both such fine and imprisonment. Sec. 2. Any person may procure a license for carrying on any one of the games mentioned in section one of this Act, in any single room, upon the payment, to the Sheriff of the county in which the same is situated, the amount of license money fixed in section four of this Act, and upon giving to said Sheriff a definite description of the room in which he designs to carry on said game, and filing with the County Clerk of the county a copy of said description. Sec. 3. Blank licenses shall be prepared by the County Auditor, which shall be issued and accounted for as is by law provided in respect to other county licenses. Each license delivered by the Sheriff under this Act to any person shall contain the name of the licensee, a particular description of the room in which the licensee desires to carry on the game licensed, and shall by its terms authorize the licensee to carry on one of the games mentioned in the first section of this Act, specifying it by name in the room therein described, for the period of one month next succeeding the date of issuance of the license. The said license shall protect the licensee and his employer or employers against any criminal prosecution for dealing or carrying on the game mentioned in the room described during said one month, but not for dealing or carrying on any other game than that specified, or the specified game in any other place than the room so described; provided, that the licensee shall be entitled to deal or play, or carry on two or more games in the same room, by paying a license for each game so dealt or carried on. Sec. 4. The amount to be paid to the Sheriff shall be one hundred dollars for the first month, and seventy-five dollars for each successive month, so long as the licensee shall deal or carry on, or cause to be dealt or carried on, said game of games in the same room. Sec. 5. All moneys received for licenses under the provisions of this Act shall be paid, three quarters into the County Treasury, and one quarter into the State Treasury, for general county and State purposes respectively. Sec. 6. Every person who shall knowingly permit any of the games mentioned in the first section of this Act to be played, conducted, dealt or carried on in any house owned by him or her, in whole or in part, except by a person who has received a license, as herein provided, or his employee, and in the rooms described therein, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in section one of this Act. |
Charge of offense. Penalty for violation. Term of sentence.
Manner of procuring license.
Description of premises to be filed in the office of the County Clerk. Auditor to prepare blank licenses.
License to contain name of licensee and description or premises.
License to protect licensee from criminal prosecution in certain cases.
Amount to be paid to Sheriff for licenses.
Money how to be used.
Owners of property subject to prosecution in certain cases.
Charge of offense for violation. |
κ1879 Statutes of Nevada, Page 116 (CHAPTER 110)κ
|
Prohibiting carrying on games in certain instances. Refusal to issue license Proviso in certain counties.
Misdemeanor for person under age of twenty-one. Penalty.
Licensed games cannot be suppressed.
Who competent as witness. Not excusable from testifying. Fee of District Attorney.
Thieving games prohibited, penalty.
Hogging games. Charge of offence and penalty. Act takes effect.
Repeal. |
Sec. 7. None of the above-mentioned games shall be carried on, nor shall any license issue to carry on the same, in any room of the first floor or story of any building, and when any building has two first floors or stories, the other being or fronting on another street, then, and in such case, no license shall issue to carry on any of said games in any room on or in either of said first floors or stories of such building; provided, that in any county in which, at the general election next preceding the time of application, were polled less than fifteen hundred votes, or in any county created after said general election, the licensee shall be entitled to carry on his game in any back room of the first or ground floor of any building; and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room, any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. Sec. 8. No town, city, or municipal corporation in this State shall hereafter have power to prohibit, suppress, or regulate any gaming house or game licensed as provided by this Act. Sec. 9. No person otherwise competent as a witness shall be disqualified or excused from testifying as such, either before a grand or petit jury, or any Court, to any facts concerning the offenses mentioned in the foregoing sections of this Act, on the ground that his testimony may criminate himself. Sec. 10. The District Attorney of the county shall receive two hundred and fifty dollars for each conviction of any person charged with the commission of any of the offenses mentioned in this Act, which sum shall be taxed as costs in the action; but in no case shall such costs be a charge against the county. Sec. 11. Any person or persons taking out license to deal any of the games mentioned in section one of this Act, or any proprietor of any building in which any of said games are dealt, who shall knowingly or otherwise deal or allow to be dealt any cheating or thieving game, or games known as hogging games, shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. Sec. 12. This Act shall take effect and be in force on and after the first day of April, eighteen hundred and seventy-nine. Sec. 13. All Acts and parts of Acts in relation to this Act are hereby repealed. |
________
|
|
Chap. CXI.An Act to amend an Act to Abolish the office of State Printer, and provide for the Public Printing, approved March fifth, eighteen hundred and seventy-seven.
[Approved March 8, 1879.]
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: |
κ1879 Statutes of Nevada, Page 117 (CHAPTER 111)κ
|
Section Nine. 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 the same style as those of the eighth sessions, 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. |
Journal of both houses to be printed. Binding. Persons entitled to copies. Journals bound separately. |
________
|
Chap. CXII.An Act to amend an Act entitled An Act relating to Elections, approved March twelfth, eighteen hundred and seventy-three.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-nine of the Act entitled An Act relating to Elections, approved March twelfth, eighteen hundred and seventy-three, is hereby amended so as to read as follows: Section Twenty-nine. The Inspectors shall file the ballots on a string, inclose and seal the same together with one of the tally lists and one of the poll books, under cover, directed to the Clerk of the Board of County Commissioners of the County in which such election was held, or such other officer as is herein provided, indorsed Election Returns; provided, that if said Clerk of the Board of Commissioners, as County Clerk or any one of the following named County officers was voted for office at the last election, he shall not be the custodian of such Election Returns; but such Returns shall be directed and delivered to the County officer who was not a candidate and voted for office in the following order: Second. The County Recorder; Third. The County Treasurer; Fourth. The County Assessor; Fifth. The Chairman of the Board of County Commissioners; Sixth. One of the County Commissioners; and said custodian shall comply with the provisions of section thirty of this Act. The packet thus sealed shall be conveyed by one of the Inspectors or Clerks of Election, to be determined by lot, if they cannot otherwise agree, or by some other person to be agreed upon by the Inspectors, and delivered to said Clerk of the Board of County Commissioners of the County officer, as herein provided, at his office, within ten days from the close of the polls. The poll book, tally list, certified copy of register, ballot box and ballots thus inclosed and sealed shall, after the canvass of the votes by the Board of County Commissioners, be deposited in the office of the Clerk of the Board of Commissioners, and preserved until the next general election. The other poll book and tally list shall be deposited with one of the Inspectors of Election, |
Amendment
Inspectors shall file and make returns. Poll books. Indorsement. Elector voted for not to be custodian.
Election returns to whom delivered.
Order of candidates.
Manner of delivery. How determined.
Time of delivery.
Where deposited. |
κ1879 Statutes of Nevada, Page 118 (CHAPTER 112)κ
|
Tally list and poll book.
Contested elections. |
other poll book and tally list shall be deposited with one of the Inspectors of Election, to be determined by lot, if not otherwise determined, agreed upon, and said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter who may wish to examine the same; provided, however, that the ballots so deposited with the Board of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the judge, body or board before whom such election is being contested. |
________
|
Amendment County Commissioners to act as Board of canvassers. Certificate to be given. District judge or judges to canvass.
County Clerk to issue certificates. County Commissioners to canvass.
Application for recount.
Grounds for |
Chap. CXIII.An Act to amend an Act entitled An Act to create a Board of County Commissioners in the several Counties of this State, and to define their duties and powers, approved March eight, eighteen hundred and sixty-five; approved February twenty-one, eighteen hundred and seventy-seven.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said Act is hereby amended so as to read as follows: Section Thirteen. The Board of County Commissioners shall also act as a Board of Canvassers, and declare election returns, and cause a certificate of election to be given by their Clerks to any person who shall be elected to any Legislative County, or Township office within their County; provided, that when the election shall be held for Legislators or County Commissioners the District Judge or Judges shall canvass and declare the election returns for such Legislators or Commissioners for which purpose all election returns shall be sealed and delivered according to law, to the County Clerk, and by him opened in the presence of the District Judge or Judges, who shall declare the result as to Legislators or County Commissioners, and the Clerk shall give to such persons elected as Legisl tors or County Commissioners a certificate of his election, and the Board of County Commissioners shall then canvass the returns as to other offices; and provided further, that when said Board of County Commissioners shall have canvassed the vote for Legislators, County, and Township officers, and it shall appear from such canvass that any Legislator, County, or Township officer voted for at such election has received a majority of ten votes, or less, in such case, upon application of the defeated candidate for such office, setting forth, under oath, that he has reason to believe, and does believe, that a mistake or mistakes have occurred on the part of the Inspector of Election in any election precinct or precincts in said County sufficient to change the result of such election so far as said office is concerned, |
κ1879 Statutes of Nevada, Page 119 (CHAPTER 113)κ
|
have occurred on the part of the Inspector of Election in any election precinct or precincts in said County sufficient to change the result of such election so far as said office is concerned, it shall then be the duty of said Board of County Commissioners to immediately proceed to recount the ballots for said office of any or all the precincts in said County wherein any mistake or mistakes are alleged to have occurred, and shall continue such count from day to day (Sundays excepted), until the votes of all the election precincts wherein any such mistake or mistakes are alleged to have occurred shall have been counted, and when said count is completed shall declare the result, and issue the certificate of election to the party entitled thereto, as determined by their said count, but they shall in no case be allowed to throw out any ballot upon any alleged legal defect, if from the face of such ballot it can, upon inspection, be ascertained for whom the elector intended to cast his ballot; and provided further, that nothing herein contained shall prevent either party to said proceeding to contest the right to said office in the Courts, in the manner now prescribed by law. |
To recount in certain cases.
Time of count.
Completion of count, result declared. |
________
|
Chap. CXIV.An Act to repeal section three of an Act entitled An Act 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 fifth, eighteen hundred and seventy-seven.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of an Act providing for the taxation of mines that produce one ton or less of ore or mineral-bearing material, and to encourage the prospecting of undeveloped mines, approved March fifth, eighteen hundred and seventy-seven, is hereby repealed. |
Providing for taxation of mines. |
________
|
Chap. CXV.An Act relating to the Burial of the Dead of incorporated cities in the State of Nevada.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any undertaker or other person within the State of Nevada to bury any deceased person who has died within the limits of any incorporated town or city in said State without first having procured a certificate from the physician who attended the said deceased person during his or her last illness, |
Relative to burial of the dead. |
κ1879 Statutes of Nevada, Page 120 (CHAPTER 115)κ
|
Certificate of physician
Coroners permit to issue.
Duty of undertaker.
Coroner to issue permit.
Style of permit.
Coroner to file certificates.
Fee of Coroner.
Offense, charge and violation.
Penalty for violation.
Amount. Term of imprisonment.
Act to take effect.
Repeal. |
who has died within the limits of any incorporated town or city in said State without first having procured a certificate from the physician who attended the said deceased person during his or her last illness, setting forth the name, nativity, sex, age, time of death, place of death and cause of death of said deceased person, as near as can be ascertained by said physician; provided, that in cases where no physician has attended said deceased person during his or her last illness, no such certificate shall be required, but the coroners permit mentioned in the next succeeding section in this Act shall be obtained, and shall be sufficient authority for the burial of such deceased person. Sec. 2. It shall be the duty of any undertaker or other person obtaining the certificate mentioned in the first section of this Act, before burying such deceased person, to present such certificate to the Coroner of the county within which such deceased person shall have died. The said Coroner, after being satisfied of the truth of the facts set forth in said certificate, shall issue a permit to the person presenting such certificate to bury the deceased person named in said certificate, or shall take such action under the law as the facts set forth in said certificate shall warrant. Said permit shall be in writing, signed by the Coroner, and shall set forth the facts under which it was issued. Said Coroner shall file in his office all physicians certificates so presented to him, and shall keep a record of the same, and a memorandum of all permits so issued by him, which records and memoranda he shall turn over to his successor in office, as a part of the public records of his office. The Coroner shall receive from the party obtaining any such permit a fee of fifty cents for filing and recording said certificate, and fifty cents for issuing said permit. Sec. 3. Any physician who shall willfully issue or sign, or cause to be issued or signed, any certificate, as provided for in this Act, knowing the facts set forth in said certificate to be false, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned in the State Prison for a term not less than one year, and not more than five years. Sec. 4. Any person willfully and unlawfully violating any of the provisions of sections one and two of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the County Jail not less than one month, nor more than six months, or by both such fine and imprisonment. Sec. 5. This Act shall take effect from and after the first day of May, eighteen hundred and seventy-nine. Sec. 6. All Acts and parts of Acts, in so far as they are in conflict with the provisions of this Act, are hereby repealed. |
________
κ1879 Statutes of Nevada, Page 121κ
|
Chap. CXVI.An Act amendatory and supplementary of an Act entitled An Act to regulate the sale or disposal of Opium, and to prohibit the keeping of places of resort for smoking or otherwise using that drug, approved February ninth, eighteen hundred and seventy-seven.
[Approved March 8, 1879.]
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. Any person or persons who shall be found guilty of violating the provisions of this Act shall, on legal conviction thereof, be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or by both such fine and imprisonment, as the Court shall adjudge, and if such imprisonment shall be for a period exceeding six months, the same shall be in the States Prison. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. Any person or persons who shall keep, or who, being the owner thereof, shall knowingly permit to be kept, any house, room, apartment, or other place of any kind, to be used as a place of resort by any person or persons for the purpose of indulging in the use of opium, or any preparation containing opium, by smoking or otherwise, shall, on legal conviction thereof, be punished as provided in this Act. Sec. 3. If any person shall knowingly permit any house, room, apartment, or other place owned by him or her, to be used for the purpose of a resort to indulge in the use of opium, or any preparatian containing opium, by smoking or otherwise, he or she shall, on legal conviction thereof, be punished as provided in this Act. Sec. 4. Any judgment obtained under the provisions of this Act, for a fine and costs, or either, shall be a lien on the property wherein the offense was committed, which lien shall not be discharged until such judgement shall have been paid, or otherwise legally satisfied; provided, that such lien shall not attach in cases where it shall appear that the owner of the property was not a party to the commission of the offense, and had no knowledge thereof before its commission. Sec. 5. If any person shall use any house, room, apartment, or other place leased to him or her for any of the purposes forbidden by this Act, such illegal use shall, at the option of the lessor, operate as a forfeiture of such lease, and of all rights given thereby, whether the same be expressed or not in such lease. Sec. 6. It shall not be lawful for any person to resort to any house, room, or apartment, or other place kept for any of the purposes forbidden by this Act, for the purpose of indulging in the use of opium, or any preparation containing opium, by smoking or otherwise, and any person who shall violate the provision sof this section, shall, on legal conviction thereof, be punished, as provided by this Act. |
Penalty for violation.
Term of imprisonment.
Amendment
Judgement to become a lien.
Forfeiture of lease.
Uulawful to resort. etc. |
κ1879 Statutes of Nevada, Page 122 (CHAPTER 116)κ
|
|
smoking or otherwise, and any person who shall violate the provision sof this section, shall, on legal conviction thereof, be punished, as provided by this Act. Sec. 7. Any person leasing any house, room, apartment, or other place, to be used as a place of resort, to any person or persons, for the purpose of indulging in the use of opium, or any preparation containing opium, knowing the purposes for which said house, room, or apartment are to be used, any judgment obtained as provided in section four of this Act, shall be a lien upon such house, room, apartment, or other place of business so leased. Sec. 8. This Act shall take effect and be in force on and after the first day of May, A.D. eighteen hundred and seventy-nine, and shall be given in charge specially by all Judges of the District Court of this State to Grand Juries when impaneled. |
________
|
Right to collect.
rate of charge. |
Chap. CXVII.An Act to amend Section Two of an Act entitled An Act authorizing D. D. Kingsbury and Jas. M. McDonald to establish and maintain a Toll Road, approved November twenty-seventh, eighteen hundred and sixty-one.
[Approved March 8, 1879.]
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. The said parties shall have the right to charge and collect tolls on said road, not exceeding the following rates: Wagon and one span of horses or yoke of cattle, one dollar; each additional animal, twelve and one half cents; returning empty, one half of the above rates; one horse and buggy, seventy-five cents; man on horseback, twenty-five cents; pack animals, twelve and one half cents; loose cattle or horses, five cents per head; sheep or hogs, two cents per head. |
________
|
Amendment |
Chap. CXVIII.An Act to amend Sections Seventy-four and Seventy-five of an Act amendatory of and supplemental to an Act entitled An Act concerning Crimes and Punishments, approved November twenty-sixth, eighteen hundred and sixty-one, approved February twenty-sixth, eighteen hundred and seventy-five.
[Approved March 8, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventy-four of said Act is hereby amended so as to read as follows: |
κ1879 Statutes of Nevada, Page 123 (CHAPTER 118)κ
|
Section Seventy-four. If any clerk, apprentice, servant, or any other person whatsoever, whether bound or hired, to whom any money or goods, or chattels, or other property, shall be intrusted for any purpose whatsoever, by his or her master, employer, or any other person or persons, corporation or corporations, by whom he or she may be intrusted, shall withdraw himself or herself and shall go away with the said money, goods, chattels or property, or any part thereof, with the intent to steal the same, and defraud his or her master, employer, or any other person or persons, corporation or corporations, of the same, or being in the service of his or her said master or employer, corporation or corporations, or any other person or firm, shall embezzle the said money, goods, chattels or property, or any part thereof, or shall otherwise convert the same to his or her own use, shall be prima facie evidence of the intent to steal the same, and every such person or persons so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled, stolen or converted. Sec. 2. Section seventy-five of said Act is hereby amended so as to read as follows: Section Seventy-five. If any bailee of any money, goods or property, shall convert the same to his or her own use, with the intent to steal the same, or to defraud the owner or owners thereof, he or she shall be deemed guilty of embezzlement, and on conviction thereof, if the amount or value of the property so converted or embezzled be fifty dollars or more, he or she shall be punished by imprisonment in the State Prison, for a term not less than two nor more than five years; and if the amount or value of the property so converted or embezzled shall be less than fifty dollars, he or she shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. The term bailee, as used in this Act, shall be construed to include and mean all persons with whom any money, goods or property has been deposited, and all persons to whom any goods or property has been loaned or hired, and all persons to whom any goods or property shall be delivered, for any purpose whatsoever, and all persons who shall, either as agent, collector or servant, be empowered, authorized or entrusted to carry, collect or receive any money, goods or property of another; and any use of said money, goods or property by any bailee thereof, other than that for which the same was borrowed, hired, deposited, carried, received or collected, shall be prima facie evidence of conversion and of intent to steal the same and defraud the owner or owners thereof. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Embezzlement by clerks, etc.
Penalty.
Amendment
Bailees.
Charge of offense. Imprisonment. Term of sentence.
Fines and imprisonment. Bailee.
Evidence of intent.
Act repealed. |
________
κ1879 Statutes of Nevada, Page 124κ
|
Amendment
Salaries of Treasurers.
Proviso.
Act repealed. |
Chap. CXIX.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 9, 1865; approved March 11, 1867; approved March 3, 1869; approved March 4, 1871; approved February 20, 1873; approved February 20, 1877.
[Approved March 10, 1879.]
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 Act is amendatory, is amended so as to read as follows: Section One. The Treasurers of the several Counties of this State shall be allowed the following named salaries, to wit: The Treasurer of Storey County, three thousand dollars; of Ormsby County, fifteen hundred dollars; of Douglas County, eight hundred dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; Esmeralda County, eight hundred dollars; of Lyon County, twelve hundred dollars; of Washoe County, twelve hundred dollars; of Churchill County, six hundred dollars; of Lander County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Humboldt County, one thousand dollars; of White Pine County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Elko County, two thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Lincoln County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Nye County, twelve hundred dollars; of Eureka County, two thousand dollars, said salaries to be audited by the Board of County Commissioners, and paid at the end of each quarter out of the Treasurers Salary Fund; provided, that whenever at the end of any quarter there shall not be sufficient money in said fund to pay said salary, the Board of County Commissioners shall set apart from any moneys in the General Fund, or from the first money that shall come into the said General County Fund, not otherwise specially appropriated, an amount sufficient to pay said salary; and provided further, that whenever at the end of any year there shall remain any money in the said fund, after paying the Treasurers salary, the Board of County Commissioners shall cause the money so remaining to be transferred into the General Fund. Sec. 2. All Acts and parts of Acts in conflict with this Act, are hereby repealed. |
________
κ1879 Statutes of Nevada, Page 125κ
|
Chap. CXX.An Act relating to the flow of water in the Truckee River.
[Approved March 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Attorney-general of this State and the County Commissioners of Washoe County are hereby authorized and empowered to commence suits, or take such other action as may be necessary, to maintain a regular or natural flow of water in the Truckee River, and in all suits so instituted, if necessary, to use the name of The State of Nevada. Sec. 2. The sum of three thousand dollars is hereby appropriated out of any moneys in the State Treasury, not otherwise specifically appropriated, to defray the necessary expenses for carrying into effect the provisions of section one of this Act, and the County Commissioners of Washoe County are hereby authorized and required to appropriate out of the General Fund of said county a like sum of three thousand dollars, to be used jointly and in equal sums with the money appropriated by the State for the purpose of carrying into effect the provisions of this Act. Sec. 3. All expenses incurred under the provisions of this Act shall be audited by the State Board of Examiners in the same manner as are other demands against the State; and after the bills are so audited, they shall be paid in like manner as other bills against the State. Sec. 4. The State Board of Examiners shall notify the Board of County Commissioners of Washoe County of the amount of bills so audited, as expenses incurred under the provisions of this Act, and upon the receipt of said notice, said Board of County Commissioners shall immediately pay one half of said amount into the State Treasury; provided, the total amount expended shall not exceed the sum of six thousand dollars. Sec. 5. This Act shall take effect and be in force from and after its passage. |
Attorney-general and County Commissioners to commence suits.
Suits to be in name of State of Nevada. Appropriation.
Washoe County to appropriate
Expenses to be audited.
State Board of Examiners to notify Washoe County to pay one half Proviso.
Act to take effect. |
________
|
Chap. CXXI.An Act to amend an Act entitled An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved March 8, 1865.
[Approved March 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventeen of an Act entitled An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers, approved March 8, 1865, is hereby amended so as to read as follows: |
County Commissioners salary. |
κ1879 Statutes of Nevada, Page 126 (CHAPTER 121)κ
|
Amendment Salary. Proviso.
Mileage. One charge to be made. |
of this State, and to define their duties and powers, approved March 8, 1865, is hereby amended so as to read as follows: Section Seventeen. Each member of the Board of County Commissioners shall be entitled to receive for his services a sum not to exceed in the aggregate the sum of six hundred dollars per annum; provided, that in any county where at the last general election there were polled four thousand or more votes, such member of the Board of County Commissioners shall be entitled to receive for his services a sum not to exceed the sum of one thousand dollars in the aggregate during one year; and provided further, that in any county where at the last general election there were polled five thousand or more votes, each member of the Board of County Commissioners shall be entitled to a sum not to exceed in the aggregate during one year the sum of thirteen hundred and twenty dollars, and each member of the Board of County Commissioners shall receive twenty cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of said Board; provided, that but one charge shall be made for going and returning from the residence of such Commissioner at any one session of such Board; and provided further, that no Commissioner shall be allowed any compensation for services by reason of his being on any Committee appointed by the Board, or for any cause other than as herein provided. |
________
|
Salaries of County Auditors.
Act repealed |
Chap. CXXII.An Act to amend an Act entitled An Act to Regulate the Salaries of County Auditors, approved March 7, 1873.
[Approved March 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section One. From and after the passage of this Act, the Auditors of the several Counties of this State shall be allowed the following monthly salaries, to wit: The Auditor of Storey County, one hundred dollars; of Ormsby County, one hundred dollars; of Esmeralda County, one hundred dollars; of Douglas County, one hundred dollars; of Lyon County, one hundred dollars; of Lander County, one hundred dollars; of Humboldt County, one hundred dollars; of Elko County, one hundred dollars; of White Pine County, one hundred dollars; of Churchill County, seventy-five dollars; of Lincoln County, one hundred dollars; of Washoe County, fifty dollars; of Nye County, one hundred dollars. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
________
κ1879 Statutes of Nevada, Page 127κ
|
Chap. CXXIII.An Act supplementary to an Act entitled An Act to Regulate Fees and Compensation for Officials and other services in the State of Nevada, approved March 9, 1865.
[Approved March 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several County and Township Officers named in this Act may demand and receive for their services rendered, in discharging the duties imposed upon them by law, the fees and compensation provided for by law, and in the Act of which this is amendatory; provided, that such fees and compensation shall not, in the aggregate, annually exceed the several amounts hereinafter named: Any surplus of fees or compensation over and above such amounts, received by such officers, shall be paid into the County Treasury as hereinafter provided: Provided, the provisions of this Act shall be applicable only to Counties of this State, polling five thousand votes or more at any general election held in this State. Sec. 2. The several County Assessors shall receive fees and compensation annually, not exceeding the sum of four thousand ($4000) dollars; the County Clerks, six thousand ($6000) dollars; the County Recorders, four thousand eight hundred ($4800) dollars; the sheriffs, five thousand eight hundred ($5800) dollars; The District Attorneys, three thousand six hundred ($3600) dollars; the County Treasurers, three thousand ($3000) dollars; the Public Administrators, one thousand ($1000) dollars, the Justices of the Peace, four thousand ($4000) dollars; and Constables, three thousand six hundred ($3600) dollars; provided, that if the fees, not allowed by law to any officer when collected, shall not amount to the several sums above mentioned. No claim shall be made by such officer against his County beyond the amount of fees collected by or due him as such officer. Sec. 3. It shall be and it is hereby made the duty of the county and township officers herein named to keep in their several offices a book, to be called a Register of Fees, wherein shall be entered all fees and compensation received by them; also, all fees uncollected or remaining due for official services, with a memorandum of the transactions wherein such fees were collected or remain due. Such book shall be open at all times to the inspection of the public, and no compensation shall be allowed for keeping the same. Sec. 4. It shall be and is hereby made the duty of said county and township officers to diligently collect and to enter upon said register all the fees and compensation allowed by law to their several offices, for the services rendered by them in discharging official duties, and in case of neglect or refusal of any officer to collect such fees, or to enter the same in said register, as herein provided, he shall be liable upon his official bond for all damages which his county may sustain by reason thereof; and the Board of County Commissioners of the several counties of this State are hereby authorized, |
County and Township officers. Fees.
Surplus of fees paid into County Treasury. Proviso.
Assessors. Clerks. Recorders. Sheriffs. District Attorneys. Treasurer. Public Administrator. Justices of Peace. Constables. No claim against counties. County officers to keep fee book.
Open for inspection. No compensation.
Collection of fees.
Liable for damages. |
κ1879 Statutes of Nevada, Page 128 (CHAPTER 123)κ
|
County Commissioners to institute proceedings
Statements and filing.
style of statement.
Excess. of fees. County Commissioners.
Penalty for refusal to pay into County Treasury. Liability.
Acts in conflict. Act to take effect. |
Board of County Commissioners of the several counties of this State are hereby authorized, and it is hereby made their duty in the name of the county and in its behalf, to institute and maintain all necessary actions and proceedings for the recovery thereof. Sec. 5. The several officers named in this Act shall, at the expiration of every quarter year, make out and file with said Treasurer a full and accurate statement, under oath, of all fees, percentages, or compensation, of whatever nature or kind, received in their said several official capacities, during the preceding quarter year, in which statement they shall set forth the causes in which, and services for which such compensations were received, or are due to them for official services during said quarter year, and at the time of filing the same, all fees or compensation for their services, received by them in excess of their compensation hereinbefore provided for, shall be paid by them into the County Treasury, and the same shall become a part of the General Fund thereof. Sec. 6. All excess of fees which may become due the several counties of this State, under the provisions of this Act, shall be collected by the Board of County Commissioners thereof, in the manner provided by law for the collection of fees due for official services, and in all cases where execution may be issued for the collection of the same in behalf of such officers, the like process may be issued for the collection thereof. Sec. 7. Any county officer named in this Act, who shall neglect or refuse to pay into the County Treasury the amount of moneys received as compensation by him, as provided by the fifth section thereof, shall be liable on his official bond therefor, and suit may be maintained by the county against such officers, and the sureties on such bond for the recovery thereof. Sec. 8. All Acts and parts of Acts in conflict herewith are hereby repealed. Sec. 9. This Act shall take effect from and after the first Monday in January, eighteen hundred and eighty-one. |
________
|
Board of Aldermen.
Any elective officer can be removed. |
Chap. CXXIV.An Act to amend an Act entitled An Act to reincorporate the City of Virginia, and to provide for the Government thereof, and to repeal all other Acts in relation thereto, approved March 2, 1877.
[Approved March 10, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the powers conferred by the Act, of which this is amendatory, the Board of Aldermen of the City of Virginia shall have power to remove, for cause, any elective city officer by a vote of three fourths of its members elected, and to suspend by said vote such officer pending the hearing of any charge that may be preferred against him. |
________
κ1879 Statutes of Nevada, Page 129κ
|
Chap. CXXV.An Act to authorize and empower the Board of State Prison Commissioners to purchase for and on behalf of the State of Nevada, the property known as the Warm Springs Hotel, adjoining and west of the State Prison, and matters properly connected therewith, and prohibiting the sale of liquors.
[Approved March 11, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of State Prison Commissioners of this State is hereby authorized and empowered to purchase for and on behalf of the State of Nevada that certain real estate and premises called and known as the Warm Spring Hotel, adjoining and west of the State Prison, in Ormsby County, Nevada, and hereinafter more fully described; provided, that the title to said property when so purchased shall be clear and unencumbered, that the price therefor shall not exceed the sum of twelve thousand dollars, and the deed of conveyance given therefor to the State by the owner or owners shall be a good and sufficient warranty deed thereof, executed and acknowledged to the satisfaction of said Board of State Prison Commissioners. Sec. 2. The real estate and premises in the title to, and section one of this Act mentioned, is described as follows, viz: Beginning at the north-west corner of the building known as the Warm Spring Hotel, adjoining and west of the Nevada State Prison, and running thence south nineteen degrees west ten chains and forty links; thence north thirty minutes east, ten chains and ninety links, and thence south seventy degrees east three chains and twenty five links to the place of beginning, the same being a portion of the south-west quarter of section sixteen in township fifteen north of range twenty east Monte Diablo base and meridian; also, one acre of land immediately west of and adjoining said first above-described piece or parcel of land described as follows, to wit, sixty-seven feet front on the road leading from Carson City via said Warm Springs Hotel to Empire City by a depth of forty rods more or less extending back from said road south as far as said Warm Springs Hotel tract extends, and also that other certain piece or parcel of land, two hundred feet square, situated on the north side of said road leading from Carson City via the Warm Springs Hotel to Empire City, and across said road from and opposite to said Warm Springs Hotel, all in Ormsby County, Nevada, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, including said Warm Springs Hotel. Sec. 3. If the purchase of the property described in this Act shall be effected as herein provided, the same shall thereafter be a part of the State Prison property of this State, and shall be used for that purpose, and no other. |
Prison Commissioners to purchase Real Estate. Warm Springs hotel.
Appropriation.
Description Locality.
To become part of State Prison property. |
κ1879 Statutes of Nevada, Page 130 (CHAPTER 125)κ
|
Sale of liquors prohibited. Distance. Unlawful to issue license. Violation. Penalty.
Proviso.
Controller to draw warrant. Treasurer to pay warrant. |
Sec. 4. From and after the first day of April, A. D. 1879, it shall be unlawful for any person or persons to sell by wholesale or retail any spirituous or malt liquors, wine or cider, within one half mile of the State Prison of the State of Nevada, and no license shall be granted authorizing the sale of any spiritous or malt liquors, wine, or cider, within one half mile of said State Prison after the date in this section mentioned. A violation of the provisions of this section, shall, on conviction, be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the County Jail, not less than twenty-five days, nor exceeding six months. Sec. 5. For the purpose of carrying out the provisions of this Act the sum of twelve thousand dollars, or so much thereof as shall be necessary, is hereby appropriated out of any moneys now in the General Fund of the State Treasury, or which may hereafter be placed therein; provided, that should said property be purchased as herein provided for, the amount to be paid therefor shall be certified by the Board of State Prison Commissioners, and allowed by the State Board of Examiners, upon which the State Controller shall draw his warrant for the amount on the State Treasurer, who shall pay the same out of the appropriation herein made; and provided further, that should said property not be purchased as herein provided, then the appropriation herein above provided shall be considered as not made. |
________
|
Claims, Indian troubles.
Claimants and appropriations.
How payable. |
Chap. CXXVI.An Act to appropriate money for the payment of certain claims against the State of Nevada.
[Approved March 11, 1879.]
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: Warren Wassen, for the sum of seventy-five dollars; W. J. Plumb, for the sum of seventy-eight dollars and fifty cents; Wm. Harris, for the sum of forty dollars; Levi Harris, for the sum of forty-six dollars and eighty cents; Antone Storff, for the sum of one hundred dollars; Jos. Rosberly, for the sum of twelve dollars; Wells, Fargo & Co., for the sum of five hundred and nineteen dollars and eighty cents; B. Greenbaum & Co., for the sum of two hundred and thirty-five dollars; L. A. Williard, for the sum of three hundred and thirty-two dollars and fifty cents; J. B. Ringgold & Co., for the sum of two hundred and six dollars; Woodruff & Ennor, for the sum of eighty-four dollars; L. J. Hogle, for the sum of two hundred and twenty-four dollars and forty-nine cents; payable out of any money in the General Fund of said State not otherwise specifically appropriated, |
κ1879 Statutes of Nevada, Page 131 (CHAPTER 126)κ
|
Fund of said State not otherwise specifically appropriated, and the Treasurer of the 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 any of them, against the State of Nevada, for services rendered and supplies furnished to the State, by reason of the alleged Indian troubles in Elko County, during the year eighteen hundred and seventy-eight; and there is hereby appropriated out of any moneys in the General Fund, 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 named their said claims and demands, for the services and supplies furnished 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 service, properly authenticated. |
Services.
Appropriation.
Assignees receive warrant and collect money. |
________
|
Chap. CXXVII.An Act to appropriate money for the payment of certain claims against the State of Nevada.
[Approved March 11, 1879.]
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: W. G. Seamonds, for the sum of sixty-five dollars; F. M. Wright, for the sum of fifty dollars; L. Orwilder, for the sum of fifty dollars; H. Hunter for the sum of thirty-nine dollars; J. F. Dennis, for the sum of thirty-nine dollars; Mat Morrisey, for the sum of thirty-nine dollars; J. A. St. Clair, for the sum of sixty-five dollars; C. M. Riddle, for the sum of sixty-five dollars; S. Frum, for the sum of fifty dollars; H. Spitzenberg, for the sum of thirty-nine dollars; J. Roseholer, for the sum of thirty dollars; Wm. Combs, for the sum of sixty-five dollars; W. W. Rogers, for the sum of fifty dollars; George Piltz, for the sum of twelve dollars; Ben Davis, for the sum of fifty dollars; J. W. Insenhoffer, for the sum of fifty dollars; Abe Wright, for the sum of fifty dollars; Chas. Rynerson, for the sum of thirty dollars; John McCoy, for the sum of twenty-four dollars; James Marotry, for the sum of twenty-four dollars; George Wakefield, for the sum of twenty-four dollars; David Fulton, for the sum of twenty-four dollars; James Burnette, for the sum of twenty-four dollars; J. |
Claims, Indian troubles.
Claimants and appropriations. |
κ1879 Statutes of Nevada, Page 132 (CHAPTER 127)κ
|
Payable.
Heirs and assigns.
Services.
Appropriation.
Assignees to receive warrants and collect money. |
of twenty-four dollars; James Burnette, for the sum of twenty-four dollars; J. D. Crutcher, for the sum of twenty-four dollars; J. W. Kimberly, for the sum of twenty-four dollars; D. W. Stewart, for the sum of twenty-four dollars; J. D. Tyfer, for the sum of thirty dollars; George W. Maston, for the sum of thirty dollars; Francis Joseph, for the sum of fifty dollars; W. Northrup, for the sum of fifty dollars; S. M. Fraser, for the sum of twenty-four dollars; George Dougherty, for the sum of forty dollars; M. F. Cole, for the sum of twenty-four dollars; Delos Cagan, for the sum of fifty dollars; Wm. Shuck, for the sum of thirty dollars; Chas. Hanson, for the sum of fifty dollars; H. A. Johnson, for the sum of fifteen dollars; J. B. Ringgold, for the sum of fifteen dollars; D. F. Byron, for the sum of fifteen dollars; J. Beale, for the sum of fifteen dollars; George Saxton, for the sum of fifteen dollars; Phil. Sullivan, for the sum of six dollars; John Finley, for the sum of fifteen dollars; J. W. Baloma, for the sum of fifteen dollars; H. A. Bichvell, for the sum of fifteen dollars; S. J. Allen, for the sum of fifteen dollars; P. D. Doral, for the sum of fifteen dollars; M. Leslie, for the sum of fifteen dollars; Samuel Wilson, for the sum of twenty-five dollars; J. Lyon, for the sum of twenty-five dollars; Theo. Simpson, for the sum of fifteen dollars; James Veckins, for the sum of twenty-five dollars; J. D. Hacker, for the sum or twenty-five dollars; J. C. Chipman, for the sum of twenty-five dollars; Jas. S. Barrett, for the sum of forty dollars; H. H. Leidig, for the sum of forty dollars; Mat. Agey, for the sum of forty dollars; D. E. Griffiths, for the sum of forty dollars; H. R. Barrett, for the sum of forty dollars; Delos Craigham, for the sum of forty dollars; W. H. Root, for the sum of twenty-five dollars; E. L. McMahon, for the sum of twenty-five dollars; H. F. Ross, for the sum of twenty-five dollars; Joseph M. Woodworth, for the sum of twenty-five 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 troubles in Elko County during the year one thousand eight hundred and seventy-eight; and there is hereby appropriated out of any money in the General Fund, or hereafter to come into said fund, not otherwise specifically appropriated, the said several sums of money herein before 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 warrant and the money thereon upon the presentation of the assignment of the time of service, properly authenticated. |
________
κ1879 Statutes of Nevada, Page 133κ
|
Chap. CXXVIII.An Act fixing the Salaries of the various County Officers in the several counties of this State, and other matters relating thereto.
[Approved March 11, 1879.]
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, 1881, the following-named officers of the several counties in this State shall receive the following annual salaries, which shall be in full for all services and all ex officio services required of them: Sec. 2. The Sheriff of Churchill County shall receive six hundred dollars per annum; The County Clerk shall receive three hundred dollars; The Treasurer shall receive six hundred dollars; The District Attorney shall receive four hundred dollars; The Recorder and Auditor shall receive eight hundred dollars; The Assessor shall receive six hundred dollars; The Superintendent of Schools shall receive one hundred dollars; The Commissioners shall each receive three hundred dollars. Sec. 3. The Sheriff of Douglass County shall receive eighteen hundred dollars per annum; The County Clerk shall receive one thousand dollars; The Treasurer shall receive one thousand dollars; The District Attorney shall receive one thousand dollars; The Recorder and Auditor shall receive twelve hundred dollars; The Assessor shall receive eight hundred dollars; The Superintendent of Schools shall receive one hundred and fifty dollars; The Commissioners shall each receive two hundred and fifty dollars. Sec. 4. The Sheriff of Elko County shall receive four thousand dollars per annum; The County Clerk shall receive twenty-four hundred dollars; The Treasurer shall receive twenty-four hundred dollars; The District Attorney shall receive two thousand dollars; The Recorder and Auditor shall receive twenty-four hundred dollars; The Assessor shall receive thirty-six hundred dollars; The Superintendent of Schools shall receive six hundred dollars; The Commissioners shall each receive six hundred dollars. Sec. 5. The Sheriff of Esmeralda County shall receive three thousand dollars per annum; The County Clerk shall receive twelve hundred dollars; The Treasurer shall receive one thousand dollars; The District Attorney shall receive one thousand dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive two thousand dollars; |
County officers salaries. |
κ1879 Statutes of Nevada, Page 134 (CHAPTER 128)κ
|
Same. |
The Superintendent of Schools shall receive one hundred dollars; The Commissioners shall each receive four hundred dollars. Sec. 6. The Sheriff of Eureka County shall receive five thousand dollars per annum; The County Clerk shall receive three thousand dollars; The Treasurer shall receive twenty-four hundred dollars; The District Attorney shall receive twenty-four hundred dollars; The Recorder and Auditor shall receive three thousand dollars; The Assessor shall receive five thousand dollars; The Superintendent of Schools shall receive six hundred dollars; The Commissioners shall each receive six hundred dollars. Sec. 7. The Sheriff of Humboldt County shall receive thirty-six hundred dollars per annum; The County Clerk shall receive twenty-four hundred dollars; The Treasurer shall receive one thousand dollars; The District-Attorney shall receive one thousand dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive twenty-five hundred dollars; The Superintendent of Schools shall receive three hundred dollars; The Commissioners shall each receive five hundred dollars. Sec. 8. The Sheriff of Lander County shall receive four thousand dollars per annum; The County Clerk shall receive two thousand dollars; The Treasurer shall receive fifteen hundred dollars; The District-Attorney shall receive two thousand dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive four thousand dollars; The Superintendent of Schools shall receive four hundred dollars; The Commissioners shall each receive three hundred dollars. Sec. 9. The Sheriff of Lincoln County shall receive three thousand dollars per annum; The County Clerk shall receive eighteen hundred dollars; The Treasurer shall receive eight hundred dollars; The District Attorney shall receive one thousand dollars; The Recorder and Auditor shall receive eighteen hundred dollars; The Assessor shall receive three thousand dollars; The Superintendent of Schools shall receive seventy-five dollars; The Commissioners shall each receive two hundred and fifty dollars. Sec. 10. The Sheriff of Lyon County shall receive three thousand dollars per annum; The County Clerk shall receive fifteen hundred dollars; The Treasurer shall receive twelve hundred dollars; The District-Attorney shall receive fifteen hundred dollars; |
κ1879 Statutes of Nevada, Page 135 (CHAPTER 128)κ
|
The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive eighteen hundred dollars; The Superintendent of Schools shall receive three hundred dollars; The Commissioners shall each receive four hundred dollars. Sec. 11. The Sheriff of Nye County shall receive four thousand dollars per annum; The County Clerk shall receive fifteen hundred dollars; The Treasurer shall receive twelve hundred dollars; The District-Attorney shall receive fifteen hundred dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive four thousand dollars; The Superintendent of Schools shall receive four hundred dollars; The Commissioners shall each receive four hundred dollars. Sec. 12. The Sheriff of Ormsby County shall receive three thousand dollars per annum; The County Clerk shall receive twenty-four hundred dollars; The Treasurer shall receive twenty-four hundred dollars; The District Attorney shall receive twelve hundred dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive fifteen hundred dollars; The Superintendent of Schools shall receive one hundred dollars; The Commissioners shall each receive four hundred dollars. Sec. 13. The Sheriff of Storey County shall receive four thousand dollars per annum; The County Clerk shall receive thirty-six hundred dollars; The Treasurer shall receive thirty-six hundred dollars; The District Attorney shall receive three thousand six hundred dollars; The Recorder and Auditor shall receive three thousand six hundred dollars; The Assessor shall receive thirty-six hundred dollars; The Superintendent of Schools shall receive nine hundred dollars; The Commissioners shall each receive thirteen hundred and twenty ($1320) dollars; Sec. 14. The Sheriff of Washoe County shall receive three thousand dollars per annum; The County Clerk shall receive twenty-four hundred dollars; The Treasurer shall receive two thousand dollars; The District Attorney shall receive eighteen hundred dollars; The Recorder and Auditor shall receive twenty-four hundred dollars; The Assessor shall receive two thousand dollars; The Superintendent of Schools shall receive four hundred dollars; The Commissioners shall each receive six hundred dollars. Sec. 15. The Sheriff of White Pine County shall receive four thousand dollars per annum; The County Clerk shall receive eighteen hundred dollars; The Treasurer shall receive one thousand dollars; |
Same. |
κ1879 Statutes of Nevada, Page 136 (CHAPTER 128)κ
|
Deputy or under Sheriffs.
Justices and Constables.
Extra help.
Fees.
Statements. |
The District Attorney shall receive fifteen hundred dollars; The Recorder and Auditor shall receive two thousand dollars; The Assessor shall receive thirty-six hundred dollars; The Superintendent of Schools shall receive three hundred dollars; The Commissioners shall each receive four hundred dollars. Sec. 16. The Sheriff of Storey County may, from and after the day named in section one of this Act, appoint one Under Sheriff, who shall receive a salary of two hundred dollars per month; Of Ormsby, one at one hundred dollars per month; Of Douglas, one at fifty dollars per month; Of Esmeralda, one at seventy-five dollars per month; Of Washoe, one at one hundred and twenty-five dollars per month; Of Churchill, one at five dollars per month; Of Humboldt, one at one hundred dollars per month; Of Eureka, one at two hundred dollars per month; Of Lander, one at one hundred and fifty dollars per month; Of Nye, one at one hundred dollars per month; Of White Pine, one at twenty-five dollars per month; Of Lincoln, one at fifty dollars per month; Of Elko, one at one hundred and fifty dollars per month. Sec. 17. Every Justice of the Peace, in any Township in this State, wherein the number of legal votes cast at the last general election equals or exceeds the number of fifteen hundred, shall receive as salary the sum of three thousand six hundred ($3600) dollars per annum; and every Constable in such Township shall receive as salary the sum of three thousand ($3000) dollars per annum; and the provisions of this Act are hereby made applicable to said officers. Sec. 18. The Boards of Commissioners of the several Counties of this State shall, when in their opinion it is necessary, allow the several officers of the various counties such additional help as may be required to perform the work of the respective offices to the satisfaction of the people; provided, that no Deputy shall receive a compensation exceeding four dollars per day, and all copying shall be compensated for at a rate not exceeding ten cents per folio. Sec. 19. The several officers named in this Act shall, from and after the day named in the first section of this Act, collect and safely keep all fees, percentages, and compensations of whatever nature and kind allowed them by law, for services rendered by them or their deputies in their several official capacities; and they shall, on the first Monday in each month after said date, pay the same to the County Treasurer of their respective county. Sec. 20. The several officers named in this Act shall, at the expiration of every quarter, make out and file with said Treasurer a full and accurate statement, under oath, of all fees, percentages or compensations, of whatever nature or kind, received in their several official capacities during the preceding quarter; also, a duplicate copy to the County Commissioners, in which statement they shall set forth the causes in which and the services for which such compensations were received; |
κ1879 Statutes of Nevada, Page 137 (CHAPTER 128)κ
|
in which statement they shall set forth the causes in which and the services for which such compensations were received; and it shall be the duty of each one of said officers to keep a book, in which shall be entered, by items, every kind or descriptions of services performed by them or their deputies, the time of rendering said services, and the amount allowed by law for each particular service, which book or books shall be open to the inspection of the Board of Commissioners and every citizen at all times. Sec. 21. For a willful neglect or for a refusal to comply with the provisions of this Act, or for any one or more of them, any officer or officers herein named shall on conviction be subject to a fine not exceeding five thousand dollars, to forfeit their offices, to imprisonment in the State Prison, not less than one year, nor more than three years, or to any one or more of said penalties, in the discretion of the Court; provided, that nothing in this section shall be held to release them from the giving of any bonds required by law, from any civil responsibility to any and all persons in relation to the business of their said offices that may be by other laws applicable to their said official duties. Sec. 22. No officer named in this Act shall perform any service until the fees prescribed by law are paid; provided, that if any officer shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any court of competent jurisdiction. Sec. 23. All fees and emoluments collected by the several officers under the provisions of this Act shall be paid upon a statement made under oath to the County Treasurer, on the first Monday of every month, and by him kept in a fund to be known as the Salary Fund, and all warrants for the payment of the salaries provided by this Act shall be drawn upon said Salary Fund. Whenever there is a surplus in said Fund, the Board of Commissioners may transfer it to the General Fund; and whenever there is a deficiency, the Board of Commissioners shall transfer to the Salary Fund a sufficient sum from the General Fund to meet all warrants drawn against said Salary Fund. Sec. 24. The State of Nevada shall allow the several counties of this State, for the services rendered under the Revenue Act by the Auditor, Assessor and Treasurer of each county, as follows: For the Auditors, a sum which shall be the proportion of the State Tax to the whole tax levied by the county, on the basis of one hundred dollars per month for the Auditors salary; for the Assessor, a sum which shall be the proportion of the State Tax to the whole tax levied by the county, on the basis of the salary allowed by this Act; for the Treasurer, four per cent. on all moneys paid to the State, after deducting School moneys. These allowances shall be made at the time of the semi-annual settlement provided by law, upon vouchers furnished the County Treasurer by the Board of Commissioners of his county. |
Neglect of duty.
Penalty.
Proviso.
Fees. Collection of fees obligatory. Liability, etc. Collections and custody of same.
Fund and Warrants. Transfer of surplus.
Revenue allowances by the State. Auditors.
Assessors.
Treasurers.
Vouchers. |
________
κ1879 Statutes of Nevada, Page 138κ
|
State printing office created.
Who eligible.
Commissioners.
To appoint. Term of office and election.
Bond to be given.
Amount of bond.
Filing of bond Duties of Superintendent. Responsibility.
Senate and Assembly printing.
Work, to whom delivered. Printing for State officers. Compositors and pressmen.
Rate of wages. Number of employes. |
Chap. CXXIX.An Act to establish a State Printing Office, and to create the office of Superintendent of State Printing.
[Approved March 11, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Superintendent of State Printing is hereby created, and after the first day of January, eighteen hundred and eighty-one, all printing (excepting advertising) shall be done under his superintendence, in an office hereafter provided for. Sec. 2. No person other than a practical printer shall be eligible to the office of the Superintendent of State Printing. Sec. 3. The Secretary of State, State Controller and State Treasurer, shall be known as the State Board of Printing Commissioners, who shall, thirty days prior to the convening of the next session of the Legislature, appoint a Superintendent of State Printing. Said Superintendent to hold office for two years, and thereafter said officer shall be elected by the people, in accordance with proclamation by the Governor, as provided in the case of all other State officers. Sec. 4. The Superintendent of State Printing, before entering upon the discharge of the duties of his office, shall give a good and sufficient bond to the people of the State of Nevada, in the sum of ten thousand dollars, with two or more sureties, to be approved by the Board designated in section three of this Act, for the faithful performance of his duties, which bond shall be filed in the office of the Secretary of State. Sec. 5. The duties of the Superintendent of State Printing shall be as follows: He shall have the entire charge and superintendence of the State Printing, and all matters pertaining to his office. He shall take charge of and be responsible for all manuscripts or other matter which may be placed in his hands to be printed, and shall cause the same to be promptly executed. He shall receive from the Senate or Assembly all matter ordered by either House to be printed and bound, or either printed or bound, and shall keep a record of the same, and of the order in which it may be received, and when the work shall have been executed he shall deliver the finished sheets, or volumes, to the Sergeant-at-Arms of either House, as the case may be, or any department authorized to receive them. He shall receive and promptly execute all orders for printing required to be done by the various State officers. He shall employ such compositors, pressmen, or assistants, as the exigency of the work may, from time to time require, and may at any time discharge such employes, provided, that at no time shall he pay said compositors, pressmen, or assistants, a higher rate of wages than is recognized by the employing printers of the State of Nevada. He shall at no time employ more compositors, pressmen, or assistants, than the necessities of the State printing may require, and he shall not permit any other than State work to be done in the State Printing Office. |
κ1879 Statutes of Nevada, Page 139 (CHAPTER 129)κ
|
to be done in the State Printing Office. The Superintendent of State Printing shall on the first day of December of each year, make a report, in writing, to the Governor, embracing a record of the complete transactions of his office. Sec. 6. He shall not, during his continuance in office, have any interest direct, or indirect, in any contract for furnishing paper and other printing stock, or material connected with the State Printing. Sec. 7. The State Board of Printing Commissioners are hereby authorized and instructed, when in their judgment they may deem it necessary to advertise for a period of twenty days for bids for furnishing paper and other stationery requisite for the public printing, and said board shall award the contract to the lowest, responsible bidder. No bid shall be considered unless it is accompanied by a bond, with two or more sureties in the sum of five thousand dollars, conditioned, that if the bidder receives the award of the contract he will, within thirty days, enter into bonds in the sum of five thousand dollars, with two or more sureties, to be approved by the Governor, that he will faithfully perform the conditions of the contract. Sec. 8. The State Board of Printing Commissioners, as designated in section three of this Act, are hereby empowered authorized and directed, to provide for the Superintendent of State Printing, within convenient distance of the State Capitol, and in the town of Carson, a suitable building wherein to establish the State Printing Office. Sec. 9. The Superintendent of State Printing shall receive a salary of twenty-four hundred dollars per year, payable monthly out of any moneys in the General Fund, not otherwise appropriated. Sec. 10. The sum of ten thousand dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, to be used for the purposes mentioned in this Act, by and under the directions of the Board of Printing Commissioners hereby created, together with such other sum, or sums, as may be found necessary for the incidental expenses of said Board, to give full effect and force to the foregoing provisions of ths Act. Sec. 11. The State Controller is hereby authorized and directed to draw his warrant in favor of said Board of Commissioners, on the General Fund of the State, for the sum hereby appropriated, and for such incidental expenses of said Board, not to exceed the sum of seven hundred and fifty dollars. Sec. 12. The State Treasurer is hereby authorized and directed to pay all warrants drawn in favor of said Board of Printing Commissioners on their presentation, not exceeding the sums appropriated in sections ten and eleven of this Act. Sec. 13. This Act shall take effect and be in full force from and after the expiration of the present printing contract. |
Report to be made.
Superintendent.
Commissioners to advertise for bids.
Bond to accompany bid.
Time of filing bond. Approval by the Governor. Commissioners to provide suitable building.
Salary. How paid.
Appropriation.
Use of appropriation.
Controller to draw warrant. Incidental expenses.
State Treasurer to pay warrants.
Act to take effect. |
________
κ1879 Statutes of Nevada, Page 140κ
|
Selection of grounds for Insane Asylum. Appropriation.
Appropriation, how used. Proviso. Water. |
Chap. CXXX.An Act concerning the Insane of the State. Whereas: It is the duty of the State at some time in the near future to provide for and take care of its own Insane at home.
[Approved March 11, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State grounds at Reno are hereby selected as the site for an Insane Asylum, and such Insane Asylum is hereby located on said grounds. Sec. 2. The sum of five thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated for the purpose of supplying such grounds with water, and improving the site of such location by purchasing and planting trees, and fencing the same, and for the purpose of obtaining plans and specifications for an Asylum, to be submitted to the Legislature two years hence. Said sum to be expended under the direction of the Board of Commissioners for the care of the insane; provided, that the commissioners are hereby first instructed to obtain a perfect title to three hundred inches of water, before commencing to improve the land. |
________
|
Homesteads exempted from execution. Amount exempt.
Except purchase-money.
Mortgages. Selection of property. |
Chap. CXXXI.An Act to amend an Act entitled An Act to exempt the Homestead and other property from forced sale in certain cases, approved March 6, 1865.
[Approved March 17, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled Act is hereby amended so as to read as follows: Section One. The homestead, consisting of a quantity of land, together with the dwelling-house thereon and its appurtenances, not exceeding in value five thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any Court, for any debt or liability contracted or incurred after November thirteenth, in the year of Our Lord one thousand eight hundred and sixty-one, except process to enforce the payment of the purchase-money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage thereon, executed and given by both husband and wife, when that relation exists. Said selection shall be made by either the husband or wife, or both of them, or other head of a family, declaring their intention in writing to claim the same as a homestead. Said declaration shall state when made by a married person or persons that they or either of them are married, |
κ1879 Statutes of Nevada, Page 141 (CHAPTER 131)κ
|
tion shall state when made by a married person or persons that they or either of them are married, or if not married, that he or she is the head of a family, and they or either of them, as the case may be, are, at the time of making such declaration, residing with their family, or with the person or persons under their care and maintenance on the premises, particularly describing said premises, and that it is their intention to use and claim the same as a homestead, which declaration shall be signed by the party of parties making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded; and from and after the filing for record of said declaration, the husband and wife shall be deemed to hold said homestead as joint tenants; provided, that if the property declared upon as a homestead be the separate property of either spouse, both must join in the execution and acknowledgment of the declaration; and if such property shall retain its character or separate property until the death of one or the other of such spouses, then and in that event the homestead rights shall cease in and upon said property, and the same belong to the party (or his or her heirs) to whom it belonged when filed upon as a homestead; and, provided further, that tenants in common may declare for homestead rights upon their respective estates in land, and the improvements thereon; and hold and enjoy homestead rights and privileges therein, subject to the rights of their co-tenants, to enforce partition of such common property as in other cases of tenants in common. Sec. 2. Section four of said Act is hereby amended so as to read as follows: Section Four. The homestead and all other property exempt by law from sale under execution, shall, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his or her benefit and that of his or her legitimate child or children; and in the event of there being no surviving spouse, or legitimate child or children of either, then the property shall be subject to administration and to the payment of his or her debts and liabilities; provided, that the exemption made by this Act and the Act of which it is amendatory shall not extend to unmarried persons, except when they have the care and maintenance of minor brothers or sisters, or both, or of a brothers or sisters minor children, or of a father or mother, or of grandparents, or unmarried sisters living in the house with them; and in all such cases the exemption shall cease upon the cessation of the terms upon which it is granted; and upon the death of such unmarried person, the property shall descend to his or her heirs, as in other cases, unless disposed of by will, subject to administration and the payment of debts and liabilities; and provided, further, that no exemption to the surviving spouse shall be allowed in cases where the homestead declaration has been filed upon the separate property of either husband or wife, as provided in Section One of this Act; provided, nothing in this Act shall be held or construed to in any manner affect existing rights or pending litigation; but all such rights and litigation shall be determined by the Act before in force, and of which this Act is amendatory. |
Contents of declaration.
Acknowledgements.
Held as joint tenants. Separate property.
Right to cease.
Proviso.
Amendment To revert in case of death.
Proviso. Exemption and descent to heirs.
Proviso.
Litigation. |
________
κ1879 Statutes of Nevada, Page 142κ
|
Appropriation.
Fund created. Under control of Board of Directors. President and Secretary be elected. Name and style. Location.
Consideration of inducement
Directors to manage.
Record to be kept.
Report to be submitted. Superintendent and Matron. Board of Directors to employ help Accounts to be examined. Controller to draw warrant.
Salary of Superintendent. Of matron. How drawn. |
Chap. CXXXII.An Act to establish and maintain a State Asylum for the Indigent, Poor, and Maimed of this State.
[Approved March 17, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty thousand dollars is hereby appropriated out of the General Fund for the purpose of creating, establishing, and supporting an Asylum for the indigent poor and maimed of this State, and a State Asylum Fund is hereby created. Sec. 2. The administration of the said State Asylum shall be under the control of a Board of Directors, to consist of the Governor, the Chief Justice of the Supreme Court, and the Secretary of State. They shall select from their number a President and a Secretary. They shall be known by the name and style of the Board of Directors of the State Asylum for the indigent poor and maimed. Sec. 3. The location of said asylum provided for in Section One of this Act shall be at such point or place as in the judgment of the Board of Directors shall be best calculated to make available the objects of the institution, consideration being particularly had to inducements which may be offered by parties wishing its location at any particular point or place, and they shall have power to purchase land, and to erect suitable building thereon for said asylum. Sec. 4. The Board of Directors shall have power to manage and administer the affairs of said asylum, and to make by-laws for their own government, and the government of said asylum. They shall cause to be kept a record of their proceedings, which shall at all times be open for the inspection of a Committee appointed by the Legislature. They shall submit to the Legislature during the second week of each session a biennial report showing the amount of receipts and expenditures and condition of said asylum. The number of inmates admitted and discharged during each biennial period. They shall appoint a superintendent and a matron, who shall be husband and wife, and who shall reside at said asylum. The Board of Directors shall also have the power to employ all other suitable persons necessary to conduct the affairs of said asylum. Sec. 5. All accounts and demands against said asylum shall be examined and approved by the Board of Directors before being presented to the State Board of Examiners, and when allowed by the Board of Examiners, the Controller shall draw his warrant on the said Asylum Fund for the amount allowed. Sec. 6. The salary of the superintendent shall not exceed fifteen hundred dollars ($1,500) per annum; The salary of the matron shall not exceed nine hundred dollars ($900) per annum. Both the superintendent and the matron shall draw their pay quarterly. |
κ1879 Statutes of Nevada, Page 143 (CHAPTER 132)κ
|
Sec. 7. Inmates of said asylum shall be received only upon the certificate of the County Physician and the chairman of the Board of County Commissioners of a county. After an examination by them of the circumstances of the applicant, it must appear to their satisfaction that the applicant is a bone fide resident of their county, and that from the infirmities of age, or other sufficient cause, the applicant is unable to support himself or herself, and has no means of support; the certificate shall show the facts as the case may be. Sec. 8. Inmates of said asylum shall be discharged therefrom whenever the necessity of their remaining therein shall cease, either by reason that the Board of Directors are able to obtain suitable employment for them or otherwise. Sec. 9. It shall be the duty of the superintendent and matron to furnish, on the first Monday of each quarter of the year, to the Board of Directors, an estimate of all stores, supplies and fuel required for the use of said asylum for the next ensuing three months. The estimate shall state the kind, quality and amount of such stores, supplies and fuel, and shall be filed in the office of the superintendent, subject always to the examination of the parties desiring to bid therefor. The Board of Directors, upon the receipt of said estimate, shall give notice by advertisement in one daily newspaper published near where such asylum is located, for six days, that sealed proposals will be received for furnishing to said asylum the amount, quality and kind of stores, supplies and fuel contained in the quarterly estimate on file in the office of the superintendent of the aforesaid asylum. Sec. 10. The Board of Directors are hereby directed to meet at the office of the superintendent, or of the secretary, on the first Monday of the second week in each quarter, and then and there to open all such sealed proposals. The lowest sealed proposal in price shall be accepted and noted in the minutes of the secretary, and he shall notify the person or persons of the acceptance of their proposal for furnishing the said asylum with stores, supplies and fuel; provided, that the Board of Directors shall have the right to reject any and all bids from persons not responsible. Sec. 11. An Act entitled an Act relating to the support of the poor, approved November ninth, one thousand eight hundred and sixty-one, and all other Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. |
Inmates. Certificate of physician
Who eligible.
Inmates, when discharged.
Supplies.
Style of estimate.
Directors to advertise.
Advertising proposals. Character of stores.
Board to meet and open proposals. Lowest proposal to be accepted. Acceptance of bids. Proviso. Right to reject. Repealed. |
|
Chap. CXXXIII.An Act to discontinue litigation touching inequitable claims for taxes and penalties.
[Approved March 17, 1879.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any suit or suits, or other proceedings heretofore instituted and now pending in any court in the State of Nevada to enforce the collection of any tax or taxes, |
|
κ1879 Statutes of Nevada, Page 144 (CHAPTER 133)κ
|
|
to enforce the collection of any tax or taxes, claimed to have become due for county purposes prior to the first day of July, 1875, which were not in fact placed upon the assessment-roll or delinquent-list and demanded prior to that date, are hereby discontinued, and no suit, or suits, or other proceedings, shall hereafter be commenced or maintained for the purpose aforesaid. Sec. 2. All claims by the State or by any county, for penalties or percentages, which had accrued previous to the first day of July, 1877, on account of non-payment at the time required by law, of any previously levied tax, where the original tax and costs were in fact paid prior to said date, are remitted and discharged, and the District Attorneys of the several counties are directed to dismiss all actions heretofore commenced for the recovery of such penalties and percentages. Sec. 3. Wherein suits commenced for the recovery of taxes delinquent prior to the first day of July, 1877, a judgment has, by the consent of the District Attorney, been entered for the amount of the original tax and costs, exclusive of any penalty or percentage due, or claimed by reason of default in payment at the time prescribed by law, the action of the District Attorney in so consenting to said judgment, is hereby ratified and approved. Sec. 4. Wherein actions of the character specified in the two preceding sections, a judgment has been entered for the taxes, and also for the penalties or percentages prescribed by law for default in payment, such judgment, if no execution was issued thereon prior to the first day of February, 1877, shall be satisfied and discharged upon payment of the original tax and other costs, exclusive of the amount of the penalties and percentages included therein, and still unpaid. |