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κ1883 Statutes of Nevada, Page 9κ

 

LAWS OF THE STATE OF NEVADA,

passed at the

ELEVENTH SESSION OF THE LEGISLATURE, 1883.

 

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CHAPTER 1

Chapter I.–An Act to create a Legislative Fund.

 

[Approved January 4, 1883.]

 

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 attaches of the present Legislature, the mileage and per diem 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 fifty-five thousand dollars, which shall constitute the Legislative Fund.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the Senate and Assembly for per diem, mileage, stationery, allowance, compensation and incidental expenses of the respective Houses, when properly certified to him in accordance to law; and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the Legislature shall revert to General Fund.

 

 

 

 

 

 

 

 

 

State Legislative Fund created.

 

How disbursed.

 

 

 

 

Money remaining, where to revert.

 

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κ1883 Statutes of Nevada, Page 10κ

CHAPTER 2

 

 

 

 

 

 

 

 

 

 

Officers and employes of Senate.

 

 

 

 

Of Assembly.

 

 

 

 

 

Per diem of attaches.

 

 

 

 

 

 

 

 

 

 

Copying clerks.

Chap. II.–An Act to amend an Act entitled “An Act fixing the number of officers and employes of the Senate and Assembly, to define their duties and to establish their pay,” approved January 27, 1881.

 

[Approved January 8, 1883.]

 

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 to read as follows:

      Section One.  The officers and employes of the Senate shall consist of one Secretary, one Assistant Secretary, one Sergeant- at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, two Copying Clerks, two Committee Clerks, one Porter, one Messenger and two Pages.

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

      Section Two.  The officers and employes of the Assembly shall consist of one Chief Clerk, one Assistant Clerk, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, three Committee Clerks, one Enrolling Clerk, one Engrossing Clerk, two Copying Clerks, one Messenger, two Pages and one Porter.

      Sec. 3.  Section three of said Act is hereby amended to read as follows:

      Section Three.  There shall be paid to the several officers and employes named in this Act, for all services rendered by them under the provisions of this Act, the following sums of money and no more: The Secretary of the Senate, the Assistant Secretary of the Senate, the Chief Clerk of the Assembly, and the Assistant Clerk of the Assembly shall each receive eight dollars per day; the Minute Clerk, the Journal Clerk, and the Enrolling Clerk of the Senate and Assembly shall each receive the sum of seven dollars per day; the Sergeant-at-Arms of the Senate and Assembly shall each receive the sum of eight dollars per day; the Assistant Sergeant-at-Arms of the Senate and Assembly shall each receive the sum of five dollars per day; the Engrossing Clerks of the Senate and Assembly shall each receive the sum of six dollars per day; the Committee Clerks of the Senate and Assembly shall each receive the sum of five dollars per day; the Copying Clerks of the Senate and Assembly shall each receive the sum of five dollars per day; the Porters of the Senate and Assembly shall each receive the sum of four dollars per day; the Messengers and Pages of the Senate and Assembly shall each receive the sum of three dollars per day.

 


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κ1883 Statutes of Nevada, Page 11 (CHAPTER 2)κ

 

Messengers and Pages of the Senate and Assembly shall each receive the sum of three dollars per day.

      Sec. 4.  Section four of said Act is hereby amended so as to read as follows:

      Section Four.  It shall be the duty of the Secretary of the Senate to attend each day, call the roll, read the Journal and bills, to take charge of and superintend the copying of the Journal. It shall be the duty of the Chief Clerk of the Assembly to attend each day, call the roll, read the Journal and bills, to take charge of and superintend the copying of the Journals. It shall be the duty of the Assistant Secretary of the Senate and the Assistant Clerk of the Assembly to take charge of all bills, petitions and other papers presented to their respective Houses, to file and enter the same in the books provided for that purpose, and to perform such other duties as may be directed by the Secretary of the Senate and the Chief Clerk of the Assembly. It shall be the duty of the Minute Clerk of the Senate and the Minute Clerk of the Assembly to keep a correct record of the proceedings of each day for the purpose of having such proceedings recorded in the Journals by the Journal Clerks of their respective Houses. It shall be the duty of the Journal Clerk of the Senate to record each day’s proceedings in the Journal, from which they shall be read by the Secretary each day of meeting, in order that they may be authenticated by the signature of the President. It shall be the duty of the Journal Clerk of the Assembly to perform all similar duties for the Assembly which are required to be performed by the Journal Clerk of the Senate. It shall be the duty of the Sergeant-at-Arms of the Senate and Sergeant-at-Arms of the Assembly to give a general supervision, under the direction of the presiding officers, to the Senate and Assembly Chambers, with the rooms attached; to attend during the sittings of their respective bodies, execute their commands, together with all such process issued by authority thereof as shall be directed to them by their presiding officers; to keep an accurate account for paying mileage of members, and prepare checks for the same. They shall receive no other compensation for their services, beyond their per diem, except actual expenses incurred in arrests made by them and for traveling expenses for themselves or special messengers, which expense, so incurred, shall be paid from the Contingent Fund of their respective Houses; provided, that no messenger shall be employed by any officer of either House unless expressly authorized so to do by the House of which he is an officer. It shall be the duty of the Assistant Sergeant-at-Arms of each House to perform the duties of doorkeeper, prohibit all persons, except members of the Legislature and State officers,

 

 

 

Duties of attaches.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payment of expenses of Sergeant-at-Arms in making arrests.

 


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κ1883 Statutes of Nevada, Page 12 (CHAPTER 2)κ

 

 

Legislature and State officers, employes and ladies and such reporters as may have seats assigned to them by the rules of each House, from entering within the bar of the House of which he is doorkeeper, unless upon invitation, and to arrest for contempt all persons outside of the bar or in the gallery found engaged in loud conversation or otherwise making a noise to the disturbance of their respective Houses.

 

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CHAPTER 3

 

 

 

 

 

 

 

 

Transfer of money in Legislative Fund of 1881 to General Fund.

Chap. III.–An Act to transfer to the General Fund the surplus of the Legislative Fund of eighteen hundred and eighty-one.

 

[Approved January 12, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State Treasurer is hereby authorized and required to transfer to the General Fund the sum of fifteen hundred and thirty dollars and forty cents, the amount unexpended and remaining in the Legislative Fund of the State for the year eighteen hundred and eighty-one. As soon as said transfer is made, the Treasurer shall notify the Controller thereof, who shall charge said General Fund with said sum, and balance said Legislative Fund.

 

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CHAPTER 4

 

 

 

 

 

 

 

Washoe and Roop counties consolidated to form the Seventh Judicial District.

Chap. IV.–An Act to consolidate the Counties of Washoe and Roop.

 

[Approved January 18, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The counties of Washoe and Roop shall hereafter form but one county, to be known as Washoe county. Said county shall embrace the territory within the present boundaries of Washoe and Roop counties, and shall constitute the Seventh Judicial District.

 

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κ1883 Statutes of Nevada, Page 13κ

CHAPTER 5

Chap. V.–An Act ceding the jurisdiction of this State over certain lands owned by the United States.

 

[Approved January 18, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the jurisdiction of this State is hereby ceded to the United States of America over all such pieces or parcels of land within the limits of this State as have been or shall hereafter be selected and acquired by the United States for the purpose of erecting postoffices, custom houses or other structures exclusively owned by the General Government and used for its purposes; provided, that an accurate description and plat of such lands so acquired, verified by the oath of some officer of the General Government having knowledge of the facts, shall be filed with the Governor of this State; and further provided, that this cession is upon the express condition that the State of Nevada shall so far retain concurrent jurisdiction with the United States in and over all lands acquired or hereafter acquired as aforesaid; that all civil or criminal process issued by any court of competent jurisdiction, or officers having authority of law to issue such process, and all orders made by such court, or any judicial officer duly empowered to make such orders, and necessary to be served upon any person, may be executed upon said lands and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid.

      Sec. 2.  The lands aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States.

      Sec. 3.  This Act shall take effect from and after its passage.

 

 

 

 

 

 

 

 

State of Nevada ceding to United States lands for public buildings.

 

 

 

 

Conditions of.

 

 

 

 

 

 

 

 

Exempt from taxation.

 

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CHAPTER 6

Chap. VI.–An Act to repeal an Act entitled “An Act for the relief of sureties on o fficial bonds,” approved February 28, 1881.

 

[Approved January 22, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  An Act entitled “An Act for the relief of sureties on official bonds,” approved February 28, 1881, is hereby repealed.

 

 

 

 

 

 

 

 

Repeals Act of February 28, 1881.

 

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κ1883 Statutes of Nevada, Page 14κ

CHAPTER 7

 

 

 

 

 

 

 

Application of the Common Law of England adopted.

 

Act of October 30, 1861, adopting same, repealed.

Chap. VII.–An Act adopting the Common Law.

 

[Approved January 24, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Common Law of England, so far as it is not repugnant to, or in conflict with the Constitution and laws of the United States, or the Constitution and laws of this State, shall be the rule of decision in all the courts of this State.

      Sec. 2.  An Act entitled “An Act adopting the Common Law,” approved October 30, 1861, is hereby repealed.

 

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CHAPTER 8

 

 

 

 

 

 

 

 

 

 

 

Judge or referee may order application of property to satisfaction of judgment

Fifty dollars exempt from execution, on certain affidavit of judgment debtor.

Chap. VIII.–An Act to amend an Act entitled “An Act to regulate proceedings in civil cases in courts of justice of this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

 

[Approved January 25, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section two hundred and forty-five of said Act, as amended March 3, 1881, is hereby amended so as to read as follows:

      Section Two Hundred and Forty-five.  The Judge or Referee may order any property of the judgment debtor not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor, not exceeding fifty dollars for his personal services at any time within thirty days next preceding the order, shall not be so applied when it shall be made to appear by the debtor’s affidavit, or otherwise, that such earnings are necessary for his own support or the use of a family supported wholly or partly by his labor.

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

 

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κ1883 Statutes of Nevada, Page 15κ

CHAPTER 9

Chap. IX.–An Act to admit to probate a certain paper purporting to be the last will and testament of George G. Blair, deceased.

 

[Became a law January 25, 1883.]

 

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 George G. Blair, deceased, is hereby declared to be as legal and valid as though the same had been sealed with the seal of said George G. Blair, 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 George G. Blair.

      Sec. 2.  Nothing in this Act shall be construed as determining the issue of fact whether said will is the last will and testament of said George G. Blair, 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 George G. Blair, 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.

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      This bill having remained with the Governor five days (Sundays excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of His Excellency, the Governor, February 14, 1883.

JOHN M. DORMER, Secretary of State.

 

 

 

 

 

 

 

 

Will legal and valid, notwithstanding absence of seal.

 

 

Court to determine issue of fact as to last will and testament.

 

 

Permits heirs-at-law and others to contest validity of same.

 

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CHAPTER 10

Chap. X.–An Act to provide for the payment of moneys expended in the construction of the Nevada State Insane Asylum.

 

[Approved January 30, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three thousand nine hundred and eighteen dollars and thirteen cents is hereby appropriated out of any money in the General Fund of this State, not otherwise appropriated, to pay the claim of J. F. Condon, A. H. Manning, T. K. Hymers, J. K. Everett, S. M.

 

 

 

 

 

 

 

 

 

Relief granted contractors.

 


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κ1883 Statutes of Nevada, Page 16 (CHAPTER 10)κ

 

 

 

 

 

Controller and Treasurer, duties of.

Jamison, Andrew Fraser, John Sunderland, L. J. Flint and H. L. Fish, the contractors for building the Insane Asylum at Reno, being an amount allowed by the Board of Commissioners for the Care of the Insane (with interest added thereto), in the month of March, 1882.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant for the amount above mentioned in favor of said contractors, and the State Treasurer is hereby authorized and directed to pay the same.

 

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CHAPTER 11

 

 

 

 

 

 

 

 

 

 

Community property, upon death of husband, how disposed of.

 

 

Homestead set apart for widow and minor heirs.

 

 

 

Property subject to debts of husband.

Absence of testamentary disposition, wife to pay debts, property not subject to administration.

Chap. XI.–An Act to amend an Act entitled “An Act defining the rights of husband and wife,” approved March 10, 1873.

 

[Approved January 30, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section eleven of the Act of which this Act is amendatory, as amended March 2, 1881, is hereby amended so as to read as follows:

      Section Eleven.  Upon the death of the husband one-half of the community property goes to the surviving wife and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his surviving children equally, and in the absence of both such disposition and surviving children, the entire community property belongs without administration to the surviving wife, except as hereinafter provided, subject, however, to all debts contracted by the husband during his life that were not barred by the Statute of Limitations at the time of his death; provided, however, that the homestead set apart by the husband and wife, or either of them, before his death, and such other property as may be exempt by law from execution or forced sale, shall be set apart for the use of the widow and minor heirs, and if no minor heirs, for the use of the widow. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance and charges and expense of administration; provided, however, that if in the absence of said testamentary disposition the surviving wife and children, and in the absence of such children the wife shall pay or cause to be paid all indebtedness legally due from said estate, or secure the payment of the same to the satisfaction of the creditors of said estate, then and in such case the said community property shall not be subject to administration.

 

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κ1883 Statutes of Nevada, Page 17κ

CHAPTER 12

Chap. XII.–An Act to pay the deficiencies in the appropriations for the seventeenth and eighteenth fiscal years.

 

[Approved January 30, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of twenty-two thousand two hundred and fifty dollars and sixty-eight cents is hereby appropriated out of any money in the General Fund of the State for the payment of the deficiencies in the appropriations for the seventeenth and eighteenth fiscal years, as follows:

      To A. Dawson, two hundred dollars.

      To C. B. Martin, one hundred dollars.

      To A. D. Dawson, ninety dollars.

      To C. F. Legate, seventy-five dollars.

      To A. B. Walker, sixty dollars.

      To O. H. Tufts, sixty dollars.

      To N. J. Cooley, fifty dollars.

      To J. B. Zimmerman, fifty dollars.

      To Jacob Linn, forty-five dollars.

      To E. Eger, forty dollars.

      To Henry Johnson, forty dollars.

      To Pat Brecken, forty dollars.

      To A. O. Levigne, forty dollars.

      To George Simpson, forty dollars.

      To H. M. Holcomb, thirty-five dollars.

      To John Caughlin, thirty-five dollars.

      To John Tornado, thirty dollars.

      To Ed. Burrill, thirty dollars.

      To L. G. Loomis, thirty-eight dollars and twenty-three cents.

      To H. Griffith, thirty-six dollars and seventy-seven cents.

      To Alex. Case, thirty-five dollars.

      To L. J. Moore, two hundred dollars.

      To A. Lindley, six hundred and forty-seven dollars and forty-three cents.

      To M. J. Smith, ninety dollars.

      To I. Barnett, seventy-seven dollars and thirty cents.

      To F. Levy and Brothers, eight dollars and seventy-four cents.

      To J. F. Devoy, five hundred and seven dollars and fifty cents.

      To John Sunderland, forty-seven dollars and eighteen cents.

      To Reno Laundry, eleven dollars and twenty-five cents.

 

 

 

 

 

 

 

 

 

Appropriation for deficiency, care of the insane.

 


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κ1883 Statutes of Nevada, Page 18 (CHAPTER 12)κ

 

Appropriation for deficiency, care of the insane.

      To Bartole Berazi, thirty-seven dollars and fifty-five cents.

      To Sylvester, Moye & Co., ninety-three dollars.

      To E. Taussig, twelve dollars and fifty cents.

      To Manning & Berry, one hundred and forty-nine dollars and twenty-eight cents.

      To Reno Foundry, thirty dollars and ninety-nine cents.

      To L. J. Flint, three hundred and fourteen dollars and seventy-six cents.

      To Osborn & Shoemaker, sixteen dollars and seventy cents.

      To T. K. Hymers, ten dollars.

      To Abrahams Brothers, forty dollars.

      To M. Nathan, five dollars.

      To W. W. Montague & Co., fifty-one dollars.

      To Alex. Case, thirty-five dollars.

      To Henry Griffith, thirty-five dollars.

      To Ed. Burrill, thirty dollars.

      To John Tornado, thirty dollars.

      To Jane Johnson, twenty-two dollars.

      To Julia Wobkins, eleven dollars and sixty-seven cents.

      To V. &. T. R. R., three dollars and eighty cents.

      To N. J. Cooley, fifty dollars.

      To M. Cullen, thirty dollars.

      To Ellen Quinn, thirteen dollars and thirty-three cents.

      To C. B. Martin, five dollars.

      To A. Lindley, six hundred and sixty-two dollars and two cents.

      To L. J. Moore, two hundred and ten dollars.

      To J. F. Devoy, three hundred and twenty-five dollars and thirty-seven cents.

      To L. J. Flint & Co., two hundred and seventy dollars and thirty-five cents.

      To S. M. Jamison & Son, seven dollars and fifty cents.

      To M. Nathan, ten dollars and fifty cents.

      To Blakeley & Stoddard, forty-one dollars and twenty cents.

      To Mary Wall, forty-seven dollars and fifty cents.

      To J. Klein, five dollars.

      To Charles A. Loomis, two dollars and eighty-seven cents.

      To Manning & Berry, seventy-eight dollars and seventy cents.

      To Washoe M. & L. Co., one hundred dollars and sixty-eight cents.

      To John Bilz, five dollars and five cents.

      To D. F. Dodge, eleven dollars.

      To Schofield & Tevis, thirty-nine dollars and fifty cents.

      To Reno Lumber Company, thirty-one dollars and eighty-nine cents.

 


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κ1883 Statutes of Nevada, Page 19 (CHAPTER 12)κ

 

nine cents.

      To R. Saddler, one hundred and twenty-two dollars.

      To First National Bank, ninety-four dollars and three cents.

      To M. H. Parrott, ten dollars and forty-five cents.

      To S. M. Jamison & Son, ten dollars and sixty cents.

      To J. T. Aitken, sixty-four dollars and fifty cents.

      To T. F. Laycock, ten dollars.

      To “Reno Gazette,” eight dollars and fifty cents.

      To W. H. Caughlin, thirty dollars and fifty cents.

      To J. K. Everett, eight dollars and fifty cents.

      To Thomas Summerall, one hundred and twenty-one dollars and seventy-five cents.

      To A. Dawson, two hundred dollars.

      To A. Dawson, thirty-three dollars and twenty-five cents.

      To A. D. Dawson, ninety dollars.

      To C. B. Martin, one hundred dollars.

      To C. F. Legate, seventy-five dollars.

      To C. W. Eaton, seventy-five dollars.

      To O. H. Tufts, sixty dollars.

      To A. B. Walker, sixty dollars.

      To J. B. Zimmerman, fifty dollars.

      To J. J. Linn, Forty-five dollars.

      To L. G. Loomis, forty dollars.

      To H. M. Holcomb, forty dollars.

      To E. Eger, forty dollars.

      To George Simpson, forty dollars.

      To O. H. Levigne, forty dollars.

      To Pat Brecken, forty dollars.

      To Henry Johnson, forty dollars.

      To John Caughlin, thirty-five dollars

      To B. C. Thomas, one hundred and twenty-nine dollars.

      To A. Dawson, two hundred and four dollars and eighty cents.

      To A. D. Dawson, ninety dollars.

      To C. F. Legate, seventy-five dollars.

      To C. W. Eaton, seventy-five dollars.

      To A. B. Walker, sixty dollars.

      To O. H. Tufts, sixty dollars.

      To N. J. Cooley, fifty dollars.

      To J. B. Zimmerman, fifty dollars.

      To J. J. Linn, forty-five dollars.

      To Henry Johnson, forty dollars.

      To George Simpson, forty dollars.

      To A. O. Levigne, forty dollars.

      To L. G. Loomis, forty dollars.

      To H. M. Holcomb, forty dollars.

      To E. Eger, forty dollars.

      To Pat. Brecken, forty dollars.

 

Appropriation for deficiency, care of the insane.

 


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κ1883 Statutes of Nevada, Page 20 (CHAPTER 12)κ

 

Appropriation for deficiency, care of the insane.

      To A. D. Case, thirty-five dollars.

      To Henry Griffith, thirty-five dollars.

      To Ed. Burrill, thirty dollars.

      To Jane Johnson, thirty dollars.

      To John Tornado, thirty dollars.

      To Phillip Kinney, thirty dollars and sixty-six cents.

      To Ellen Quinn, twenty-five dollars.

      To John Caughlin, nineteen dollars and eighty-four cents.

      To Ed. Byrnes, fifteen dollars and sixteen cents.

      To C. B. Martin, one hundred and ten dollars.

      To Barosi Bartoli, seventy-one dollars and seventy cents.

      To I. Barnett, sixty-five dollars and sixty-five cents.

      To S. M. Jamison & Son, sixteen dollars and eighty-five cents.

      To L. J. Flint, two hundred and twenty-eight dollars and sixty cents.

      To J. L. McFarlin, four dollars and eighty-six cents.

      To Blakeley & Stoddard, twelve dollars and seventy cents;

      To J. B. Gunther, forty-five dollars.

      To Mrs. O. H. Tufts, twenty-five dollars.

      To L. J. Moore, one hundred and eighty-seven dollars and seven cents.

      To T. K. Hymers, twenty dollars.

      To C. J. Brookins, seven dollars and fifty cents.

      To Manning & Berry, one hundred and thirteen dollars and eighty-eight cents.

      To Hall & Painter, fourteen dollars and twenty-five cents.

      To A. Lindley, six hundred and forty-three dollars and eighty-two cents.

      To A. Nadon, two hundred and thirty dollars.

      To Osborn & Shoemaker, forty-one dollars and seventy-six cents.

      To First National Bank, one hundred and fifty-six dollars and thirty-seven cents.

      To George Alt, twenty-four dollars.

      To Reno Lumber Company, thirty dollars and sixty-two cents.

      To Mary Wall, thirty-one dollars and twenty-five cents.

      To Washoe M. & L. Company, forty-two dollars and forty-three cents.

      To M. Murphy, twelve dollars.

      To John Sunderland, two hundred and twenty-nine dollars and five cents.

      To J. F. Devoy, four hundred and forty-six dollars and twenty-five cents.

      To M. Cullen, two dollars.

      To J. F. Hallock, ten dollars.

      To L. L. Crockett, ten dollars.

      To W. E. F. Deal, three dollars and seventy-five cents.

 


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κ1883 Statutes of Nevada, Page 21 (CHAPTER 12)κ

 

      To S. M. Jamison & Son, twelve dollars and fifty cents.

      To E. V. Borden, eight dollars and fifty cents.

      To M. Nathan, three hundred and thirty-two dollars.

      To Thomas Barnett, two hundred and forty-five dollars.

      To Abrahams Brothers, four hundred and twenty-seven dollars.

      To Lachman & Cohn, two hundred and twenty-nine dollars.

      To W. J. Hanks, eighty-two dollars and fifty cents.

      To J. B. Fitch, ninety-two dollars and seventy-five cents.

      To M. R. Lyons, one hundred and twenty dollars and twenty-five cents.

      To A. Dawson, two hundred dollars.

      To C. B. Martin, one hundred dollars.

      To A. D. Dawson, ninety dollars.

      To A. B. Walker, sixty dollars.

      To C. W. Eaton, seventy-five dollars.

      To O. H. Tufts, sixty dollars.

      To C. F. Legate, seventy-five dollars.

      To J. B. Zimmerman, fifty dollars.

      To Henry Johnson, forty dollars.

      To Philip Kinney, forty dollars.

      To Patrick Brecken, forty dollars.

      To A. O. Levigne, forty dollars.

      To George Simpson, forty dollars.

      To N. J. Cooley, fifty dollars.

      To H. M. Holcomb, forty dollars.

      To E. Eger, forty dollars.

      To L. G. Loomis, forty dollars.

      To A. D. Case, thirty-five dollars.

      To E. Byrnes, thirty-one dollars and fifty cents.

      To J. J. Linn, forty-five dollars.

      To John Tornado, thirty dollars.

      To E. Burrill, thirty dollars.

      To Jane Johnson, thirty dollars.

      To Ellen Quinn, twenty-five dollars.

      To William Madden, twenty-three dollars and thirty-four cents.

      To H. McDonald, three dollars and fifty cents.

      To Henry Griffith, eleven dollars and sixty-six cents.

      To L. J. Moore, one hundred and seventy-two dollars and sixty-nine cents.

      To L. J. Flint, three hundred and eight dollars and seventy-eight cents.

      To J. F. Devoy, three hundred and thirty-one dollars.

      To A. Lindley, seven hundred and fourteen dollars and eighty-four cents.

      To C. J. Brookins, eleven dollars.

      To W. A. Caughlin, eleven dollars and fifty cents.

Appropriation for deficiency, care of the insane.

 


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κ1883 Statutes of Nevada, Page 22 (CHAPTER 12)κ

 

Appropriation for deficiency, care of the insane.

      To I. Barnett, one hundred and thirty-six dollars and twenty-five cents.

      To J. K. Everett, forty-four dollars and sixty-three cents.

      To Manning & Berry, ninety-nine dollars and ninety-nine cents.

      To Daniel O’Conner, seven dollars and eighty-two cents.

      To S. Arnstein, five dollars and fifty cents.

      To S. M. Jamison & Son, ten dollars and seventy cents.

      To J. F. Myers, twenty-five dollars.

      To Osborn & Shoemaker, twelve dollars and fifty cents.

      To A. Nadon, twenty-three dollars and five cents.

      To G. B. Bacigolupi, twenty-six dollars and ninety-five cents.

      To Thomas Barnett, five dollars.

      To J. Klein, eleven dollars.

      To Hall & Painter, nineteen dollars and eighty cents.

      To C. H. Stoddard, seven dollars and twenty cents.

      To Gilbert & Moore, twenty-nine dollars and fifty-nine cents.

      To Frank Marsano, eight dollars and eleven cents.

      To Henry Whistler, forty-six dollars and fifty-seven cents.

      To Fulton Foundry, eight dollars and forty cents.

      To Reno Lumber Company, one hundred and twenty dollars and fifty cents.

      To A. Dawson, one hundred and seventy-six dollars and seven cents.

      To First National Bank, ten dollars and sixty cents.

      To D. J. Robb, eighty-six dollars and seventy-five cents.

      To W. E. F. Deal, three dollars and seventy-five cents.

      To Henry Johnson, twenty dollars and eighty-three cents.

      To Schofield & Tevis, forty-one dollars and ten cents.

      To J. F. Williams, thirty dollars.

      To Con. Mundy, one hundred and twenty dollars and seventy-five cents.

      To S. T. Swift, seventeen dollars.

      To B. C. Thomas, one hundred and eighty-three dollars and fifty cents.

      To A. Dawson, two hundred dollars.

      To C. B. Martin, one hundred dollars.

      To C. W. Eaton, seventy-five dollars.

      To C. F. Legate, seventy-five dollars.

      To A. B. Walker, sixty dollars.

      To O. H. Tufts, sixty dollars.

      To J. B. Zimmerman, fifty dollars.

      To J. J. Linn, forty-six dollars and sixty-seven cents.

      To George Simpson, forty-one dollars and sixty-seven cents.

      To E. Eger, forty dollars.

      To H. M. Holcomb, forty dollars.

 


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κ1883 Statutes of Nevada, Page 23 (CHAPTER 12)κ

 

      To A. O. Levigne, forty dollars.

      To Henry Johnson, forty dollars.

      To Phillip Kinney, forty dollars.

      To Pat Brecken, forty dollars.

      To William Madden, thirty-eight dollars and seventeen cents.

      To H.McDonald, thirty-six dollars and sixty-six cents.

      To A. D. Case, thirty-five dollars.

      To N. J. Cooley, thirty-three dollars and thirty-three cents.

      To Jane Johnson, thirty dollars.

      To Ed. Burrill, thirty dollars.

      To John Tornado, thirty dollars.

      To Ellen Quinn, twenty-five dollars.

      To L. G. Loomis, twenty-four dollars.

      To J. M. Harrington, twelve dollars and eighty-three cents.

      To L. Cox, eleven dollars and sixty-seven cents.

      To Frank Marsano, nine dollars and eighty-five cents.

      To D. W. O’Connor, eight dollars.

      To Henry Whistler, sixty-two dollars and seventy-four cents.

      To J. K. Everett, two dollars and fifty cents.

      To John F. Myers, thirteen dollars and ninety cents.

      To Manning & Berry, forty-six dollars and sixty-two cents.

      To W. H. Caughlin, three dollars.

      To C. J. Brookins, eleven dollars and forty cents.

      To G. B. Bacigalupi, twenty-six dollars and ninety-eight cents.

      To Reno Lumber Company, seventeen dollars and twenty cents.

      To L. J. Flint, three hundred and eleven dollars and thirty-eight cents.

      To I. Barnett, eight dollars and fifty-three cents.

      To E. C. Leadbetter, sixteen dollars and fifteen cents.

      To Henry Johnson, twenty-five dollars and fifty-eight cents.

      To A. Lindley, six hundred and sixty-eight dollars and fifty-four cents.

      To J. F. Devoy, two hundred and nine dollars.

      To J. L. McFarlin, three dollars and seventy-five cents.

      To S. M. Jamison & Son, three dollars and ten cents.

      To First National Bank, three hundred and sixteen dollars and five cents.

      To L. J. Moore, one hundred and ninety-three dollars and seventy-five cents.

      To Schofield & Tevis, thirty-nine dollars and seventy-five cents.

      To A. Dawson, fifty-one dollars and fifty cents.

Appropriation for deficiency, care of the insane.

 


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κ1883 Statutes of Nevada, Page 24 (CHAPTER 12)κ

 

Appropriation for deficiency, care of the insane.

      To L. L. Crockett, ten dollars.

      To G. W. Huffaker, thirty-six dollars and fifty cents.

      To J. W. Adams, ten dollars.

      To A. D. Dawson, ninety dollars.

      To “Nevada Tribune,” thirteen dollars and fifty cents.

      To J. H. Kinkead, ten dollars.

      To D. P. Merry, one thousand four hundred and four dollars and forty-eight cents.

      To S. T. Swift, twenty-six dollars.

      To S. T. Swift, fifty-six dollars.

      To W. E. F. Deal, eighteen dollars and sixty-five cents.

      Sec. 2.  The State Controller is hereby directed to draw. his warrant in favor of the persons named for the several amounts specified in Section one of this Act, and the State Treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number in each county

 

 

 

 

 

 

Governor may revoke commission

Chap. XIII.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to amend an Act to amend Section One of an Act passed by the Legislative Assembly of the Territory of Nevada entitled An Act to provide for the appointment of Notaries Public and defining their duties,’ ” approved February 9, 1864; approved March 20, 1865; approved February 9, 1866; approved March 13, 1867; approved January 27, 1879; approved February 26, 1881.

 

[Approved January 30, 1883.]

 

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, thirty; Ormsby county, four; Humboldt county, sixteen; Washoe county, nine; Douglas county, five; Lyon county, eight; Eureka county, fifteen; Elko county, fifteen; 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.

 

________

 

 


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κ1883 Statutes of Nevada, Page 25κ

CHAPTER 14

Chap. XIV.–An Act concerning sureties on official bonds.

 

[Approved January 31, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Subscriptions to official bonds shall be taken singly, and for a liability not exceeding the amount subscribed.

      Sec. 2.  When the official bond of any State, county or township officer from any cause becomes insufficient, by reason of the insolvency of any of the sureties thereon, or from any cause whatever, so that the same shall not contain at least two good and sufficient sureties for the whole penal sum named in the bond, any liability occurs or becomes fixed by reason of the defalcation, omission, neglect, misconduct, or by any act of the officer who is the principal in such bond, then in every such case, any surety or sureties shall be, and he or they are hereby released and discharged from any and all liability thereon, so far as any loss to the State or county wherein such officer held office is concerned. Upon such surety or sureties paying his or their rateable proportion of the liability on such bond, such rateable proportion shall be ascertained by considering all and each of the sureties on such bond as solvent, liable, and able to contribute his or their proportion of the whole amount of liability incurred on such bond, and the State Board of Examiners or the Boards of County Commissioners of the several counties of this State, are hereby authorized and required in such cases to make settlement with any or all such sureties who propose to pay and do pay a rateable proportion of the liability accrued on such bond. Any surety or sureties neglecting or refusing to pay such rateable proportion or defending an action for the recovery of any liability on any official bond, shall be subject to such prosecution, judgments and penalties as are now provided for by law.

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

 

 

 

 

 

 

 

Subscriptions, how taken.

Relating to official bonds, etc.

 

________

 

 


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κ1883 Statutes of Nevada, Page 26κ

CHAPTER 15

 

 

 

 

 

 

 

 

 

Fees and salaries subject to attachment.

 

 

Assignm’ts, sales or transfers.

 

 

Garnishment of Auditor or Treasurer.

 

 

 

 

Statute of Limitations

Chap. XV.–An Act to authorize fees and salaries of officers, and compensation of other persons, to be taken in attachment and execution, and to prohibit assignments to defraud creditors.

 

[Approved February 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The fees and salaries of all persons holding offices or positions of profit under the Government of the State of Nevada, or under any county, township, city, town or school district within the State, shall be subject to attachment and execution for all debts and liabilities created or incurred by such officials or other persons during their term of office or appointment, and all assignments, sales or transfers of such fees and salaries, previous to their becoming due, unless made in good faith, and not to defraud creditors, shall be null and void as against all such debts and liabilities.

      Sec. 2.  In case of the garnishment or attachment of any Auditor, Treasurer or disbursing officer, under the provisions of this Act, such officer so garnished or holding the funds or property attached, may pay the sum named, or deliver the property named in the garnishment or attachment into the court issuing the same, taking the receipt of the court therefor, which shall be a full release of the disbursing officer from the garnishment or attachment.

      Sec. 3.  The Statute of Limitations shall not run against any indebtedness of such officer or person, existing at the time of his entering upon the duties of his office or position, during the time such office or position shall be held.

 

________

 

CHAPTER 16

 

 

 

 

 

 

 

 

Body corporate and politic.

Chap. XVI.–An Act to incorporate the Grand Lodge of Knights of Pythias and their subordinate Lodges in this State.

 

[Approved February 2, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Grand Lodge of the Knights of Pythias of the State of Nevada, and its subordinate Lodges, shall be deemed bodies corporate and politic, the Grand Lodge from the date of its organization, and the Lodges subordinate thereto from the date of their charters from the Grand Lodge.

 


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κ1883 Statutes of Nevada, Page 27 (CHAPTER 16)κ

 

be deemed bodies corporate and politic, the Grand Lodge from the date of its organization, and the Lodges subordinate thereto from the date of their charters from the Grand Lodge.

      Sec. 2.  All the provisions contained in an Act entitled “An Act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows and their subordinate Lodges in this State,” approved March 3, 1865, and in the Act amendatory thereof, March 11, 1867, are hereby made applicable to the incorporation of the Grand Lodge of Knights of Pythias of the State of Nevada and its subordinate Lodges.

 

 

 

Acts applicable.

 

________

 

CHAPTER 17

Chap. XVII.–An Act to amend an Act entitled “An Act to redistrict the State of Nevada,” approved March 3, 1881.

 

[Approved February 2, 1883.]

 

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 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 Ormsby, on the second Monday of January, June and November; in the county of Douglas, on the third Monday of March, June and December. In the Third District-in the county of Lyon, on the first Monday of February, July and December; in the county of Esmeralda, on the first Monday of May and October. In the Fourth District-in the county of Humboldt, on the second Monday of February, June and October; in the county of Elko, on the first Monday of January, April and September. In the Fifth District-in the county of Lander, on the first Monday of January, May and September; in the county of Nye, on the first Monday of March, the second Monday of July and fourth Monday of October; in the county of Churchill, on the first Monday of June and December. In the Sixth District-in the county of Eureka, on the first Monday of February, June and September; in the county of White Pine, on the first Monday of April and November; in the county of Lincoln, on the first Monday of January and August. In the Seventh District-on the first Monday of January, April and September.

 

 

 

 

 

 

 

 

 

Terms of Court, when

 

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κ1883 Statutes of Nevada, Page 28κ

CHAPTER 18

 

 

 

 

 

 

 

 

Resolution to be adopted.

 

 

Time and place of election.

 

Names of the Election Board.

 

 

Qualifications of voters.

 

Notice and publication

 

 

 

 

 

Election Board, how appointed.

 

 

To be Judges and Inspectors.

Chap. XVIII.–An Act to regulate primary elections and to protect the same from fraud.

 

[Approved February 5, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any Committee or body authorized by the rules or customs of a political association, organization or party to call elections of or for such association, organization or party, in calling such election, shall, at the time of making the call, adopt a resolution which shall set forth:

      First-That a primary election will be held, giving the time when, and the place or places where such election will be held, and the hours between which the polls shall be kept open.

      Second-The names of the persons to constitute the Election Board at each polling place. If the persons named by the Committee be not present or decline to serve, then such officers shall be appointed as provided by the election law of this State.

      Third-The object for which the election is called.

      Fourth-The qualifications required for voters in addition to those prescribed by the election law of this State.

      Sec. 2.  The notice of the election shall contain a copy of the resolution and be signed by the secretary of the Committee or body, and be published at least one week prior to the time fixed for the election in some newspaper published in the nearest precinct thereto in the county, or shall be conspicuously posted in three public places in the precinct where such election is to be held at least one week prior to the time fixed for such election.

      Sec. 3.  The number of officers to constitute the Election Board shall be fixed by the Committee, and shall not be less than three nor more than five, and if the Committee be divided, the majority shall appoint a majority of the officers, and the minority shall appoint the greatest minority thereof, and the persons so appointed shall each act in the capacity of Judges, and either may act as Inspector at such election. They shall be legal voters in the precinct where and at the time they serve as such officers, and shall each be sworn in the manner provided by the election law of this State to fairly, honestly and impartially conduct the election, and shall open and close the polls at the time named in the resolution, and shall conduct and complete the canvass of votes and make returns thereof without unnecessary delay. They may administer oaths and call and examine witnesses touching the qualifications of any person offering to vote.

 


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κ1883 Statutes of Nevada, Page 29 (CHAPTER 18)κ

 

may administer oaths and call and examine witnesses touching the qualifications of any person offering to vote. They shall appoint two competent persons to act as clerks of such election, who shall each be sworn to faithfully, honestly and fairly perform the duties imposed on him by law.

      Sec. 4.  In addition to the grounds of challenge allowed by the election law of this State, and herein provided for, any person offering to vote at such election may be challenged upon the ground that he does not possess the political qualifications prescribed in the resolution, and such challenge shall be tried and determined by the Board of Election, who may administer an oath to such challenged person, and may ask any question tending to prove or disprove the challenge. The Board shall reject any vote offered by any person not a legal voter, or who does not possess the qualification required by the resolution.

      Sec. 5.  If any person who does not possess the qualification of a voter at a general election held throughout the State and the political qualification required in the resolution of the Committee or body, shall vote or offer to vote at such primary election, he shall be guilty of a misdemeanor, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars, and in default of the payment of such fine shall be imprisoned in the county jail for a period not exceeding ninety days.

      Sec. 6.  Any person offering to vote who shall, under oath administered by any of the officers of such election, willfully, untruly or falsely answer any pertinent question asked by any officer or challenger, or make any misstatement intended to mislead the officers of the election for the purpose of voting, shall be guilty of perjury, and on conviction shall suffer all the penalties provided by law for that offense.

      Sec. 7.  Any person who shall vote or offer to vote at such primary election who has voted at the same or any other precinct on the same day and for the same purpose shall be guilty of a misdemeanor, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not exceeding ninety days.

      Sec. 8.  Any officer or clerk of such primary election who shall knowingly permit any fraudulent vote to be cast, or shall knowingly receive and deposit in the ballot-box any ballot offered by any person not qualified to vote in that precinct and at that election, or of any person who has previously voted at the same election, or shall in any way knowingly procure any disqualified person to vote or attempt to vote, such officer or clerk shall be guilty of a misdemeanor, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not exceeding ninety days.

Powers.

 

 

 

Challenge grounds of.

 

 

Challenge determined

 

Vote rejected.

 

 

Misdemeanor, when.

 

 

Punishm’nt

 

 

Perjury, when

 

 

 

Punishm’nt

Double voting.

 

Misdemeanor.

Punishm’nt

 

 

Fraudulent voting.

 

 

 

Misdemeanor.

 


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κ1883 Statutes of Nevada, Page 30 (CHAPTER 18)κ

 

Punishm’nt

 

Misfeasance.

 

 

 

 

 

 

 

 

 

Misdemeanor.

 

Punishm’nt

 

 

Refusal to be sworn, vote excluded.

 

Bribery.

 

 

 

 

 

 

 

 

 

 

 

Misdemeanor.

Punishm’nt

dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not exceeding ninety days.

      Sec. 9.  Any person intrusted with the performance of any duty under the provisions of this Act who, after he shall have consented and begun to perform the same, willfully neglects or refuses to perform such duty, or who fraudulently acts in contravention or violation of any of the provisions of this Act, or who performs or assists in any act, whether in voting or in receiving or depositing ballots, or in caring for the ballots or ballot-box, or who shall willfully miscall or misread or fail to call or read the name of any person whose name is voted on any ballot, or willfully enters upon any tally list a greater or less number of votes for any person than such person actually received, with intent to change the result of such election, or impair or improve the chances of election of any candidate, or knowingly permits any illegal voting or fraud in any manner, shall be guilty of a misdemeanor, and on conviction shall be punished by fine of not less than fifty dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not exceeding six months.

      Sec. 10.  Any person offering to vote at any primary election, who, after being required by any member of the Board, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question touching his qualifications as an elector and right to vote, shall be excluded from voting at such election.

      Sec. 11.  If any person shall, at any primary election herein provided for or prior thereto, buy or offer to buy any vote, or give or offer to give any reward, employment or consideration of any character, or shall in any manner intimidate or attempt to intimidate by any threat or promise, for the purpose of influencing any voter to cast his vote in favor of any person or question or against any person or question; or if any person shall at such election for any consideration vote or offer to vote any particular ticket or for any particular person or question, or against any particular person or question, or in the real or supposed interest of any person or question, or if any person shall, at or prior to such election, give or receive any bribe, reward or promise which is given or received with the view, intention or expectation that the voter will be influenced thereby to cast his vote in any particular way, whether the vote be cast or not, or changed thereby or not; or if any person shall at such election give or receive any consideration for voting or to refrain from voting, such person shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not exceeding six months;

 


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κ1883 Statutes of Nevada, Page 31 (CHAPTER 18)κ

 

be imprisoned in the county jail for a period not exceeding six months; and any person guilty of any violation of the provisions of this Act may inform upon any other person guilty of violating the provisions thereof, and such informant, provided he be the first person giving such information, shall file a complaint, and after appearing and testifying thereto in the proper court having jurisdiction thereof shall be free from prosecution for any complicity his information may disclose or that may be disclosed at any trial instituted upon information given and complaint filed by him. A sum equal to the fine imposed shall be taxed as costs in the case and allowed to the informant.

      Sec. 12.  Any person who knowingly hands in two or more ballots folded together, or adds or attempts to add any ballot to those legally polled, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or who adds to or mixes with, or attempts to add to or mix with the ballots lawfully provided and cast other ballots while the votes are being counted or canvassed, or at any other time, or at any time abstracts any ballots lawfully polled with intent to change the result of such election, or to change the count thereat in favor of or against any person voted for at such election, or carries away or destroys, or attempts to carry away or destroy, any tally list or ballots or ballot box for the purpose of affecting the returns, or of breaking up or invalidating such election, or who willfully detains, mutilates or destroys any such election returns, or in any manner interferes with the officers holding such election, or conducting the canvass, or with voters lawfully exercising their right of voting at such election as to prevent such election or canvass from being peaceably held and fairly conducted, shall be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not less than sixty days nor exceeding six months.

      Sec. 13.  Any person who forges or counterfeits returns of any primary election purporting to have been held at a precinct, town or ward, where no election was in fact held, or who substitutes forged or counterfeit returns of a primary election in place of true returns where an election was actually held, shall be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not less than sixty days nor exceeding six months.

      Sec. 14.  After counting the votes and signing the lists the Judges must cause the ballots and one copy of the lists, together with the poll book, to be delivered to the secretary of the Committee or body which called the election, and one of the Judges must retain the other list for twenty days after said primary election.

 

 

 

 

Informer free from prosecution

 

 

Two or more ballots folded together.

 

 

 

 

 

 

 

 

 

 

 

Misdemeanor.

Punishm’nt

 

 

Forging or counterfeiting returns.

 

Misdemeanor.

Punishm’nt

 

 

Lists, ballots and poll book to be delivered to Secretary.

 


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κ1883 Statutes of Nevada, Page 32 (CHAPTER 18)κ

 

 

Certificates of election.

 

 

 

Committee to prepare register.

Registrat’n

tary of the Committee or body which called the election, and one of the Judges must retain the other list for twenty days after said primary election. The Board of Election must issue certificates of election to all persons who are chosen to fill any position by the vote of one precinct alone, and the Committee or body who called the election shall issue certificates to persons elected by the votes of more than one precinct.

      Sec. 15.  The Committee or body calling a primary election shall have privilege to prepare copies of the register for each precinct, and if the time of registration has not expired at the time of holding the primary election, actual registration shall not be necessary to qualify a voter or officer when such voter or officer is qualified in every other respect and entitled to register on the day such primary election is held, and will be entitled to vote at the next ensuing election.

 

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CHAPTER 19

 

 

 

 

 

 

 

 

 

 

Newspapers to receive Statutes and Journals.

Chap. XIX.–An Act to provide for the free distribution of the Statutes and Legislative Journals of the present and future sessions of the Legislature of the State of Nevada to certain parties.

 

[Approved February 7, 1883.]

 

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 Secretary of State to deliver, free of charge, the statutes of the present and each future session of the Legislature of the State of Nevada, together with the Assembly and Senate Journals for the present and subsequent sessions of Legislature, to the publisher of any daily or weekly newspaper published in said State, who constantly furnishes the same for the use of the State Library.

 

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κ1883 Statutes of Nevada, Page 33κ

CHAPTER 20

Chap. XX.–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 8, 1869.

 

[Approved February 8, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Five Hundred and Seventeen.  The time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows:

      First-When the summons is accompanied with an order to arrest the defendant, it shall be returnable immediately.

      Second-When the defendant is a non-resident of the township or city, or when the plaintiff is a non-resident, it shall be returnable not more than two days from its date and shall be served at least one day before the time for appearance, except in cases where it is to be served by publication, or out of the State, or by posting notices thereof, when it shall be made returnable not less than six weeks after the date of its issuance.

      Third-In all other cases it shall be returnable in not less than two nor more than ten day after its date and shall be served at least two days before the time for appearance; provided, that in cases where an action is brought in an adjoining township because there is no Justice in the proper township, it shall be returnable in not less than five nor more than ten days after its date.

 

 

 

 

 

 

 

 

 

 

 

 

 

Summons, with order to arrest, when returnable.

Summons, when plaintiff or defendant non-residents, when returnable.

 

 

Summons, in all other cases, when returnable.

 

________

 

CHAPTER 21

Chap. XXI.–An Act to amend Section Seven of an Act entitled “An Act fixing the salaries of the various county officers in the several counties in this State and other matters relating thereto,” approved March 11, 1879.

 

[Approved February 9, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section seven of the above-entitled Act, as amended March 4, 1881, is hereby amended so as to read as follows:

 

 


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κ1883 Statutes of Nevada, Page 34 (CHAPTER 21)κ

 

Applies to Humboldt county.

      Section Seven.  The Sheriff of Humboldt county shall receive thirty-six hundred dollars per annum; the County Clerk shall receive twenty-four hundred dollars per annum; the Treasurer shall receive twelve hundred dollars per annum; the District Attorney shall receive twelve hundred dollars per annum; the Recorder and Auditor shall receive two thousand dollars per annum; the Assessor shall receive twenty-five hundred dollars per annum; the Superintendent of Public Schools shall receive five hundred dollars per annum; the Commissioners shall each receive five hundred dollars per annum.

 

________

 

CHAPTER 22

 

 

 

 

 

 

 

 

To be posted, where.

 

 

 

 

Misdemeanor.

Punishm’nt

Chap. XXII.–An Act to require licenses to be posted up.

 

[Approved February 9, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person required by the laws of this State to obtain a license for the transaction of any kind of business in any fixed or certain locality therein, shall post such license conspicuously in his establishment or place of business, and keep the same so conspicuously posted until such license has expired, or he ceases to transact such business.

      Sec. 2.  Any person who shall fail to post or keep posted a license as required by Section one of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten nor more than one hundred dollars.

 

________

 

CHAPTER 23

 

 

 

 

 

 

 

Realty, conversion of, grand larceny.

Chap. XXIII.–An Act to more fully define the crime of larceny.

 

[Approved February 9, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person who shall convert any manner of real estate, of the value of fifty dollars or over, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the State Prison for any term not less than one year nor more than fourteen years.

 


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κ1883 Statutes of Nevada, Page 35 (CHAPTER 23)κ

 

carry away the same, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the State Prison for any term not less than one year nor more than fourteen years.

      Sec. 2.  Every person who shall convert any manner of real estate, of the value of under fifty dollars, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail for a period of not more than six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

      Sec. 3.  This Act shall take effect and be in force from and after its passage.

 

 

 

 

 

Same, petit larceny.

 

________

 

CHAPTER 24

Chap. XXIV.–An Act to provide for the record of patents to lands issued either by the State of Nevada or the United States of America, and other matters relating thereto.

 

[Approved February 9, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All patents which have been heretofore or which may be hereafter issued by either the State of Nevada or by the United States, for lands situate in the State of Nevada, may be recorded as they are issued in the office of the County Recorder of the county in the State of Nevada where said lands are situated; and when so recorded, copies of such records, certified as required by the laws of the State of Nevada, may be used in evidence in any court of the State of Nevada in the same manner and under the same circumstances, and with the same force and effect as certified copies of the records of conveyances of real estate, acknowledged or proven, and certified and recorded in the manner prescribed by the laws of the State of Nevada, may now be used.

 

 

 

 

 

 

 

 

 

Certified copies of U. S. and State land patents admitted in evidence, when originals recorded.

 

________

 

 


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κ1883 Statutes of Nevada, Page 36κ

CHAPTER 25

 

 

 

 

 

 

 

 

 

 

District Judges, salaries of

Chap. XXV.–An Act to amend an Act entitled “An Act fixing the salaries of the District Judges in the several Judicial Districts, and other matters relating thereto,” approved March 4, 1881.

 

[Approved February 9, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section One.  The annual salaries of the Judges of the several judicial districts shall be as follows: Of the First District, six thousand dollars; of the Second District, four thousand ($4,000) dollars, of which sum the county of Ormsby shall pay twenty-eight hundred ($2,800) dollars, and the county of Douglas shall pay twelve hundred ($1,200) dollars; of the Third District, five thousand ($5,000) dollars, the county of Lyon shall pay twenty-five hundred ($2,500) dollars, and the county of Esmeralda shall pay twenty-five ($2,500) dollars; of the Fourth District, forty-five hundred ($4,500) dollars, of which sum the county of Humboldt shall pay eighteen hundred ($1,800) dollars, and the county of Elko shall pay twenty-seven hundred ($2,700) dollars; of the Fifth District, five thousand ($5,000) dollars, of which sum the county of Lander shall pay two thousand nine hundred ($2,900), the county of Nye shall pay one thousand four hundred ($1,400), and the county of Churchill seven hundred ($700); of the Sixth District, six thousand five hundred ($6,500) dollars, of which sum the county of Eureka shall pay thirty-five hundred ($3,500) dollars, the county of White Pine shall pay eighteen hundred ($1,800) dollars, and the county of Lincoln shall pay twelve hundred ($1,200) dollars; of the Seventh Judicial District, thirty-six hundred ($3,600) dollars.

      Sec. 2.  This Act shall take effect and be in force on the first day of January, eighteen hundred and eighty-four, and all Acts heretofore passed and in conflict with this Act are hereby repealed.

 

________

 

 


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κ1883 Statutes of Nevada, Page 37κ

CHAPTER 26

Chap. XXVI.–An Act to provide for the purchasing of the portrait of Ex-Governor John H. Kinkead.

 

[Approved February 12, 1883.]

 

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-Governor John H. Kinkead, painted by Pebbles and Baldwin, and at present on exhibition in the Governor’s office.

      Sec. 2.  On 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 A. S. Baldwin for the sum of five hundred dollars, and the State Treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

 

 

Purchase of portrait.

 

 

Payment of.

 

________

 

CHAPTER 27

Chap. XXVII.–An Act for the payment of the per diem of Henry Schmidtlein, member of the Assembly from Lander county.

 

[Approved February 12, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of two hundred and eighty dollars is hereby appropriated out of the Legislative Fund for the purpose of paying the per diem of Henry Schmidtlein, member of the Assembly from Lander county, up to the thirty-sixth day of the session, during which time he was unavoidably detained from his legislative duties by sickness.

      Sec. 2.  The State Controller is hereby directed to draw his warrant on the Legislative Fund in favor of said Henry Schmidtlein for the sum of two hundred and eighty dollars, and the State Treasurer is directed to pay the same.

 

 

 

 

 

 

 

 

 

Per diem of.

 

________

 

 


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κ1883 Statutes of Nevada, Page 38κ

CHAPTER 28

 

 

 

 

 

 

 

 

Transaction of business on Sundays prohibited.

 

 

 

Exceptions.

 

 

Where applicable.

Chap. XXVIII.–An Act to provide for the better observance of the first day of the week, commonly known as Sunday.

 

[Became a law February 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person who keeps open on Sunday any store, banking-house, broker office or other place of business for the purpose of transacting business therein, or exposes for sale any provisions, dry goods, clothing, hardware, fruits, vegetables or other merchandise, shall be punishable by fine of not less than twenty-five not more than one hundred dollars.

      Sec. 2.  The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding houses, barber shops, baths, saloons, cigar stores, restaurants, taverns, livery stables and drug stores, for the legitimate business of each.

      Sec. 3.  The provisions of this Act shall be applicable only to counties where, at the last general election, there were polled twenty-five hundred votes or over.

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

____

 

      This bill having remained with the Governor five days (Sundays excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of His Excellency, the Governor, February 14, 1883.

JOHN M. DORMER, Secretary of State.

      By J. H. Marshall, Deputy

 

________

 

CHAPTER 29

 

 

 

 

 

 

 

 

 

 

Assistant counsel employed.

Chap. XXIX.–An Act providing for the employment of assistant counsel in the case of F. Livingston against the State of Nevada, and to provide for the payment of the same.

 

[Approved February 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of Examiners of the State of Nevada are hereby authorized to employ assistant counsel to defend the case of F. Livingston against the State of Nevada, now pending in the District Court of the Second Judicial District of the State of Nevada, in and for Ormsby county.

 


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κ1883 Statutes of Nevada, Page 39 (CHAPTER 29)κ

 

      Sec. 2.  The sum of five hundred dollars is hereby appropriated for the purpose mentioned in Section one of this Act out of the General Fund out of any moneys not otherwise specially appropriated, and the State Controller is hereby authorized and directed to draw his warrant on the State Treasurer for such an amount, not to exceed five hundred dollars, as the Board of Examiners may allow, and the State Treasurer is hereby directed to pay the same.

Compensation.

 

________

 

CHAPTER 30

Chap. XXX.–An Act to pay the claim of J. C. Powell, Assessor of Eureka county.

 

[Approved February 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of two hundred and fifty dollars is hereby appropriated out of any money in the General Fund of this State not otherwise appropriated to pay the claim of J. C. Powell, Assessor of Eureka county, for services rendered in making the militia rolls of Eureka county for the years 1874 and 1875.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrant upon said fund in favor of said J. C. Powell, and the Treasurer is authorized and required to pay the same.

 

 

 

 

 

 

 

Appropriation for J. C. Powell.

 

________

 

CHAPTER 31

Chap. XXXI.–An Act to amend an Act entitled “An Act to define the time for levying and assessing taxes for State and county purposes,” approved February 25, 1873.

 

[Approved February 15, 1883.]

 

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.  All State and county taxes required to be levied by the Boards of County Commissioners of the several counties of this State, in pursuance of the revenue laws of this State, shall hereafter be levied by such Boards of County Commissioners on or before the first Monday of March in each year.

 

 

 

 

 

 

 

 

 

 

Taxes, when levied.

 


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κ1883 Statutes of Nevada, Page 40 (CHAPTER 31)κ

 

 

Lien, when to attach.

 

 

 

Time of assessing.

 

 

 

Proviso.

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

      Section Two.  The lien against the property upon which such taxes may be levied, as provided by such revenue laws, shall hereafter attach upon such property on the first Monday of March in each year.

      Sec. 3.  Section three of said Act is hereby amended so as to read as follows:

      Section Three.  Between the first Monday of March and the first Monday of September, in each year, the County Assessors of the several counties of this State shall assess all property in their respective counties, and enter such assessments in the assessment rolls of their respective counties in manner and form as prescribed by the laws of this State; provided, that taxes on the proceeds of mines and all taxes levied for municipal purposes in incorporated cities and towns shall be levied, assessed and collected in the manner heretofore provided by law.

 

________

 

CHAPTER 32

 

 

 

 

 

 

 

 

 

Appropriation for E. T. George.

Chap. XXXII.–An Act to refund to E. T. George moneys expended as Commissioner to the Denver Exposition in 1882.

 

[Approved February 15, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of eight hundred and seventy-five dollars and eighty cents ($875 80) is hereby appropriated out of any moneys in the General Fund not otherwise specifically appropriated for the payment of the expenses incurred by E. T. George as Commissioner of the State of Nevada to the Denver Exposition of 1882.

      Sec. 2.  The State Controller is instructed to draw his warrant upon said fund in favor of E. T. George for the above amount, and the State Treasurer is hereby directed to pay the same on presentation.

 

________

 

 


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κ1883 Statutes of Nevada, Page 41κ

CHAPTER 33

Chap. XXXIII.–An Act to define the duties of Lieutenant Governor when acting as an ex-officio officer.

 

[Approved February 17, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Lieutenant Governor shall be ex-officio adjutant General of the State and ex-officio State Librarian, and for the services he shall render as such and while acting as Governor in the absence of the Governor from the State he shall receive an annual salary of two thousand seven hundred dollars, to be paid at the same time and in the same manner as other State officers are paid, and no extra clerical labor shall be employed at the State’s expense in said Library, save and except while he is otherwise employed on other official duties.

      Sec. 2.  All Acts and parts of Acts, so far as in conflict with this Act, are hereby repealed.

      Sec. 3.  This Act shall be in force on and after the second day of March, eighteen hundred and eighty-three.

 

 

 

 

 

 

 

 

Ex-officio Adjutant General and State Librarian, salary of.

Extra clerical labor, when permitted.

 

________

 

CHAPTER 34

Chap. XXXIV.–An Act to amend 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.

 

[Approved February 17, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Twenty-two.  No officer named in this Act, except Justices of the Peace and Constables in any township in this State wherein the number of legal votes cast at the general election held in 1882 equalled or exceeded the number of sixteen hundred and fifty, shall perform any service until the fees prescribed by law are paid; provided, that if any officer, except Justices and Constables elected as above, 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,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When suites may be commenced without payment of fees in advance.

 


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κ1883 Statutes of Nevada, Page 42 (CHAPTER 34)κ

 

When and how fees paid.

amount of such fees not collected, to be recovered in any court of competent jurisdiction; and also provided, that the first moneys collected by the Justices of the Peace and Constables elected as above, and the first moneys collected in suits before Justices so elected, shall be applied to the costs of the suit.

 

________

 

CHAPTER 35

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavits, before whom taken, out of the State.

Chap. XXXV.–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 8, 1869.

 

[Approved February 19, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section four hundred and four of an Act entitled an Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869, is hereby amended so as to read as follows:

      Section Four Hundred and Four.  An affidavit taken in another State, or in a Territory of the United States, to be used in this State, shall be taken before a commissioner appointed by the Governor of this State to take affidavits and depositions in such other State or Territory, or before any Notary Public or Judge of a Court of Record having a seal.

 

________

 

CHAPTER 36

 

Chap. XXXVI.–An Act to amend an Act entitled “An Act fixing the price of lands within the limits of the Central Pacific Railroad grant, and requiring applicants to pay United States Land Office fees; also, defining the amount of land allowed to each applicant, and in relation to issuing patents and the purchase of township plats, and authorizing the State Land Register to perform certain duties,” approved March 3, 1881.

 

[Approved February 19, 1883.]

 

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:

 


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κ1883 Statutes of Nevada, Page 43 (CHAPTER 36)κ

 

      Section One.  The price of all agricultural and grazing lands applied for after the approval of this Act, whether within or without the limits of the Central Pacific Railroad grant, is hereby fixed and shall be sold at one dollar and twenty-five cents ($1 25) per acre; provided, that nothing in this Act shall invalidate or change the condition of any completed sale, or any contract which may heretofore have been entered into between the State and individual purchasers for the sale of any land, and the price of all lands within the limits of the Central Pacific Railroad grant which have heretofore been or may hereafter be approved to the State as double minimum lands, shall remain fixed at two dollars and fifty cents ($2 50) per acre, notwithstanding such lands have been or may hereafter be forfeited to the State.

Price of agricultural and grazing lands established.

Existing contracts not affected.

 

 

Double minimum lands.

 

________

 

CHAPTER 37

Chap. XXXVII.–An Act to amend an Act entitled “An Act authorizing the Board of Examiners of this State to employ attorneys at the city of Washington, District of Columbia, to prosecute claims of this State against the General Government, and defining the mode and manner of paying the said attorneys,” approved February 28, 1881.

 

[Approved February 19, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section One.  The Board of Examiners are hereby directed to employ one or more attorneys at the city of Washington, District of Columbia, to prosecute the claims of the State of Nevada against the General Government for the five per cent. due this State from the General Government on unsold lands within the territorial limits and set apart as Indian Reservation; for the prosecution of the claims of the State against the General Government for money expended in suppressing Indian outbreaks and wars occurring in this State, and for money expended by the State of Nevada, and as successor to the Territory of Nevada, in aid of the United States Government during and on account of the war of the rebellion.

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

 

 

 

 

 

 

 

 

 

 

 

 

Employm’t of attorneys at Washington city, D. C., authorized.

 


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κ1883 Statutes of Nevada, Page 44 (CHAPTER 37)κ

 

Compensation.

      Section Two.  And they are hereby authorized to pay to said attorney, or attorneys, not to exceed fifteen per cent. of all moneys collected from said sources, to be in full payment for such attorney fees and expenses of litigation. But in no case is any money to be drawn from the treasury to pay said fees or costs of litigation.

 

________

 

CHAPTER 38

 

 

 

 

 

 

 

 

Changing value of ores, by issuing false certificates of weight or assay value.

 

 

 

 

 

 

Misdemeanor.

Punishm’nt

Chap. XXXVIII.–An Act for the prevention of fraud and the better protection of miners in the sale and purchase of ores.

 

[Approved February 20, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person, corporation or association, or the agent of any person, corporation or association, engaged in the milling, smelting, sampling, concentrating, reducing, shipping or purchasing of ores in this State, who shall in any manner knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the correct value of the same, or who shall substitute other ores for those delivered to him or them, or who shall issue any bill of sale, or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who by any secret understanding, or agreement with another, shall issue a bill of sale or certificate of purchase that does not correctly and truthfully set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him or them, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand dollars, nor less than one hundred dollars, or imprisonment in the county jail not more than one year, or both, at the discretion of the court.

 

________

 

 


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κ1883 Statutes of Nevada, Page 45κ

CHAPTER 39

Chap. XXXIX.–An Act to provide for the omission of the word “Seal,” the letters “L. S.,” and other words, letters or characters of like import on instruments in writing.

 

[Approved February 20, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The word “Seal” and the initial letters “L. S.” and other words, letters or characters of like import opposite the name of the signer of any instrument in writing are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

 

 

 

 

 

 

 

 

 

“Seal” and “L. S.” unnecessary.

 

________

 

CHAPTER 40

Chap. XL.–An Act to amend an Act entitled “An Act to regulate surveyors and surveying,” approved November 29, 1861.

 

[Approved February 20, 1883.]

 

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.  Each County Surveyor, before entering upon the duties of his office, shall take and subscribe to the oath of office, and execute to the State of Nevada a bond in the penal sum of not less than five hundred ($500) nor more than five thousand ($5,000) dollars (the amount thereof to be determined by the Board of County Commissioners), with two or more sureties, residing in the county, to be approved by the Board of County Commissioners, conditioned for the faithful performance of the duties of his office, which bond shall be filed with the County Clerk.

 

 

 

 

 

 

 

 

 

 

Oath and bond required.

 

________

 

 


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κ1883 Statutes of Nevada, Page 46κ

CHAPTER 41

 

 

 

 

 

 

 

 

Two or more mining companies may consolidate.

 

 

 

Consent of stockholders requir’d

 

Notice by advertisement.

 

 

Certificate, where filed.

 

 

 

How signed.

 

 

 

Board of Trustees or Directors.

Certificate, what to contain.

Chap. XLI.–An Act to enable mining corporations to consolidate, and defining the manner of such consolidation.

 

[Approved February 26, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be lawful for two or more corporations formed, or that may be hereafter formed, under the laws of this State for mining purposes, which own or possess mining claims or lands adjoining each other, or lying in the same vicinity, to consolidate their capital stock, debts, property, assets and franchises in such a manner and upon such terms as may be agreed upon by the respective Boards of Directors or Trustees of such companies so desiring to consolidate their interests; but no such consolidation shall take place without the consent of stockholders representing two-thirds of the capital stock of each company, and no such consolidation shall in any way relieve such companies or the stockholders thereof from any and all just debts and liabilities; and in case of such consolidation, due notice of the same shall be given by advertisement for at least twenty days in one newspaper in the county and State where the said mining property is situated, if there be one published therein, and also in one newspaper published in the county where the principal place of business of any of said companies shall be; and when the said consolidation is completed a certificate thereof containing the manner and terms of said consolidation shall be filed in the office of the County Clerk of the county in which the original certificate of incorporation of any of said companies shall be filed, and a copy thereof shall be filed in the office of the Secretary of State. Such certificate shall be signed by a majority of each Board of Directors of the original companies; and it shall be their duty to call, within thirty days after the filing or such certificate, and after at least ten days public notice in some newspaper in the county where its property is situated, a meeting of the stockholders of all of said companies so consolidated, to elect a Board of Trustees or Directors for the consolidated company for the year next ensuing. Said certificate shall also contain the name of the company, the object for which the same has been formed, which shall be the same as the original corporations, the amount of its capital stock, the time of its existence (not to exceed fifty years), the number of shares of which the capital stock shall consist, the number of Trustees or Directors who shall manage the affairs of the company for the first year, and the name of the city or town in which the principal place of business of the company is to be located.

 


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κ1883 Statutes of Nevada, Page 47 (CHAPTER 41)κ

 

shall consist, the number of Trustees or Directors who shall manage the affairs of the company for the first year, and the name of the city or town in which the principal place of business of the company is to be located.

      Sec. 2.  When two or more companies may desire to consolidate in accordance with the provisions of Section one of this Act, and shall have given the required notice, as in said section provided, any stockholder consenting thereto shall be required to give his consent in writing, stating the number of shares held by him, and that he is in favor of such consolidation; provided, that any and all stock standing in the name of trustees may be voted by such trustees the same as by the owners thereof, and the consent of such trustees shall be equivalent to the consent of such owners; and provided further, that any person holding the general proxy of any stockholder shall be entitled to give or refuse his consent to such consolidation, the same as the owner of such stock for which said proxy is held.

      Sec. 3.  The provisions of this Act shall be construed to permit and allow foreign corporations, owning mining property in this State, to consolidate with corporations organized under the laws of this State; provided, that in all such cases the principal place of business of such consolidation, when effected, shall be located in the State of Nevada, or in the State where such foreign corporation desiring such consolidation resides, as may be determined by a vote of two-thirds of the stockholders of such consolidation after the same shall be completed, and in case it shall be determined upon such vote being had, to remove the principal place of business of such consolidation out of this State, the certificate provided for in Section one shall be amended so as to show the county and State where the principal place of business is located; and provided further, that in case the principal place of business of such corporation shall be removed out of this State, there shall be an agent of such corporation appointed in this State, in the county where its property is situated, upon whom all legal process may be served, and the failure of such corporation to appoint such agent shall subject it to a fine of fifty dollars per day, to be recovered in the name of the State of Nevada, as in other cases of fines and penalties.

 

 

 

 

 

Stockholders’ consent in writing.

 

 

 

Proxy.

 

 

Foreign corporations may consolidate with home corporations.

 

 

 

 

Principal place of business, where.

 

 

Agent to be appointed, when.

 

 

Penalty.

 

________

 

 


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κ1883 Statutes of Nevada, Page 48κ

CHAPTER 42

 

 

 

 

 

 

 

 

 

 

 

 

 

Time of assessing.

 

 

 

 

 

 

Statement to Assessor.

 

 

 

 

 

 

 

 

 

Penalty.

Chap. XLII.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to further 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 1, 1866; approved February 25, 1881.

 

[Approved February 26, 1883.]

 

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

      Section 6.  Between the first Monday in March and the first Monday in September, in each year, the County Assessors, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all property in his county, real or personal, subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same; and he shall then determine the true cash value of all such property, and he shall then list and assess the same to the person, firm, corporation, association or company owning it for the purpose of enabling the Assessor to make such assessment. He shall demand from each person and firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a statement, under oath or affirmation, of all the real estate or personal property within the county owned or claimed by such persons, firm, corporation, association or company. If any person, officer or agent shall neglect or refuse, on demand of the Assessor or his deputy, to give, under oath or affirmation, the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be guilty of a misdemeanor, and shall be arrested upon complaint of the Assessor or his deputy, and upon conviction before a Justice of the Peace of the county he or she shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than ten days nor more than three months, or by both such fine and imprisonment, at the discretion of the Court. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as herein provided, within five days after demand is made therefor, the Assessor shall make an estimate of the value of such property, and assess the same accordingly.

 


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κ1883 Statutes of Nevada, Page 49 (CHAPTER 42)κ

 

to make the statement under oath or affirmation as herein provided, within five days after demand is made therefor, the Assessor shall make an estimate of the value of such property, and assess the same accordingly. If the name of such absent owner is known to the Assessor the property shall be assessed in his or her name; if unknown to the Assessor, the property shall be assessed to unknown owners. It is hereby made the duty of the Assessor at the end of each month to report to the District or Prosecuting Attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this Act, and it is hereby made the duty of such District or Prosecuting Attorney to prosecute all persons so offending.

 

Assessor, when to estimate value.

 

 

Report to District Attorney.

 

________

 

CHAPTER 43

Chap. XLIII.–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 8, 1869.

 

[Approved February 26, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Five Hundred and Twenty-seven.  The following sections of Chapter I., title V., of this Act, shall be applicable to Justices’ Courts and proceedings therein, to-wit: Eighty to eighty-five, both inclusive, and the following of Chapter II., same title, to-wit: Ninety-nine to one hundred and two, both inclusive; one hundred and four and one hundred and seven to one hundred and ten, both inclusive, the word “Justice” being inserted in lieu of the word “Clerk” or “Judge” whereever either occurs, and the word “Constable” in lieu of the word “Sheriff;” also section one hundred and twenty-three to one hundred and forty-four, both inclusive, the word “Justice” being inserted in lieu of the word “Clerk” or “Judge” where ever either occurs; provided, that the writ of attachment shall be directed to the Sheriff or any Constable of the county, and may be executed by the Sheriff or any Constable of the county wherein issued in any part of such county; and provided further, that when any personal property shall be attached by a Constable, which shall, at the time, be held under attachment or execution by the Sheriff or another Constable of the same county,

 

 

 

 

 

 

 

 

 

 

 

 

Sections applicable to Justices’ Courts.

 

 

 

 

 

Constable to give notice to last attaching officer.

 


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κ1883 Statutes of Nevada, Page 50 (CHAPTER 43)κ

 

 

or another Constable of the same county, such last attaching Constable shall give to the officer previously seizing such property the same notice required in case of garnishments, and such officer shall, if the attachment or execution under which such property was first taken by him be set aside or satisfied, without sale of such property, turn the same over to the Constable who gave the notice, and if such property be sold by the officer first taking the same under legal process, and sell for more than sufficient to satisfy the demands of such process, or less than the whole thereof be sold to satisfy such process, the officer selling shall deliver the excess of proceeds, or surplus of property, as the case may be, and to the extent necessary, to the Constable giving such notice, and the foregoing provisions shall apply to levy under execution the same as to seizure under attachment.

 

________

 

CHAPTER 44

 

 

 

 

 

 

 

 

 

 

 

 

 

Service by publication

 

 

 

Deposited in Postoffice when.

Chap. XLIV.–An Act to amend an Act entitled “An Act to regulate proceedings in civil cases in the courts of justice in this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

 

[Approved February 26, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section thirty-one of said Act is hereby amended so as to read as follows:

      Section Thirty-one.  The order shall direct the publication to be made in a newspaper, to be designated by the Court or Judge thereof as one most likely to give notice to the person to be served, for a period of six weeks, and at least once a week during said time. In case of publication, where the residence of a non-resident or absent defendant is known, the Court or Judge shall also direct a copy of the summons and complaint to be deposited in the postoffice, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the State, shall be equivalent to publication and deposit in the postoffice. The service of summons shall be deemed complete in cases of publication at the expiration of six weeks from the first publication, and in cases when a deposit of a copy of the summons and complaint in the postoffice is also required, at the expiration of six weeks from such deposit. In actions upon contracts for the direct payment of money, evidence by written instrument, the Court may, instead of ordering publication, appoint an attorney to appear and answer for the non-resident, absent or concealed defendant, and conduct the proceedings on his part.

 


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κ1883 Statutes of Nevada, Page 51 (CHAPTER 44)κ

 

by written instrument, the Court may, instead of ordering publication, appoint an attorney to appear and answer for the non-resident, absent or concealed defendant, and conduct the proceedings on his part. This section shall apply to proceedings had in Justices’ Courts.

Attorney to appear, when.

 

________

 

CHAPTER 45

Chap. XLV.–An Act to amend an Act entitled “An Act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861.

 

[Approved February 26, 1883.]

 

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 where bonds are required by this Act, the sureties must justify on oath before the Judge or Clerk of a court having a seal, or before a Notary Public, or before a Justice of the Peace of the county, to the effect that they are householders or freeholders within this State, and worth the amount for which they become surety, over and above all just debts and liabilities, exclusive of property exempt from execution, and such justification must be signed by the sureties and certified by the officer taking the same attached to and filed with the bond. Where the whole penal sum of such bond exceeds two thousand dollars, sureties may go thereon for any sum not less than five hundred dollars, so that the whole be equal to two sufficient sureties for the whole penal sum.

 

 

 

 

 

 

 

 

 

 

Sureties to justify, before whom.

 

Amount.

 

________

 

CHAPTER 46

Chap. XLVI.–An Act to amend an Act entitled “An Act providing for the government of the towns and cities of this State,” approved February 26, 1881.

 

[Approved February 26, 1883.]

 

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:

 

 


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κ1883 Statutes of Nevada, Page 52 (CHAPTER 46)κ

 

Taxes, fines, forfeitures, etc., to be paid to Treasurer.

 

 

Duties of Treasurer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Funded debt, payment of

 

 

 

 

Commissioners, duties.

      Section Three.  All taxes, fines, forfeiture or other moneys collected or received by any officer or person, under or by virtue of any of the provisions of this Act, shall be paid by the officer or person collecting or receiving the same to the County Treasurer of the county in which said taxes or moneys were collected or received, and said County Treasurer shall set the same apart as a fund to be used solely for the benefit of the town or city in which they were collected or received. He shall also enter the same upon his books to the credit of said town or city, and shall divide said fund into two equal portions, one to be designated as the General Fund and the other as a Redemption Fund; and he shall not pay any money out of said General Fund except upon warrants drawn upon him by the County Auditor of his county, nor pay any money out of said Redemption Fund except in the manner specified in this Act; and when all claims payable from said Redemption Fund shall have been satisfied, then said fund shall cease, and any money therein remaining shall be transferred to the General Fund. If at any time after creating a Redemption Fund there shall be more money in the General Fund than is necessary to meet current or anticipated expenses, said Board of Commissioners shall direct the Treasurer to transfer such surplus to the Redemption Fund, and the same shall thereafter be used as other moneys belonging to that fund.

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

      Section Six.  In all cases where a town or city in any county of this State has been incorporated by an Act of the Legislature thereof, or of the late Territory of Nevada, or otherwise, or may be incorporated, and the same has been or may hereafter be disincorporated, and where at the time of such disincorporation there exists any funded debt or outstanding bonds, the Board of County Commissioners shall provide for the payment of the principal and interest of the same substantially in time, manner and form as provided by law or ordinance existant touching the same at the time of disincorporation. If there be no such law or ordinance, all such claims shall be paid out of the Redemption Fund of said town or city, as hereinafter provided for the payment of other indebtedness. The Board of County Commissioners of such county shall take possession of all the books, papers, documents, money, credits, claims, demands, and other property of said town or city, and collect, hold or dispose of the same for the use and benefit of the inhabitants thereof; and in case said town or city shall have been at the time of disincorporation involved in debt other than as above specified, said Board of Commissioners shall ascertain the amount thereof and cause evidence of indebtedness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of said indebtedness, which said evidences of indebtedness shall be in the following form, to-wit:

 


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κ1883 Statutes of Nevada, Page 53 (CHAPTER 46)κ

 

edness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of said indebtedness, which said evidences of indebtedness shall be in the following form, to-wit:

 

      “No.____. 18___. $_____. This is to certify that the [designating the town or city by its name] is indebted to __________________ in the sum of ______ dollars principal and ______ dollars interest, payable out of the Redemption Fund of said ____________; said principal sum of ______ dollars to bear interest from this date at the legal rate per annum, principal, interest and accruing interest payable in gold coin of the United States. ___________________, Chairman of the Board of County Commissioners of ____________ county, Nevada. ________________, Clerk of ______________ county, Nevada.”

 

      All blanks to be appropriately filled; but no such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip or other instrument, unless the same be filed with the Clerk of the Board of County Commissioners within three months after the disincorporation of said town or city; and simultaneously upon issuance the account, claim, demand on which the same is issued shall be receipted, and the bond, warrant, scrip or other instrument shall be canceled. The County Treasurer shall only use the money of said Redemption Fund for the payment of the pre-existing bonds or funded debt not otherwise provided for, as hereinbefore mentioned, and such evidences as shall be issued as last hereinbefore mentioned, and the interest thereon as in this Act provided.

 

 

 

 

Form of evidence of indebtedness.

 

 

 

 

 

 

 

 

 

To be filed within certain time.

 

County Treasurer.

 

________

 

 


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κ1883 Statutes of Nevada, Page 54κ

CHAPTER 47

 

 

 

 

 

 

 

 

Net proceeds not taxed a second time.

Chap. XLVII.–An Act supplemental to an Act providing for the taxation of the net proceeds of mines, approved February 28, 1871.

 

[Became a law February 27, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The net proceeds of mines shall not a second time be assessed for taxation so long as such proceeds remain in the possession of the person, firm or corporation producing the same, and in the form of crude bullion, or bars or pigs of copper or lead.

____

 

      Received and filed in office of Secretary of State, this twenty-seventh day of February, A. D. 1883, and in consequence of having been in the Governor’s hands five days without his signature, becomes a law this day.

JOHN M. DORMER, Secretary of State.

             By J. H. Marshall, Deputy.

 

 

________

 

CHAPTER 48

 

 

 

 

 

 

 

 

 

Justices of Peace, fees.

Chap. XLVIII.–An Act to regulate the fees and compensation of Justices of the Peace and Constables in townships having a certain number of voters at the general election of 1882.

 

[Approved February 27, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Justices of the Peace in any township of this State wherein the number of legal votes cast at the general election of 1882 equalled or exceeded the number of twelve hundred and fifty shall be allowed the following fees for their services: For filing each paper, ten cents; for issuing any writ or paper by which suit is commenced, fifty cents; for entering cause on docket, twenty-five cents; for subpena to each witness, ten cents; for issuing writ of attachment, or arrest, or order for the delivery of property, seventy-five cents; for entering any final judgment per folio, for the first folio, fifty cents; for each additional folio, twenty-five cents; for administering oath or affirmation, ten cents; certifying to the same, ten cents; for taking and approving any bond or undertaking required by law to be taken by him,

 


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κ1883 Statutes of Nevada, Page 55 (CHAPTER 48)κ

 

to be taken by him, fifty cents; for issuing a venire, fifty cents; for taking depositions per folio, fifteen cents; for issuing commissions to take testimony, fifty cents; for copy of any judgment, order, docket, proceeding or paper in his office, per folio, fifteen cents; for entering satisfaction of judgment, twenty-five cents; for issuing execution, fifty cents; for taking acknowledgments of deeds or other instruments, including certificates, for the first name, fifty cents; for each subsequent name, ten cents; for issuing supersedeas to an execution, fifty cents; for making up and transmitting transcript and papers on appeal, one dollar; for issuing search warrant, fifty cents; for celebrating marriage and returning certificate to the Recorder, five dollars; for issuing writ of execution, fifty cents; for all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of five dollars; for taking bail after commitment in criminal cases, to be collected of the defendant, fifty cents; for entering any cause without process, fifty cents; for entering judgment by confession, as in the District Court, one dollar; for each notice, rule, exception, order, default, dismissal, discontinuance or nonsuit, and for filing each paper required to be filed, ten cents.

      Sec. 2.  Constables in any township in this State wherein the number of legal votes cast at the general election of 1882 equalled or exceeded the number of twelve hundred and fifty shall be allowed the following fees for their services: For serving summons or other process by which suit is commenced, fifty cents; for summoning a jury before a Justice of the Peace, one dollar; for taking a bond or undertaking, fifty cents; for serving an attachment against the property of the defendant, seventy-five cents; for serving subpenas, to each witness, fifteen cents; for summoning and swearing a jury to try the rights of property and taking the verdict, one dollar; for receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the Justice who issued the execution, upon the affidavit of the Constable that such charges are correct and the expenses necessarily incurred; for a copy of every writ, process or other paper when demanded or required by law, per folio, fifteen cents; for drawing and executing every Constable’s deed, to be paid by the grantee, who shall also pay the acknowledgment thereof, two dollars; for each certificate of sale of real estate under execution, fifty cents; for collecting all sums on execution, to be charged against the defendant in execution, one per cent.; for levying an execution or executing an order of arrest in civil cases, or order for delivery of personal property,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constables, fees.

 


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κ1883 Statutes of Nevada, Page 56 (CHAPTER 48)κ

 

 

of personal property, with traveling fees as per summons, one dollar; for making and posting notices and advertising property for sale on execution, not to include the costs of publication in a newspaper, one dollar; for mileage in serving summons, attachment, execution, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only, thirty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction; for serving a writ of restitution or possession, putting any person in possession entitled thereto, one dollar; for service and travel in criminal cases, the same fees as are allowed Sheriffs for like services, but in no case shall there be a charge against the county exceeding in any one case the sum of six dollars.

 

________

 

CHAPTER 49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk of SupremeCourt

Chap. XLIX.–An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto.

 

[Approved February 27, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The several officers and persons 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 hereafter specified.

 

clerk of the supreme court.

 

      Sec. 2.  The fees of the Clerk of the Supreme Court shall be as follows: For entering any motion, rule or order, one dollar and twenty-five cents; for filing each transcript of a record from an inferior Court, three dollars; for entering judgment, for the first folio, one dollar and fifty cents; for each subsequent folio, seventy-five cents; for each certificate given at request and under seal, one dollar and fifty cents; for copy of recorded opinion of Court, or other papers, for each folio, twenty cents; for entering each cause on calendar and making copy for the bar, seventy-five cents; for every remittitur or mandate, for each folio, twenty cents; for searching records or files in his office, seventy-five cents for each term’s proceedings, but no charge shall be made to suitors or their attorneys;

 


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κ1883 Statutes of Nevada, Page 57 (CHAPTER 49)κ

 

but no charge shall be made to suitors or their attorneys; for filing each paper, thirty cents; for certificate of admission as attorney or counsellor, and sealing the same, ten dollars; for administering each oath or affirmation, thirty cents; for taking and writing any acknowledgment, seventy-five cents (including seal) for the first signature, and twenty-five cents for each additional signature; for recording opinions of the Court, twenty cents per folio; for issuing any process of Court, including seal, one dollar and fifty cents; for each certificate of declaration to become a citizen of the United States, and for making a record thereof, two dollars and fifty cents; for each certificate of citizenship, taking proofs in regard thereto and making record thereof, five dollars.

 

county clerk.

 

      Sec. 3.  The County Clerks of the several counties in this State shall be entitled to fees as follows: For entering each suit on the Clerk’s register of actions, and making the necessary entry therein during trial, seventy-five cents; for filing each paper, fifteen cents; for issuing summons, seventy-five cents; for entering every appearance, fifty cents; for entering return of every writ or process, fifty cents; for issuing subpena, for first witness, fifty cents, and for each additional witness, ten cents; for entering each cause on the calendar and making a copy thereof, for each term of the District Court, seventy-five cents; for entering every motion, exception, rule, order or default, thirty cents; for entering every discontinuance, dismissal or non-suit, thirty cents; for calling and swearing every jury, fifty cents; for administering every oath or affirmation, fifteen cents; for receiving and entering each verdict of a jury, fifty cents; for entering every final judgment, for the first folio, seventy-five cents, and for each subsequent folio, twenty-cents; for filing judgment roll, thirty cents; for docketing judgment, against each judgment debtor, thirty cents; for issuing execution, seventy-five cents; for entering satisfaction of judgment, for each debtor, thirty cents; for entering every notice of appeal, thirty cents; for copying any proceeding, record or paper, for each folio, twenty cents; for receiving and entering every remittitur from the Supreme Court, and accompanying papers, thirty cents; for every certificate, fifty cents; for issuing every commission to take testimony, seventy-five cents; for issuing every process under seal, other than subpenas, seventy-five cents; for every certificate under seal, fifty cents; for issuing letters testamentary, seventy-five cents; for writing and posting notices when required, for each copy, thirty cents; for recording all instruments,

 

 

 

 

 

 

 

 

 

 

 

 

County Clerk.

 


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κ1883 Statutes of Nevada, Page 58 (CHAPTER 49)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Recorder.

instruments, for each folio, twenty cents; for searching the file of each year in his office (but not to charge suitors or attorneys), thirty cents; for taking each bond and justification thereof required by law, fifty cents; for taking justification to bond, for each name, thirty cents; for taking acknowledgments of deeds or other instruments, including certificate and seal, for the first name, seventy-five cents, and for each subsequent name twenty-five cents; for issuing every decree or order of sale of mortgaged property, or writ of injunction, for the first folio, seventy-five cents, and for each subsequent folio, twenty cents; for entering each suit in the plaintiff’s and defendant’s index, twenty-five cents; for making out naturalization papers, including all necessary oaths, affirmations and certificates, for the first papers, two dollars and fifty cents; for making out naturalization papers, including all necessary oaths, affirmations and certificates, for the final papers, five dollars; for each day’s attendance on the Board of County Commissioners, four dollars; provided, the sum shall in no case exceed one hundred dollars per annum in the aggregate.

 

recorder.

 

      Sec. 4.  The following fees to the several County Recorders are hereby established: For receiving, filing and entering documents required to be recorded, fifteen cents; for filing and entering any paper not to be recorded, thirty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, thirty cents; for recording any instrument, paper or document, for each folio, twenty cents; for every certificate under seal, seventy-five cents; for every entry of discharge or assignment of mortgage on the margin of the records, twenty-five cents; for abstract of title, for each document embraced thereby, seventy-five cents; for searching records and files, for each document necessarily examined, twenty-five cents; for recording any survey or map other than town plat, for each corner, thirty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, fifty cents; for recording certificates of marriage, death, divorce or birth, fifty cents; for copying of any document or record in his office, for each folio, twenty cents; for taking acknowledgment, including certificate and seal, for the first signature, seventy-five cents; for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the Board of Equalization, for each, twenty-five cents.

 


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κ1883 Statutes of Nevada, Page 59 (CHAPTER 49)κ

 

map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the Board of Equalization, for each, twenty-five cents.

 

sheriffs.

 

      Sec. 5.  The fees allowed to Sheriffs in the several counties of this State shall be as follows: For serving a summons or complaint or any other process, by which an action or proceeding is commenced, on every defendant, one dollar and fifty cents; for traveling in making such services, per mile, in going only, to be computed in all cases from the court-house of the county, forty cents per mile; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the court-house, one mileage only shall be charged; for taking bond or undertaking in any case in which he is authorized to take the same, one dollar; for copy of any writ, process or other paper, when demanded or required by law, for each folio, twenty-five cents; for serving every notice, rule or order, fifty cents; for serving a subpena, for each witness summoned, twenty-five cents; for traveling, per mile, in serving such subpena or venire, in going only, forty cents per mile; but when two or more witnesses or jurors live in the same direction traveling fees shall be charged only for the most distant; for serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, two dollars, with traveling fees as in cases of summons; for serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon, created by law, four dollars; for making and posting notices and advertising for sale on execution or order any judgment or order of sale, not to include the cost of publication in a newspaper, one dollar and fifty cents; for commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first five hundred dollars, three per cent.; not exceeding one thousand dollars, but over five hundred dollars, one and one-half per cent.; and on all sums over fifteen hundred dollars, three-fourths of one per cent.; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of one per cent. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on execution, shall be collected from the defendant by virtue of such execution, in the same manner as the same may therein be directed to be made.

 

 

 

 

 

 

Sheriffs.

 


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κ1883 Statutes of Nevada, Page 60 (CHAPTER 49)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Coroners.

For drawing and executing every Sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, three dollars; for serving a writ of possession or restitution, putting any person into possession entitled thereto, three dollars; for traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, forty cents per mile; for attending when required on any Court of Record, in person or by deputy, for each day, to be paid out of the County Treasury, four dollars; for bringing up a prisoner on habeas corpus to testify or answer to any court, or for examination as to the cause of his arrest or detention, or to give bail, one dollar and fifty cents. He shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest or trial of right of property when required, to include all services except mileage, seven dollars and fifty cents; for attending on the Supreme Court, either in person or by deputy, to be paid out of the State Treasury as other claims, for each day, six dollars; for every arrest in a criminal proceeding, two dollars; for serving each subpena in criminal cases, forty cents; for executing every sentence of death, fifty dollars; for summoning a Grand Jury of twenty-four persons, ten dollars; for summoning each trial juror, thirty cents; for service of any process in criminal cases, the same mileage as in civil cases. In serving subpenas or venire in criminal cases, he shall receive mileage for the most distant only, when witnesses and jurors live in the same direction. For all services in Justice Courts, the same fees as are allowed to Constables.

 

coroners.

 

      Sec. 6.  The fees of Coroners shall be as follows: For all services in summoning a jury of inquest, three dollars; for swearing a jury, fifty cents; for issuing warrant of arrest, seventy-five cents; for issuing subpena to each witness, twenty cents; for each mile necessarily traveled in going to the presence of the dead body, twenty-five cents; for swearing each witness, twenty cents; for taking down testimony, per folio, twenty cents; for each day necessarily employed in holding an inquest, five dollars. All of said fees shall be paid out of said Treasury, as other demands. For all services rendered by him while acting as Sheriff, the same fees as are allowed to Sheriffs for similar services.

 


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constables.

 

      Sec. 7.  The following fees shall be allowed to Constables: For serving summons or other process by which suit is commenced, in civil cases, seventy-five cents; for summoning a jury before a Justice of the Peace, one dollar and fifty cents; for taking a bond or undertaking, seventy-five cents; for serving an attachment against the property of a defendant, one dollar and fifty cents; for serving subpenas, for each witness, twenty cents; for summoning and swearing a jury to try the rights of property, and taking the verdict, one dollar and fifty cents; for receiving and taking care of property on attachment, execution or order, his actual necessary expenses, to be allowed by the Justice who issued the execution, upon the affidavit of the Constable that such charges are correct, and the expense necessarily incurred; for a copy of any writ, process or other paper when demanded or required by law, per folio, twenty cents; for drawing and executing every Constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof, three dollars; for each certificate of sale of real estate under execution, seventy-five cents; for collecting all sums on execution, to be charged against the defendant in execution, one and one-half per cent.; for levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property, with traveling fees, as for summons, one dollar and fifty cents; for making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper, one dollar and fifty cents; for mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only, forty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction; for service and travel in criminal cases, the same fees as are allowed Sheriffs for similar services.

 

witnesses.

 

      Sec. 8.  Witnesses required to attend in any of the courts of this State shall be entitled to the following fees: For attending in any civil suit or proceeding before any Court of Record, Referee, Commissioner or Justice of the Peace, two dollars; for traveling to the place of trial, thirty cents per mile for each mile necessarily and actually traveled; provided, that no person shall be obliged to testify in a civil action unless his fees and mileage have been tendered him,

 

 

Constables,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Witnesses

 


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κ1883 Statutes of Nevada, Page 62 (CHAPTER 49)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jurors.

 

 

 

 

 

 

 

 

 

 

 

 

County Auditors.

action unless his fees and mileage have been tendered him, or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action unless his fees have been tendered him if he shall demand the same, for mileage and one day’s attendance; for each subsequent day’s attendance the witness is entitled to demand in advance his fees from the party in whose favor he has been subpenaed, and in case of refusal is exonerated from further attendance. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof, by affidavit, that the disbursements have actually been made. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees for attendance as a witness in his own behalf. This provision shall be held to apply to courts of Justices of the Peace, as well as to all other courts and judicial proceedings. For criminal cases no witness fees shall be allowed.

 

jurors.

 

      Sec. 9.  Fees shall be allowed to jurors as follows: For each day, to be paid in civil cases by the party in whose favor the verdict is rendered, but to be recoverable as costs from the losing party, three dollars, excepting in Justices Courts, when the fee shall be two dollars. In every trial in a civil action before any court, if the jury be from any cause discharged without finding a verdict, the fees of such jury shall be paid by the plaintiff, but may be recovered back as costs, if he afterwards obtain judgment. Until they are paid no further proceedings shall be had in the action. No person shall receive any fees for serving as a juror on a Coroner’s inquest. No fees shall be allowed to grand or trial jurors in criminal cases; provided, that the same mileage for the same travel shall be allowed to jurors as is allowed to witnesses in this Act.

 

county auditors.

 

      Sec. 10.  The fees of County Auditors shall be as follows: For filing Treasurer’s receipts and issuing licenses to be paid by the party, twenty-five cents; the County Auditor shall receive for all services rendered by him in the discharge of the duties imposed on him by law, other than those especially enumerated, for each folio, twenty cents; for filing and indorsing each paper, twenty cents, except the property schedules, for which he shall receive no fees.

 


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κ1883 Statutes of Nevada, Page 63 (CHAPTER 49)κ

 

judges and clerks of election.

 

      Sec. 11.  The fees of Judges and Clerks of Election shall be as follows: For each day’s attendance at any general or special election the Judges, Inspectors and Clerks of such election shall receive five dollars each; eight hours labor devoted to receiving or counting the votes cast, and making up the returns of such election, shall be counted as a day and paid for accordingly, the same to be audited and paid out of the county treasury, as other charges against the county.

 

carrying poll books to clerk’s office.

 

      Sec. 12.  There shall be allowed out of the county treasury of each county to the several persons carrying the poll books from the place of election to the Clerk’s office, and to the Clerk of the Board of County Commissioners for attending at another county to canvass votes, the sum of twenty cents per mile for going and returning, to be paid out of the county treasury.

 

justices of the peace.

 

      Sec. 13.  Justices of the Peace shall be allowed the following fees for their services: For filing each paper, fifteen cents; for issuing any writ or paper by which suit is commenced, seventy-five cents; for entering cause in docket, thirty cents; for subpena, to each witness, fifteen cents; for administering oath or affirmation, fifteen cents; certifying to the same, fifteen cents; for issuing writ of attachment, or order of arrest or order for delivering of property, one dollar and fifty cents; for entering any final judgment, per folio, for the first folio, seventy-five cents; for each additional folio thirty cents; for taking and approving any bond or undertaking required by law to be taken or approved by him, seventy-five cents; for issuing a venire, seventy-five cents; for taking depositions, per folio, twenty cents; for issuing commissions to take testimony, seventy-five cents; for copy of any judgment, order, docket, proceeding or paper in his office, per folio, twenty cents; for entering satisfaction of judgment, thirty cents; for issuing execution, seventy-five cents; for taking acknowledgments of deeds or other instruments, including certificates, for the first name, seventy-five cents; for each subsequent name, twenty-five cents; for issuing supersedeas to an execution, seventy-five cents; for making up and transmitting transcript and papers on appeal, one dollar and fifty cents; for issuing search warrant, seventy-five cents; for celebrating marriage and returning certificate to Recorder,

 

 

Judges and clerks of elections.

 

 

 

 

 

 

 

Carrying poll books to Clerk’s office.

 

 

 

 

 

 

Justices of the Peace.

 


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κ1883 Statutes of Nevada, Page 64 (CHAPTER 49)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Surveyors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notaries Public.

brating marriage and returning certificate to Recorder, five dollars; for issuing writ of restitution, seventy-five cents; for all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of five dollars; for taking bail after commitment in criminal cases, to be collected from the defendant, seventy-five cents; for entering any cause without process, one dollar; for entering judgment by confession, as in District Court, three dollars; for each motion, exception, rule, order, default, dismissal, discontinuance or non-suit, and for filing each paper required to be filed, fifteen cents.

 

interpreters and translators.

 

      Sec. 14.  Interpreters and translators shall receive such fees as the court by whom they are employed shall certify to be just.

 

surveyors.

 

      Sec. 15.  County Surveyors shall be entitled to demand and receive the following fees: For each mile actually run with a compass and chain, five dollars; for each mile actually run with a compass alone, two dollars; for each lot laid out platted in a town or city or town site, two dollars; for each copy of a plat or town site, one dollar; for recording a survey, per folio, thirty cents; for calculating the quantity of each division made in a tract of land (town lots excepted), and for erecting a monument at the corner of any survey when required, two dollars; for traveling to the place of survey, for each mile, in going only, seventy-five cents, the distance to be computed from where his office is kept to the place of survey; and if such Surveyor shall be required and duly notified, verbally or otherwise, to make other surveys while in the field, he shall only be entitled to mileage from the place last surveyed by him; but if the distance shall be greater than the place last surveyed where his services are required, he shall only be entitled to mileage from the county seat of the county where he lives, and in no case shall constructive mileage be allowed; for ascertaining the location of every town lot in an old survey and measuring and marking the same, three dollars.

 

notaries public

 

      Sec. 16.  The fees of Notaries Public shall be as follows: For drawing and copying every protest for the non-payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft or check, one dollar and fifty cents;

 


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κ1883 Statutes of Nevada, Page 65 (CHAPTER 49)κ

 

fifty cents; for drawing and serving every notice of non-payment of a promissory note, of the non-payment or non-acceptance of a bill of exchange, order, draft or check, seventy-five cents; for drawing an affidavit, deposition or other paper for which provision is not herein made, for each folio, twenty cents; for taking an acknowledgment or proof of deed or other instrument, to include the seal and the writing of the certificate, for the first signature, seventy-five cents, and for each additional signature, twenty-five cents; for administering an oath or affirmation, twenty-five cents; for every certificate, to include writing the same and the seal, thirty cents.

      Sec. 17.  No other fees shall be charged than those specially set forth herein, nor shall fees be charged for any other services than those mentioned in this Act.

      Sec. 18.  It shall be the duty of each and every one of the officers hereinbefore mentioned to keep severally a book, to be called the fee book, in their respective offices, in which they shall enter all the fees charged by them, and said book shall be open to the inspection of any one desiring to inspect the same, in which shall be stated the fees charged for in detail with the title of the matter, proceeding or action on which they are charged.

      Sec. 19.  It shall be the duty of the County Clerks, County Recorders, County Surveyors, Sheriffs, Public administrators, Justices of the Peace and Constables, on the first Monday in July, in the year of our Lord, one thousand eight hundred and eighty-three, and every three months thereafter, to make out and file with the County Commissioners of their several counties a full and correct statement, under oath, of all fees, percentage or compensation, of whatever nature or kind, received in their said several official capacities during the preceding three months, in which statement they shall set forth the cause in which and the services for which such compensations were received; provided, that nothing in this Act shall be so construed as to require personal attendance in filing such statements; and such statements may be transmitted by mail, express or otherwise directed to the Clerk of said Board of County Commissioners.

      Sec. 20.  It shall be the duty of the District Judge to give this Act specially in charge to the Grand Jury.

      Sec. 21.  Any officer who shall violate any of the provisions of the seventeenth, eighteenth and nineteenth sections of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars.

      Sec. 22.  If any officer shall take more or greater fees than are herein allowed he shall be liable to indictment, and, on conviction, shall be removed from office, and fined in any sum not exceeding one thousand dollars.

 

 

 

 

 

 

 

 

 

No other fees to be charged.

Officers to keep books.

 

 

 

 

 

 

 

 

Monthly statement to be filed.

 

 

 

 

Statement may be transmitted by mail.

District Judge to charge Grand Jury.

 

Misdem’nor

 

Unlawful fees.

 


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κ1883 Statutes of Nevada, Page 66 (CHAPTER 49)κ

 

 

 

Officers to post table of fees, when.

 

 

 

 

Officer to demand cost of publication.

 

 

Fees payable in advance.

 

 

 

 

 

 

 

 

Commissioner of Deeds.

 

 

 

 

 

 

 

 

 

Official misconduct.

and, on conviction, shall be removed from office, and fined in any sum not exceeding one thousand dollars.

      Sec. 23.  Every officer whose fees are ascertained and fixed by this Act shall publish and set up in his office fair tables of his fees, according to this Act, within one month from its passage, in some conspicuous place for the inspection of all persons who have business in his office, upon pain of forfeiting for each day of his omission so to do a sum not exceeding twenty dollars, which may be recovered by any person by action before any Justice of the Peace of the same county, with costs.

      Sec. 24.  When by law any publication is required to be made by an officer of any suit, process, notice, order or other paper the cost of such publication shall, if demanded; be tendered by the party to whom such order, process, notice or other papers was granted before such officer shall be compelled to make publication thereof.

      Sec. 25.  All fees prescribed in this Act shall be payable in advance, if demanded; and if any officer shall not have received any or all of his fees, which may be due him for services rendered by him in any suit or proceedings, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the Judge or court upon affidavit filed.

 

commissioners of deeds.

 

 

      Sec. 26.  Commissioners of Deeds appointed by the Governors of any of the States of the United States of America, or of any of the Territories thereof, to reside in the State of Nevada, may receive for services rendered in this State the compensation hereinafter expressed, and none other, that is to say: For drawing an affidavit, deposition or other paper, for each folio, thirty cents; for administering an oath or affirmation, twenty-five cents; for putting his seal to such instruments, fifty cents; for taking acknowledgment, or proof of deed or other instrument, to include the seal and the writing of the certificate, for the first signature, one dollar, and for each additional signature, fifty cents.

      Sec. 27.  Each Commissioner of Deeds residing in this State, shall be subject to all the pains and penalties for official delinquency or extortions, as is provided in this Act for official misconduct.

 

court fees.

 

      Sec. 28.  At the time of the commencement of every civil action or other proceeding in the several District Courts of this State,

 


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κ1883 Statutes of Nevada, Page 67 (CHAPTER 49)κ

 

civil action or other proceeding in the several District Courts of this State, the plaintiff shall pay the Clerk of the court in which said action shall be commenced the sum of three dollars, in gold or silver coin, except as herein otherwise provided. At the commencement of any proceeding in any District Court for the purpose of procuring an appointment of administration upon the estate of any deceased person, the party instituting such proceedings shall pay the Clerk of said court the sum of one dollar and fifty cents in gold or silver coin.

 

      Sec. 29.  Whenever any appeal shall be taken in a civil action or proceeding from the judgment or decision of the Court of a Justice of the Peace, or other tribunal inferior to the District Court, the party appealing shall, before the return to said appeal shall be allowed to be filed in the appellate court, pay to the Clerk of such appellate court the sum of one dollar, in gold or silver coin; which said several fees above provided for shall be known as “court fees,” and no such action shall be deemed commenced, proceedings instituted, or appeal perfected until the said fees shall be paid as aforesaid.

 

      Sec. 30.  Whenever any appeal from the final judgment or any order of a District Court shall be taken to the Supreme Court, the party appealing shall, at or before the filing of the transcript on such appeal in the Supreme Court, pay the Clerk of the Supreme Court the sum of five dollars in gold or silver coin as and for a court fee; and the Clerk of the Supreme Court shall not file any such transcript in his office until such fee is paid.

 

      Sec. 31.  It shall be the duty of said Clerks, on the demand of any party asking it, to give a receipt to the party paying such fee for the same, specifying the title of the cause in which the same shall be paid and the date and amount of such payment; and it shall be the further duty of the several Clerks of the District Courts of this State, on the first Monday of each and every month, to pay over to the County Treasurer of the county all moneys received by them for such court fees, together with a brief note of the cases in which the same were received, which money shall be payable in the District Judge Salary Fund of the district embraced in the county where the same shall be received.

 

      Sec. 32.  The Clerk of the Supreme Court shall, on the first Monday in each month, pay to the State Treasurer all moneys received by him for court fees, rendering to said Treasurer a brief note of the cases in which the same were received. The money so received by the Treasurer shall be placed by him in the Supreme Judges’ Salary Fund, and the same shall be used for no other purpose.

Court fees, District Court.

 

 

 

 

 

 

 

Same, Justice’s Court.

 

 

 

 

 

 

 

 

Same. Supreme Court.

 

 

 

 

 

Clerks to give rec’pts and pay over money

 

 

 

 

 

 

 

 

Clerk of Supreme Court to pay over money.

 


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κ1883 Statutes of Nevada, Page 68 (CHAPTER 49)κ

 

 

 

 

 

 

Expenses of jurors.

 

 

 

Clerk to receive and disburse money.

 

 

 

 

Miscellaneous provisions.

Folio, how construed.

 

 

 

Mileage, only for most distant.

 

No witness fees allowed attorneys.

Officers not to charge fees for oath of office.

Mileage, where computed from.

 

 

Officers, when not to charge fees on returns.

 

 

 

Not to apply to legislative officers.

be placed by him in the Supreme Judges’ Salary Fund, and the same shall be used for no other purpose.

 

expenses of jurors.

 

      Sec. 33.  In all cases when a jury is kept together by order of the Court during a trial or by failure to agree upon a verdict, after the cause has been submitted to them by the Court, the expenses of their board and lodging shall be taxed as other disbursements and expenses in favor of the prevailing party; no verdict shall be entered or judgment rendered thereon until the same is paid or tendered. The Clerk shall receive and properly disburse all money paid for the expenses of jurors, as in this section provided to be paid.

 

miscellaneous provisions.

 

      Sec. 34.  The term folio when used as a measure for computing fees or compensation shall be construed to mean one hundred words, counting every figure necessarily used as a word. Any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there shall be an excess over the last folio exceeding a quarter of a folio, shall be computed as a folio. The filing of a paper shall be construed to include the certificate of the same.

      Sec. 35.  When any Sheriff, Constable or Coroner serves more than one process in the same cause, not requiring more than one journey from his office, he shall receive mileage only for the most distant service.

      Sec. 36.  No attorney or counsellor-at-law, in any case, shall be allowed any fees for attending as a witness in such case.

      Sec. 37.  No fees shall be charged by any officer for administering and certifying the oath of office.

      Sec. 38.  Mileage shall be computed from the courthouse of the county in all cases where mileage is chargeable by the Sheriff, and for other officers the same shall be for the actual distance traveled, and every fraction of a mile shall be computed as a mile.

      Sec. 39.  No Sheriff or other officers shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpena, writ of attachment, execution, order of sale or other paper; and any officer violating terms of this section shall be indicted, and upon conviction shall be fined in any sum not less than three hundred dollars, and shall upon conviction thereof be removed from office.

      Sec. 40.  This Act shall not extend to nor affect any law relating to the salaries or compensation of officers of the Senate or Assembly of the State of Nevada, nor to the salary of any State or county officer, or deputy thereof.

 


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Senate or Assembly of the State of Nevada, nor to the salary of any State or county officer, or deputy thereof.

      Sec. 41.  The provisions of this Act shall not apply to or affect the fees of the officers of any county in this State wherein the total vote at the last election did not exceed eight hundred, and the same shall apply to all future elections, and it is hereby provided that in such counties “An Act to regulate fees and compensation for official and other services in the State of Nevada,” approved March 9, 1865, and the Acts amendatory thereto, shall remain in full force and effect.

      Sec. 42.  This Act repeals all other Acts and parts of Acts now in force, relating to fees of officers which fees are collectible by said officers from the persons for whom said services are rendered.

      Sec. 43.  This Act shall take effect on the first Monday in January, 1885.

 

 

 

 

 

Counties applicable to.

 

________

 

CHAPTER 50

Chap. L.–An Act to fund the indebtedness of Esmeralda county, other than the present bonded debt thereof.

 

[Approved February 27, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  In order to fund the entire indebtedness of the county of Esmeralda for which warrants are now issued, or shall be issued prior to the ninth day of April, eighteen hundred and eighty-three, and place all of the financial transactions of said county on a cash basis, the Chairman of the Board of County Commissioners, the Auditor and the Treasurer of said county, and their respective successors in office, are hereby made and shall constitute a board of commissioners, to be known as and styled “The Funding Commissioners of Esmeralda county, Nevada,” to have and exercise the powers and perform the duties hereafter prescribed in this Act.

      Sec. 2.  Said Funding Commissioners shall cause to be prepared and ready for use on the ninth day of April, eighteen hundred and eighty-three, bonds equal to the entire then indebtedness of said county, other than such as is now evidenced by bonds and the coupons thereon, outstanding. Said bonds shall be of the denominations of one hundred, two hundred, three hundred, five hundred, and one thousand dollars each, and shall each purport, in substance, that said county of Esmeralda owes the holder thereof a sum of money in gold coin of the United States,

 

 

 

 

 

 

 

 

 

 

 

Board of Funding Commissioners, who.

 

How styled.

 

Duties of.

 

 

Bonds, denominations of.

 


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κ1883 Statutes of Nevada, Page 70 (CHAPTER 50)κ

 

Interest.

 

When payable.

 

 

Principal, one-half of, when payable.

 

Bonds, how signed.

 

 

 

Coupons, numbered and signed.

 

 

To be separated.

 

Register to be kept.

 

 

Only genuine unpaid warrants to be funded.

 

 

Who allow’d to fund.

 

 

Treasurer to advertise for surrender of warrants.

Warrants to be canceled.

money in gold coin of the United States, to be expressed therein, bearing interest at a rate not exceeding seven per centum per annum, from and after the ninth day of April, eighteen hundred and eighty-three, payable semi-annually on the ninth day of October and April of each year, the first half year’s interest to be paid October ninth, eighteen hundred and eighty-three, and all interest to be paid at the office of the Treasurer of said county. One-half of the principal of said bonds shall be due and payable on the ninth day of April, eighteen hundred and ninety, and the other half shall be due and payable on the ninth day of April, eighteen hundred and ninety-seven; and the whole thereof shall be paid at the office of the Treasurer of said county. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county, counter-signed by the Auditor and indorsed by the Treasurer, and shall be attested with the seal used by the Clerk of the Board of County Commissioners of said county. Said bonds shall have attached thereto coupons for the payment of the interest thereon semi-annually; and said coupons shall be numbered, and shall respectively express the amount of interest due and when payable, and shall be signed by the Chairman of the Board of County Commissioners and the Treasurer. When interest shall be paid, the coupon or coupons so retired shall be separated from the bond, delivered to and canceled by the Treasurer.

      Sec. 3.  Said Funding Commissioners shall keep a register of all bonds issued under this Act, and note therein the number, date, amount and maturity of each. The Auditor shall be custodian of said register.

      Sec. 4.  Said Funding Commissioners shall carefully examine all warrants presented for funding under this Act, and ascertain from the books of the Auditor and Treasurer whether they are genuine and unpaid before funding them; and none but genuine, unpaid warrants shall be so funded.

      Sec. 5.  Any person holding any genuine unpaid warrants of said county issued on or before the seventh day of April, eighteen hundred and eighty-three, shall be allowed to fund the same under this Act. As soon as bonds have been sold to the amount of ten thousand dollars or more the Treasurer shall advertise for four successive weeks in some newspaper published in said county for the surrender of the oldest outstanding warrants to that amount (giving number), and if within thirty days after the first publication of such notice said warrants are not surrendered interest thereon shall cease. The warrants so surrendered shall be canceled by the Treasurer, and held by him as vouchers until legally surrendered by him to the County Auditor.

      Sec. 6.  Whenever any coupons or bonds shall be paid under this Act, the Treasurer shall cancel the same according to law, and safely keep the same until delivered by him to the Auditor, as legally required.

 


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κ1883 Statutes of Nevada, Page 71 (CHAPTER 50)κ

 

under this Act, the Treasurer shall cancel the same according to law, and safely keep the same until delivered by him to the Auditor, as legally required.

      Sec. 7.  In order to meet the semi-annual interest on said bonds, there shall be levied and collected in said county of Esmeralda, for the year eighteen hundred and eighty-three and each year thereafter, and including eighteen hundred and eighty-nine, a special tax of not exceeding twenty cents on each hundred dollars of taxable property in said county, and the money raised from such tax shall be place in a fund to be called the “Interest and Sinking Fund” of said county, and shall, so far as necessary, be applied to the payment of the interest on said bonds, semi-annually, at the times herein stated. The overplus, if any, shall annually be placed in the General Fund of said county, to be replaced in said Interest and Sinking Fund when needed to pay any principal, when due, of said bonds. After the year eighteen hundred and eighty-nine said special tax to pay interest on said bonds shall not exceed ten cents on each hundred dollars of taxable property in said county. For the years eighteen hundred and eighty-seven, eighteen hundred and eighty-eight and eighteen hundred and eighty-nine there shall be levied and collected in said county, to pay the one-half of the principal of said bonds, to become due April ninth, eighteen hundred and ninety, a special tax (in addition to the said special tax to pay interest on said bonds) of not exceeding forty cents on each hundred dollars of taxable property in said county; and if the money so raised annually shall not be applied as hereinafter provided, it shall be placed in the General Fund of said county until April ninth, eighteen hundred and ninety, when it shall be replaced in said Interest and Sinking Fund and applied to the payment of the one-half of the principal of said bonds then to be due; and if the amount then so raised and in said Interest and Sinking Fund shall be insufficient to pay one-half of the principal of said bonds when due, on the ninth day of April, eighteen hundred and ninety, then the sum lacking shall be made up out of the General Fund of said county.

      Sec. 8.  For the years eighteen hundred and ninety-four, eighteen hundred and ninety-five and eighteen hundred and ninety-six there shall be levied and collected in said county (in addition to the special tax to pay interest on said bonds) a special tax of not exceeding twenty cents on each hundred dollars of taxable property in said county, and the money arising therefrom shall be applied to the payment of the half of the principal of said bonds to become due on the ninth day of April, eighteen hundred and ninety-seven. If not applied annually, as hereinafter specified, the same shall be placed in the General Fund until April ninth,

Coupons to be canceled.

 

Special tax for semi-annual interest.

 

 

 

Where placed

 

Overplus.

 

 

 

 

 

Special tax to pay one-half of principal.

 

 

 

 

 

If amount insufficient, how made up.

 

 

 

 

Special tax to pay principal of bonds becoming due April 9, 1897.

 


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κ1883 Statutes of Nevada, Page 72 (CHAPTER 50)κ

 

General Fund of county.

 

 

Interest and Sinking Fund.

 

When County Treasurer to advertise, time and newspapers.

 

 

 

 

 

 

 

Taxes, where deposited, time and manner of levying and collecting.

 

 

Bonds exchanged for outstanding warrants.

 

 

 

 

 

Money, where placed after April 7, 1883.

be placed in the General Fund until April ninth, eighteen hundred and ninety-seven, then replaced in said Interest and Sinking Fund, and applied, so far as needed, to pay said bonds, and the remainder, if any, placed in said General Fund, there to remain for the purposes of said fund. If said Interest and Sinking Fund shall not have sufficient money therein on the ninth day of April, eighteen hundred and ninety-seven, to pay all of said bonds then unpaid, the deficiency shall be taken out of the General Fund.

      Sec. 9.  When at any time there shall be in said Interest and Sinking Fund the sum of five hundred dollars, or more, not certainly needed to pay interest for the then current year, the County Treasurer shall advertise for the surrender of bonds issued under this Act, for thirty days, in a newspaper published in San Francisco, California, and in one in this State; stating the amount of bonds he can redeem, and when the time will expire for their presentation, and if under such notice bonds be offered he shall accept the lowest offer, but none for any sum in excess of principal and interest then accrued. If no offer be made under such notice, he shall then place the funds so advertised in the General Fund of the county, there to remain until replaced in the said Interest and Sinking Fund in the manner in this Act provided.

      Sec. 10.  All taxes required by this Act to be levied, assessed, collected and desposited in the County Treasury of said county of Esmeralda shall be levied, assessed, collected and deposited in said County Treasury at the same time and in the same manner and by the same officers as other county taxes are levied, assessed, collected and deposited in said Treasury.

      Sec. 11.  As soon as said bonds are ready to be issued they shall be given in exchange at their par value for the then outstanding warrants of said county, if such warrants can be so exchanged for at not exceeding the amount then due thereon, both principal and interest; but in the event such exchange cannot be made, said bonds shall be sold at not less than par, and the proceeds placed in the General Fund of said county and applied to the payment of said outstanding warrants, at their face value, with interest thereon.

      Sec. 12.  All moneys paid into the County Treasury of said county, for county purposes, after the seventh day of April, eighteen hundred and eighty-three, except for sale of bonds under this Act, or for collection of taxes in this Act provided for, shall be placed, so far as now required by law, in the Act entitled “An Act to authorize the County Commissioners of Esmeralda county to issue certain bonds, and to provide for the payment of the same,” which became an effective law on the fourteenth day of March,

 


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κ1883 Statutes of Nevada, Page 73 (CHAPTER 50)κ

 

an effective law on the fourteenth day of March, eighteen hundred and seventy-seven, and the Act amendatory thereof, approved January thirty-first, eighteen hundred and seventy-nine, in the fund of said county created by said Acts, so far as necessary to meet the requirements of said Acts; and the remainder shall be placed in the General Fund of said county, and be applied to the payment of warrants of said county, regularly drawn on the Treasurer after the seventh day of April, eighteen hundred and eighty-three, and to no other purpose, unless necessary to meet the principal or interest, or both, of the bonds issued under this Act as the same becomes due and payable.

      Sec. 13.  There shall not be anything allowed or paid to any officer of said county for his official services under and carrying out the provisions of this Act, but all necessary expenses incurred in so doing shall be paid by said county.

      Sec. 14.  All warrants of said county issued after the seventh day of April, eighteen hundred and eighty-three, shall be paid in the order of their issuance, and shall bear interest at the rate of seven per cent. per annum.

      Sec. 15.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds issued under and by virtue hereof shall have been paid in full, both principal and interest.

 

 

 

 

 

 

 

 

 

Necessary expenses only of county officers to be paid.

Certain warrants to bear seven per cent. interest.

 

________

 

CHAPTER 51

Chap. LI.–An Act fixing the salaries of county officers in certain counties of this State, and other matters relating thereto.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the first Monday in January, A. D. eighteen hundred and eighty-five, the following named officers of the several counties in this State hereinafter mentioned, shall receive the following annual salaries, to be paid in twelve equal payments on the second Monday of each month, which shall be in full for all services and all ex-officio services required of them.

      Sec. 2.  The Sheriff of [of] Esmeralda county shall receive three thousand dollars per annum, and twelve hundred dollars per annum for all deputies appointed by him. The County Clerk shall receive fifteen hundred dollars per annum. The County Treasurer shall receive one thousand dollars per annum.

 

 

 

 

 

 

 

 

 

 

 

 

 

Applies to Esmeralda county.

 


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κ1883 Statutes of Nevada, Page 74 (CHAPTER 51)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

Applies to Washoe county.

 

 

 

 

 

 

 

 

 

Officers to pay over fees first Monday of each month.

 

 

 

Officers to file monthly statement with Treasurer and County Commissioners.

dollars per annum. The District Attorney shall receive fifteen hundred dollars per annum. The Recorder and Auditor shall receive two thousand dollars per annum. The Assessor shall receive two thousand dollars per annum. The Superintendent of Schools shall receive two hundred and fifty dollars per annum. The County Commissioners shall each receive four hundred dollars per annum, and twenty-five cents per mile in going to and returning from the place of meeting. The County Clerk and Recorder shall each be allowed a deputy during the terms of the District Court of said county only at a compensation not to exceed one hundred dollars per month. If the Commissioners of said county shall direct the Sheriff to appoint local deputies to reside at places other than the county seat, they shall allow payment for the services thereof not to exceed thirty dollars per month; provided, that the provisions of this section shall be in force from and after the passage of this Act.

      Sec. 3.  The Sheriff of Washoe county shall receive thirty-six hundred dollars per annum as the total compensation of said Sheriff, Deputy Sheriffs and Jailor; provided, the Sheriff shall be paid his actual necessary expenses incurred in traveling in civil and criminal cases, to be allowed and paid as other claims against the county are allowed and paid. The County Clerk shall be ex-officio Superintendent of Schools and shall receive twenty-four hundred dollars per annum as the total compensation of himself and deputies. The Recorder and Auditor shall receive eighteen hundred dollars per annum. The Treasurer shall be ex-officio Assessor and shall receive one thousand dollars per annum as Treasurer and one thousand dollars per annum as ex-officio Assessor. The District Attorney shall receive fifteen hundred dollars per annum. The Commissioners shall each receive six hundred dollars per annum.

      Sec. 4.  The several officers named in this Act shall, from and after the first 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. 5.  The several officers named in this Act shall, at the expiration of every month, 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 month; 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 was received,

 


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κ1883 Statutes of Nevada, Page 75 (CHAPTER 51)κ

 

sations was received, and it shall be the duty of each of said officers to keep a book in which shall be entered, by items of every kind or description 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 County Commissioners and every citizen at all times.

      Sec. 6.  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. 7.  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. 8.  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. 9.  The State of Nevada shall allow the several counties herein named, 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 Auditor’s 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.

Officers to enter character of services in a book for that purpose.

 

 

Neglect or refusal, fine, forfeiture of office, imprisonment in State Prison.

 

 

 

 

 

Fees to be paid before performing service.

Proviso.

 

 

Fees and emoluments when and to whom paid.

Warrants, fund drawn upon.

Surplus and deficiency.

 

 

 

Auditor, Assessor and Treasurer’s allowances, State’s proportion of.

 

 

 

Allowances, when made.

 


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κ1883 Statutes of Nevada, Page 76 (CHAPTER 51)κ

 

 

 

Counties applicable to.

settlement provided by law, upon vouchers furnished the County Treasurer by the Board of Commissioners of his county.

      Sec. 10.  This Act shall apply to all counties in this State in which there were cast more than eleven hundred and fifty votes, and less than thirteen hundred and fifty votes, at the general election held in eighteen hundred and eighty-two in this State.

 

________

 

CHAPTER 52

 

 

 

 

 

 

 

 

 

Commissioners to issue bonds.

 

Amount of.

Bridge, where constructed.

Material.

 

 

Bond, prepared and how signed.

Coupons.

 

 

 

Sale of bonds.

 

 

 

Denomination of.

Chap. LII.–An Act to authorize the County Commissioners of Washoe county to issue bonds for the construction of a bridge across the Truckee river near Verdi, in said county, and to provide for the same.

 

[Approved March 1, 1883.]

 

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 hereby authorized and empowered, when in their judgment 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, not to exceed in amount three thousand dollars, for the purpose of constructing a bridge across the Truckee river near Verdi, and at the most feasible point between Roberts’ ranch and the bridge of the C. P. R. R. Co., in said county, and for the excavation and grading of the approaches thereto. Said bridge shall be constructed of wood or iron, or both, as said Commissioners may determine, and shall be of sufficient width for wagons to pass.

      Sec. 2.  The Commissioners shall cause said bonds to be prepared, to be signed by the Chairman of the Board, 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 said bonds, the proceeds of which shall be placed in the County Treasury to the credit of a fund to be known as the Verdi 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. The interest shall not exceed eight per cent.

 


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κ1883 Statutes of Nevada, Page 77 (CHAPTER 52)κ

 

eight per cent. per annum, payable semi-annually; and in no case shall any of said bonds issued by virtue of this Act, run a longer term than ten 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, after it shall have negotiated the sale of said bonds, is hereby authorized, directed and empowered to levy and collect annually a tax not exceeding 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 Verdi 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. At the expiration of the sixty days aforesaid, all interest on said bonds shall cease.

      Sec. 7.  Should said bonds not be issued within two years after the passage of this Act, then said Act shall be null and void.

Interest, when payable.

 

Maturity of bonds, etc.

 

 

 

 

Tax, to be levied annually.

 

 

Proceeds.

 

Notice of amount of money for redeeming bonds to be published.

Interest, when to cease.

 

________

 

CHAPTER 53

Chap. LIII.–An Act authorizing the payment of G. W. James for teaching school in Lander county.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The County Superintendent of Public Schools of Lander county, Nevada, is hereby authorized and directed to draw his warrant within one month after the passage of this Act on the County Treasurer of said county for the sum of two hundred and forty dollars, in favor of Geo. W. James for services rendered in the year 1881 in teaching school at Battle Mountain, in said county.

 

 

 

 

 

 

 

 

Superintendent to draw warrant in favor of G. W. James.

 


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κ1883 Statutes of Nevada, Page 78 (CHAPTER 53)κ

 

Treasurer to pay same.

 

      Sec. 2.  The County Treasurer of said county is hereby authorized and directed to pay the same out of the General Fund of said county of Lander.

 

________

 

CHAPTER 54

 

 

 

 

 

 

 

 

 

Repeals, Salary Act.

 

 

 

Counties exempt.

 

To take effect.

Chap. LIV.–An Act to repeal an Act entitled “An Act fixing the salaries of the various county officers of this State, and other matters relating thereto,” approved March 11, 1879.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain Act entitled “An Act fixing the salaries of the various county officers of this State, and other matters relating thereto,” approved March eleventh, eighteen hundred and seventy-nine, and all other Acts amendatory thereof and supplementary thereto, are hereby repealed.

      Sec. 2.  Nothing contained in this Act shall be of effect in any county having at the time of the approval of this Act a duly chartered city government.

      Sec. 3.  This Act shall take effect and be in force from and after the first Monday in January, A. D. eighteen hundred and eighty-five.

 

________

 

CHAPTER 55

 

 

 

 

 

 

 

Volumes, size of.

 

 

Clerk to prepare decisions, giving title, etc.

Chap. LV.–An Act to provide for the publication and distribution of Nevada Reports.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The decisions of the Supreme Court of the State of Nevada shall be published in volumes of the size, as nearly as may be, of the volume heretofore published, and containing not less than five hundred pages.

      Sec. 2.  The Clerk of the Supreme Court shall prepare such decisions for publication by giving the title of each case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided (when the same are not sufficiently stated in the opinion), the names of the counsel and a reference to such authorities as are cited and have a special bearing on the case, and it shall be the further duty of said Clerk to prepare a full and comprehensive index to each volume of said decisions.

 


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κ1883 Statutes of Nevada, Page 79 (CHAPTER 55)κ

 

counsel and a reference to such authorities as are cited and have a special bearing on the case, and it shall be the further duty of said Clerk to prepare a full and comprehensive index to each volume of said decisions. When said decisions are prepared in accordance with the foregoing instructions, the Clerk of the Supreme Court shall transfer them to the Superintendent of State Printing, who shall submit the proof thereof to the Supreme Court for correction and approval. After being duly corrected, the Superintendent of State Printing shall cause to be printed, in the Nevada State Printing Office, six hundred copies of said decisions and transfer the same to the Secretary of State, to be by him distributed as hereinafter provided.

      Sec. 3.  To provide against an insufficiency in the number of said reports, the Superintendent of State Printing shall cause to be printed three hundred extra copies of each form thereof, and store the same away, unbound, subject to the order of the Secretary of State.

      Sec. 4.  The title of each volume shall be “Nevada Reports,” which title, together with the name of the reporter and the number of the volume, shall be printed on the back of each book.

      Sec. 5.  Said Clerk of the Supreme Court shall receive for his compensation as reporter of said decisions the sum of six hundred dollars per year, payable out of the same fund and in the same manner that the salaries of the other State officers are paid; and he may, in his discretion, employ a competent attorney to assist him in the preparation of said decisions, who shall be allowed a reasonable compensation for his services, not to exceed the sum of seven hundred dollars for each volume.

      Sec. 6.  On the receipt of each volume of said report from the Superintendent of State Printing, the Secretary of State shall distribute them in the following manner: To each State and Territory, one copy; to each of the heads of departments at Washington, one copy; to the Library of Congress, two copies; to each of the Judges of the United States Circuit and District Courts in the States of Nevada, California and Oregon, one copy; to the Nevada State Library, two copies; to each State officer, Justice of Supreme Court, Clerk of the Supreme Court, District Judge, District Attorney, County Clerk and Justice of the Peace in this State, one copy; and to each public library and literary association within this State, one copy. He shall distribute to such literary and scientific institutions, publishers and authors as in his opinion may secure an interchange of works, which may properly be placed in the State Library. The remaining copies shall be held for sale at the price of two dollars per volume; provided, that a sufficient number be kept in the office of the Secretary of State for the use of the Legislature when in session.

 

 

When transferred to Superintendent State Printing.

Proof, sub-ted to.

 

Number copies to be printed.

 

Extra copies to be printed.

 

Title, number of volume, name of reporter.

Compensation to Clerk.

 

 

May employ attorney to assist.

 

 

Secretary of State to distribute, where and to whom.

 

 

 

 

Other distributions.

 

 

Price per volume.

 


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κ1883 Statutes of Nevada, Page 80 (CHAPTER 55)κ

 

 

 

Reports turned over to successors in office.

sufficient number be kept in the office of the Secretary of State for the use of the Legislature when in session.

      Sec. 7.  All reports distributed to State, district and other officers in this State, shall be for the use of the officer, and shall be by the person receiving the same turned over to his successor in office, and the Secretary of State shall take proper receipts for the same.

      Sec. 8.  All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

 

________

 

CHAPTER 56

 

 

 

 

 

 

 

Altering bills presented to the Legislature.

 

Felony,fine, imprisonment.

 

 

 

Altering enrolled bills.

 

 

 

Felony.

 

Bribing legislators.

 

 

Felony.

Punishm’nt

Chap. LVI.–An Act to prevent fraud and enforce official duty in certain cases.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person who fraudulently alters the drafts of any bill or resolution which has been presented to either of the Houses composing the Legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either House in language different from that intended by such House, is guilty of felony, and upon conviction thereof shall be fined in a sum not less than five hundred dollars nor more than two thousand dollars, or confined in the State Prison for a period not less than one year nor more than five years, or both such fine and imprisonment, at the discretion of the court.

      Sec. 2.  Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature of this State, with intent to procure it to be approved by the Governor, or certified by the Secretary of State, or printed or published by the printer of the statutes in [in] language different from that in which it was passed or adopted by the Legislature, is guilty of felony, and upon conviction thereof shall be punished as provided in Section one of this Act.

      Sec. 3.  Every person who obtains or seeks to obtain money or other thing of value from another person upon a pretense, claim or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative action, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Prison for a period of not less than two nor more than ten years. Upon the trial for violations of this section no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged on the grounds that such testimony may criminate himself,

 


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κ1883 Statutes of Nevada, Page 81 (CHAPTER 56)κ

 

trial for violations of this section no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged on the grounds that such testimony may criminate himself, but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony.

      Sec. 4.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Who shall not be excused from testifying.

 

________

 

CHAPTER 57

Chap. LVII.–An Act to provide for the taxation of mines that produce a ton or less of ore or mineral-bearing material per day, and to encourage the prospecting of undeveloped mines.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All mining claims producing not more than a ton of ore or mineral-bearing material, containing gold, silver, copper, nickel, bismuth, antimony or other valuable metal, per day, shall be assessed and taxed for State and county purposes in the following manner: From the gross yield or value of all ores or mineral-bearing material, of whatever character, there shall be deducted the actual cost of extracting said ore or mineral from the mine, the actual cost of assorting and transportation to the place of reduction or sale, the actual cost of reduction or sale, and the remainder shall be deemed the net proceeds, and shall be assessed and taxed as provided in this Act.

      Sec. 2.  All bullion produced from any mine that extracts not more than one ton of ore or mineral-bearing material per day shall be assessed and taxed at its full market value, after deducting the actual cost of mining, assorting, hauling and reducing the same.

      Sec. 3.  The ores or mineral-bearing material, of whatever character, and the bullion produced from such mines named herein, shall be assessed and taxed quarterly; provided, however, that the actual cost of extracting said ore or mineral from the mine, the actual cost of assorting and transportation to the place of reduction or sale, and the actual cost of reduction or sale for the four consecutive quarters preceding the quarter in which said ore or mineral-bearing material is produced, shall be deducted from the amount to be taxed.

 

 

 

 

 

 

 

 

 

Mines, taxation of.

 

 

Deductions.

 

 

Net proceeds.

 

Bullion, not more than one ton per day.

 

 

Quarterly taxation, etc.

 

Deductions, when.

 


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κ1883 Statutes of Nevada, Page 82 (CHAPTER 57)κ

 

Repeal.

      Sec. 4.  An Act providing for the taxation of mines that produce one ton or less per day of ore or mineral-bearing material, and to encourage the prospecting of undeveloped mines, is hereby repealed; and also all Acts and parts of Acts, in so far only as they conflict with the provisions of this Act, are hereby repealed.

 

________

 

CHAPTER 58

 

 

 

 

 

 

 

 

 

 

 

Fee for commission, oath and bond.

 

How approved.

Chap. LVIII.–An Act to amend an Act entitled “An Act to provide for the appointment of Notaries Public and defining their duties,” approved February 9, 1864.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Two.  Each Notary Public, before he enters upon the duties of his office, and at the time he receives his commission, shall pay to the Secretary of State the sum of ten dollars for the State Library Fund, and shall take the official oath as prescribed by law, which oath shall be endorsed on his commission, and shall enter into a bond to the State of Nevada in the sum of two thousand dollars, to be approved by the District Judge of the county for which said Notary Public may be appointed.

 

________

 

CHAPTER 59

 

 

 

 

 

 

 

 

 

 

Floating indebtedness of Lincoln county.

Chap. LIX.–An Act to amend “An Act to provide for the payment of the floating indebtedness of Lincoln county, Nevada,” approved March 4, 1875.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Five.  When any bids are accepted the County Auditor and County Treasurer shall each take a description of the certificate of indebtedness to be redeemed, specifying the amount to be paid for each certificate, the date, number,

 


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κ1883 Statutes of Nevada, Page 83 (CHAPTER 59)κ

 

number, and the amount thereof, and make a record thereof in their respective offices, and thereupon the Board of County Commissioners shall by order direct the County Treasurer to purchase the certificates designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid; and all certificates so redeemed shall be canceled by the County Treasurer, by writing across the face thereof in red ink the words “Purchased and Redeemed,” adding thereunto the time when and the amount paid therefor, and signing the same officially. The order of the Board of County Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid that shall offer the largest amount of certificates of indebtedness, in par value, for the least sum of money. The County Treasurer shall return all unaccepted bids, together with the certificates of indebtedness therein contained to the owners on demand. The County Treasurer shall keep a separate account, under the heading of “Redemption Fund,” of all certificates received in the said fund, and all money paid out of said fund, 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,” and shall state the amount of money paid therefor. If, after the County Treasurer has advertised as provided by this Act, there should be a remainder of money uncalled for by bids, the County Commissioners may proceed to transfer such remainder to the General Fund as provided by law.

      Sec. 2.  All Acts or parts of Acts in so far as they are in conflict with this Act, are hereby repealed.

 

Duties of County Commissioners.

 

 

 

 

 

 

 

 

 

 

Of County Treasurer.

 

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κ1883 Statutes of Nevada, Page 84κ

CHAPTER 60

 

 

 

 

 

 

 

 

 

 

Petition.

 

 

 

Committee appointed.

 

Money, from whom borrowed to pay workmen, amount.

 

D. A. Bender & Co.

 

 

County Commissioners, good faith of.

 

 

Informalities discovered.

 

Sewer a benefit to “everybody,” and only certain persons pay.

Chap. LX.–An Act to authorize and direct the Board of County Commissioners of Washoe county to allow a certain claim of D. A. Bender & Co., and to re-levy, re-assess and collect certain taxes and assessments for the payment of the same.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Whereas, A certain petition of the frontage property owners along certain streets, alleys and blocks in the town of Reno, Washoe county, Nevada, known as Commercial Row, was presented to the Board of County Commissioners of said county, praying the construction of a sewer along said streets, alleys and blocks; and

      Whereas, Said Board of County Commissioners granted said petition and appointed a committee to construct said sewer; and

      Whereas, Said committee, in order to pay the workmen and others engaged in the construction of said sewer, did borrow from Messrs. D. A. Bender & Co., bankers, the sum of one thousand one hundred and nine dollars, and did pay out said money in good faith in the construction of said sewer, under the belief and with the promise of the said Board of County Commissioners that it would be repaid to the said D. A. Bender & Co. by said frontage property owners along said Commercial Row benefitted by the construction of the said sewer; and

      Whereas, The said Board of County Commissioners did proceed in good faith, made the levy and assessed the property as required by law along the line of said sewer; and

      Whereas, After the said money was advanced by the said D. A. Bender & Co., and said sewer was constructed, it was discovered that there were certain informalities in said petition and in the assessment of the tax for the payment of the construction of said sewer, rendering said tax invalid and non-collectible; and

      Whereas, Said sewer is of great public benefit and use to said town of Reno, and is now being used by divers of the citizens of said town, and said D. A. Bender & Co. have never received any of the money by them advanced, except the sum of seventy dollars voluntarily paid by certain persons using said sewer, and there is now justly due and owing to said D. A. Bender & Co. the sum of one thousand and thirty-nine dollars of the money expended in the construction of said sewer; and, in consideration of the foregoing facts, be it enacted:

 


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κ1883 Statutes of Nevada, Page 85 (CHAPTER 60)κ

 

construction of said sewer; and, in consideration of the foregoing facts, be it enacted:

      Section 1.  The Board of County Commissioners of Washoe county are authorized and empowered, and in cases where the tax, assessment or assessments for constructing a sewer along Commercial Row, in the town of Reno, have heretofore been set aside or declared void by any Board of County Commissioners of said county, by reason of the want of power and authority in said Board to order the same, or for a non-compliance with any of the provisions of Chapter XCVIII. of an Act of the Legislature of this State, entitled “An Act to provide for the government of unincorporated towns in this State,” approved March eighth, eighteen hundred and seventy-nine (Statutes of 1879, page 103), either in the form of the petition or the want of a majority of the frontage property owners along said Commercial Row, whose property has been benefited by the construction of said sewer, and are now, and have been, using the said sewer since its construction, or in ordering or letting the work or making the contracts in relation thereto, at any time within four years after the same are declared void, to re-assess and re-levy the amount of such assessment or tax so declared or held to be void, and to collect the same in the same manner as other taxes are levied, assessed and collected on such lands, lots or improvements under the provisions of Chapter XCVIII. (Statutes 1879, page 103.)

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

 

Board of County Commissioners authorized and empowered, what to do.

 

 

Act referred to.

 

 

Property benefited by said sewer.

 

 

Commissioners to reassess and relevy tax.

 

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CHAPTER 61

Chap. LXI.–An Act to procure meteorological reports for the State of Nevada, and to provide for the payment of the same.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Secretary of State is hereby directed to contract with Charles W. Friend for the purchase of monthly meteorological reports for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four, to be filed in said Secretary of State’s office for the use and benefit of the State of Nevada, for the sum of twelve and 50-100 ($12 50) dollars, to be paid monthly upon the receipt of said meteorological reports at the office of the Secretary of State. The sum of three hundred dollars is hereby appropriated out of the General Fund from any moneys not otherwise specifically appropriated, and the Controller is hereby required to draw his warrant for said sum in favor of said Charles W.

 

 

 

 

 

 

 

 

 

Meteorological reports.

 

Sum appropriated for.

 


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κ1883 Statutes of Nevada, Page 86 (CHAPTER 61)κ

 

 

specifically appropriated, and the Controller is hereby required to draw his warrant for said sum in favor of said Charles W. Friend, and the Treasurer is hereby required to pay the same.

 

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CHAPTER 62

 

 

 

 

 

 

 

 

County Comissioners to publish bills allowed.

 

 

Publication, how made.

 

 

Where applicable.

 

 

Payment for publication and time of.

Chap. LXII.–An Act providing for the publication of bills allowed by the Boards of County Commissioners in this State.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The County Commissioners of the different counties in this State shall cause to be published, in some newspaper published at the county seat, the amount of all bills allowed by them, together with the names of the persons to whom such allowances are made.

      Sec. 2.  The publication shall be made in a daily paper, if such be published at the county seat; but in counties where no daily paper is published at the county seat, the publication shall be made in a tri-weekly, semi-weekly or weekly; and where no paper is published at the county seat, the publication shall be made in any paper published in the county; provided, that this Act shall not apply to any county in this State having a population less than two thousand.

      Sec. 3.  The amount paid for such publication shall not exceed the sum of one dollar per square of ten lines, and the publication shall not extend beyond a single insertion.

 

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CHAPTER 63

 

 

 

 

 

 

 

 

Appropriations for the support of State Government.

Chap. LXIII.–An Act making appropriations for the support of the Civil Government of the State of Nevada for the nineteenth and twentieth fiscal years.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the Government of the State of Nevada for the nineteenth and twentieth fiscal years.

 


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κ1883 Statutes of Nevada, Page 87 (CHAPTER 63)κ

 

      Sec. 2.  For salary of the Governor, ten thousand ($10,000) dollars.

      Sec. 3.  For salary of the Governor’s Private Secretary, four thousand ($4,000) dollars.

      Sec. 4.  For salary of Lieutenant Governor, as ex-officio Adjutant General and ex-officio State Librarian, five thousand four hundred ($5,400) dollars.

      Sec. 5.  For salary of the Secretary of State, six thousand ($6,000) dollars.

      Sec. 6.  For salary of the Deputy Secretary of State, four thousand ($4,000) dollars.

      Sec. 7.  For indexing Journals and copying and indexing Statutes of the Eleventh Session of the Legislature, five hundred ($500) dollars.

      For printing, stitching and binding compiled Laws, six thousand ($6,000) dollars.

      Sec. 8.  For salary of State Controller, six thousand ($6,000) dollars.

      Sec. 9.  For salary of Deputy State Controller, four thousand ($4,000) dollars.

      Sec. 10.  For prosecuting delinquents for infraction of Revenue laws and for enforcing the collection of the revenue, to be expended under the direction of the Controller, two thousand five hundred ($2,500) dollars.

      Sec. 11.  For salary of State Treasurer, six thousand ($6,000) dollars.

      Sec. 12.  For salary of Deputy State Treasurer, four thousand ($4,000) dollars.

      Sec. 13.  For salary of Surveyor-General and Land Register, six thousand ($6,000) dollars, payable out of the State School Fund.

      Sec. 14.  For salary of Deputy in the Surveyor-General and Land Register office, four thousand ($4,000) dollars, payable out of the State School Fund.

      Sec. 15.  For the purchase of township plats, furnished from the United States Surveyor-General’s office; provided, that the price per plat shall not exceed six ($6) dollars, three thousand ($3,000) dollars; and for the pay of draughtsman in the Land Register’s office, one thousand five hundred ($1,500) dollars, payable out of the State School Fund.

      Sec. 16.  For salary of Attorney General, six thousand ($6,000) dollars.

      Sec. 17.  For salary of Superintendent of Public Instruction, four thousand ($4,000) dollars, payable out of the General School Fund.

      Sec. 18.  For salary of the Superintendent of Public Instruction as ex-officio Curator of the State Museum and Secretary of the Board of Directors of the State Orphans’ Home, eight hundred ($800) dollars.

Appropriations for the support of State Government.

 


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κ1883 Statutes of Nevada, Page 88 (CHAPTER 63)κ

 

Appropriations for the support of State Government.

      Sec. 19.  For expenses of Teachers’ Institutes for the years 1882, 1883 and 1884, three hundred ($300) dollars.

      Sec. 20.  For salaries of Justices of the Supreme Court, forty thousand ($40,000) dollars.

      Sec. 21.  For salary of the Clerk of the Supreme Court, four thousand eight hundred ($4,800) dollars.

      Sec. 22.  For salary of the Clerk of the State Library, two hundred ($200) dollars.

      Sec. 23.  For salary of Bailiff of Supreme Court, seven hundred and fifty ($750) dollars.

      Sec. 24.  For preparation of Nevada Reports for publication, twenty-six hundred ($2,600) dollars.

      Sec. 25.  For the necessary expenses of the Fish Commissioner 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,” two thousand ($2,000) dollars.

      Sec. 26.  For the payment of rewards offered by the Governor, four thousand ($4,000) dollars.

      Sec. 27.  For carrying on the manufacture of boots and shoes at the State Prison, fifty thousand ($50,000) dollars.

      Sec. 28.  For the support of the Nevada State Prison, including the salaries of Warden and Deputy Warden, one hundred thousand ($100,000) dollars.

      Sec. 29.  For the transportation, care and support of the indigent insane of the State, to be expended under the directions of the Board of Commissioners, eighty-five thousand ($85,000) dollars.

      Sec. 30.  For repairs and improvements in and about the State Insane Asylum, to be expended under the directions of the Board of Commissioners, ten thousand ($10,000) dollars.

      Sec. 31.  For the support and education of the deaf, dumb and blind, and their transportation to and from the institution, to be expended under the direction of the Board of Commissioners for the Insane, two thousand five hundred ($2,500) dollars.

      Sec. 32.  For supporting and conducting the State Orphans’ Home, to be expended under the directions of the Board of Directors, twenty-five thousand ($25,000) dollars.

      Sec. 33.  For salary of Superintendent of State Printing, four thousand ($4,000) dollars.

      Sec. 34.  For support of State Printing Office, stationery and other matters relating thereto, ten thousand ($10,000) dollars.

      Sec. 35.  For purchase of new material and improvements in the office, two thousand five hundred ($2,500) dollars.

 


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κ1883 Statutes of Nevada, Page 89 (CHAPTER 63)κ

 

      Sec. 36.  For official advertising and book-binding, including Supreme Court Reports, thirty-five hundred ($3,500) dollars.

      Sec. 37.  The following sums of money are hereby appropriated for the purpose herein named, to be expended under the direction of the Board of Capitol Commissioners hereby created, to consist of the Lieutenant Governor, State Controller and Attorney General:

      For furnishing fuel, lights, preparing legislative halls and repairing furniture for the twelfth session of the State Legislature, seven hundred and fifty ($750) dollars.

      For stationery, fuel and lights for State officers and the State Capitol building, four thousand ($4,000) dollars.

      For current expense appropriation to defray the telegraphic, postal and contingent expenses of the State officers, Supreme Court and State Library, for transportation of books and documents, storage and transportation of State property, eight thousand ($8,000) dollars.

      For improving and keeping up the Capitol grounds and water-works, two thousand five hundred ($2,500) dollars.

      For salaries of two porters and one night watchman for the State Capitol, six thousand ($6,000) dollars.

      For repairing and preserving Capitol building, two hundred and fifty ($250) dollars.

      Sec. 38.  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. 39.  For salary of attorney at Washington, to attend to and represent the land interest of the State before the Departments, to be paid out of the State School Fund, two thousand dollars; said attorney to be appointed by the Governor.

      Sec. 40.  For salary of Principal of the State University, three thousand, six hundred ($3,600) dollars.

      For salary of Assayer and Mining Engineer of the State University, thirty-two hundred ($3,200) dollars.

      For traveling expenses of Board of Regents, seven hundred and fifty ($750) dollars.

      For incidental expenses, repairs to University buildings, pay of water and improving grounds, twenty-six hundred ($2,600) dollars.

      For the incidental expenses of the Assaying and Mining Engineering Department of the State University, eighteen hundred ($1,800) dollars.

Appropriations for the support of State Government.

 


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κ1883 Statutes of Nevada, Page 90 (CHAPTER 63)κ

 

 

Engineering Department of the State University, eighteen hundred ($1,800) dollars.

      All of the appropriations made for the support of the State University shall be paid out of the accumulated interest in the University Fund.

      Sec. 41.  Nothing herein contained shall be so construed as to apply to any appropriation that may hereafter be made specifically by law.

 

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CHAPTER 64

 

 

 

 

 

 

 

 

 

 

Courts shall not be open.

Holidays designated.

 

 

Exceptions, cases in which courts shall be open.

Chap. LXIV.–An Act to amend an Act entitled “An Act to amend an Act concerning the courts of justice of this State and judicial officers,” approved January 26, 1865, approved January 31, 1866.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Fifty.  No court shall be open, nor shall any judicial business be transacted on Sunday, on New Year’s Day, on Washington’s Birthday, on the Thirtieth of May, commonly known as Memorial Day, on the Fourth of July, on Thanksgiving Day, on Christmas Day, or on a day on which the general election is held, except for the following purposes:

      First-To give, upon their request, instructions to a jury then deliberating on their verdict.

      Second-To receive a verdict or discharge a jury.

      Third-For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.

      Fourth-For the issue of a writ of attachment, which writ may be issued on each and all of the days above enumerated, upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averment, as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ, to wait till a subsequent day for the issuance of the same. And all proceedings instituted, and writs issued and official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of said writ.

 

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κ1883 Statutes of Nevada, Page 91κ

CHAPTER 65

Chap. LXV.–An Act amendatory of and supplementary to an Act entitled “An Act to provide for organizing and disciplining the militia of the State,” approved March 4, 1865.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

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

      Section Seventeen. Whenever a sufficient number of persons, by the provisions of this Act, citizens of any county of this State, subject to military duty, shall subscribe to a call for the organization of a volunteer company, the District Judge of said county, upon due application of the persons who have subscribed as above, shall appoint some suitable person, resident of the county, to open a book, in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting, for the purpose of organization, by giving ten days’ notice thereof, by publication in some newspaper, or by posting notices in at least three public places in the county; provided, that after sixty days after the passage of this Act, only one military company in each county of this State shall receive State support, except as hereinafter provided, which support, for armory rent or other purposes, shall not exceed the sum of seventy-five dollars per month for each company; and provided further, that in any county where one military company exists, the District Judge shall not receive applications to organize another.

      Sec. 2.  The Lieutenant Governor is hereby made ex-officio Adjutant General, and shall perform the duties required by law.

      Sec. 3.  Within sixty days after the passage of this Act, all military companies in this State, in any county where two or more companies exist, shall disband and turn over to the Adjutant General all arms, ordnance, stores and other property belonging to the State, and all books and papers pertaining to said companies, as hereinafter provided; provided, that any company in any county in this State may disband; and that in any county having two or more companies, the Commander-in-Chief and his staff shall determine which company shall retain its organization and receive State support; and provided further, that in any county in this State having a population of twelve thousand or more, as shown by the census of eighteen hundred and eighty, two infantry companies and one artillery company shall not be disbanded.

 

 

 

 

 

 

 

 

 

 

 

 

 

District Judge, duties of.

 

Book to be opened for volunteers.

Publication

 

One military company in each county

Monthly armory rent.

 

District Judge prohibited from.

Ex-officio Adjutant General, who.

Companies to disband.

 

 

 

 

Commander in Chief and staff, duties of.

 


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κ1883 Statutes of Nevada, Page 92 (CHAPTER 65)κ

 

Number of companies in certain counties.

Adjutant General, duties of.

 

 

 

 

 

 

To turn over State property.

 

State property, how cared for.

 

 

Regiment, officers of and designated.

eighty, two infantry companies and one artillery company shall not be disbanded.

      Sec. 4.  Within thirty days after the passage of this Act the Adjutant General shall officially notify all military companies of the provisions of this Act. He shall also inform the Boards of County Commissioners and County Treasurer in each county where two or more companies exist, of the names of the companies, and that State support will be extended to one company only in said county, except as otherwise provided in this Act. He shall, on the disbandment of military companies under the provisions of this Act, officially inform the State Controller of the legally organized companies, if any, in any county of this State.

      Sec. 5.  The commanding officer of the company so disbanded shall notify the Adjutant General of the company’s readiness to turn over the State property in the company’s possession, and the Adjutant General shall receipt to said officer for the property thus received.

      Sec. 6.  All arms, ordnance, ordnance stores and other State property returned under the provisions of this Act shall be cared for as now provided by law for State property of this character.

      Sec. 7.  Section Thirty of said Act is hereby amended so as to read as follows:

      Section Thirty.  A battalion of six companies shall be deemed a regiment, and shall elect one Colonel, one Lieutenant-Colonel and one Major, and shall be designated as the First Regiment, Nevada National Guard.

      Sec. 8.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

 

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CHAPTER 66

 

 

 

 

 

 

 

 

County Clerks to administer oaths.

Chap. LXVI.–An Act relating to the duties of County Clerks regarding claims against a county.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The County Clerks of the several counties of this State are hereby authorized and directed, when required to administer to the claimant of any demand against the county, the necessary oath, and properly certify to the same without any fee or charge therefor.

 

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κ1883 Statutes of Nevada, Page 93κ

CHAPTER 67

Chap. LXVII.–An Act to provide for the issuance of bonds by the county of Ormsby in order to provide for the payment of thirty thousand dollars of the bonds of said county heretofore issued and now outstanding.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Ormsby county are hereby authorized and directed to prepare and issue the bonds of said county to the amount of thirty thousand dollars in the form hereinafter specified.

      Sec. 2.  Said bonds shall not bear later date than December tenth, A. D. eighteen hundred and eighty-four, and shall be of such amounts as shall be deemed most saleable and convenient; but no bonds shall be for a less amount than one hundred dollars and none for a greater amount than one thousand dollars. Said bonds shall be printed with interest coupons attached thereto; shall express on the face of the bonds and coupons that they are payable in United States gold coin; shall bear interest at a rate not to exceed seven per cent. per annum, payable semi-annually.

      Sec. 3.  The bonds shall be payable to bearer at the office of the County Treasurer in said county in six years from their date. The bonds shall be prepared in proper form, under the direction of the Board, and shall be signed by the President of the Board and countersigned by the Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board.

      Sec. 4.  Said Board of County Commissioners are hereby authorized and required to levy and collect annually, until all of said bonds issued under the provisions of this Act have been fully paid or provided for, a tax of fifty cents upon each one hundred dollars of all taxable property of Ormsby county, to be applied exclusively to the payment of the principal and interest of said bonds to be issued as herein provided.

      Sec. 5.  The County Treasurer of said county is hereby authorized and directed to pay all interest coupons as the same shall fall due, and to redeem said bonds to the amount of four thousand dollars in each year for the first two years after their issuance, and the amount of five thousand dollars each year for the two years next succeeding, viz: In the year A. D. eighteen hundred and eighty-seven, and A. D. eighteen hundred and eighty-eight, and six thousand dollars in each year of A. D. eighteen hundred and eighty-nine,

 

 

 

 

 

 

 

 

 

County Commissioners, duties of.

 

Bonds, date of.

 

Same, denominations of.

Same, coupons.

Same. payable in U. S. gold coin.

Bonds, to whom payable, when.

 

 

Same, how signed.

County Commissioners. duties of.

Rate of tax.

 

 

 

County Treasurer, duties of.

 


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κ1883 Statutes of Nevada, Page 94 (CHAPTER 67)κ

 

 

 

Surplus, where paid.

 

 

Bonds, purpose for which they are issued and sold.

 

 

 

 

Bonds firm as long as the Commonwealth exists.

dollars in each year of A. D. eighteen hundred and eighty-nine, and A. D. eighteen hundred and ninety.

      Sec. 6.  In case there is any surplus of the proceeds of the above mentioned tax after the redemption of bonds and payment of coupons as provided, the same shall be paid into the General Fund of the county.

      Sec. 7.  The bonds provided for in this Act shall be issued and sold for the purpose of providing funds for the payment of thirty thousand dollars of the bonds of said county, issued under and pursuant to the provisions of an Act entitled “An Act to authorize the Commissioners of Ormsby county to issue to the Virginia & Truckee Railroad Company bonds to the amount of two hundred thousand dollars, and to provide for the payment of the same,” approved January twenty-seven, A. D. eighteen hundred and sixty-nine.

      Sec. 8.  The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for.

 

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CHAPTER 68

 

 

 

 

 

 

 

 

 

 

Discharge of debtors from debts.

 

Discharged from debts set forth in schedule.

Chap. LXVIII.–An Act to amend an Act entitled “An Act for the relief of insolvent debtors and protection of creditors,” approved March 3, 1881.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section twenty-four of the above-entitled Act is hereby amended so as to read as follows:

      Section Twenty-four.  If the accusation of fraud brought against the debtor is declared to be ill founded, or if no opposition be made within the time herein provided, and provided the said debtor has in all things complied with the provisions of this Act, the said debtor shall be released and fully discharged from any and all debts until then contracted and contracted after the passage of this Act, and from any judicial proceedings relative to the same; provided, always, that said insolvent debtors shall be released and discharged only for such debts and liabilities as he shall have set forth and named in his schedule.

      Sec. 2.  Section twenty-eight of the above-entitled Act is hereby amended so as to read as follows:

      Section Twenty-eight.  That every insolvent debtor shall also be considered as a fraudulent bankrupt who shall be convicted of having passed sham deeds for the purpose of conveying the whole or any part of his property,

 


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κ1883 Statutes of Nevada, Page 95 (CHAPTER 68)κ

 

also be considered as a fraudulent bankrupt who shall be convicted of having passed sham deeds for the purpose of conveying the whole or any part of his property, and depriving his creditors thereof, or of having knowingly omitted to declare any of his property, rights or claims in his schedule, or of having purloined his books or any of them, or having altered, changed or made them anew, with an intent to defraud his creditors, or of having alienated, mortgaged or pledged any of his property, with intent to defraud or prejudice his creditors; and any sale, mortgage or alienation of any property of the debtor made by him within a month preceding the filing of a petition in insolvency, and made with intent to give a preference to one or more of his creditors, shall be void.

Fraudulent bankrupt.

 

________

 

CHAPTER 69

Chap. LXIX.–An Act to remove the county seat of Esmeralda county from the town of Aurora to the town of Hawthorne.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of July in the year of our Lord one thousand eight hundred and eighty-three, the county seat of Esmeralda county shall be located at the town of Hawthorne, in said county.

      Sec. 2.  It shall be the duty of the officers of said county who are required by law to keep their offices at the county seat, to remove the same to the said town of Hawthorne on the week next preceding the first day of July in the year of our Lord one thousand eight hundred and eighty-three.

      Sec. 3.  The County Commissioners of Esmeralda county shall provide for the removal of the archives and other movable property belonging to said county to said town of Hawthorne.

      Sec. 4.  It shall be lawful for the Board of County Commissioners of said Esmeralda county, and it is hereby made their duty, to provide for the use of the various officers such buildings, rooms or offices as are required by law.

 

 

 

 

 

 

 

 

 

Hawthorne, county seat.

 

County officers, when to remove to Hawthorne.

 

County Commissioners, duties of.

 

County Commissioners to provide offices.

 

________

 

 


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κ1883 Statutes of Nevada, Page 96κ

CHAPTER 70

 

 

 

 

 

 

 

 

Number in any county.

 

 

Compensation.

 

 

Present Commissioners not affected.

Chap. LXX.–An Act to fix the number and limit the compensation of County Commissioners.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Hereafter each Board of County Commissioners of the several counties of this State shall consist of three members; and not more than three County Commissioners shall be elected or appointed to such office in any county of this State.

      Sec. 2.  No County Commissioner hereafter elected, or appointed, shall receive as compensation for his services as such Commissioner an amount to exceed nine hundred ($900) dollars per annum.

      Sec. 3.  This Act shall not be so construed as to limit the number or affect the compensation of County Commissioners now holding office by virtue of election or appointment.

      Sec. 4.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

 

________

 

CHAPTER 71

 

 

 

 

 

 

 

 

Public officers or other persons using public money, when a misdemeanor.

 

 

 

Punishm’nt

Chap. LXXI.–An Act supplementary to an Act concerning crimes and punishments, approved November 26, 1861.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every public officer or other person who shall have in his possession, control or custody any public money belonging to the State of Nevada, or to any county, town, city, district, or municipal corporation within this State, or to whom any such public money shall be intrusted for safe keeping, or for transmission to any Treasurer, other officer, or person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount so unlawfully used be fifty ($50) dollars or less, be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than one hundred ($100) dollars and not more than five hundred ($500) 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.

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 97 (CHAPTER 71)κ

 

less than one month nor more than six months, or by both such fine and imprisonment.

      Sec. 2.  Every public officer or other person who shall have in his possession, control or custody any public money belonging to the State of Nevada, or to any county, town, city, district or municipal corporation within this State, or to whom any such public money shall be intrusted for safe keeping or for transmission to any Treasurer or other officer, or other person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount unlawfully used be more than fifty dollars, be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one year or more than fifteen years.

 

Public officers or other persons using public money, when a felony.

 

 

 

 

Punishm’nt

 

________

 

CHAPTER 72

Chap. LXXII.–An Act supplemental to 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 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The County Auditors of the several counties in this State shall, immediately upon the receipt of the delinquent tax list, as provided by law, cause the same to be published in at least one newspaper in his county for not less than one nor more than four weeks, and if no newspaper be published in the county, then a copy of said delinquent list shall be posted by the Auditor in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall in no case be a charge against the State or county; and provided further, that such publication shall be made at not more than legal rates.

 

 

 

 

 

 

 

 

 

County Auditors to publish delinquent list.

 

 

Where posted.

Proviso.

 

________

 

 


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κ1883 Statutes of Nevada, Page 98κ

CHAPTER 73

 

 

 

 

 

 

 

 

Paternity, how established.

 

 

 

 

Complaint.

 

 

Parent guilty of misdem’nor when.

 

Punishmn’t

 

 

 

Custody of child.

Chap. LXXIII.–An Act to provide support for illegitimate children, and other matters relating thereto.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Under this Act the paternity of any illegitimate child shall be established by mutual agreement of the mother and any person whose relations have been sufficiently intimate with her to warrant the conclusion, It may also be established by the confession or admission of the father, when not denied by the mother; and when not so established it shall be susceptible of proof in such manner and of such character as the Court before whom an action for that purpose is brought may determine. The mother of the child shall be admitted as a witness in support of the complaint, and may be compelled to testify. No complaint shall be withdrawn, dismissed or settled by agreement of the mother and putative father.

      Sec. 2.  The parent of any illegitimate child who abandons, refuses or neglects to support such child shall be guilty of a misdemeanor, and on conviction shall be fined not less than fifty ($50) dollars, nor more than three hundred ($300) dollars, and in default of the payment of such fine, shall be imprisoned in the county jail until such fine shall be paid, at the rate of two dollars per day for the term of such imprisonment. The Court may also adjudge that the putative father stands charged with the maintenance of said child, with the assistance of the mother; but nothing in this Act shall be so construed as to take from the mother the custody of her child. Whenever the Court shall make such order, any refusal or neglect of said putative father to comply with the order of the Court, shall be deemed a contempt of the Court, and punished as other cases are for contempt.

 

________

 

 


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κ1883 Statutes of Nevada, Page 99κ

CHAPTER 74

Chap. LXXIV.–An Act to detach a portion of Esmeralda county, and to annex the same to Lyon county.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All that portion of Esmeralda county lying west of a line commencing at a point on the boundary line between California and Nevada where the counties of Esmeralda and Douglas corner, and running thence in a northeasterly direction to a point on the north boundary line of Esmeralda county where the Carson and Colorado railroad crosses said line, is hereby detached from Esmeralda county and annexed to Lyon county.

      Sec. 2.  The county of Lyon shall assume and pay to the county of Esmeralda, as its portion of the debt assumed on the annexation of the territory detached by this Act, such an equal and proportionate amount of the indebtedness of Esmeralda county as the taxable property in said detached and annexed territory, as shown by the assessment roll of Esmeralda county for the year eighteen hundred and eighty-two, bears to the payment of the entire debt; and the Boards of County Commissioners of the counties of Lyon and Esmeralda, shall, prior to the first Monday of July, eighteen hundred and eighty-three, agree upon and determine the amount so due Esmeralda county from Lyon county, and shall regulate the manner and time of paying the same.

      Sec. 3.  The Board of County Commissioners of Lyon county shall annually, from the revenues collected in said Lyon county, set apart and pay to the county of Esmeralda such an amount as will warrant the speedy liquidation of the debt assumed by Lyon county; provided, the last payment shall not be made subsequent to the final cancellation of Esmeralda county’s present indebtedness.

      Sec. 4.  The County Recorder of Esmeralda county is hereby authorized and empowered, and it shall be his duty, to transcribe into suitable books all the records of his county pertaining or relating to, or effecting the title to any property in the territory detached by this Act and annexed to Lyon county. He shall make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage of this Act; and when completed shall be delivered to the County Recorder of Lyon county, and shall thereafter be kept in his office and shall be for every purpose of the same force and effect as other county records.

 

 

 

 

 

 

 

 

Territory detached and annex’d

 

 

 

 

Debt assumed by Lyon co’nty portion of.

 

 

 

 

 

 

 

 

Money set apart to pay Esmeralda county.

 

 

County Recorder to transcribe records.

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 100 (CHAPTER 74)κ

 

 

 

 

 

 

 

Suits pending in District Court to be transferred.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners failing to agree.

District Judge to determine amount Lyon cou’ty to pay.

The County Recorder of Esmeralda county shall be entitled to receive as compensation for the service hereby imposed, to be paid into the Salary Fund of Esmeralda county, one-half the fees now allowed by law for recording and indexing instruments in his office. His claim for said compensation shall be allowed by the Board of County Commissioners of Lyon county on the completion and delivery of said transcript and index, and shall be paid as other claims against the county.

      Sec. 5.  All suits now pending in the District Court of the Third Judicial District, in and for the county of Esmeralda, which in any way appertain to property, real, personal or mixed, situate, belonging or being within the territory detached from Esmeralda county and annexed to Lyon county, and all actions for the recovery of any debt, claim or demand whatsoever, between citizens of the terriritory detached from Esmeralda county and annexed to Lyon county, shall (if then undetermined) at least ten days before the first day of the first term of the District Court of the Third Judicial District, in and for the county of Lyon, be by the County Clerk of Esmeralda county transferred and duly certified to the County Clerk of Lyon county, and all suits so transferred shall be by the County Clerk of Lyon county filed in his office and entered in the calendar of the aforesaid first term of said District Court; provided, where both the plaintiff and defendant to any suit shall file a written statement with the County Clerk of Esmeralda county requesting that the suit to which they are parties may be determined in the District Court of the Third Judicial District, in and for Esmeralda county, then, and not otherwise, said suit or suits shall not be transferred, as herein provided.

      Sec. 6.  In the event of the Boards of County Commissioners of Esmeralda and Lyon counties failing to agree upon and determine the amount due Esmeralda county from Lyon county, as provided in Section two of this Act, the District Judge of the Third Judicial District shall order the County Assessor of Esmeralda county to file in the District Court of the Third Judicial District, in and for Esmeralda county, a statement setting forth the amount of the entire taxable property in Esmeralda county as shown by the assessment roll for the year eighteen hundred and eighty-two, and the amount thereof assessed in and belonging to the territory detached from Esmeralda county and annexed to Lyon county, whereupon the District Judge of the Third Judicial District shall, in accordance with the proportionate amount contemplated by Section two of this Act to be assumed by Lyon county, determine and declare the amount due Esmeralda county from Lyon county.

 


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κ1883 Statutes of Nevada, Page 101 (CHAPTER 74)κ

 

      Sec. 7.  This Act shall take effect and be in force from and after its passage.

 

 

________

 

CHAPTER 75

Chap. LXXV.–An Act prescribing office hours for State Library, and defining the duties of Lieutenant-Governor as ex-officio State Librarian.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The office hours for the State Library shall be the same as the office hours prescribed for or adopted by other State officers.

      Sec. 2.  The Lieutenant-Governor, as ex-officio State Librarian, may appoint a clerk for said State Library, said clerk to serve without expense to the State, except as otherwise provided by law, and constant attendance must be had in and the Library kept open during the office hours prescribed in the first section of this Act, and whenever the Supreme Court is in session. The Lieutenant-Governor, as ex-officio State Librarian, shall be responsible for the safe keeping of all the property belonging to the State Library. He shall keep a register of all books, magazines, papers, pamphlets, maps, charts and other property added to the library, and of the cost thereof, and shall stamp the same with the library seal. He shall keep a register of all books taken from the library, when taken out, by whom, and when returned. He shall not permit any person or persons, except such as are authorized by law, to take from the library any book, magazine, paper or other property belonging thereto.

      Sec. 3.  The Lieutenant-Governor, as ex-officio State Librarian, shall have power to draw from the State Treasury at any time all money which may be therein belonging to the State Library Fund, and expend the same in the purchase of books, and binding of magazines, newspapers and other documents for the State Library; provided, that no warrant shall be drawn by the State Controller for such purposes unless the bill or account presented by the Lieutenant-Governor, as ex-officio State Librarian, shall be approved and allowed by the Board of Examiners. In the purchase of books regard shall be had, first, for the procurement of such books on law and reports of judicial decisions as shall be deemed suitable to the wants of the Supreme Court.

 

 

 

 

 

 

 

 

Office hours

 

 

Clerk, no expense to State.

 

Responsible who.

 

 

 

Register to be kept.

Books, who may take.

 

 

Librarian, powers of

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 102 (CHAPTER 75)κ

 

Report to Governor.

 

 

 

 

 

 

 

 

Official bond, etc.

 

 

 

 

 

To give receipt.

      Sec. 4.  The Lieutenant-Governor, as ex-officio State Librarian, shall, on the first Monday of January in each year, furnish to the Governor, to be submitted by him to the Legislature when organized, a full report of the purchase and expenditures for the preceding year and the amount of moneys drawn from the Treasury, with a list of. all books, magazines, newspapers and other documents missing or acquired during the year, specifying those obtained by exchange, donation or purchase, and make such recommendations as he may deem advisable in connection with the affairs of said library.

      Sec. 5.  Before entering upon the duties of the office the Lieutenant-Governor, as ex-officio State Librarian, shall execute an official bond in the sum of one thousand dollars, with sureties to be approved by the Governor, conditioned for the faithful discharge of his duties and delivery over to his successor of all the books and other property belonging to the State Library, said bond to be deposited in the office of the Secretary of State.

      Sec. 6.  Upon assuming the duties of his office the Lieutenant-Governor, as ex-officio State Librarian, shall execute a receipt and deliver the same to the Justices of the Supreme Court for all books and other property in the State Library.

      Sec. 7.  The Act entitled “An Act to amend an Act entitled ‘An Act in relation to the State Library,’ ” approved February 14, 1865; approved March 5, 1877; approved March 3, 1881, and all other Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

 

________

 

CHAPTER 76

 

 

 

 

 

 

 

 

 

When removed to Asylum.

Chap. LXXVI.–An Act to provide for the transfer of insane convicts to the State Insane Asylum.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever a convict, while undergoing imprisonment in the Nevada State Prison, shall become insane and be so adjudged by a commission of lunacy, appointed by the court as in other cases of insanity, it shall be the duty of the Warden to deliver such convict to the Superintendent of the State Insane Asylum at Reno, Nevada, for detention and treatment therein.

      Sec. 2.  The Superintendent of the Insane Asylum shall receive such insane convict and safely keep him,

 


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κ1883 Statutes of Nevada, Page 103 (CHAPTER 76)κ

 

receive such insane convict and safely keep him, and if such convict be restored to sanity before the expiration of his sentence to said prison, shall deliver him to the Warden thereof, who shall retain such convict therein for the unexpired term of his sentence, unless said convict shall be released by order of the Board of Pardons. An escape from said Insane Asylum by any convict confined therein under the provisions of this Act, shall be deemed an escape from the State Prison, and be punished as such.

When returned to State Prison

 

 

 

Escape.

 

________

 

CHAPTER 77

Chap. LXXVII.–An Act for the relief of Isaac P. Weaver.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fifty dollars is hereby appropriated out of any money in the School Fund of the State not otherwise appropriated to reimburse Isaac P. Weaver for the sum of fifty dollars, illegally collected by him as a fine and paid into the School Fund of the State, which illegal collection the said Isaac P. Weaver was forced to refund by suit against him. The Controller is hereby authorized and directed to draw his warrant on the State Treasurer for the sum of fifty dollars, and the State Treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

Relief, amount of

 

________

 

CHAPTER 78

Chap. LXXVIII.–An Act in relation to the sale of certain lands granted by the United States to the State of Nevada.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All timber and mountainous grazing lands hereafter selected by and listed to the State of Nevada, under any grant made by the United States to this State, shall be sold, reserving the minerals therein contained, and the right to dispose of mining claims on such timber and mountainous grazing lands in the manner prescribed by the laws of Congress in relation to the disposal of mineral lands and mining claims,

 

 

 

 

 

 

 

 

Sale of lands.

 

Minerals, mining claims.

 


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κ1883 Statutes of Nevada, Page 104 (CHAPTER 78)κ

 

Patents, what to express.

 

 

Minerals on patented lands.

State, right to convey mining claims, when.

laws of Congress in relation to the disposal of mineral lands and mining claims, and such reservation and right of disposal shall be expressed in all patents hereafter granted and issued by the State for such timber and mountainous grazing lands to purchasers thereof from the State.

      Sec. 2.  When any minerals shall be discovered on any timber and mountainous grazing lands sold and patented by the State, the State hereby reserves and shall have the right to convey mining claims thereon in the same manner and of the same amount in any one claim as is now the law and practice of the United States, and the right of way over any such timber and mountainous grazing lands, to and from such mining claims, is hereby reserved and shall be granted to the grantee of any such mining claim.

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

 

________

 

CHAPTER 79

 

 

 

 

 

 

 

 

 

Court House at Hawthorne.

 

 

 

Funding Commissioners, duties of.

 

Bonds.

Chap. LXXIX.–An Act to authorize the Funding Commissioners of Esmeralda county to issue bonds for the purpose of creating a fund for the erection of county buildings.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing funds for the erection of a court house and jail in the town of Hawthorne, in the county of Esmeralda, the Funding Commissioners of said county are authorized and required to issue bonds in the name of said county in a sum not exceeding thirty thousand dollars, and to pledge the good faith and credit of the county for the payment of the same, both principal and interest. Such bonds shall be known as “Esmeralda County Court House Bonds.” The Funding Commissioners shall cause the bonds to be prepared and ready for use on the ninth day of April, eighteen hundred and eighty-three. When the bonds are so prepared and ready for issuance the Funding Commissioners shall cause the same to be sold as hereinafter provided. Said bonds shall be of the denominations of one hundred, two hundred, three hundred and one thousand dollars each, and shall each purport and state upon the face thereof that the county of Esmeralda is indebted to the holder, in gold coin of the United States, in the sum therein stated, with interest at a rate not exceeding seven per centum per annum, from and after the date of issuance, payable semi-annually on the ninth day of April of each year, the first half year’s interest to be paid on the ninth of October, eighteen hundred and eighty-three, and all interest to be paid at the office of the County Treasurer.

 


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κ1883 Statutes of Nevada, Page 105 (CHAPTER 79)κ

 

issuance, payable semi-annually on the ninth day of April of each year, the first half year’s interest to be paid on the ninth of October, eighteen hundred and eighty-three, and all interest to be paid at the office of the County Treasurer. One-half of the principal of such bonds as may be issued under authority of this Act shall be due and payable on the ninth day of April, eighteen hundred and eighty-eight, and the other half shall be due and payable on the ninth day of April, eighteen hundred and ninety-three, and the whole thereof shall be paid at the office of the County Treasurer of said county; and bonds shall be signed by the Chairman of the Board of County Commissioners of said county, countersigned by the Auditor and indorsed by the Treasurer, and shall be attested with the seal used by the Clerk of the Board of County Commisssoners. Said bonds shall have attached thereto coupons for the payment of the interest thereon semi-annually, and said coupons shall be numbered and shall respectively express the amount of interest due and when payable, and shall be signed by the Chairman of the Board of County Commissioners and the Treasurer. When interest shall be paid the coupon or coupons so retired shall be separated from the bond, delivered to and canceled by the Treasurer, who shall note the same on the register of said bonds kept by him in his office.

      Sec. 3.  Said Funding Commissioners shall keep a register of all bonds issued under the provisions of this Act, and note therein the number, date, amount and maturity of each. The Auditor and Treasurer shall each keep a similar register.

      Sec. 4.  When prepared and ready for issuance, the bonds herein provided for, or as many thereof as may be necessary for the purpose herein stated, shall be sold at not less than their par value, and the proceeds thereof not exceeding thirty thousand dollars (or so much thereof as may be required for the purpose herein stated) shall be used in erecting a court house and jail, and furnishing the same at the town of Hawthorne in Esmeralda county; provided, that suitable grounds for the erection of such buildings thereon at the town of Hawthorne be donated to the county free from all incumbrances.

      Sec. 5.  For the purpose of meeting the semi-annual interest on the bonds issued under this Act, there shall be levied and collected in the county of Esmeralda for the year eighteen hundred and eighty-three, and each year thereafter until and including the year eighteen hundred and eighty-seven, a special tax of not exceeding fifteen cents on each one hundred dollars of taxable property in the county. The money raised from such tax shall be placed in a fund to be called “The Court House Bond Fund” of Esmeralda county, and shall so far as necessary be applied to the payment of the interest on said bonds semi-annually at the times herein stated.

 

 

 

 

 

 

 

 

 

 

Coupons.

 

 

 

 

 

 

Register to be kept.

 

 

 

Bonds not to be sold less than par value

 

 

 

 

 

Tax to pay interest.

 


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κ1883 Statutes of Nevada, Page 106 (CHAPTER 79)κ

 

Fund.

 

Surplus.

 

 

Tax to pay principal.

 

 

 

 

 

 

 

 

 

 

If insufficient.

 

 

 

Tax to pay principal.

 

 

 

 

 

 

 

 

Deficiency.

in a fund to be called “The Court House Bond Fund” of Esmeralda county, and shall so far as necessary be applied to the payment of the interest on said bonds semi-annually at the times herein stated. The surplus, if any, shall annually be placed in the General Fund of said county, to be replaced in said “Court House Bond Fund.” When needed to pay any principal when due of said bonds, after the year eighteen hundred and eighty-seven, the special tax to pay interest on said bonds shall not exceed ten cents on each one hundred dollars of taxable property. For the years eighteen hundred and eighty-five and eighteen hundred and eighty-seven there shall be levied and collected in said county, to pay the one-half of the principal of said bonds to become due on the ninth day of April, eighteen hundred and eighty-eight, a special tax (in addition to the said special tax to pay interest on said bonds) of not exceeding twenty-five cents on each one hundred dollars of taxable property in said county, and if the money so raised annually shall not be applied as hereinafter provided, it shall be placed in the General Fund of said county until the ninth day of April, eighteen hundred and eighty-eight, when it shall be replaced in said “Court House Bond Fund” and applied to the payment of the one-half of the principal of said bonds then to be due; and if the amount so raised and in said “Court House Bond Fund” shall be insufficient to pay one-half of the principal of said bonds when due, then the sum lacking shall be made up out of the General Fund of said county.

      Sec. 6.  For the years eighteen hundred and ninety, eighteen hundred and ninety-one, eighteen hundred and ninety-two, there shall be levied and collected in said county (in addition to the special tax to pay interest on said bonds) a special tax of not exceeding fifteen cents on each one hundred dollars of taxable property in said county, and the money arising therefrom shall be applied to the payment of the half of the principal of said bonds to become due on the ninth day of April, eighteen hundred and eighty-three. If not appplied annually as hereinafter provided, the same shall be placed in the General Fund until the ninth day of April, eighteen hundred and ninety-three, then replaced in said “Court House Bond Fund” and applied, so far as needed, to pay said bonds, and the remainder, if any, placed in said General Fund, there to remain for the purposes of said fund. If said “Court House Bond Fund” shall not have sufficient money therein on the ninth day of April, eighteen hundred and ninety-three, to pay all of said bonds then unpaid, the deficiency shall be taken out of the General Fund.

      Sec. 7.  When at any time there shall be in said “Court House Bond Fund”

 


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κ1883 Statutes of Nevada, Page 107 (CHAPTER 79)κ

 

House Bond Fund” the sum of five hundred dollars or more not needed to pay interest for the then current year, the County Treasurer shall advertise for the surrender of bonds issued under this Act, for thirty days, in a newspaper published in San Francisco, California, and in one in this State, stating the amount of bonds he can redeem, and when the time will expire for their presentation, and if under such notice bonds be offered, he shall accept the lowest offer, but none for any sum in excess of principal and interest then accrued. If no offer be made under such notice, he shall then place the funds so advertised in the “General Fund” of the county, there to remain until replaced in the said “Court House Bond Fund” as provided in this Act.

      Sec. 8.  Whenever any coupons or bonds shall be paid under this Act, the Treasurer shall cancel the same according to law, and safely keep them until delivered by him to the Auditor as legally required.

      Sec. 9.  All taxes required by this Act to be levied, assessed, collected and deposited in the County Treasury of said county of Esmeralda shall be levied, assessed, collected and deposited in said Treasury at the same time, and in the same manner and by the same officers as other county taxes are levied, assessed, collected and deposited in said Treasury. No additional allowance or fees shall be paid to any officer for carrying out the provisions of this Act, but all necessary expenses incurred in so doing shall be paid by the county of Esmeralda.

 

When Treasurer to advertise time and newspapers

 

 

 

 

 

Treasurer to cancel bonds and coupons.

 

Taxes levied and collected, where deposited.

 

 

Necessary expenses paid.

 

________

 

CHAPTER 80

Chap. LXXX.–An Act defining the duties and privileges of Boards of County Commissioners and members of Boards of County Commissioners relative to the care of indigents, and to repeal an Act in relation thereto, approved February 14, 1881.

 

[Approved March 1, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  No Board of County Commissioners shall have power or privilege or be permitted to give assistance, relief, support, or in any way contribute to the relief or support of any indigent person except as hereinafter provided.

      Sec. 2.  Applicants for county aid or support shall file with the Clerk of the Board of Commissioners a sworn statement, which shall set forth the name and residence of the applicant (giving particular address),

 

 

 

 

 

 

 

 

 

 

Assistance to the indigent, when.

 

Applicants for aid to file statement.

 


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κ1883 Statutes of Nevada, Page 108 (CHAPTER 80)κ

 

What to contain.

 

 

 

 

 

 

 

 

On granting aid.

 

 

 

 

 

 

 

On requiring labor.

 

 

 

Poor House.

 

 

 

 

Subscribing witnesses, when liable.

 

 

 

 

Commissioners violating the aw

applicant (giving particular address), the duration of residence at such place; the character, location and value of all property owned by the applicant; all sources of income, and the monthly or annual amount thereof; all money, stocks, bonds, securities or other property of any description on hand, in bank or in the possession of any party and belonging to such applicant; together with a statement of the alleged cause of poverty, which statement shall be attested by two witnesses personally knowing the applicant, who shall certify that, to the best of their knowledge and belief, the statement of the applicant is correct and true, and that said applicant, without fault, is in need, and justly entitled to county support.

      Sec. 3.  The Board of Commissioners shall consider such application, and shall satisfy themselves of the truth or falsity of the statements contained therein before granting any aid thereon. They shall not grant aid upon such applications if it appears that the applicant is unworthy, is sufficiently provided for, or not for any reason entitled thereto. And if the statement of the claimant is found to be false, such aid so applied for shall be denied, and the Board shall direct the District Attorney to prosecute such applicant for perjury, who shall, if convicted, be punished as now provided by law for that offense.

      Sec. 4.  The Boards of Commissioners, when practicable, shall require all able-bodied adults applying for county aid to perform such labor, and for such time as they may think proper, upon the public highways, streets or as such other employment as to them may seem proper, as a condition precedent to granting aid; and they may purchase, erect or provide a County Poor House, and establish such rules for its maintenance and the government of its inmates as in their judgment will best serve the interests of the county; and the Board of Commissioners shall refuse aid to all applicants whose condition, situation or circumstances are such as to remove an actual necessity for demanding the same.

      Sec. 5.  The subscribing witnesses provided for in Section two of this Act shall be jointly and severally liable to the county in a sum equal to the amount donated or given by the county to the applicant indorsed by them, in case the statement of the applicant shall, in any material respect, be found untrue, or in case any statement of the subscribing witnesses shall be found untrue, and such amount shall be sued for and recovered as provided in civil actions for the recovery of debts.

      Sec. 6.  Any Board of County Commissioners granting aid, or any member of any such Board voting to grant aid to any person claiming to be indigent or in need, except as hereinbefore provided, or any Board of Commissioners, or any member of such Board,

 


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κ1883 Statutes of Nevada, Page 109 (CHAPTER 80)κ

 

any member of such Board, violating any provision of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty dollars nor more than three hundred dollars for each offense, and in default of the payment of the fine imposed shall be imprisoned in the county jail until such fine and all costs in the case are paid in cash, or at the rate of two dollars per day for the time imprisoned, and such officer shall be dismissed from office.

      Sec. 7.  An Act entitled “An Act amendatory of and supplementary to an Act to create a Board of County Commissioners in the several counties in this State and to define their duties and powers,” approved February fourteen, eighteen hundred and eighty-one, and all other Acts, so far as they conflict with this Act, are hereby repealed. This Act shall apply only in counties in which were polled two thousand (2,000) or more votes at the general election in eighteen hundred and eighty-two.

Misdem’nor

Punishm’nt

 

 

 

 

 

 

 

 

Counties applicable to.

 

________

 

CHAPTER 81

Chap. LXXXI.–An Act requiring County Commissioners to give bonds and providing additional security for the proper disbursement of public money.

 

[Approved March 2, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Each person elected or appointed to the office of County Commissioner in this State shall give bonds, as other county officers, in the sum of five thousand dollars before entering upon the discharge of the duties of such office. Said bonds shall be filed with the Recorder of the proper county, and by such Recorder presented or forwarded to the Judge of the district, whose duty it shall be to approve the same and return it to the Recorder. If such bond be not approved by the District Judge, he shall return it to the Recorder with his refusal indorsed thereon, and the Recorder shall immediately notify such Commissioner of the disapproval, and unless the Commissioner file a new and sufficient bond within fifteen days from the receipt of said notification, the office shall be deemed and held to be vacant, and upon notification of the vacancy, the Governor shall fill the same by appointment.

      Sec. 2.  The County Commissioners, their sureties, and the recipients of any money which may have been illegally paid out of the County Treasury in consequence of any order of the Board,

 

 

 

 

 

 

 

 

 

Official bonds.

 

Where filed

By whom approved.

If not approved new bond or office vacant

 


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κ1883 Statutes of Nevada, Page 110 (CHAPTER 81)κ

 

Commissioners, sureties and recipients, when liable

 

 

 

 

District Attorney, duties of

 

 

On employing counsel.

 

 

 

 

Costs returned.

 

 

 

 

 

 

Counties applicable to.

the recipients of any money which may have been illegally paid out of the County Treasury in consequence of any order of the Board, shall be jointly and severally liable for the amount, and any citizen may institute proceedings to recover the same; provided, that no Commissioner, nor his sureties, shall be held liable for any illegal payment when such Commissioner voted against the same or was absent when the same was ordered.

      Sec. 3.  In case no citizen shall within twenty days institute proceedings to recover money illegally or improperly paid out of a County Treasury, it shall be the duty of the District Attorney of said county to prosecute the proper action therefor, and in all such actions instituted by the District Attorney he shall be free to conduct the same without interference or instruction from the Board of Commissioners.

      Sec. 4.  No Board of County Commissioners shall employ any attorney or counsel so as to make the same a charge against the county unless such employment and the compensation therefor shall first be approved by the Judge of the Judicial District.

      Sec. 5.  Whenever any action or proceeding shall have been instituted by any citizen to recover money claimed to have been illegally paid out of a County Treasury shall result in the recovery of any money, all costs of court which shall have been paid out by such citizen shall be returned to him out of the money and costs so recovered, together with such reasonable counsel fees as may be directed by the Court in which the action is tried.

      Sec. 6.  All money excepting the costs and counsel fees mentioned in Section five of this Act shall be returned to the fund from which it was drawn.

      Sec. 7.  This Act shall apply to and affect all counties in which more than seventeen hundred votes were polled at the general election in 1882.

 

________

 

CHAPTER 82

 

 

 

 

 

 

 

Relief, amount of.

Chap. LXXXII.–An Act for the relief of M. Kyle.

 

[Approved March 5, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred and eighty-four dollars and seventy-five cents is hereby appropriated out of any money in the General Fund not otherwise appropriated to reimburse M. Kyle,

 


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κ1883 Statutes of Nevada, Page 111 (CHAPTER 82)κ

 

to reimburse M. Kyle, ex-Sheriff of Eureka county, Nevada, for money expended in the pursuit and attempted arrest, under a requisition of the Governor of Nevada, of one Charles Annis, a fugitive from justice from the State of Nevada.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant on the General Fund in favor of said M. Kyle for the sum of three hundred and eighty-four dollars and seventy-five cents, and the State Treasurer is hereby directed to pay the same.

 

 

________

 

CHAPTER 83

Chap. LXXXIII.–An Act to amend an Act entitled “An Act providing for the government of the towns and cities of this State,” approved February 26, 1881.

 

[Approved March 5, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections seven and nine are hereby amended to read as follows:

      Section Seven.  In all cases where towns or cities have issued interest-bearing coupon bonds, prior to the passage of the Act of which this is amendatory, and the same have matured and are now outstanding and unpaid, the County Treasurer shall, upon the presentation of said bonds and a demand made for the payment of the interest accrued thereon, pay the same; provided, that there is sufficient money in the “Redemption Fund” to do so. The Treasurer shall indorse the amount so paid upon the back of the bond, in red ink, as so much interest paid. He shall also take a receipt from the holder of said bond or bonds, which shall show the date that said money was paid, the amount so paid, the number of the bond, the date of issue and to whom issued. Said receipt shall be sufficient voucher for the County Treasurer in the settlement of his accounts. The interest on said bonds shall be due and payable at the same periods of time of the year that the coupons attached to said bonds were due and payable. Whenever at any time after the payment of the accrued interest on said outstanding bonds there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of said Treasurer to give ten days’ public notice that sealed proposals, directed to him, will be received for the surrender of indebtedness payable from said fund, which sealed proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of said notice.

 

 

 

 

 

 

 

 

 

Coupon bonds.

 

Maturity of.

 

 

Treasurer, duties of.

 

 

 

Voucher.

Interest.

 

 

 

Notice, publication of.

 


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κ1883 Statutes of Nevada, Page 112 (CHAPTER 83)κ

 

 

 

 

 

 

 

Bids accepted, duties of officers.

proposals shall be received by him at any time before the next regular meeting of the Board of County Commissioners held after the giving of said notice. Said notice shall be given by publication thereof in some newspaper published in the county, if there be one; if not, then by posting such notice in five public places of the town or city, the funds of which it is proposed to use in making the redemption mentioned in such notice.

      Section Nine.  When any bid or bids are accepted as provided in the last section, the Clerk of the Board of County Commissioners and County Treasurer shall each take a description of the evidences of the indebtedness to be redeemed, specifying the amount to be paid for each of the same, date, number and amount thereof, and make a record of the same in their respective offices, and thereupon the Board of County Commissioners shall direct said Treasurer to pay the indebtedness designated in the accepted bid or bids, and said Treasurer shall pay the same, and shall immediately cancel the evidences of indebtedness so paid by him by writing across the face thereof, in red ink, “redeemed,” adding thereto the time when the same was redeemed and the amount paid therefor; and shall sign the same officially. Such canceled evidences of indebtedness shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. But, in case that any of the bonds that are offered for redemption shall be of a greater denomination than the amount of money in the Redemption Fund, the Treasurer shall, upon the presentation of said bond or bonds, pay over to the holder of the same the amount of money so advertised, and for which he shall take his receipt. He shall also indorse upon the back of said bond, in red ink, the amount of money so paid as being for so much on the principal of said bond, after which time said bond shall only bear interest upon the amount of the principal due thereon. Said receipts shall be sufficient vouchers for the County Treasurer in the settlement of his accounts, and shall show the date that said money was paid, the amount, and to whom paid; also the number of the bond, the date of its issue, and to whom issued. The bid or bids specified in Section eight being equal, preference shall be given to those in which the greatest percentage is principal. That shall be deemed the lowest bid which offers the largest amount of indebtedness, including principal and interest, for the smallest percentage in amount of money. When two or more bids shall be equal in every respect, each shall be accepted, pro rata, as near as possible. The County Treasurer shall return, on demand, to the proper parties, all unaccepted bids, with the evidences of indebtedness which accompanied the same.

 


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κ1883 Statutes of Nevada, Page 113 (CHAPTER 83)κ

 

the same. This Act shall be in force and effect from and after its passage.

 

 

________

 

CHAPTER 84

Chap. LXXXIV.–An Act to amend an Act entitled An Act fixing the salaries of the various county officers of this State, and other matters relating thereto, approved March 11, 1879.

 

[Approved March 5, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section sixteen of said Act as amended March fourth, eighteen hundred and eighty-one, is hereby amended to read as follows:

      Section sixteen.  The Sheriff of Storey county may appoint one Under Sheriff, who shall receive a salary of one hundred and fifty ($150) dollars per month; but nothing in this Act shall be construed to affect the compensation of the present Under Sheriff; of Ormsby county, one at one hundred ($100) dollars per month; of Douglas, one at ($50) dollars per month; of Esmeralda, one at one hundred ($100) dollars per month; of Washoe, one at one hundred and twenty-five ($125) dollars; of Churchill, one at five ($5) dollars per month; of Humboldt, one at one hundred ($100) dollars per month; of Eureka, one at two hundred ($200) dollars per month; of Lander, one at one hundred and fifty ($150) dollars per month; and one Jailor at one hundred ($100) dollars per month; of Nye, one at one hundred ($100) dollars per month; of White Pine, one at fifty ($50) dollars per month; of Lincoln, one at fifty ($50) dollars per month; of Elko, one at one hundred and fifty dollars per month; provided further, that in counties having less than one thousand votes at the last general election the Deputy Sheriff shall act as Jailor of the courthouse.

      Sec. 2.  This Act shall be in force from and after its passage; provided, this Act shall expire and be inoperative on and after the first Monday in January, eighteen hundred and eighty-five.

 

 

 

 

 

 

 

 

 

 

 

Under Sheriffs.

 

 

 

 

 

 

 

Jailor.

 

 

Counties where Deputy Sheriffs act as Jailors.

 

 

When inoperative.

 

________

 

 


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κ1883 Statutes of Nevada, Page 114κ

CHAPTER 85

 

 

 

 

 

 

 

 

Amount.

Chap. LXXXV.–An Act to appropriate money to pay for the printing of the Nevada Reports.

 

[Approved March 7, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one thousand five hundred dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to pay the expenses to be incurred in printing the Nevada Reports for the years one thousand eight hundred and eighty-three and one thousand eight hundred and eighty-four.

 

________

 

CHAPTER 86

 

 

 

 

 

 

 

 

Salaried officers.

 

 

Salaries.

 

 

 

Takes effect

Chap. LXXXVI.–An Act fixing the salaries of certain county officers.

 

[Approved March 7, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The holders of all county offices which were either salaried or partly salaried prior to the passage of an Act entitled “An Act fixing the salaries of the various county officers in the several counties in this State and other matters relating thereto,” approved March eleventh, eighteen hundred and seventy-nine, shall be entitled to such salaries as their immediate respective predecessors received prior to the passage of the above-entitled Act, and such other compensation as shall be provided by law and in effect during the term for which such officer holds office.

      Sec. 2.  This Act shall take effect and be in force on the first Monday in January, A. D. eighteen hundred and eighty-five.

 

________

 

 


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κ1883 Statutes of Nevada, Page 115κ

CHAPTER 87

Chap. LXXXVII.–An Act forbidding certain county officers and their deputies from acting as notaries, and to prevent notaries from acting as such in the offices of certain county officers.

 

[Approved March 7, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  No person who now holds, or who shall hereafter be elected or appointed, to the office of County Clerk, County Recorder, Assessor or Sheriff in this State, nor any deputy of either of said officers, shall exercise any of the functions of a Notary Public, nor shall any Notary Public have his office, or transact any of the functions of a Notary Public in any County Clerk’s or County Recorder’s office.

      Sec. 2.  Any person who shall violate any of the provisions of the foregoing section of this Act shall forfeit to the county in which such violation occurred the sum of five hundred dollars. Such forfeiture shall be recoverable in an action in the name of the proper county; and it is hereby declared to be the duty of the District Attorney of such county, as soon as practicable, to institute suits for any such violations. The money recovered in such actions, as aforesaid, shall be paid into the School Fund of the county, and be apportioned as other school moneys; provided, that this Act shall not apply to any county in this State having a population of less than three thousand.

      Sec. 3.  This Act shall take effect immediately upon its passage.

 

 

 

 

 

 

 

 

 

Officers inelligible.

 

 

Notary office where not to be kept.

Violations, forfeiture.

 

 

District Attorney, duties of.

 

Counties applicable to.

 

________

 

CHAPTER 88

Chap. LXXXVIII.–An Act relating to the office of Public Administrators, and prescribing their duties.

 

[Approved March 7, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  There shall be elected in each organized county in this State, at the general election in A. D. eighteen hundred and eighty four, and at the general election every two years thereafter, a Public Administrator, who shall be ex-officio Coroner in and for his county.

 

 

 

 

 

 

 

 

 

 

Public Adminstrat’rs ex-officio Coroners.

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 116 (CHAPTER 88)κ

 

 

Oath.

Bond.

 

 

 

 

 

 

 

 

Amount of.

 

Additional bond.

 

Vacancy.

 

When to qualify.

 

 

 

 

Duties.

 

 

 

 

 

 

Compensation.

 

To report.

      Sec. 2.  Every Public Administrator, elected at the last general election, and who shall hereafter be elected, shall take the Constitutional official oath, and give such official bond as shall be in amount required and fixed by the Board of County Commissioners of his county, by an order duly entered in the minutes of such Board, to be conditioned, secured, approved, filed and recorded as the bonds of other county officers are, or may be required by law to be, and shall be so conditioned as to hold the principal and sureties liable for any breach thereof made, while acting, or illegally refusing to act, in either official capacity. The official oath shall be for the faithful performance of the duties of both offices, and shall be taken and subscribed upon both the certificate of election (or appointment, if appointed to fill a vacancy, as hereinafter provided) and the official bond; and that upon the bond shall be recorded with it; provided, the official bond of no Public Administrator shall be less than two thousand dollars; and provided further, that the County Commissioners may, upon reasonable cause therefor shown, require at any time a new bond, or an additional bond, to be given upon ten days’ notice in writing; and if not so given, shall thereupon declare the office vacant, and fill the vacancy by appointment for the remainder of the term; and shall, in like manner, fill a vacancy in said office arising from any other cause. Any person appointed to the office of Public Administrator, shall within ten days thereafter, qualify in the same manner as if elected thereto. Every person elected to fill said office shall qualify as in this section required, on or before the first Monday of January next after his election, and shall on that day enter upon the discharge of his official duties.

      Sec. 3.  The Public Administrator of each county shall have the right, and it is hereby made his duty to administer, according to law, upon the estate of any person who died intestate in, or was at the time of his or her death, a resident of the county, or had assets therein, not administered on in some other county, or of a deceased stranger, or of a deceased testate, when no executor is appointed, or if appointed fails to qualify, unless administered upon within one month after the death of the testate, or within the time provided by law for an intestate, by a relative by blood or marriage within the fourth degree of consanguinity or legal relation. For such administration he shall be paid as other administrators or executors are paid.

      Sec. 4.  Each Public Administrator shall on the first Monday in January and July, in each year, and at the termination of his official duties, make a verified written report to the District Judge having jurisdiction in the premises, of all estates of deceased persons which have officially passed into his hands,

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 117 (CHAPTER 88)κ

 

officially passed into his hands, the value of the same, the expenses, if any, paid thereon, and the balance of property, effects, or money, if any, remaining in his hands, and the judge to whom such report is made shall cause it to be made public, by publication or posting, as he may deem just and right.

      Sec. 5.  Each executor, administrator and Public Administrator, on final settlement of an estate and proper order of the Court having jurisdiction in the matter thereof, or before final settlement, upon the regular order of the Court aforesaid, shall pay over all moneys of such estate to the lawful heirs or legatees, or devisees thereof, and if there be none of either, then to the County Treasurer, and the County Treasurer shall pay the same to the State Treasurer, and if the same escheat to the State, the State Treasurer shall place the same in the fund devoted and pledged to educational purposes.

      Sec. 6.  No Public Administrator shall be interested in anywise in any expenditures of any kind, made on account of any estate of a deceased person upon which he is administering, save as necessarily made in the due course of such administration, nor shall he be associated in business with any one so interested, and he shall state in his semi-annual reports that he has not been so interested or associated.

      Sec. 7.  For any willful misdemeanor in office any Public Administrator may be indicted, tried, and if found guilty, fined in any sum not exceeding two thousand dollars and removed from office; but such fine and removal shall not bar any existing right of civil action upon his official bond.

      Sec. 8.  It shall be the duty of all persons, especially of all civil officers, to give all information in their possession to Public Administrators respecting estates and the property and condition thereof, upon which no other person has then administered. Public Administrators may, and it is hereby made their official duty to, institute, maintain and prosecute all necessary actions at law and in equity, for the recovery and for the protection of the property, debts, papers, or other estate of any deceased person upon whose estate they may be administering.

      Sec. 9.  Except as in this Act otherwise provided, Public Administrators, in administering upon estates, shall be governed by the same rules and laws by which other administrators or executors are.

      Sec. 10.  Public Administrators, when acting ex-officio as Coroners, shall be governed by the same laws by which Justices of the Peace are when so acting, and shall receive the same fees allowed them for such services.

      Sec. 11.  Each and every Public Administrator in this State who was elected at the last general election,

 

 

 

 

Final settlement.

 

 

 

 

Treasurer, escheat.

 

 

Administrator not to be interested.

 

 

 

 

 

Fine, removal from office, when

 

 

Information to Administrators.

May institute suits.

 

 

 

 

Rules and laws governing.

Acting Coroners.

 


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κ1883 Statutes of Nevada, Page 118 (CHAPTER 88)κ

 

To qualify.

 

 

 

Term of office.

 

 

 

Money paid into State Treasury, how recovered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrators to make application for letters, when.

 

 

 

 

Books and papers to be turned over to succes’rs

State who was elected at the last general election, who has not already qualified, shall qualify as provided in this Act within thirty days after its approval, and shall be governed and controlled in his office by the provisions of this Act, and shall be ex-officio Coroner in and for his county. They shall immediately, after so qualifying, enter upon the discharge of their official duties, and shall continue in office until the first Monday in January, eighteen hundred and eighty-five (A. D. 1885), and thereafter until their successors shall have been duly elected and qualified.

 

      Sec. 12.  Any money paid into the State Treasury under the provisions of this Act, excepting from an escheated estate, may be recovered by the rightful heirs or legatees thereof in the following manner, viz: Such heir or heirs, legatee or legatees, may present their claim therefor to the District Court, which had jurisdiction of the final settlement of the estate to which such money belonged, and make proof of the validity of such claim, after notice given to the Attorney General of the State, to the satisfaction of such court, under such rules as it may prescribe. If satisfied on the hearing that such claimant or claimants are rightfully entitled to the same, the court shall enter a decree that such money be paid to him or them. Such decree shall then be certified to the State Board of Examiners, stating the amount thereby found to be due, and the said Board shall allow the same, certify it to the Controller, who shall draw his warrant therefor on the Treasurer, and who shall pay the same; provided, no proceedings shall be maintained under the provisions of this section of this Act unless commenced within six years next after the final settlement of the estate to which they relate; and provided further, that all costs of such proceeding shall be paid by the applicant or applicants. If not applied for within six years, as above provided, or if applied for and not obtained, such moneys shall then by placed in the Irreducible School Fund of this State.

 

      Sec. 13.  Public Administrators are authorized to administer on the estate of any deceased person in any case where by law he is entitled to administer by virtue of his office, and shall be required to make formal application for letters of administration, as in the case of administrators, but he shall not be required to file or have approved any bond, except as such Public Administrator, in any case; provided, that the bond of any Public Administrator may be increased as provided in this or other Acts.

 

      Sec. 14.  Public Administrators shall, at the expiration of their terms of office, surrender up to their successors in office all the books or papers belonging or appertaining to said office, including all exhibits, estates, money and property in their possession.

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 119 (CHAPTER 88)κ

 

said office, including all exhibits, estates, money and property in their possession.

 

 

________

 

CHAPTER 89

Chap. LXXXIX.–An Act providing for the licensing of traveling merchants or soliciting agents, commonly known as drummers.

 

[Approved March 12, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every traveling merchant, soliciting agent, drummer, or other person not having a place of business in this State, selling or offering to sell any goods, wares or merchandise, to be delivered at some future time in this State, or carrying samples and selling, or offering to sell, goods, wares or merchandise of any kind, similar to said samples, to be delivered at some future time within this State, shall pay, before he commences the transaction of any such business, an annual State license to the State Controller as follows, to-wit: Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail liquor house or firm, shall pay the sum of two hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail grocery house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail crockery, queensware and glassware house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail dry goods house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail clothing house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail cigar and tobacco house or firm, shall pay the sum of one hundred and fifty dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail boot and shoe house or firm, shall pay the sum of one hundred and seventy-five dollars per annum.

 

 

 

 

 

 

 

 

Drummer law.

 

 

 

 

Annual license from Controller.

Amount for liquor.

 

 

Groceries.

 

Crockery, queensware and glassware.

 

Dry goods.

 

Clothing house.

 

Cigars and tobacco.

 

 

Boot and shoes.

 


…………………………………………………………………………………………………………………

κ1883 Statutes of Nevada, Page 120 (CHAPTER 89)κ

 

 

Woolen goods.

 

Drugs and medicines.

 

 

Jewelry.

 

Hardware.

Reductions to businessmen of Nevada.

 

 

 

Controller to issue license.

 

 

 

 

 

 

 

 

Misdem’nor

Punishmn’t

Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any woolen factory, house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail drugs, medicines and chemicals house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail jewelry house or firm, shall pay the sum of one hundred dollars per annum. Each and every such traveling merchant, soliciting agent or drummer, purporting to be the agent of any wholesale or retail hardware house or firm, shall pay the sum of one hundred dollars per annum. Any business man of this State, who desires, in addition to his regular business, to engage in any of the above occupations, shall be entitled to an annual license upon the payment of sixty dollars for liquor, and fifty dollars for all other of the above occupations above enumerated. On payment to the State Controller of the above-named sums by any person desiring to avail himself of the provisions of this Act, the State Controller shall issue to said person a license authorizing him to ply his vocation and vend the class of goods, wares and merchandise that he is soliciting for by samples or otherwise, for the period of one year from the date of such payment, and where, in the State of Nevada, and no other license shall be required of such person for so vending such goods, wares and merchandise for the time covered by the license so issued. All moneys received for the licenses provided for in this Act shall be paid into the General Fund of the State.

      Sec. 2.  Any traveling merchant, soliciting agent or drummer, who shall sell, or attempt to sell, by samples or otherwise, any goods, wares or merchandise of any kind, to be delivered at some future time, without first procuring the annual license provided for in this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not less than fifty dollars, nor more than five hundred dollars, or imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment. It is hereby made the duty of every Justice of the Peace, Constable, Sheriff, and all other peace officers, to demand the production of the license required in this Act of any such traveling merchant, soliciting agent or drummer, and if such person be found not have said license, he shall be punished as in this section provided.

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

 

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κ1883 Statutes of Nevada, Page 121κ

CHAPTER 90

Chap. XC.–An Act to provide for the consolidation of domestic and certain foreign corporations.

 

[Approved March 13, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All and any corporations heretofore or hereafter formed in the State of Nevada, and under its laws, upon the written consent or request of the holder or holders of three-fourths of the stock thereof, filed with the Secretary of the corporation to be affected, shall have the power and right to consolidate all corporate franchises and property of every name and nature with any other then existent corporation or corporations of the State of Nevada, or of any State or Territory in the United States of America, as may be agreed by the Boards of Trustees or Directors of the corporations consolidating.

      Sec. 2.  Such consolidation shall not relieve the consolidating corporations, or either of them, from any liabilities, nor shall it extinguish nor limit any franchise or right. It shall be evidenced by a certificate, under the corporate seals of the consolidating corporations, signed by the President and Secretary of each, briefly reciting the act or acts sought to be accomplished, and generally the property sought to be conveyed or assigned, together with the name of the receiving corporation, which may be that of either of the consolidating corporations, or a new one. Such certificate shall, without further conveyance or assignment, operate as a transfer of all property, real, personal or mixed, of the consolidating corporations to the new corporation. It shall be filed in the office of the Secretary of State, and a certified copy thereof shall at all times and all places be evidence of its contents; provided, that the consolidated company shall be and remain subject to the laws of the State of Nevada and the State or Territory respectively of which the corporation consolidated is the creature, and shall have in all respects the same privileges as though the consolidation had not taken place, and the same rights and privileges as if said consolidated company had incorporated in the State of Nevada.

      Sec. 3.  All Acts and parts of Acts in conflict with the foregoing sections, or any part thereof, are hereby repealed.

 

 

 

 

 

 

 

 

May consolidate, when and where.

 

 

 

 

 

 

Consolidation not to relieve liabilities.

How evidenced.

 

 

 

Certificate to operate.

 

 

 

Proviso.

 

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κ1883 Statutes of Nevada, Page 122κ

CHAPTER 91

 

 

 

 

 

 

 

 

Termini.

 

 

 

 

 

Grantees.

 

 

Construction, to commence, to complete in Nevada.

Gauge.

 

Rails.

 

Rates of fares and freights.

 

 

 

Powers, liabilities.

 

 

 

Franchise and rights when forfeited.

Chap. XCI.–An Act to grant the right of way and provide for the construction of the Nevada and Northern Railroad.

 

[Became a law March 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way to lay out, construct and operate a line of railroad, to keep in repair and use the same by running thereon cars propelled by steam for convenient and profitable use thereon, by such route as may be deemed most feasible and advantageous, from a point on the Central Pacific Railroad, at the town of Elko, Elko county, State of Nevada, or as near thereto as practicable, to the head waters of the Owyhee river, thence by such route as they shall select to the pine forests of Oregon, is hereby granted to J. Aug. Huichman, Samuel B. Smith, H. F. Stanwood, Joseph Knowlton, Jr., John Simpson, Charles Johnson, N. W. Scudder, W. R. Veals, John M. Crawford, J. J. Steward and their associates and assigns for the term of fifty years; provided, that the construction of said road shall be commenced within two years from the date of the passage of this Act, and shall be completed, so much of it as is located in this State, within five years thereafter. Said railroad shall be not less than thirty-six inches nor more than fifty-six and one-half inches in width.

      Sec. 2.  The parties aforesaid and their assigns may, in the construction of said road, use rails therefor and thereon of iron or steel, of such form and dimension as in their judgment they may deem proper.

      Sec. 3.  It shall be lawful for the parties aforesaid and their assigns to charge and receive for fares and freights at the rates now established or which may hereafter be established by law, for transportation over said railroad within the limits of the State of Nevada.

      Sec. 4.  That said parties, their associates and assigns in the conduct and management of said railroad, shall have all the powers and be subject to all the liabilities contained in an Act of the Legislature of this State entitled, “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, so far as the same are consistent with the provisions of this Act; provided, that unless the grantees under this Act shall within two years from the passage hereof commence work upon said railroad, the franchises and rights herein granted shall be forfeited.

 


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κ1883 Statutes of Nevada, Page 123 (CHAPTER 91)κ

 

said railroad, the franchises and rights herein granted shall be forfeited.

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      This bill having remained with the Governor ten days (Sundays excepted), after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has therefore become a law this 14th day of March, A. D. 1883.

JOHN M. DORMER, Secretary of State.

      By J. H. Marshall, Deputy.

 

 

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CHAPTER 92

Chap. XCII.–An Act in relation to County Assessors, their terms of office and compensation.

 

[Became a law March 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  There shall be elected at the general election in eighteen hundred and eighty-six, and every four years thereafter, in each organized county of this State, one County Assessor.

      Sec. 2.  The terms of office of County Assessors now in office shall expire on the first Monday in January, eighteen hundred and eighty-seven; provided, that at the end of the year eighteen hundred and eighty-four they shall give new official bonds for the ensuing two years in such amount as shall be fixed by the Board of Commissioners, secured in such manner as is now or may hereafter be required by law, and conditioned, approved and filed as legally required.

      Sec. 3.  The salaries of the County Assessors of the respective counties shall be as follows after the year eighteen hundred and eighty-four: The salary of the Assessor of Churchill county shall be six hundred dollars per annum; of the county of Douglas, seven hundred dollars per annum; of the county of Elko, three thousand dollars per annum; of the county of Esmeralda, two thousand dollars per annum; of the county of Eureka, three thousand dollars per annum; of the county Humboldt, two thousand five hundred dollars per annum; of the county of Lander, three thousand dollars per annum; of the county of Lincoln, three thousand dollars per annum; of the county of Lyon, twelve hundred dollars per annum; of the county of Nye, twelve hundred dollars per annum; of the county of Ormsby, fifteen hundred dollars per annum; of the county of Storey, two thousand four hundred dollars per annum; of the county of Washoe, fifteen hundred dollars per annum; of the county of White Pine, two thousand four hundred dollars per annum; and the same shall be the whole and only compensation allowed and paid to said Assessors for all official services by them rendered as such officers.

 

 

 

 

 

 

 

 

Assessors, when elected.

 

Assessors now in office term expire.

New bonds required, when.

 

 

Salaries after 1884.

 


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κ1883 Statutes of Nevada, Page 124 (CHAPTER 92)κ

 

No other compensation.

per annum; and the same shall be the whole and only compensation allowed and paid to said Assessors for all official services by them rendered as such officers.

      Sec. 4.  All Acts and parts of Acts heretofore passed so far as in conflict with the provisions of this Act, are hereby repealed.

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      This bill having remained with the Governor ten days (Sundays excepted), after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has therefore become a law this 14th day of March, A. D. 1883.

JOHN M. DORMER, Secretary of State.

      By J. H. Marshall, Deputy.

 

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CHAPTER 93

 

 

 

 

 

 

 

 

Termini.

 

 

 

 

Grantees.

 

 

Construction to commence, to complete in Nevada.

Gauge.

 

Rails.

 

Fares and freights.

Chap. XCIII.–An Act to grant the right of way and to provide for the construction of the Nevada Southern Railroad.

 

[Became a law March 14, 1883.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way to lay out, construct and operate a line of railroad, to keep in repair and use the same by running thereon cars propelled by steam for convenient and profitable use thereon by such route as may be deemed most feasible and advantageous from a point on the Central Pacific Railroad, at the town of Wells, Elko county, State of Nevada, or as near thereto as practicable, to the Colorado River by such route as they shall select, is hereby granted to F. Honeyman, G. H. Meigs, Jasper Harrell, Isaac Wiseman, John Sparks, Thomas Kane, C. W. Brooks, Morris Badt, S. V. Shull, Allan Fisher and their associates and assigns for the term of fifty years; provided, that the construction of said road shall be commenced within two years from the date of the passage of this Act, and shall be completed so much of it as is located in this State within five years thereafter. Said railroad shall not be less than thirty-six inches nor more than fifty-six and one-half inches in width.

      Sec. 2.  The parties aforesaid and their assigns may, in the construction of said road, use rails therefor and thereon of iron or steel, of such form and dimension as in their judgment they may deem proper.

      Sec. 3.  It shall be lawful for the parties aforesaid, and their assigns, to charge and receive for fares and freights at the rates now established or which may hereafter be established by law, for transportation over said railroad within the limits of the State of Nevada.

 


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κ1883 Statutes of Nevada, Page 125 (CHAPTER 93)κ

 

lished by law, for transportation over said railroad within the limits of the State of Nevada.

      Sec. 4.  That said parties, their associates and assigns, in the conduct and management of said railroad shall have all the powers and be subject to all the liabilities contained in an Act of the Legislature of this State entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, so far as the same are consistent with the provisions of this Act; provided, that unless the grantees under this Act shall, within two years from the passage hereof, commence work upon said railroad, the franchises and rights herein granted shall be forfeited.

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      This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by His Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and eighty-three.

JOHN M. DORMER, Secretary of State.

      By J. H. Marshall, Deputy.

 

 

Franchise and rights, when forfeited.

 

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