Chapter I.–An Act to amend section seven of an Act entitled “An Act to provide for the issuance of bonds by the county of Lyon, in order to provide for the payment of twenty-five thousand dollars of the bonds of said county heretofore issued and now outstanding,” approved February 9, 1887.

[Approved January 26, 1893.]

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

Assembly, do enact as follows:

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

      Section seven.  Whenever, on the first Monday of December, eighteen hundred and ninety-two, and any year thereafter after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Redemption and Interest Fund of five hundred dollars or upwards, the County Treasurer of said Lyon county shall proceed to advertise for not less than three weeks consecutively, in some newspaper published in Nevada, a notice inviting proposals for the surrender of the bonds provided for by this Act. Such advertisements shall state the time and place for receiving such bids, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with the County Commissioners, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals, at a rate not exceeding the par value, as may redeem the greatest amount of bonds until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be paid for by the money in said fund,

Duties of Treasurer in relation to bonds.

Manner of redeeming bonds.

the money in said fund, said County Treasurer and said Commissioners shall determine by lot which of said bonds so offered shall be paid first; and provided, further, that in case any bonds shall be offered at a discount, the lowest bids shall be accepted, and in case, on the day named for reception of proposals no bids for the surrender of bonds have been filed with the County Treasurer, or there be remaining in the Redemption and Interest Fund, after redeeming all bonds offered for redemption, a sufficient amount of money to redeem additional bonds, the County Treasurer and County Commissioners shall determine by lot which of said bonds shall be redeemed, and the County Treasurer shall then give notice, by publication in some newspaper, as hereinbefore provided in this section, that the bonds specified in said notice, if not presented for payment, shall cease to bear interest from and after twenty (20) days from the first publication of said notice.

Creating Legislative Fund.

Chap. II.–An Act to create a Legislative Fund.

[Approved January 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and per diem of the members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of thirty-five thousand ($35,000) dollars, which shall constitute the Legislative Fund.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrant on said fund in favor of the members and attaches of the Senate and Assembly for per diem, mileage, stationary allowances, 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 the General Fund.

Chap. III.–An Act to amend an Act entitled “An Act relative to attorneys and counsellors-at-law,” approved October 31, 1861.

[Approved January 31, 1893.]

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.  Any citizen of the United States of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, shall be entitled to admission as attorney and counsellor in all the courts of this State. Under this Act females shall have the same rights and privileges as males.

Females may practice law.

Chap. IV.–An Act to grant leave of absence to W. J. Dooley, County Treasurer of Lincoln county.

[Approved January 31, 1893.]

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

Assembly, do enact as follows:

      Section 1.  W. J. Dooley, County Treasurer of Lincoln county, is granted leave of absence from this State for the period of six months, at any time during the years 1893 or 1894, which he may select; provided, that he shall have and leave a competent deputy to discharge the duties of said office.

Leave of absence.

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

[Approved February 1, 1893.]

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 in their respective counties, the amount of all bills allowed by them, together with the names of the persons to whom such allowances are made; provided, that in counties where there are no papers published the Board of County Commissioners shall cause to be posted by the Clerk of said Board, at the door of the Court House in such county, the allowances provided for in this Act.

      Sec. 2.  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.

      Sec. 3.  An Act entitled “An Act providing for the publication of bills allowed by the Boards of County Commissioners in this State,” approved March 1, 1883, and all Acts amendatory thereof and supplementary thereto, passed and approved prior to the year 1893, are hereby repealed.

Duties County Commissioners.

Repeal.

J. A. Clark, leave of absence.

Chap. VI.–An Act to grant leave of absence of J. A. Clark, County Clerk of Lincoln county.

[Approved February 7, 1893.]

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

Assembly, do enact as follows:

      Section 1.  J. A. Clark, County Clerk of Lincoln county, is granted leave of absence from this State for the period of six months, at any time during the years eighteen hundred and ninety-three or eighteen hundred and ninety-four, which he may select; provided, he shall have and leave a competent deputy to discharge the duties of said office.

Nye county, funds may be transferred.

Chap. VII.–An Act to empower the Commissioners of Nye county to transfer surplus moneys from the Current Expense Fund and Contingent Fund into the Indigent Fund of said county.

[Approved February 8, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Commissioners of Nye county shall have power to transfer, from time to time, any surplus moneys from the Current Expense Fund and Contingent Fund of said Nye county into the Indigent Fund of said county, to pay claims that may hereafter accrue against said Indigent Fund of said county.

      Sec. 2.  Nothing in this Act shall be so constructed as to empower the Commissioners of said county to transfer any moneys from said Current Expense Fund and Contingent Fund of said county into said Indigent Fund that may be necessary to meet the full demands against the Current Expense Fund and Contingent Fund of said county.

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

Chap. VIII.–An Act to amend an Act entitled an Act to amend section one hundred and twenty-eight of an Act entitled “An Act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861; approved February 28, 1881.

[Approved February 8, 1893.]

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

Assembly, do enact as follows:

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

      Section one hundred and twenty-eight.  If on the return of the inventory of any intestate estate, it shall appear that the value of the whole estate does not exceed the sum of five hundred dollars, the Court or Judge shall, by a decree or order for that purpose, assign for the use and support of the widow and minor children of the intestate or for the support of the minor child or children if there be no widow, the whole of the estate, after the payment of the funeral charges and the expenses of administration; and there shall be no further proceedings in the administration, unless further estate be discovered; and whenever it shall be made to appear by affidavit or otherwise that the value of the whole of any estate or intestate estate does not exceed the sum of two thousand dollars, it shall be in the discretion of the Court or Judge to dispense with the regular proceedings, or any part thereof, any or all notices, except notice to creditors, and to shorten the time of all notices prescribed by this Act, for the purpose of a summary administration of the estate, and to order distribution of the estate at the end of the number of months the Court or Judge may order; provided, that notice to creditors shall have been given to present their claims within the number of months ordered by the Court or Judge. Any or all notices may be given for the time, and in the manner ordered by the Court or Judge, except that notice to creditors shall be published as often as the Court or Judge may order, in a newspaper published in the county, if the cost of such publication does not exceed five dollars,and unless otherwise ordered by the Court or Judge. No order of decree, except the decree of final settlement and discharge, shall be recorded at the expense of the estate. Such order and decrees not so recorded may be filed in the Clerk’s office, where they shall remain, and have the same effect for all purposes as though recorded. The executor or administrator shall, without unnecessary delay, after his appointment, give, either by publication in a newspaper published in the county, or in the manner ordered by the Court or Judge, the notice to creditors of the deceased, requiring all persons having claims against the deceased to exhibit them, with the necessary vouchers, within the number of months ordered by the Court or Judge, specifying in such notice said number of months, at the place of his residence, or transaction of business, to be specified in the notice. If the claim be not presented within such number of months it shall be forever barred; provided, that all claims against deceased not due may be presented within said number of months specified in such notice with the same effect as though due when presented. Every such claim which has been allowed by the executor or administrator and approved by the Judge, shall, by the claimant or her attorney, be filed with the Clerk of the Court within eight days after it is presented to the Judge, and shall then, and not otherwise, be ranked among the acknowledged debts of the estate, to be paid in due course of administration, and the Judge shall act on such claim within five days from the time it is presented to him, and a claim not so acted on by the Judge within said five days shall be deemed to be rejected and suit may be brought thereon accordingly.

Summary administration.

When it may be ordered.

Powers of Court and duties of County Clerk.

No fee or compensation.

Judge within said five days shall be deemed to be rejected and suit may be brought thereon accordingly. No fee or compensation whatever shall be charged or collected for the filing or registering any allowed and approved claim. Unless otherwise ordered by the Court or Judge, the fees and compensation to the Clerk’s office paid out of any estate shall not exceed the sum of fifteen dollars. The provisions of this Act shall only apply to estates wherein a summary administration is ordered, and to estates wherein it appears from the inventory that the value of the whole estate does not exceed the sum of five hundred dollars.

Fixing compensation of officers of Storey county.

Salary of county officers.

Chap. IX.–An Act to amend an Act entitled an Act amendatory of and supplemental to an Act entitled “An Act consolidating certain county and township offices in the State of Nevada and fixiug the salaries thereof, and other matters relating thereto,” approved March 12, 1885; approved March 9, 1889; approved March 21, 1891.

[Approved February 10, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section twelve of said amendatory Act, approved March 21, 1891, is hereby amended so as to read as follows:

      Section twelve.  The following named officers of Storey county shall receive in full payment for all services rendered by them, the following salaries: The Sheriff for services as Sheriff and ex-officio Assessor shall receive the sum of two thousand dollars a year. The Sheriff as ex-officio Assessor, may appoint not to exceed two deputy Assessors for the period of sixty days in each year, who shall receive five dollars a day for each day’s service performed, Sundays excepted. The County Clerk and ex-officio County Treasurer shall receive the sum of two thousand dollars a year. The County Clerk as ex-officio County Treasurer may appoint one Deputy Treasurer while he is acting in the capacity of Tax Receiver for the period of ninety days in each year, who shall receive the sum of four dollars a day for each day’s service actually performed. The County Recorder for services as County Recorder and ex-officio Auditor, shall receive the sum of eighteen hundred dollars a year. The District Attorney for services as District Attorney and ex-officio County Superintendent of Public Schools shall receive eighteen hundred dollars a year. Each County Commissioner shall receive for his services six hundred dollars a year. The Justice of the Peace for services as Justice of the Peace and ex-officio Coroner in any township wherein the number of votes cast at the last general election equaled or exceeded the number of sixteen hundred, shall receive the sum of nine hundred dollars a year and such fees in civil cases only as are allowed by law; provided such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases.

law; provided such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases. The Constable, wherein the number of votes equaled or exceeded the number of sixteen hundred, shall receive the sum of nine hundred dollars a year and such fees in civil cases only as are allowed by law; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases. The Justice of the Peace for services as Justice of the Peace and ex-officio Coroner in any township wherein the number of votes cast at the last general election equaled or exceeded the number of five hundred, shall receive the sum of four hundred and eighty dollars a year, and in addition thereto shall receive such fees as are now allowed by law; provided; such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases. The Constable, wherein the number of votes equaled or exceeded the number of five hundred, shall receive the sum of four hundred dollars a year, and in addition thereto such fees as are now allowed by law; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases. Nothing in this Act shall effect Justices of the Peace or Constables in any other than the county of Storey.

      Sec. 2.  This Act shall take effect from and after its passage, except the County Commissioner for the long term, elected in the year 1890, who shall receive his present salary until the expiration of his term of office.

Salary of Justice of the Peace.

Salary of Constable.

Chap. X.–An Act to amend section five hundred and eighty-eight of an Act entitled “An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

[Approved February 11, 1893.]

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

Assembly, do enact as follows:

      Section 1.  That section five hundred and eighty-eight of said Act be amended to read as follows:

      Section five hundred and eighty-eight.  Justices of the Peace may require of the plaintiff a deposit of money or an undertaking as security for all costs before issuing a summons.

Fees Justice of the Peace.

Relief of Jacob Eggers.

Chap. XI.–An Act for the relief of Jacob Eggers, Assessor of Elko county, on account of poll tax receipts lost, for which he had never received the tax.

[Approved February 11, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and thirty-eight ($138) dollars, is hereby appropriated out of any money in the General Fund, not otherwise appropriated, to be paid to Jacob Eggers, on account of forty-six poll tax receipts, which were lost in transit in the United States mail in October, 1892, and for which said Eggers never received the tax.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of said Jacob Eggers for the sum of one hundred and thirty-eight ($138) dollars, and the State Treasurer is hereby directed to pay the same.

Duties State Board of Agriculture.

Chap. XII.–An Act to amend an Act to provide for the management and control of the State Agricultural Society by the State, Approved March 7, 1885.

[Approved February 11, 1893.]

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

Assembly, do enact as follows:

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

      Section three.  Within ten days after their appointment, the persons so appointed shall qualify as required by the Constitution, and shall meet at the office of the State Agricultural Society, and organize by the election of one of their number as President, and one as Vice President of the Board and [of] said Society, who shall hold said offices of President and Vice President for the term of one year, and until their successors are elected and qualified. The Board shall also elect a Secretary and Treasurer, not of their number, who shall each hold office at the discretion of the Board.

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

      Section four.  At the same meeting the members of the Board shall, by lot, or otherwise, classify themselves into four classes of three members each. The terms of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second year; of the third class, of the third year; of the fourth class, at the end of the full term of four years. The fiscal year shall be from the first of December to the first of December.

Chap. XIII.–An Act to repeal an Act entitled “An Act fixing the salary of Justice of the Peace in and for Eureka township, Eureka county, State of Nevada, and other matters relating thereto,” approved March 10, 1891.

[Approved February 11, 1893.]

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

Assembly, do enact as follows:

      Section 1.  An Act fixing the salary of Justice of the Peace in and for Eureka township, Eureka county, State of Nevada, and other matters relating thereto, is hereby repealed.

      Sec. 2.  This Act shall take effect and be in force on and after the first Monday in January, eighteen hundred and ninety-five.

Salary of Justice of the Peace.

Chap. XIV.–An Act to prohibit certain live stock from running at large upon the streets, highways or commons of the cities and towns of the State of Nevada.

[Approved February 11, 1893.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for the owner or owners, or any person or persons having in charge any cow, calf, bull, steer, heifer, horse, gelding, mare, colt, jack, jenny, mule or any neat foot animal, or any number of such animals, to permit or allow them to run at large within the ordinary limits of any city or town of this State between the hours of six o’clock p. m. and seven o’clock a. m. of each day, during any period of the year. Said ordinary limits shall be defined as follows: Within an incorporated city or town, the limits shall be as defined in said incorporated clause or clauses; and within a town or city not incorporated in this State, the said ordinary limits shall be defined as follows: Within such city or town with fifty or more inhabitants, the said limits shall be defined as being within a radius of half mile, radiating from the postoffice of said city or town.

      Sec. 2.  It shall be the duty of the Sheriff, deputy and deputies, Constable and policemen of or in any town described in section one of this Act, to impound any or all animals mentioned herein.

      Sec. 3.  The owner or owners, agent or agents, or person or persons having charge of such animal or animals, shall be fined five dollars for each and every violation of this Act, and as much more, as in the discretion of the court having jurisdiction thereof, may deem a sufficient amount to cover all damages.

Live stock at large restricted.

Duties of Sheriffs and Constables.

Penalties.

When animals may be impounded and sold.

Duty of officers.

      Sec. 4.  Any officer, officers, person or persons named in section two of this Act, having in his charge, after they have been impounded, any of the animals mentioned in this Act, shall post a notice that such animal or animals are in his charge, and if not taken out by the owner or owners, agent or agents, person or persons in charge, by paying all costs, charges and damages, will be sold. After the expiration of ten days the officer or officers, person or persons having such animal or animals, and having given notice, as aforesaid, shall post three written or printed notices in conspicuous places in the town or city where such animal or animals have been taken up, describing the same, giving all marks or brands, if any, and that such animal or animals will be sold by him to pay the charges that have, and will have accrued, against the property, and the costs. He shall sell to the highest bidder, and upon payment of the purchase money shall turn over to the buyer the animal or animals sold, and after deducting the costs of impounding and all accrued costs, including the costs of feeding, keeping and selling, shall pay the balance, if any remains, into the county treasury, where it shall remain subject to the laws governing escheats.

      Sec. 5.  It is hereby made the duty of the several officers in this Act named, to enforce its provisions, and a failure to do so shall be deemed a misdemeanor, and any officer found guilty thereof shall be fined in a sum not exceeding twenty dollars.

      Sec. 6.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Bounty for the destruction of gophers.

Chap. XV.–An Act to amend an Act entitled “An Act to provide for the destruction of certain noxious animals,” approved March 13, 1891.

[Approved February 14, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 1 is hereby amended so as to read as follows:

      Section one.  If any person shall take and kill within this State any pocket gophers he shall be entitled to receive out of the treasury of the county within which such pocket gophers shall have been taken the following bounty, to-wit: For every pocket gopher, one and one-half cents; provided, no person shall be entitled to apply for or receive bounty money for any number of scalps less than one hundred at any one time, and all bounties to be paid for the object herein set forth shall be subject to the provision of this Act; and, further provided, that the term pocket gophers herein shall not include squirrels or chipmunks.

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

      Section two.  The person intending to apply for such bounty shall take the heads, or skin of the heads, with pockets attached, with the ears connected thereto, of the pocket gophers killed by him to some Justice of the Peace of the county wherein which such pocket gophers shall have been taken.

      Sec. 3.  Section 3 is hereby amended so as to read as follows:

      Section three.  The person claiming such bounty shall then be sworn by such Justice of the Peace, and state on oath the time and place when and where said pocket gophers for which a bounty is claimed by him, when taken and killed, and shall also submit to such further examination, on oath, concerning the killing and taking of such pocket gophers, as the Justice of the Peace may require.

      Sec. 4.  Section 4 is hereby amended so as to read as follows:

      Section four.  If it shall appear to the Justice of the Peace that the pocket gopher or pocket gophers have been taken and killed within the county, he shall cut off the ears from the scalp and destroy the said ears, and give to the person so sworn a certificate stating the number of scalps deposited with and destroyed by him. The said Justice of the Peace shall receive for each oath administered, twenty-five cents, and for each certificate, twenty-five cents, to be paid by the party applying for such bounty, and in no case to be a charge against the county.

      Sec. 5.  Upon the presentation to the Board of County Commissioners of the proper county of any such certificate, they are hereby authorized and directed to allow the amount due under the provisions of this Act to the person therein named, out of the General Fund of such county.

When bounty may be claimed.

Duties of Justice of the Peace.

Bounties allowed, how.

Chap. XVI.–An Act concerning the payment in money of debts and other obligations.

[Approved February 15, 1893.]

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

Assembly, do enact as follows:

      Section 1.  On and after the passage of this Act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money shall be payable, all stipulations in the contract to the contrary notwithstanding, in either the standard silver or gold coins and other legal money authorized by the Congress of the United States.

Debts to be paid in lawful money.

Chap. XVII.–An Act to ascertain and express the will of the people of the State of Nevada upon the subject of election of United States Senators.

[Approved February 15, 1893.]

      Whereas, It is expedient that the wishes of the people of this State upon the subject of the election of United States Senators should be unmistakably expressed; therefore,

Duties of Governor.

Duties of County Clerk.

Duties of Secretary of State.

Memorial to be prepared.

State upon the subject of the election of United States Senators should be unmistakably expressed; therefore,

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

Assembly, do enact as follows:

      Section 1.  That thirty days prior to the next general State election the Governor shall issue his proclamation calling upon the electors to signify at said election their will as to the method of the election of United States Senators, by placing upon the ballots the words “For the election of United States Senators by the direct vote of the people,” or the words “Against the election of United States Senators by the direct vote of the people;” and the Inspectors and the Judges of Election at each and every poll in the State shall ascertain and make returns of the number of votes cast “For the election of United States Senators by the direct vote of the people,” and the number of votes cast “Against the election of United States Senators by the direct vote of the people,” in like manner as other votes are required to be counted and returned, and an abstract thereof shall be transmitted by each County Clerk in the State to the Secretary of State in the same manner that votes for State officers are now required to be transmitted.

      Sec. 2.  The Secretary of State shall make a complete abstract of the votes given at said election, and certify the same to the Governor.

      Sec. 3.  The Governor shall prepare a memorial from the people of the State of Nevada, attested by the Secretary of State with the Great Seal of State attached, setting forth in brief the question submitted to the electors, and the vote thereon, and send copies thereof to the President and Vice-President of the United States, to each Cabinet Minister, Senator, Member of the House of Representatives and the Governor of each State and Territory in the United States of America.

Relief of W. L. Davis.

Chap. XVIII.–An Act for the relief of W. L. Davis.

[Approved February 16, 1893.]

      Whereas, At a regular meeting of the Board of County Commissioners of White Pine county, Nevada, held in said county on May 13, 1875, a claim (No. 623) of one M. W. Henry, for the sum of three thousand four hundred and twenty-one and thirty-five one hundredths dollars was allowed, and thereafter and on said day the County Auditor of said White Pine county did issue under his hand and official seal and deliver to said M. W. Henry certificate of indebtedness (No. 352) upon the General Fund in the County Treasury of said White Pine county, in favor of said M. W. Henry for said sum of $3,421 35, which said certificate has never been surrendered, canceled or paid; and,

      Whereas, After the issuance and delivery of said certificate to said M. W. Henry for the said sum of $3,421 35, and while the same was outstanding, unpaid and uncanceled, W. L. Davis became and was the owner and holder thereof,

became and was the owner and holder thereof, and while he was so the holder and owner of said certificate, and on or about June 2, 1891, the same was lost, or in some manner unknown to him destroyed, and he has not since said date been able to find said certificate or to obtain from said White Pine county payment of the sum of money for which said certificate was issued;

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

Assembly, do enact as follows:

      Section 1.  The County Commissioners of White Pine county are hereby authorized, required and directed to instruct the Auditor of said White Pine county to issue under his hand and official seal, and deliver to W. L. Davis, a certificate of indebtedness in his favor upon the General Fund in the County Treasury of said White Pine county for the sum of $3,421 35, in lieu of certificate of indebtedness No. 352, for the sum of $3,421 35, heretofore issued to and in favor of M. W. Henry, on May 13, 1875, upon said Davis first placing before said County Commissioners satisfactory evidence of the loss or destruction of said certificate.

Duties of County Commissioners.

Chap. XIX.–An Act relating to public reports and repealing all other Acts in relation thereto.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  All officers, Boards of Officers, Commissioners, Trustees, Superintendents, Regents and Directors required by law to make reports to the Governor or Legislature, except the State Controller and the State Treasurer, must send the original draft of such reports to the Governor on or before the third day of January in the year eighteen hundred and ninety-five, and in every second year thereafter. The State Controller must send his report to the Governor before the second Monday in January in the year eighteen hundred and ninety-four, and in every year thereafter, and the State Treasurer on or before the fifth day of January in eighteen hundred and ninety-four, and in every year thereafter.

      Sec. 2.  The Governor shall, upon receipt of such reports, submit the same to the State Board of Examiners, who shall examine, edit and revise each of said reports, and shall order such a number of each of said reports, or part or parts of each of said reports, printed as in their judgment will meet the requirements of law; provided, that in no case shall a less number of copies than fifty, nor a greater number of copies than fifteen hundred, be printed. The Board shall especially see that no matter shall be printed in more than one report, unless of great public interest.

      Sec. 3.  The Superintendent of State Printing must print such reports, or such part or parts of said reports, as may be ordered by the State Board of Examiners, in the manner designated by said Board, promptly after the receipt thereof, and distribute the same in accordance with the directions of said Board.

Relating to reports of State officers

Duties of Board of Examiners.

Duties of State Printer

Acts repealed.

ordered by the State Board of Examiners, in the manner designated by said Board, promptly after the receipt thereof, and distribute the same in accordance with the directions of said Board.

      Sec. 4.  Section sixteen of “An act to establish a State Printing Office and to create the office of Superintendent of State Printing,” approved March eleven, eighteen hundred and seventy-nine, is hereby repealed.

      Sec. 5.  An Act entitled “An Act to determine the order in which the reports of State officers and others shall be printed, and defining the number of copies thereof,” approved February twelve, eighteen hundred and eighty-five, is hereby repealed.

Fees of Coroners.

Chap. XX.–An Act to amend an Act entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada,” approved March 9, 1865.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of said Act is hereby amended so as read as follows:

      Section six.  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 the County Treasury as other demands. For all services by him while acting as Sheriff, the same fees as are allowed to Sheriffs for similar services.

Indictment in certain cases.

Chap. XXI.–An Act supplementary to an Act entitled “An Act to regulate proceedings in criminal cases in the Courts of Justice in the Territory of Nevada,” approved November 26, 1861.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  In every complaint or indictment for obtaining or attempting to obtain any chose in action, money, goods, wares, chattels, effects or other valuable thing, by false representations or by causing or procuring others to report falsely of his wealth or mercantile character, or by any false pretense whatsoever, it shall be a sufficient description of the offense to charge that the accused did, at a certain time and place, unlawfully obtain, or attempt to obtain, as the case may be, from A. B. his money or property,

from A. B. his money or property, describing it generally, where it can be done, by means and by use of a cheat, or fraud, or trick, or deception, or false representation, or false pretense, or confidence game, or false and bogus check, or instrument, or coin, or metal, as the case may be, with intent to cheat and defraud the said A. B.

Indictment in certain cases.

Chap. XXII.–An Act authorizing the Board of Trustees of Carson City, Nevada, to contract for water supplies for sewers, fire and other municipal purposes, and to let, rent, sell, or dispose of the discharged sewerage water of said city.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Trustees of Carson City, Nevada, are hereby authorized and empowered to contract, upon such terms and conditions as in the judgment of the said Board of Trustees may be for the best interests of the citizens of said city, for an adequate supply of water for sewers, fire, or other municipal purposes; provided, that no such contract shall be made for a longer period of time than ten years.

      Sec. 2.  The Board of Trustees of said Carson City are hereby authorized and empowered to let, rent, sell, or dispose of the sewerage water discharged from the sewers of said city, for such periods of time and upon such terms and conditions as in the judgment of the said Board of Trustees may be for the best interests of the citizens of said city.

      Sec. 3.  This act shall be in force from and after its passage.

Duties of Board of Trustees Carson City.

Chap. XXIII.–An Act providing for the payment of a portion of the moneys collected for county licenses for the sale of liquors into the city treasury of incorporated cities within such county.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  In every county in this State which now has or may hereafter have a duly incorporated city government, it shall be the duty of the License Collector of said county to pay into the city treasury one-half of the amount of license moneys collected from any person or persons for disposing of any spirituous, malt or fermented liquors, or wines, in less quantities than one quart, within the corporate limits of said city.

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

Apportionment of license in incorporated towns.

Relief of G. Lewis.

Chap. XXIV.–An Act to compensate G. Lewis for services rendered the Sixteenth session of the Nevada Assembly.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of fifty-one dollars is hereby appropriated out of the Legislative Fund of the State Treasury to be paid to G. Lewis for services rendered as acting porter of the Assembly from the sixteenth day of January, eighteen hundred and ninety-three, to the second day of February.

      Sec. 2.  The Controller shall draw his warrant in favor of G. Lewis for the sum of fifty-one dollars and the State Treasurer shall pay the same.

Leave of absence, H. W. Turner.

Chap. XXV.–An Act granting leave of absence to Henry W. Turner, Recorder of the county of Lincoln.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Leave of absence from the county of Lincoln and State of Nevada is hereby granted to Henry W. Turner, County Recorder of Lincoln county, for the period of six months, at any time during his present term of office; provided, the said H. W. Turner shall leave in his place during his absence a competent deputy to perform the necessary work of his office.

Deficiency bill.

Chap. XXVI.–An Act to pay the deficiencies in the appropriations for the years 1891 and 1892.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one thousand nine hundred and forty-seven dollars and ninety-nine cents is hereby appropriated out of any moneys in the General Fund of the State, for the payment of the deficiencies in the appropriations for the years 1891 and 1892, as follows: To Evan David, $60; to Peter Wagner, $60; to J. J. Glazmer, $60; to W. B. Goodman, $60; to F. W. Woodward, $60; to Eugene Sweeney, $60; to John Sheehan, $60; to George Cutting, $60; to John G. Fox, $12; to Morning Appeal, $8; to Carson Electric Light Company, $50; to C. W. Rickey, $312; to J. W. Robinson, $31; to Nevada Tribune,

Tribune, $13 50; to Cagwin and Noteware, 75 cents; to L. H. Bell, $533 90; to Daily Evening Tribune, $15; to A. C. Hofer and Bro., $1 20; to Jacob Muller, 90 cents; to Geo. C. Thaxter, $1 15; to E. B. Rail, $16 43; to J. M. Benton, $15; to Olcovich Bros., $19 86; to A. Dias, $52 65; to Jos. Platt, $3 60; to Rev. Hyslop, $5; to Rev. Bird, $5; to Rev. Pearce, $5; to S. L. Lee, $125; to California Institution for Deaf, Dumb and Blind, $241 05.

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

Deficiency bill.

Chap. XXVII.–An Act authorizing the destruction of wild, unbranded stallions found running at large on Government range lands.

[Approved February 17, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Any person or persons are hereby authorized, and it shall be lawful for him or them to kill any wild, unbranded stallion found running at large on any of the Government range lands in the State of Nevada.

Stallion at large.

Chap. XXVIII.–An Act to amend an Act entitled “An Act consolidating certain county offices in Lyon county, and regulating the compensation of the county officers in said county,” approved March 16, 1891.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of said Act is hereby amended so as to read as follows:

      Section three.  The County Clerk, as ex-officio County Treasurer, shall receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all his services, both as County Clerk and ex-officio County Treasurer. He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury. He shall furnish the Board of County Commissioners every three months, commencing with the first Monday of January in each year, an itemized statement, under oath, of the amount of fees so collected and date of entry on the books of the Treasurer’s office when said fees were turned into the county treasury.

Salaries of certain officers in Lyon county

Salaries of certain officers in Lyon county

      Sec. 2.  Section 4 of said Act is hereby amended so as to read as follows:

      Section four.  The County Recorder, as ex-officio County Auditor, and also as ex-officio Superintendent of Public Schools, shall receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all his services, both as County Recorder, ex-officio County Auditor and ex-officio Superintendent of Public Schools. He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be paid into the county treasury on the first Monday of each month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month, and also a duplicate copy thereof to the Board of County Commissioners.

      Sec. 3.  Section 5 of said Act is hereby amended so as to read as follows:

      Section five.  The Sheriff, as ex-officio County Assessor, shall receive an annual salary of fifteen hundred dollars, and shall receive for all services and duties to be performed by him as Sheriff, all fees now allowed by law, which together with his salary as ex-officio County Assessor, shall be in full compensation for all services and duties to be performed by him as both Sheriff and ex-officio County Assessor.

      Sec. 4.  Section 7 of said Act is hereby amended so as to read as follows:

      Section seven.  The County Commissioners of Lyon county, after the expiration of the terms of office of the present incumbents, shall each receive an annual salary of three hundred dollars and mileage allowed by law.

Relief of J. Poujade.

Chap. XXIX.–An Act to reimburse J. Poujade for money expended for clerical assistance in State Library while necessarily engaged in the performance of other official duties.

[Approved February 18, 1893.]

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-eight dollars is hereby appropriated out of any moneys in the General Fund, not otherwise specially appropriated, to be paid to J. Poujade, Lieutenant Governor of the State of Nevada, to reimburse him for moneys paid for clerical assistance in the State Library while said J. Poujade was actually and necessarily engaged in other official duties as required by law.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of J. Poujade for the sum of two hundred and fifty-eight dollars, and the State Treasurer is hereby directed to pay the same.

Chap. XXX.–An Act to authorize the Board of County Commissioners of Washoe county to issue bonds on the property of the town of Wadsworth, in said county, for protection against fire, and matters relating thereto.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of providing protection against fire in the town of Wadsworth, the Board of County Commissioners of Washoe county, State of Nevada, is hereby authorized te issue bonds for a sum not exceeding five thousand dollars, in United States lawful money.

      Sec. 2.  Said bonds shall be of the denomination of five hundred dollars each, and shall be numbered respectively [consecutively], and shall bear interest at the rate of not to exceed seven per centum per annum, payable annually, to-wit: on the fifteenth day of December of each year. They shall purport that the holder thereof has due him from the county of Washoe a sum of money, to be expressed therein. Coupons for interest shall be attached to each bond.

      Sec. 3.  The bonds and coupons herein provided for shall be signed by the Chairman of the Board of County Commissioners, countersigned by the County Clerk, and authenticated with the county seal of said Washoe county.

      Sec. 4.  Said bonds shall be sold at not less than their par value, and all moneys received from the sale thereof shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Wadsworth Fire Department Fund, which shall be applied to the payment of demands accrued for fire purposes in the town of Wadsworth, and shall be allowed and paid in the same manner as claims against counties are allowed and paid. The County Treasurer shall be liable, on his official bond, for the safe keeping of said money which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 5.  The boundaries of said town of Wadsworth, for the purpose of this Act, shall be, and are hereby made the same as defined [define] the boundaries of Washoe School District in said Washoe county.

      Sec. 6.  The principal of such bonds, as may be issued under authority of this Act, shall be due and payable as follows, to wit: Bonds numbers one and two on the fifteenth day of December, eighteen hundred and ninety-four; numbers three and four on the fifteenth day of December, eighteen hundred and nine-five; numbers five and six on the fifteenth day of December, eighteen hundred and ninety-six; numbers seven and eight on the fifteenth day of December, eighteen hundred and ninety-seven; numbers nine and ten on the fifteenth day of December, eighteen hundred and ninety-eight.

Protection of Wadsworth against fire.

Description of bonds.

County Treasurer liable.

Bonds, when payable.

Funds provided for redemption.

Duties of Board of County Commissioners.

      Sec. 7.  For the purpose of providing for the payment of the principal and interest of said bonds, herein authorized to be issued, the Board of County Commissioners of said county shall, in the years eighteen hundred and ninety-three, eighteen hundred and ninety-four, eighteen hundred and ninety-five, eighteen hundred and ninety-six, and eighteen hundred and ninety-seven, and eighteen hundred and ninety-eight, at the time of levying taxes for State and county purposes, and in the same manner levy a special and additional tax of not exceeding fifteen cents on each one hundred dollars of taxable property, situated within the boundaries of said town of Wadsworth, which shall be assessed and collected the same as other taxes, paid to the County Treasury, and the money raised from such tax shall be placed in a fund to be known as the “Wadsworth Fire Department Redemption Fund,” and applied to the payment of the principal and interest of said bonds.

      Sec. 8.  The County Commissioners of Washoe county are hereby authorized and directed to do all such other acts towards the organizing, maintenance, and management of said fire department, in the town of Wadsworth, as may be necessary under the provisions of an Act entitled “An Act providing for the government of the towns and cities of the State,” approved February twenty-sixth, eighteen hundred and eighty-one.

When live stock may range.

Damages, how recovered.

Chap. XXXI.–An Act to prevent trespass upon real estate by live stock, fixing damages therefor, and other matters relating thereto, and to repeal an Act entitled “An Act to prevent trespass upon real estate by live stock, and other matters relating thereto,” approved March 15, 1889.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person or persons to herd or graze any live stock upon the lands of another without having first obtained the consent of the owner or owners of the land so to do; provided, that the person claiming to be the owner of said lands has the legal title thereto, or an application to purchase the same, with first payment made thereon.

      Sec. 2.  The live stock which is herded or grazed upon the lands of another, contrary to the provisions of the first section of this Act, shall be liable for all damages done by said live stock while being unlawfully herded or grazed on the lands of another, as aforesaid, together with costs of suit and reasonable counsel fees, to be fixed by the court trying an action therefor, and said live stock may be seized and held by writ of attachment issued in the same manner provided by the general laws of the State of Nevada, as security for the payment of any judgment which may be recovered by the owner or owners of said lands for damages incurred by reason of a violation of any of the provisions of this Act,

said lands for damages incurred by reason of a violation of any of the provisions of this Act, and the claim and lien of a judgment or attachment in such an action shall be superior to any claim or demand which arose subsequent to the commencement of said action.

      Sec. 3.  This Act shall not apply to any live stock running at large on the ranges or commons.

      Sec. 4.  An Act entitled “An Act to prevent trespass upon real estate by live stock, and other matters relating thereto,” approved March 15, 1889, is hereby repealed.

Act repealed

Chap. XXXII.–An Act to amend section fourteen of an Act to amend an Act entitled “An Act to establish a State Printing Office and to create the office of Superintendent of State Printing,” approved March 11, 1879, and to add certain sections to said Act, approved March 4, 1881.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 14 of the above entitled Act is hereby amended so as to read as follows:

      Section fourteen.  There shall be printed of the statutes of each Legislature eight hundred copies, and each copy shall be bound in calf, and the volume so bound shall contain the laws, resolutions and memorials passed at each legislative session, the report of the State Treasurer, the Constitution of the United States and the Constitution of the State of Nevada. No other report or thing whatever shall be bound therewith.

Statutes to embrace what.

Chap. XXXIII.–An Act concerning Grand Juries, defining their number and prescribing the manner in which they shall be drawn.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the District Judge, or in the absence of the District Judge, the County Clerk, and any one of the County Commissioners of the county, at least once in each year, and as much oftener as the public interests may require, to select from the jury list twelve persons, who shall be summoned to appear as grand jurors at such time as the Judge may order; a list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the County Clerk’s office, and the Clerk shall issue a venire directed to the Sheriff of the county,

Duties of District Judge and County Clerk as to drawing grand juries

Clerk shall issue a venire directed to the Sheriff of the county, commanding him to summon the twelve persons so drawn as grand jurors to attend in court at such time as the Judge may have directed, and the Sheriff shall summon such grand jurors, and out of the number so summoned the court shall select ten persons who shall constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number sufficient to complete the grand jury shall be selected from the jury list by the Judge and Clerk, and summoned to appear in court at such time as the Judge may direct.

      Sec. 2.  That section eight of an Act entitled “An Act concerning juries,” approved March 5, 1873, and the Acts amendatory of said section, approved February 14, 1879, and approved February 8, 1881, so far as the same amends said section eight, are hereby repealed.

James Quirk has leave of absence.

Chap. XXXIV.–An Act granting leave of absence to James Quirk, Sheriff and ex-officio Assessor of Storey county.

[Approved February 18, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Leave of absence from Storey county and State of Nevada is hereby granted to James Quirk, Sheriff and ex-officio Assessor of said county, for the period of three months, to be taken during either one of the years eighteen hundred and ninety-three or eighteen hundred and ninety-four; provided, said James Quirk shall leave in his place during his absence a competent deputy or deputies to perform the necessary work of his office.

Duties of Secretary of State multiplied.

Chap. XXXV.–An Act to consolidate certain State offices in the State of Nevada.

[Approved February 20, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Secretary of State shall be ex-officio Clerk of the Supreme Court and ex-officio State Librarian. The Governor’s Private Secretary shall be ex-officio Adjutant General, and as such officers and ex-officio officers, they shall severally perform the duties required by law.

      Sec. 2.  An Act entitled “An Act to consolidate certain State offices in the State of Nevada,” approved March 9, 1891, is hereby repealed.

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

Chap. XXXVI.–An Act to define the manner of electing County Commissioners.

[Approved February 21, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Whenever twenty per cent. or more of the qualified electors of any county in this State shall petition the Board of County Commissioners of their county to that effect, it shall be the duty of the County Commissioners of such county, on or before the first Monday in July preceding any general election, to divide the county into three districts to be known as “Commissioner Districts.” Such division shall be made to conform to the established boundaries of election precincts or wards, and each and every election precinct or ward shall be wholly within one of the Commissioner Districts herein provided for. Each Commissioner District shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; provided, that in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a Commissioner District.

      Sec. 2.  It shall be the duty of the Board of County Commissioners to cause to be published in some newspaper in the county, if there be one, and if not, then by the posting at the door of the Courthouse, and one or more conspicuous places in each of the Commissioner Districts, a notice specifying the election precincts or wards embraced in each of the Commissioner Districts so established. Such notice shall be posted or published for a period not less than twenty days prior to each general election.

      Sec. 3.  The Commissioner designated in the statute as the “long term” Commissioner shall represent the district in which he resided when elected, and at the general election in the year eighteen hundred and ninety-four, and every two years thereafter, there shall be elected a Commissioner from each of the remaining districts, one for the “long term” and one for the “short term,” as now provided by law.

      Sec. 4.  County Commissioners shall be elected by the qualified electors of the district wherein they reside in the same manner as township officers are now elected.

County Commissioners may be elected, how

Terms of office.

Chap. XXXVII.–An Act licensing the sale of cigarettes.

[Approved February 21, 1893.]

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, A. D. eighteen hundred and ninety-three, the quarterly license for the sale of cigarettes or cigarette paper shall be one hundred and fifty dollars.

Cigarettes may be sold, when.

the sale of cigarettes or cigarette paper shall be one hundred and fifty dollars.

      Sec. 2.  Any person, firm, association or corporation engaged in dealing, in selling, giving away or offering to sell cigarettes or cigarette paper after the first day of July, eighteen hundred and ninety-three, shall take out a quarterly license provided for in Section 1 of this Act.

      Sec. 3.  Any person, firm, association or corporation, or the managing agent of any person, firm, association or corporation, violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined for each and every offense in any sum not less than one hundred dollars nor more than five hundred dollars.

      Sec. 4.  The license provided for in this Act shall be collected and accounted for in the same manner as other licenses for State and county purposes are now collected.

State Agricultural Society, appropriation for.

Chap. XXXVIII.–An Act to pay the deficiencies in the State Agricultural Society for improvements made on the buildings and grounds during the years 1891 and 1892.

[Approved February 21, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of six thousand five hundred dollars is hereby appropriated out of any money in the General Fund of the State for the payment of deficiencies in the appropriations for the years 1891 and 1892, as follows: To the State Agricultural Society, $6,500.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the State Agricultural Society for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same.

Chap. XXXIX.–An Act to compensate Sardis Summerfield for services rendered in the action of James D. Torreyson, Attorney General, relator, vs. O. H. Grey, Secretary of State, respondent, under employment of the Joint Committee on Constitutional Amendments.

[Approved February 21, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada,

Nevada, not otherwise appropriated, to be paid to Sardis Summerfield for services rendered in the Supreme Court of the State of Nevada in the action of James D. Torreyson, Attorney General, relator, vs. O. H. Grey, Secretary of State, respondent, under employment of the Joint Committee on Constitutional Amendments.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of Sardis Summerfield for one hundred dollars, and the State Treasurer is hereby directed to pay the same.

Sardis Summerfield, appropriation for.

Chap. XL.–An Act to authorize the County Commissioners of Washoe county to issue a bond for a public park in the town of Reno, Washoe county, Nevada.

[Approved February 21, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Washoe county are hereby authorized to issue a bond of said county, in the sum of ten hundred ($1,000) dollars, for the purpose of purchasing two lots of land in fromt of the Courthouse within the town limits of Reno, from William Thompson, at a sum not to exceed ten hundred ($1,000) dollars, and said real estate so purchased shall be for the use and benefit of the people as a public park.

      Sec. 2.  The Commissioners shall cause such bond to be prepared, and it shall be signed by the Chairman of the Board, and countersigned by the County Clerk, and authenticated with the seal of the county. Coupons for interest shall be attached to said bond, so they may be removed without injury to the said bond, consecutively numbered and signed by the County Treasurer.

      Sec. 3.  The Commissioners are hereby authorized to negotiate the sale of said bond at not less than its face value, the proceeds of which shall be placed in the County Treasury, and placed in the Reno Park Fund of said county for the purpose mentioned in this Act.

      Sec. 4.  The bond shall be of the denomination of ten hundred ($1,000) dollars, with interest thereon not to exceed six per cent. per annum, payable on the first Monday of December in the year when such bond shall have been issued, and every twelve months thereafter, and on the first Monday in December in the year A. D. eighteen hundred and ninety-eight, said bond shall be paid and taken up.

      Sec. 5.  For the purpose of creating a fund for the payment of said bond hereby authorized, the Board of County Commissioners of Washoe county is hereby empowered and directed to include in the levy in each year, commencing in eighteen hundred and ninety-three, for Reno town purposes, a tax upon the assessed value of all real and personal property within the limits of said town of Reno,

Duties County Commissioners relating to park at Reno

Form of bonds.

Bonds provided for.

the assessed value of all real and personal property within the limits of said town of Reno, sufficient to pay all of such bond and interest, as the same may become due and payable, until the same shall have been fully paid, and such additional tax shall be kept by the County Treasurer for such purposes, and shall not be diverted to any other purpose whatever, until all of said bond and interest shall have been fully paid.

Government of Orphans’ Home.

Chap. XLI.–An Act to amend an Act entitled “An Act for the government and maintenance of the State Orphans’ Home,” approved March 1, 1873.

[Approved February 23, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 9 of the above entitled Act, approved March 1, 1873, is hereby amended so as to read as follows:

      Section nine.  Upon complying with the requirements of this Act, all orphans under fourteen years of age may be admitted to the State Orphans’ Home; provided, no orphan ever shall be admitted to, or received into, said State Orphans’ Home who is either an insane person, an idiot, or a person so mentally or physically deformed as to be incapable of receiving the elements of an education in the usual English branches. For the purposes of this Act, the age of majority for all orphans that are or may be wards of the State, shall be eighteen years.

Regulating licensed gambling.

Chap. XLII.–An Act to amend an Act entitled “An Act to restrict gaming and to repeal all other Acts in relation thereto,” approved March 8, 1879.

[Approved February 23, 1893.]

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

Assembly, do enact as follows:

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

      Section seven.  The licensee shall not carry on his game in any front room on the first or ground floor of any building, and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties, for violation of its provisions, as are prescribed in section one of this Act.

Chap. XLIII.–An Act to continue the right and grant conferred under and by virtue of an Act entitled “An Act to supply the town of Austin with water,” approved February the 16th, 1864; passed at the third regular session of the legislative Assembly of the Territory of Nevada, for fifteen years from the first day of March, 1893.

[Approved February 23, 1893.]

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

Assembly, do enact as follows:

      Section 1.  That the right given to Isaac C. Bateman, his associates and assigns, in the Act entitled “An Act to supply the town of Austin with water,” approved February sixteenth, eighteen hundred and sixty-four, shall be, and the same is hereby extended for the term of fifteen years from the first day of March, eighteen hundred and ninety-three, subject, however, to all the conditions, regulations, provisions and restrictions contained in the said Act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted.

      Sec. 2.  The town of Austin shall have the right, on giving three months notice of its intention so to do, to purchase all the works and privileges hereby granted, which may be in use for supplying water to said town, at their true value, to be determined by three appraisers; one to be selected by the owners of said grant and works, one by the authorities of the town of Austin and the third by the two appraisers so selected, and their decision shall be final.

Relating to water for town of Austin.

Chap. XLIV.–An Act to prevent the dissemination of contagious diseases among sheep; to provide for the appointment of Sheep Inspectors in the several counties of this State, and to define their duties and compensation.

[Approved February 23, 1893.]

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 several Boards of County Commissioners in this State, at their first regular meeting in April, eighteen hundred and ninety-three, and annually thereafter, upon the petition of two or more sheep-owners, to appoint an Inspector of sheep for each of the counties in this State, who shall reside in the county for which he is appointed. Each Inspector so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the State of Nevada, for the use of the respective counties thereof,

Duties of County Commissioners.

Duties of Inspector of sheep.

Deputies may be appointed, when.

Duties of Inspector as to sheep coming into the State.

ive counties thereof, with two or more sureties, to be approved by the Board of County Commissioners, conditional [conditioned] for the faithful performance of his duties, and in such sum as the County Commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and enforcement of the requirements of this Act.

      Sec. 2.  Said Inspector is hereby empowered (and it shall be his duty) to administer oaths and to personally examine all sheep and bands of sheep in his county every year, between the first day of April and the first day of July, and again between the first day of September and the first day of December of each and every year; and also, at any time he may be called to do so, by request in writing, of at least five persons owning or controlling any sheep, or band of sheep. Said persons making a written statement that said sheep (stating their locality and name of owner) are affected with some infectious or contagious disease; to at once proceed to examine said sheep, and if upon examination said sheep are found to be affected or infected with any infectious or contagious disease, and there is imminent or immediate danger of the spreading of said disease, and that it will cause great and irreparable injury to other owners in the vicinity of said infected or affected sheep, the said Inspector shall forthwith issue his orders quarantining said sheep, and he shall engage a sufficient number of persons to hold said sheep secure from other sheep, and shall immediately dip or cause to be dipped, all of said sheep found to be so affected. Each Inspector may appoint one or more deputies, not exceeding one for each precinct, for whose acts he shall be responsible, and by any of whom he may perform any act required of him by this Act; except the semi-annually inspections, which shall be made by the Inspector in person; and it shall be the duty of the Inspector to advertise in at least one local paper, if there be one in his county, at his own expense, the names and postoffice address of any and all of his deputies. Any indebtedness incurred under the provisions of this Act, except for which the Inspector should pay, may be recovered by such Inspector in his official capacity, by an action in any court having jurisdiction of the amount. He shall also, at the request of the owner or owners of any sheep, about to be brought from any other State or Territory into this State, make an examination of such sheep, and if found free from all contagious or infectious disease, certify to such fact, as provided in section three of this Act.

      Sec. 3.  Any person, company, corporation, or association intending to bring, or cause to be brought, sheep from any other State or Territory into this State must first obtain from an Inspector of sheep, duly appointed under this Act, a certificate that said sheep are free from all infectious and contagious disease, before crossing the boundary line of this State; and it shall be the duty of every Inspector, at the request of any person, company, association, or corporation owning or controlling any sheep in his county,

any sheep in his county, or within twenty miles of the line of such county, upon being tendered the amount of his compensation for other special examinations as herein provided, to with all convenient speed examine any sheep he shall be requested so to examine, and if such sheep be sound and free from all infectious and contagious diseases, and are perfectly sound, to give his written certificate to said applicant, over his official signature, setting forth the soundness and freedom from disease of said sheep, together with the date of such examination, and permit and authorize such applicant to move such sheep to all counties of this State. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than two hundred and fifty dollars.

      Sec. 4.  Any person, company, corporation, or association desiring to move his or its sheep which are not sound, or are affected or infected with scab or any infectious or contagious disease, shall obtain from the Inspector a traveling permit; but such permit shall only be granted for the purpose of moving said sheep to some place where they may be treated for said disease, and by such route as the Inspector may designate. Any person, company, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars; and any party injured or damaged by the reason of the moving of said sheep, without such permit, shall be entitled to recover off of said person, company, or corporation, by a civil action, three times the amount of damages, direct and consequential, that said party has actually sustained by reason thereof.

      Sec. 5.  Whenever, on examination of any bands or herds of sheep kept or herded in any county in the State of Nevada, the Inspector shall find such sheep, or any portion of them, afflicted with scab or any infectious or contagious disease, he shall forthwith notify the person in charge of such sheep, in writing, to dip such sheep for said disease within a period of fifteen days from such notice, and also, during such period, to keep such sheep from contact with other sheep by such means as he may direct; and if the owner or owners, or person or persons in charge of such sheep, shall not dip said sheep for said disease, as required by said notice, within said fifteen days, or if said diseased sheep shall not be kept from contact with other sheep that are free from said disease or diseases, by such means as the said Inspector may specify, the owner or owners, or person or persons controlling said sheep, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than two hundred and fifty dollars; and in case said sheep have not been dipped for said disease, the Inspector shall immediately take possession of said sheep and dip them for said disease, and all expenses incurred in so doing, including a compensation of three dollars per day for every day or part of a day in which the Inspector may be engaged in dipping said sheep shall become a lien upon said sheep,

Penalty.

Permit to move sheep.

Penalties.

Penalty for refusing to dip.

Powers and duties of Inspector.

Fees of Inspector.

compensation of three dollars per day for every day or part of a day in which the Inspector may be engaged in dipping said sheep shall become a lien upon said sheep, and the Inspector shall hold the sheep until the same is paid; or, if it be not paid within ten days after such dipping is completed, he shall collect the same, together with the costs and expenses of collection, by advertising and selling said sheep, or so many thereof as may be necessary, in the manner provided by law for the sale of personal property upon execution. If, however, at the expiration of thirty days from such notice, as before mentioned, the Inspector finds that said sheep have been dipped for such disease, but are still infected with the same disease, then he shall instruct the owner or controller of said sheep to dip said sheep a second time as soon as possible, but with an interval between the dippings of not less than nine and [nor] more than seventeen days, and if, upon examination at the end of thirty days further, the Inspector finds that said sheep have been dipped but are still infected, then he shall at once take possession of said sheep and dip them for said disease as above specified. If, however, upon examination, he finds that said sheep have not been dipped for said disease, he shall see [seize] said sheep and dip them for said disease, as above specified, and the owner or owners shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than two hundred and fifty dollars; provided, no person, company, or corporation shall be required to dip a band of ewes in which there are ewes with lambs at any time between the first day of April and the first day of June of any year.

      Sec. 6.  The Sheep Inspectors of the several counties of this State shall be entitled to an annual fee of one-half cent per head while making the regular semi-annual inspection required by this Act, and which shall be collected by him at the time of making the first inspection only. He shall also be allowed to collect a fee of three dollars per day for every day or part of a day in which he shall be engaged in making special inspections, or in inspecting sheep for the purpose of granting traveling permits, or certificates of soundness, together with ten cents per mile for the distance necessarily traveled by him in making such inspections; provided, that no person, company, or corporation owning or controlling any band or bands of sheep, and holding a certificate of soundness issued by the Inspector of the proper county, within thirty days of such time as such person, company, or corporation shall desire to move said band or bands, shall be required to have a traveling permit for the purpose of moving said sheep from one locality to another within the county in which said sheep are located.

      Sec. 7.  Any Inspector, who shall at any time grant a permit to allow any sheep to travel without having first examined such sheep, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than two hundred and fifty dollars; and for any violation or failure of any Inspector to comply with the requirements of this Act,

or failure of any Inspector to comply with the requirements of this Act, it is hereby made the duty of the District Attorney of the county where such Inspector may reside to forthwith institute, in the name of the State, an action on his official bond against said Inspector and his sureties for the enforcement herein provided for.

      Sec. 8.  Any person or persons owning or having under their control any sheep which are infected with scab or other contagious disease for a period of fifteen days, without reporting the same to the Inspector, in writing, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than two hundred and fifty dollars. Upon such notice, the Inspector shall proceed as provided in section five of this Act. Any person, company, or corporation violating any of the provisions of this Act shall be liable in a civil action for all damages sustained by any other person, company, or corporation in consequence of such violation.

      Sec. 9.  In any proceedings arising under the provisions of this Act all persons having any interest in sheep concerning which said proceedings is had, shall be deemed the owners of such sheep, and such owners shall be liable severally and jointly for violations of this Act. Any herder, shepherd or other person in charge of sheep, or who shall willfully refuse to give an Inspector information as to the condition of sheep in his charge shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

      Sec. 10.  The provisions of this Act requiring Sheep Inspectors to prosecute for violation of its provisions shall not be so construed as to prevent such prosecutions from being commenced and prosecuted by other persons, as in other criminal actions.

      Sec. 11.  Any person, company, or corporation shall, before moving any sheep from one county to another in this State, first obtain from an Inspector a traveling permit; and any violation of this section shall be deemed a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.

      Sec. 12.  It shall be unlawful for any person, company, or corporation, owning, controlling or managing any railroad car, or other thing used for transportation, to allow any sheep to be carried thereon unless the party in charge of said sheep shall first produce a certificate (which shall not have been issued more than thirty days prior to the date upon which said sheep shall be shipped or transported) from an Inspector appointed under this Act, or of an Act amendatory to this Act, that said sheep are free from scab, scabbies and infectious and contagious diseases. Any violation of this section shall be deemed a misdemeanor, and any person, company, or corporation violating any of its provisions shall be fined in a sum not less than one hundred nor more than two hundred and fifty dollars.

Penalties for failure of Inspector

Penalties.

Prosecutions may be made, how.

Penalties.

Transported, when.

Penalty for having in possession scabby sheep.

False charges, how punished.

Duties State Printer.

Duties of Secretary of State.

any of its provisions shall be fined in a sum not less than one hundred nor more than two hundred and fifty dollars.

      Sec. 13.  Any person, company or corporation who shall own or have in his or their possession any sheep or band or herd of sheep affected with any contagious or infectious disease, knowing such sheep to be so affected, or after having received notice that said sheep are so affected, who shall permit such sheep to run at large, or who shall keep such sheep where other sheep not affected with such disease shall be exposed to such contagious or infectious disease, or who shall sell, trade or give away such sheep, without first informing the party to whom the sheep are sold, traded or given that such sheep are diseased, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than two hundred dollars nor more than five hundred dollars.

      Sec. 14.  If any person or persons shall make complaint against another person, company or corporation for violation of any of the provisions of this Act, and said information shall prove false, the person so informing shall pay all costs, damages, expenses and disbursements incurred by reason of such complaint.

      Sec. 15.  The State Printer is hereby authorized and directed to print five hundred copies of this Act, in addition to the usual number printed, for the use of county officers as required by law, and the Secretary of State is hereby directed to distribute the same to the several County Assessors of this State as he may deem proper. The said additional copies herein provided for shall be furnished to owners of sheep on application, free of charge.

      Sec. 16.  This Act shall take effect on and after the first Monday in April, eighteen hundred and ninety three.

Extending session of Legislature.

Chap. XLV.–An Act amending an Act entitled “An Act limiting the duration of sessions of the Legislature of the State of Nevada,” approved February 19, 1891.

[Approved February 24, 1893.]

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

Assembly, do enact as follows:

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

      Section one.  No regular session of the Legislature of the State of Nevada shall exceed fifty days.

Chap. XLVI.–An Act to amend section two hundred and twenty-six of an Act entitled “An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada,” approved November 26, 1861.

[Approved February 23, 1893.]

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

Assembly, do enact as follows:

      Section 1.  That section 226 be amended to read as follows:

      Section two hundred and twenty-six.  An indictment cannot be found without the concurrence of at least eight grand jurors. When so found it shall be endorsed: “a true bill,” and the endorsement shall be signed by the foreman of the grand jury.

Grand Jury.

Chap. XLVII.–An Act to repeal an Act entitled an Act supplementary to an Act entitled “An Act to provide revenue for the support of the government of the State of Nevada, approved March 9, 1865, and the Acts amendatory thereof and supplementary thereto,” approved March 17, 1891.

[Approved February 25, 1893.]

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

Assembly, do enact as follows:

      Section 1.  An Act entitled an Act supplementary to an Act entitled “An Act to provide revenue for the support of the government of the State of Nevada, approved March 9, 1865, and the Acts amendatory thereof and supplementary thereto, approved March 17, 1891,” is hereby repealed.

Equalization law repealed.

Chap. XLVIII.–An Act to amend an Act entitled “An Act to provide revenue for the support of the government of the State of Nevada, and to repeal certain Acts relating thereto,” approved March 23, 1891, and to repeal section 22, section 25, section 28 and section 29 of said Act.

[Approved February 25, 1893.]

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

Assembly, do enact as follows:

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

      Section one.  For the fiscal year commencing January first, eighteen hundred and ninety three, and annually thereafter, an ad valorem tax of ninety cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes,

Rate of taxation for State purposes.

Duties County Assessors.

Penalties for neglect or refusal to make statement.

Unknown owners, how rated.

an ad valorem tax of ninety cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes, upon all taxable property in this State, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Of the tax hereby levied sixty-five cents shall go into the General Fund of the State, seven cents shall go into the Territorial Interest Fund, nine and one-half cents shall go into the State Interest and Sinking Fund, three and one-half cents shall go into the Indigent Insane Asylum Interest and Sinking Fund, and five cents shall go into the General School Fund of the State.

      Sec. 2.  Section 8 of said Act is hereby amended so as to read as follows:

      Section eight.  Between the date of the levy of taxes and the first Monday of September in each year, the County Assessor, 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, owing [owning] it. For the purpose of enabling the Assessor to make such assessments, 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 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. 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,

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.

      Sec. 3.  Section 16 of said Act is hereby amended so as to read as follows:

      Section sixteen.  It shall be the duty of the Assessor in each of the respective counties of the State on or before the second Monday in September in each year to prepare a printed list of all the taxpayers in the county and the total valuation of property on which they severally pay taxes. A copy of said list shall be by the said Assessor delivered in person or mailed to each and every taxpayer in the county; provided, that the cost of printing the aforesaid list shall not exceed twenty cents for each name for as many copies as there are names on the list. The several Boards of County Commissioners in the State are authorized and empowered to allow the bill contracted by the Assessor under this section, and the several County Auditors are authorized to draw their warrants in payment for the same.

      Sec. 4.  Section 17 of said Act is hereby amended so as to read as follows:

      Section seventeen.  It shall be the duty of the Assessor to prepare a tax list, or assessment roll, indexed or alphabetically arranged, in the book or books furnished by the Board of County Commissioners for that purpose, in which book or books shall be listed all the real estate, improvements on real estate, including improvements on public lands and other personal property within the limits of the county, and in said book or books there shall be set down in separate columns:

      First-The names of the taxable inhabitants, firms, incorporated companies, or associations, in alphabetical order, if known; if unknown, the property shall be assessed to unknown owners, and if any person shall refuse to make a statement of his property, under oath, as required by this Act, that fact shall be noted under his name.

      Second-All real estate, including the ownership or claims to, or possession of, or right of possession to any land and improvements, taxable to each inhabitant, firm, incorporated company, or association, described by metes and bounds, or by common designation or name, if situated within the limits of any city or incorporated town, described by lots or fraction of lots; if without said limits, giving the number of acres, as near as can be conveniently ascertained, and the location and township where situated; all improvements on public lands, describing as nearly as possible the location of said improvements; provided, that when two or more parties claim, by description, the same land, it shall be assessed to each party making such claim or giving such description, according to the estimated value of the claims of each.

      Third-The cash value of real estate, including the possessory claim to lands and the improvements thereon.

Duties of Assessors.

Duties of County Commissioners.

Duties of Assessor.

Property described and listed.

Property described and listed.

Duties of Assessor.

      Fourth-The cash value of all improvements on real estate, including possessory claims, where the same is assessed to a person other than the owner of said real estate.

      Fifth-The cash value of all personal property except improvements on real estate or on public lands, taxable to each and exclusive of money and solvent debts.

      Sixth-Amount of money and solvent debts.

      Seventh-The total value of all property taxable to each. And no further description of personal property than that required by the foregoing provisions of this section shall be needed or requisite to render the assessment binding and effective. The form of the assessment roll shall be substantially as follows:

When tax paid................................................................................................................................

Taxpayer’s name...........................................................................................................................

Description of property................................................................................................................

Real estate. No. of acres...............................................................................................................

Section.............................................................................................................................................

No. of lot.........................................................................................................................................

No. of block....................................................................................................................................

      Sec. 5.  Section 19 of said Act is hereby amended so as to read as follows:

      Section nineteen.  On or before the second Monday of September in each year the Assessor shall complete his tax list or assessment roll, and he or his deputy, as the case may be, shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and that he has assessed it on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at its full cash value; but the failure to take or subscribe to such affidavit shall not in any manner effect [affect] the validity of any assessment contained in said assessment roll.

      Sec. 6.  Section 21 of said Act is hereby amended so as to read as follows:

      Section twenty-one.  The assessment made by the County Assessors, as apportioned by the Boards of County Commissioners, shall be the only basis of taxation for city, town, school, road, or other districts, in their respective counties.

      Sec. 7.  Section 22 of said Act is hereby repealed.

      Sec. 8.  Section 23 of this Act is hereby amended so as to read as follows.

      Section twenty-three.  The Board of County Commissioners of each county shall constitute a Board of Equalization, of which Board the Clerk of the Board of County Commissioners shall be Clerk. The Board of Equalization of each county shall meet on the third Monday in September in each year, and shall continue in session from time to time until the business of equalization presented to them is disposed of; provided, however, that they shall not sit after the first Monday of October, except as in this section provided. The Board shall have power to determine the valuation of any property assessed, and may change and correct any valuation, either by adding thereto or deducting therefrom, such sum as shall be necessary to make it conform to the actual cash value of the property assessed, whether said valuation was fixed by the owner or Assessor; except that in case where the person complaining of the assessment has refused to give the Assessor his list under oath, as required by this Act, no reduction shall be made by the Board in the assessment made by the Assessor. If the Board find it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct the Clerk to give notice to the person so interested, by letter deposited in the postoffice or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. As soon as possible after the adjournment of the Board in September its clerks shall make out a list of all persons who have not appeared before the Board, the valuation of whose property has been added to on the assessment roll, and shall state the amount so added, and list of all property, the valuation on which has been added to on the assessment roll, with the amounts so added, the owners of which have not appeared before the Board; and the Board of County Commissioners shall cause the same to be published in one newspaper in the county, if there be any, and if not, then by posting one copy of the same in a public place in each election precinct in the county, and any person, to the assessed value of whose property there was an amount added, not appearing before the Board of Equalization in September may appear before it in October, and upon making affidavit that he had no knowledge of such increased valuation of his property he shall be given a hearing and the final judgment of the Board, and the Clerk of the Board shall note all changes made and report the same to the Auditor, who shall make the changes required on the original assessment roll. The Assessor, either in person or by deputy, shall be present, also any deputy whose testimony may be required by the parties appealing to the Board, and they shall have the right to make any statement touching such assessment and to produce evidence relating to questions before the Board.

Basis of taxation.

Board of Equalization, powers and duties of.

Rights of taxpayer when valuation has been added.

Dutes of Assessor and County Commissioners.

Duties of County Auditors.

also any deputy whose testimony may be required by the parties appealing to the Board, and they shall have the right to make any statement touching such assessment and to produce evidence relating to questions before the Board. The Recorder of the county shall be also present and attend on the Board with an abstract of all unsatisfied mortgages and liens remaining on record in his office, arranged in alphabetical order, for which service he shall receive no compensation, and the Board of Equalization shall make use of such abstract and of all other information that they can procure from the Recorder in the Recorder’s office or otherwise in equalizing the assessment roll of the county, and may require the Assessor to enter upon such assessment roll any mortgage or lien or other property which has not been assessed, and the assessment and equalization so made shall have the same force and effect as if made by the Assessor before the delivery of the assessment roll by him to the Clerk of the Board of County Commissioners. On the second Monday in October the Board of County Commissioners shall meet as a Board of Equalization to equalize the assessment roll and hear complaints in the excepted cases mentioned in this section.

      Sec. 9.  Section 25 of said Act is hereby repealed.

      Sec. 10.  Section 26 of said Act is hereby amended so as to read as follows:

      Section twenty-six.  During the session, or within five days after the adjournment of the Board of Equalization, its Clerk shall enter upon the assessment roll all the changes and corrections made by the Board, and shall immediately deliver said corrected roll, with his certificate attached, to the County Auditor.

      Sec. 11.  Section 27 of said Act is hereby amended so as to read as follows:

      Section twenty-seven.  The County Auditor, as soon as the assessment roll is delivered to him by the Clerk of the Board of Equalization, shall proceed to add up the valuations and to enter the total valuation of each kind of property and the total valuation of all property on the assessment roll, and he shall, on or before the fourth Monday in October of each year, deliver the same to the ex-officio Tax Receiver, with his certificate attached, together with the maps or plat book.

      Sec. 12.  Section 28 of this Act is hereby repealed.

      Sec. 13.  Section 29 of this Act is hereby repealed.

Chap. XLIX.–An Act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other Acts in relation thereto.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, destroy, wound, trap, snare, injure or in any other manner to catch, or capture, or to pursue with such intent, any sparrow, bluebird, bluejay, martin, thrush, mocking-bird, redbreast, cat-bird, wren, robin, meadow-lark, or humming-bird, or any song bird, except linnets, within this State, or who shall take, injure or destroy the nest or eggs of said before mentioned birds.

      Sec. 2.  It shall be unlawful for any person or persons, firm, company, corporation, or association, at any time between the fifteenth day of March, of each and every year, or any year, and before the fifteenth day of September following, to catch, kill, destroy, or net, pound, weir, cage, or trap, or to pursue with such intent, any partridge, pheasant, woodcock, quail, or any wild goose, wood-duck, teal, mallard or other ducks, sand-hill crane, brant, swan, plover, curlew, snipe, grouse, yellow hammer or bittern, and every person or persons, firm, company, corporation, or association, who shall sell, buy, transport, or give away, or offer, or expose for sale, or have in his or their possession, any of the birds hereinbefore mentioned, that have been snared, captured, taken, killed, trapped, netted, or pounded, in or by any other means hereinbefore mentioned in this section, shall be guilty of a misdemeanor, and punished as in this Act hereinafter specified, and any person, firm, company, corporation, or association, who shall destroy, injure, or in any manner disturb the nest or eggs of any of the birds protected by this Act, shall be guilty of a misdemeanor and punished as is provided in this Act.

      Sec. 3.  It shall be unlawful for any person or persons, firm, company, corporation, or association to catch, kill, net, pound, weir, cage, trap, or destroy, or to pursue with such intent, between the first day of March of each and every year and before the fifteenth of August following, any sagecock, hen or chicken within this State, and each and every person or persons, firm, company, corporation, or association who shall sell, buy, transport, or give away, or offer, or expose for sale, or have in his or their possession any sagecock, hen or chicken that have been taken, killed, captured, snared, netted, pounded, weired, caged, or trapped contrary to the provisions of this section shall be guilty of a misdemeanor and punished as hereinafter provided.

      Sec. 4.  It shall be unlawful for any person or persons, firm, company, corporation, or association, to catch, kill, or destroy, or to pursue with such intent, at any time after the first day of December and before the first day of August of each year,

Perpetually protected birds.

Close season for certain game birds.

Penalties.

Close season for sagehens

Close season for certain animals.

Close season for certain fur animals.

Exceptions for scientific purposes.

Penalties for violation.

December and before the first day of August of each year, any deer, antelope, elk, mountain sheep, goat, or cariboo, or to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale any of the animals mentioned in this section during the season when the killing, injuring, or pursuing is herein prohibited, and any person or persons, firm, company, corporation, or association, who shall catch, kill, or destroy, or who shall pursue with such intent, or who shall buy, sell, transport, or give away, or expose for sale, or have in his or their possession any of the animals mentioned in this section, during the season mentioned in this section, shall be guilty of a misdemeanor and punished as hereinafter provided.

      Sec. 5.  It shall be unlawful for any person or persons, firm, company, corporation, or association, to catch, kill, destroy, trap, net, pound, weir, or cage, any beaver or otter within this State before the first day of April, in the year A. D. one thousand eight hundred and ninety-seven (1897), and each and every person, firm, company, corporation, or association, who shall sell, buy, transport, or give away, or offer or expose for sale, or have in his or their possession, any beaver or otter, as mentioned in this section, shall be guilty of a misdemeanor and punished as hereinafter provided.

      Sec. 6.  It shall be unlawful for any person or persons, firm, company, corporation, or association, within this State, to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale, or purchase from any person whomsoever, either Indians or other persons, any of the birds, wild game, or animals, mentioned in this Act, during the seasons wherein the killing, injuring, pursuing, netting, trapping, pounding, weiring, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession, is herein prohibited; provided, that nothing in this Act shall be so construed as to prohibit any person or persons, firm, company, corporation, or association, taking any bird, fowl, or animal mentioned in this Act, at any time, for scientific purposes.

      Sec. 7.  Any person or persons, firm, company, corporation, or association, or common carrier, or the agent of any such firm, company, corporation, or association, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction be fined in any sum not less than twenty-five ($25) dollars, nor more than two hundred ($200) dollars, or imprisonment in the county jail of the county in which said conviction is had, for any term not exceeding six months, or by both such fine and imprisonment, and in addition to the costs now allowed by law on criminal prosecution, twenty-five ($25) dollars liquidated damages, shall be entered up as costs against each defendant, and collected in the manner now provided by law for the collection of costs in civil actions, which said sum of twenty-five ($25) dollars shall be paid to the party instrumental in securing the arrest and conviction of said defendant.

      Sec. 8.  It shall be the duty of the Sheriff and his deputies, Constable and his deputies, District Attorneys and all other peace officers in this State, upon receiving information from any person, that any of the provisions on this Act have been violated, to immediately institute proceedings in the proper court against the person or persons thus complained of, and prosecute the same with reasonable diligence to final judgment, and any peace officer refusing to make complaint or institute proceedings as herein provided, shall be guilty of a misdemeanor in office, and fined in any sum not exceeding twenty-five ($25) dollars.

      Sec. 9.  All Acts and parts of Acts heretofore passed and now in force in regard to the protection and preservation of wild game are hereby repealed.

Duties of peace officers in relation to.

Repeal.

Chap. L.–An Act fixing the salaries and compensations of the officers of Elko county, and consolidating certain offices in said county, and to repeal all Acts in relation thereto.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  On and after the first Monday in January, A. D. eighteen hundred and ninety-five, the Sheriff of Elko county shall receive the sum of twenty-four hundred dollars per annum, which shall be compensation in full for all services rendered. The Sheriff shall pay into the county treasury, each month, all moneys collected by him as fees. The Deputy Sheriff shall receive the sum of twelve hundred dollars per annum as a salary, and he shall act as jailer without further compensation.

      Sec. 2.  On and after the first Monday in January, A. D. eighteen hundred and ninety-five, the County Recorder and ex-officio Auditor shall receive the sum of eighteen hundred dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury, each month, all moneys collected by him as fees.

      Sec. 3.  The County Clerk, as ex-officio Treasurer and ex-officio Clerk of the Board of County Commissioners, shall receive the sum of eighteen hundred dollars per annum, which shall be compensation in full for all sericves rendered by him, and he shall pay into the county treasury, each month, all moneys collected by him as fees.

      Sec. 4.  The County Assessor shall receive the sum of twenty-two hundred dollars per annum, which shall be compensation in full for all services rendered by him or his deputies. The District Attorney shall receive the sum of fifteen hundred dollars per annum, and he shall act as County Superintendent of Public Schools without further compensation.

Salaries of certain county officers in Elko county.

Salaries of certain county officers in Elko county.

      Sec. 5.  On and after the first Monday in January, A. D. eighteen hundred and ninety-five, the County Commissioners shall each receive the sum of four hundred dollars per annum, and such mileage as now allowed by law.

      Sec. 6.  The office of Treasurer is hereby consolidated with the office of County Clerk, to take effect on and after the first Monday in January, A. D. eighteen hundred and ninety-five.

      Sec. 7.  No allowance shall be made by the Board of County Commissioners for the compensating of any deputy or deputies for any of the offices named in this Act, except as herein expressly provided.

      Sec. 8.  All salaries herein provided shall be payable monthly, in twelve equal installments. The County Auditor shall, on the first Monday in each month, draw his warrant on the Salary Fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the County Treasurer shall pay said warrant out of the said Salary Fund.

      Sec. 9.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Duties of County Assessors.

Duties of County Commissioners.

Chap. LI.–An Act defining certain duties of County Assessors, County Commissioners, County Clerks, County Treasurer and ex-officio Tax Receivers.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Assessor shall in each county, between the date of the levy of taxes and the first Monday of September in each year, ascertain the names of all taxable inhabitants, and all the property in his county subject to taxation, and shall assess such property in the manner now provided by law.

      Sec. 2.  On or before the second Monday of September in each year, the Assessor shall complete his assessment roll, duly certify to the same and deposit said roll with the Clerk of the Board of County Commissioners, to be used by them as a Board of Equalization.

      Sec. 3.  The Board of County Commissioners of each county in this State shall meet as a Board of Equalization on the third Monday of September in each year, to examine the assessment roll and equalize the assessment of property appearing upon the assessment roll in their respective counties, and shall continue in session from time to time until the business of equalization is disposed of, but no later than the first Monday in October, and all the provisions of the statute as to notice and manner of equalization shall be the same as now prescribed, except as to the dates of such meetings, which shall be as hereinbefore stated.

      Sec. 4.  Within five days after the adjournment of the Board, the Clerk shall enter upon the assessment roll all the changes and corrections made by the Board, and shall immediately deliver said roll, so corrected, with his certificates attached thereto, to the County Auditor.

      Sec. 5.  The County Auditor, as soon as the assessment roll is delivered to him by the Clerk of the Board of Equalization, shall proceed to add up the valuations, and to enter the total valuation of each kind of property, and the total valuation of all property on the assessment roll.

      Sec. 6.  On or before the first Monday of November in each year, the Auditor shall deliver the corrected assessment roll, with his certificate attached thereto, together with the maps or plat books, to the ex-officio Tax Receiver.

      Sec. 7.  On delivering the assessment roll to the ex-officio Tax Receiver, the Auditor shall charge him with the full amount of the taxes levied, and he shall forthwith transmit by mail to the State Controller a statement showing the assessed valuation of all property in the county and the amount of taxes levied thereon for State and county purposes.

      Sec. 8.  On the first Monday of December the ex-officio Tax Receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all the property therein assessed, the taxes upon which have not been paid, and shall immediately ascertain the total amount of taxes then delinquent, and file in the office of the Auditor the list of all persons and property then owing taxes, verified by the official oath of himself or his deputy, which shall be completed by the second Monday in December, and shall be known as the delinquent list.

      Sec. 9.  On the second Monday of December in each year the ex-officio Tax Receiver shall also attend at the office of the County Auditor with the assessment roll, and the Auditor shall then and there administer to the ex-officio Tax Receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll, or [on] which taxes have been paid to him, has the word “paid” marked opposite the name of such person or a description of such property, and the Auditor shall then foot up the amount of taxes remaining unpaid, and shall make a final settlement with the ex-officio Tax Receiver of all taxes charged against him on account of said assessment roll. The Auditor shall then immediately transmit, by mail or otherwise, to the State Controller a statement in such form as he may require, of all and each particular kind of property delinquent, and the total amount of delinquent taxes.

      Sec. 10.  At any time after the second Monday in December and before the institution of suit, as is provided for by law when the amount of taxes exceeds three hundred dollars, and before the sale of property where the amount of taxes does not exceed three hundred dollars, any delinquent taxpayer, upon a certificate from the Auditor (giving a description of the property and the taxes thereon), may pay to the ex-officio Tax Receiver the taxes assessed against said delinquent (with the percentum additional by way of penalty thereon) by complying with other existing provisions of law.

Duties of County Clerk.

Duties of Auditor.

Duties of Tax Receiver.

Taxes may be paid, how.

Receiver the taxes assessed against said delinquent (with the percentum additional by way of penalty thereon) by complying with other existing provisions of law.

      Sec. 11.  All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

Providing for the bonded debt Humboldt county.

Chap. LII.–An Act to authorize the Board of County Commissioners of Humboldt county to issue bonds for the purpose of providing a fund to pay the bonded debt of said county.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Humboldt county is hereby authorized and directed to prepare and issue the bonds of said county, to the amount of fifty-two thousand dollars, bearing interest at a rate to be fixed by said Board; provided, however, that said rate of interest shall not exceed five per cent. per annum.

      Sec. 2.  Said bonds shall be of the amount of five hundred dollars each, and shall be payable to bearer at the office of the County Treasurer of said county, in not less than three years nor more than eighteen years from their date; both principal and interest shall be payable in lawful money of the United States.

      Sec. 3.  Said bonds shall be prepared in proper form, signed by the Chairman of the Board, and countersigned by the Clerk, and the county seal shall be attached. They shall bear interest coupons payable semi-annually. Said coupons shall be signed by the Chairman of the Board, and countersigned by the Clerk. Both bonds and coupons shall be numbered consecutively.

      Sec. 4.  The Board of County Commissioners shall negotiate and sell said bonds during the year eighteen hundred and ninety-five, not later than June first of that year. None of said bonds shall be sold for less than ninety-eight per cent. of their par value. All moneys realized from the sale of said bonds shall be paid into the county treasury, and shall be placed by the Treasurer in the fund known as the Courthouse Interest and Sinking Fund, and shall be used for the redemption of the bonds issued during the year eighteen hundred and seventy-five, and commonly known as the Courthouse Bonds, when the said bonds become due and payable.

      Sec. 5.  The said Board of County Commissioners is hereby authorized and required to levy and cause to be collected during the year eighteen hundred and ninety-four, and annually thereafter until all the bonds issued under the provisions of this Act, and the interest thereon shall have been fully paid or provided for, a tax not exceeding twenty-five cents on each one hundred dollars of the taxable property of Humboldt county, to be applied exclusively to the payment of the principal and interest of said bonds.

hundred dollars of the taxable property of Humboldt county, to be applied exclusively to the payment of the principal and interest of said bonds.

      Sec. 6.  All moneys collected under the provisions of the preceding section shall be placed in a separate fund, to be known as the Bond Redemption Fund, and shall be applied, first, to the payment of the semi-annual interest, as above provided, and second, to the redemption of said bonds, as provided in the next section.

      Sec. 7.  Whenever, after the expiration of three years from the date of said bonds, all interest due thereon shall have been paid, and there shall be in said fund a surplus which will not be needed for the payment of the future interest to accrue within the ensuing twelve months, the Board of Commissioners shall insert an advertisement in at least one newspaper published in said county, for the period of at least two weeks, stating the amount of money on hand to be applied to the redemption of said bonds, and notifying the holders of the lowest numbered outstanding bonds that the bonds mentioned in the said advertisement will be paid upon presentation to the County Treasurer, and that interest thereon will cease at the expiration of thirty days from the date of said notice.

Providing for the bonded debt Humboldt county.

Chap. LIII.–An Act to provide for payment of funeral expenses of indigent ex-soldiers.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Whenever the remains of any indigent ex-soldier, dying within this State, shall have been given interment by and at the expense of any Grand Army Post, the Post rendering such service shall be entitled to receive from the county of which such deceased ex-soldier was a resident at the time of his death, a sum not less than twenty-five dollars and not more than forty dollars, such sum to be allowed and paid in the manner provided for the payment of other bills against the county.

Burial of ex-soldiers.

Chap. LIV.–An Act to fund the bonded indebtedness of Esmeralda county, State of Nevada.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  In order to refund the entire indebtedness of Esmeralda county, for which bonds are now issued and at present outstanding under the Acts approved February twenty-seven,

Duties of certain officers of Esmeralda county, funded indebtedness.

Form of bonds.

seven, one thousand eight hundred and eighty-three, and March first, one thousand eight hundred and eighty-three, 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 the Funding Commissioners of Esmeralda county, to have and exercise the powers and perform the duties hereinafter prescribed in this Act.

      Sec. 2.  The said Funding Commissioners shall cause to be prepared and ready for use by the ninth day of April, 1893, the sum of fifteen thousand ($15,000) dollars, and by the ninth day of April, 1897, the further sum of eighteen thousand ($18,000) dollars, bonds of the county of Esmeralda. Said bonds shall be of the denomination of one thousand ($1,000) dollars each, and shall each purport in substance that the said county of Esmeralda owes the holder thereof a sum of money in gold coin of the United States, to be expressed therein, bearing interest at a rate of not to exceed six per cent. per annum, from and after the ninth day of April, 1893, for the first fifteen thousand dollars of said bonds, and from and after the ninth day of April, 1897, on the second issue of eighteen thousand dollars of said bonds, the said interest being payable semi-annually, on the ninth day of October and April of each year, the first semi-annual payment of interest to be paid October the ninth, 1893, and all interest to be paid at the office of the Treasurer of said county. One thousand dollars of the principal of said bonds shall be paid each year, on the ninth day of October, the first payment on principal to be made October the ninth, 1893, and each year thereafter until the whole amount of said principal sum shall have been paid, and the said payments of principal shall be made at the office of County Treasurer of said Esmeralda county. Said 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 by the seal of the Auditor of said county. The said bonds shall have attached thereto coupons for the payment of the interest thereon semiannually, 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 cancelled by the Treasurer.

      Sec. 3.  All bonds issued under this Act shall be numbered consecutively, and the said Funding Commissioners shall keep a register of all of said bonds, and note therein the number, date and amount of each. The Auditor shall be the custodian of said register, and the said bonds shall be paid in the order of their number, bond number one being payable October ninth, one thousand eight hundred and ninety-three, and one each year thereafter on the ninth day of October in the order of its number, and upon said date the interest upon said bonds, so becoming due and payable, shall cease.

of its number, and upon said date the interest upon said bonds, so becoming due and payable, shall cease.

      Sec. 4.  Whenever any bond shall be paid under this Act, the Treasurer shall cancel and safely keep the same as a record of his office.

      Sec. 5.  In order to meet the semi-annual interest on the said bonds, and the said amount of one thousand dollars principal payable annually, there shall be levied and collected in the said county of Esmeralda, a special tax of a sufficient amount to meet the said payments, and the money raised from said tax shall be placed in a fund to be known as the Interest and Sinking Fund, and shall so far as is necessary, be applied to the payment of said interest on said bonds semi-annually, and the said one thousand dollars of the principal of said bonds at the time hereinbefore stated. The said tax shall be levied and collected by the proper officers of the county in the same manner and at the same time as the levying and collecting of the State and county taxes, and no moneys in the said Interest and Sinking Fund shall be transferred therefrom.

      Sec. 6.  If at any time there should not be sufficient money in said Interest and Sinking Fund to meet the payments of interest semi-annually and principal as hereinbefore provided, it shall be the duty of the Board of County Commissioners to transfer to the said Interest and Sinking Fund from the General Fund of said Esmeralda county, a sufficient amount to meet the payments of said interest and principal.

      Sec. 7.  As soon as said bonds are ready to be issued, the first fifteen thousand dollars shall be given in exchange, at their par value, for the then outstanding bonds of Esmeralda county, issued under the Act approved March first, eighteen hundred and eighty-three, but in event said exchange cannot be made, said bonds shall be sold at not less than par and the proceeds placed in said Interest and Sinking Fund and applied to the redemption of the said bonds, issued under the Act of March first, eighteen hundred and eighty-three, and the said issue of eighteen thousand dollars of the said bonds, to be made April ninth, eighteen hundred and ninety-seven, shall be sold to the highest bidder, but at not less than par, and the proceeds of said bonds shall be placed in the said Interest and Sinking Fund, and be applied to the redemption of the bonds of Esmeralda county, issued under the Act approved February twenty-seven, eighteen hundred and eighty-three.

      Sec. 8.  It shall be the duty of the Funding Commissioners to provide for the exchange or sale of the said bonds, as hereinbefore provided, and on the second issue of bonds to advertise for bids for the purchase of said bonds at not less than par.

      Sec. 9.  No fees or compensation shall be allowed or paid to any officer of said county for his official services in carrying out the provisions of this Act, but all necessary expenses incurred in so doing shall be paid by said county. After all bonds are redeemed and interest paid, all money, if any remaining in the Interest and Sinking Fund, shall be transferred to the General Fund.

Payment provided for.

Exchange of bonds.

Compensation of officers.

Faith and credit pledged.

Repeal.

      Sec. 10.  Nothing in this Act shall be so construed as to in any manner interfere with the payment to Esmeralda county by the county of Lyon its proportion of indebtedness as at present required to be paid.

      Sec. 11.  The good faith and credit of Esmeralda county is hereby pledged to pay the amount of the above-mentioned bonds and the interest thereon at the dates hereinbefore mentioned.

      Sec. 12.  All Acts or parts of Acts in conflict with any of the provisions of this Act are hereby repealed.

Idiots and feeble minded persons may be admitted to the Insane Asylum, how and when.

Chap. LV.–An Act to provide for the admission of certain persons into the Nevada State Insane Asylum.

[Approved February 27, 1893.]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the District Judge in each Judicial District of this State, upon the application of any person under oath that any person within said district who has been a bona fide resident of the State for more than five years and of the county wherein he is at the time residing for one full year next preceding the making of said application, is an idiot or feeble-minded person, to cause such person to be brought before him at such time and place as he may direct, and the said Judge shall also cause to appear at such time and place such witnesses as he may deem proper and one or more licensed practicing physicians. Said physicians shall proceed to examine the person and the witnesses so brought before said Judge, the witnesses to be placed under oath, and if said physicians, after careful examination, shall certify upon oath that the charge is correct, giving their reasons therefor, and if the District Judge is satisfied that such person is an idiot or a feeble-minded person and is incompetent to provide for his or her own proper care and support, and has no property applicable to such purpose, and no kindred in the degree of husband or wife, father or mother, child, brother or sister living within this State of sufficient means or ability to provide properly for such care and support, and is further satisfied that it will be for the best interest of said indigent and the county of which he is at the time a resident, he shall cause the said indigent, idiot or feeble-minded person to be conveyed to the Insane Asylum of this State at the expense of the county of which said person was a bona fide resident during the period of one year next preceding the making of such application, and placed in charge of the proper person having charge of said Asylum, together with a copy of the complaint, commitment and physicians’ certificate, which shall be in such form as the Board of Commissioners for the Care of the Indigent Insane of the State of Nevada may prescribe.

      Sec. 2.  The county of which any person committed to said Asylum, under the provisions of section one of this Act, was a bona fide resident during all of the year next proceeding the making of application for his or her said commitment, shall pay into the Treasury of the State of Nevada, quarterly, on the first Monday of January, April, July and October, from and ever after such commitment, the actual expense of maintaining and keeping such person at said Asylum, for which said county shall be liable to the State of Nevada, the amount of said expense to be certified to the Board of Commissioners of such county by the Superintendent of said Insane Asylum.

      Sec. 3.  All former Acts, in so far as they are in conflict with or repugnant to the provisions of this Act, are hereby repealed.

Expense of care of such persons, how provided for.

Chap. LVI.–An Act to amend section three (3) of an Act entitled an Act to amend sections three, five and thirteen of an Act entitled “An Act to provide for the selection and sale of lands that have been, or may hereafter be granted by the United States to the State of Nevada,” approved March 12, 1885; as amended March 5, 1887; further amended March 11, 1889, and further amended on March 21, 1891.

[Approved February 28, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of said above entitled Act as amended is hereby further amended to read as follows:

      Section thirteen.  An occupant or party in possession shall have a preferred right to purchase all the lands he or she may be entitled to purchase under the provisions of this Act, for the period of six months after the date of filing in the State Land Office of the official plat or plats covering the survey, by the United States Government, of the land occupied or possessed by him or her. After the filing in the State Land Office of a formal application for lands, not previously approved to the State, should one or more persons, each claiming a preferred right by reason of occupancy or possession severally apply to purchase the same lands, the Register shall require each of such claimants to make and deposit with his or her application an affidavit affirming occupancy or possession thereof, dating prior to the filing of the first existing application for the lands so claimed. An occupant or party in possession as named in this Act and section, shall be deemed and considered to include any person, as defined in section five of this Act, who, after the approval of this Act, shall commence, and prosecute with due diligence, the sinking of an artesian well upon any unoccupied public lands, subject to selection by the State of Nevada, according to the requirements of an Act to encourage the sinking of artesian wells,

Proceeding in State Land office when two or more persons apply for the same lands.

Artesian well to give preferred right.

Rights of first applicant.

personnel of Board to decide rights of contesting claimants.

Contests to be certified to District Court, when

the sinking of artesian wells, approved March 5, 1887, and Acts amendatory thereof and supplementary thereto, and every such person shall be entitled to all the rights and privileges of an occupant or party in possession, as to a preferred right to purchase when he or she shall have complied with the provisions of said Act, concerning said well and the requirements herein written, as to diligence in the prosecution of said work, and upon proof being made before the proper court, as hereinafter provided, that said person has complied therewith, his or her preferred right shall date from the commencement of the sinking of said well. When two or more persons severally apply to purchase the same lands, the first applicant, although not claiming a preferred right to purchase, shall be entitled to appear and contest the right of an applicant to purchase under the claim of a preferred right. When two or more persons severally apply to purchase the same lands, neither claiming a preferred right, the first applicant shall be allowed to purchase. It shall be the duty of the State Land Register to notify the first existing applicant or his or her attorney or other legal representative, immediately upon the filing of a subsequent application for any portion of the lands embraced in his or her application. Such notice shall be given by registered letter through the United States mails. When two or more persons simultaneously apply to purchase the same lands, neither claiming a preferred right, the determination of the right to purchase shall be submitted to a Board consisting of the State Controller, State Treasurer and State Land Register. The said Board shall designate a time to receive bids from the several applicants who have simultaneously applied to purchase the lands in question, and shall proceed to determine and award the right to purchase to the highest bidder. The Board shall direct the State Land Register to proceed toward the completion of such highest bidder’s application. The money derived from such bids shall be added to the original deposit on each successful application. All cases of contest arising under the provisions of this Act from other causes than simultaneous applications shall be certified, together with all the facts in his possession relating thereto, by the State Land Register, to the District Court in and for the county in which the lands in dispute are situated, and the Land Register shall, at the same time, notify the contestants, by registered mail, of the certification of their cause to the proper court. When a cause shall have been certified by the State Land Register to the District Court for trial, it shall be the duty of the Clerk of the Court in which the action is pending forthwith to notify the respective parties, and, within forty days after proof of service of notice of such certification, the party making the contest shall file and serve upon the adverse party a complaint setting forth the facts upon which he or she claims to be entitled to purchase the lands. The adverse party shall, within twenty days after the service of the complaint, file an answer setting forth the facts relied upon. In case of default, the Court shall proceed to hear and determine the controversy as upon default in other cases.

troversy as upon default in other cases. The notice, complaint and answer shall be served in the manner now provided by law for service of process in other cases. In case the party making the contest should neglect to file a complaint, as herein provided, the first applicant shall be entitled to a judgment of the Court upon the papers certified by the State Land Register, decreeing him or her to be entitled to purchase said lands. In case of the rendition of judgment under the provisions of this section, the Clerk of the Court shall immediately transmit to the State Land Register certified a copy of said judgment, together with a certified statement of all accrued costs of said contest in said court. All costs in contested cases shall be paid by the parties litigant, as the Court or Judge may determine. Upon receiving the certificate of the Clerk of the Court, or order of the Board, as herein provided, the State Land Register shall proceed with the successful applicant, as if he or she alone had applied, and immediately cancel all other applications for the lands in question. It shall be the duty of the State Land Register to notify each unsuccessful applicant that his or her application has been cancelled, and that the amount deposited thereon may be withdrawn from the State Treasury, as provided in section five of this Act; provided, that the State Land Register may withhold from the amount so deposited by said unsuccessful applicant a sum sufficient to pay and satisfy the costs of the contest in the District Court, as herein provided, and the State Land Register is hereby directed to transmit to the Clerk of said court, taking his receipt therefor, the amount so withheld, and directing that the same shall be applied by said Clerk to the satisfaction of the costs adjudged against said unsuccessful applicant; provided, further, that if said unsuccessful applicant shall fail, for a period of thirty days after the rendition of the judgment by the District Court, to make application for the withdrawal of the amount so deposited by him under the provisions of this Act, it shall be the duty of the State Land Register to make application for withdrawal of the same, and out of said sum so withdrawn shall pay the costs, as herein provided, and remit any balance to said unsuccessful applicant.

Practice in hearing contested cases.

Duties of State Land Register.

Cost of contest provided for.

Chap. LVII.–An Act to appropriate and pay money to Esmeralda county on account of the special election of February 11, 1889.

[Approved February 28, 1893.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying Esmeralda county, on account of the special election held February eleven, eighteen hundred and eighty-nine, and not allowed by the State Board of Examiners, the sum of two hundred and forty-seven dollars and eighty cents is hereby appropriated and set apart out of any money in the State Treasury not otherwise appropriated.

Paying expense of special election, 1889.

Paying expense of special election, 1889.

and eighty cents is hereby appropriated and set apart out of any money in the State Treasury not otherwise appropriated.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the County Treasurer of said Esmeralda county for the said sum of two hundred and forty-seven dollars and eighty cents, and the State Treasurer is hereby directed to pay the same.

Presentment by Grand Jury, how found and reported.

Chap. LVIII.–An Act to amend sections two hundred and seventeen and two hundred and twenty-seven of an Act entitled “An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada,” approved November 26, 1861.

[Approved February 28, 1893.]

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

Assembly, do enact as follows:

      Section 1.  That section two hundred and seventeen (217) be amended so as to read as follows:

      Section two hundred and seventeen.  A presentment cannot be found without the concurrence of at least eight grand jurors. When so found it must be signed by the foreman.

      Sec. 2.  That section two hundred and twenty-seven (227) be amended so as to read as follows:

      Section two hundred and twenty-seven.  If eight grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the deposition and statement, if any, transmitted to them, shall be returned to the court with the indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

Disposition of militia property.

Chap. LIX.–An Act to prohibit and punish the retention of State and company property, or any property in charge of the National Guard, by individuals.

[Approved March 1, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Every person, whether a member of any of the organized militia companies of this State or not, shall, upon request of the commanding officer of a company, immediately surrender to said commanding officer all company and State property (not money) received or possessed by him, and likewise all other military property in his possession.

      Sec. 2.  Any person who shall illegally retain in his own possession or shall fail to surrender any article of such property shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for a term not exceeding fifty days, or by both such fine and imprisonment.

thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for a term not exceeding fifty days, or by both such fine and imprisonment.

      Sec. 3.  Nothing contained in his Act shall authorize an officer to order a member of a company, not under his command, to yield possession of property which is properly in the charge of such member under orders.

Disposition of militia property.

Chap. LX.–An Act to amend an Act entitled “An Act regulating the compensation of county officers in the several counties of this State, and other matters relating thereto,” approved March 20, 1891.

[Approved March 1, 1893.]

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

Assembly, do enact as follows:

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

      Section one.  The Sheriff and ex-officio Assessor of Lander county shall continue to receive the same compensation for official services as now provided by law; the County Clerk, as such, and also for all services as ex-officio Clerk where he is now such by law, shall receive an annual salary of nine hundred dollars, payable in equal monthly payments, and such civil fees as are now allowed by law; the County Recorder, as such, and as ex-officio Auditor, shall receive an annual salary of fifteen hundred dollars, payable in equal monthly payments, from and after the first day in January, eighteen hundred and ninety-five; the District Attorney, as such, and as ex-officio Superintendent of Public Schools, shall receive an annual salary, from and after the first day of January, eighteen hundred and ninety-five, of fifteen hundred dollars, payable in equal monthly payments; the County Treasurer and ex-officio Tax Receiver shall receive an annual salary of twelve hundred dollars, payable in equal monthly payments; the members of the Board of County Commissioners shall receive an annual salary of four hundred dollars each, and such mileage as is now allowed by law. No salary provided for in this Act shall be paid in advance, and no officer or ex-officio officer mentioned in this Act shall be allowed to employ any deputy at the expense of said Lander county. All officers of said Lander county named in this Act, except the Sheriff and ex-officio Assessor and County Clerk, shall collect all legal fees, percentage and other compensation for their official services, allowed by law, and pay the same into the treasury of said Lander county at the times and in the manner required by the Act of which this Act is amendatory, and shall in all respects conform to and be governed by sections sixteen to twenty-one, inclusive, of said Act; and none of said officers shall be paid any salary or other compensation for official services when in arrears in making the payments into the treasury of said county required by this Act.

Compensation of county officers of Lander county.

      Sec. 2.  This Act shall be in full force and effect from and after the date of its passage, except wherein it is otherwise expressed, and all acts and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed.

School house bonds for Elko.

Bonds authorized, how.

Chap. LXI.–An Act to authorize the School Trustees of School District No. 1, in the county of Elko, town of Elko, State of Nevada, to issue bonds for the purpose of providing additional school buildings for said school district.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Trustees of School District No. 1, it being the town of Elko, in the county of Elko, State of Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not exceeding six (6) per cent. per annum for a sum not exceeding three thousand dollars in United States gold coin. None of which said bonds shall run for a period longer than six (6) years from the second Monday of December in the year in which said bonds were issued.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred dollars each in gold coin and shall be payable to bearer, and the interest thereon shall be payable semi-annually, and coupons for such installment of such interest shall be attached to each of said bonds.

      Sec. 3.  The principal of said bonds shall be payable to the amount of five hundred dollars each year, commencing with the second Monday of December of the year of the issue thereof.

      Sec. 4.  The Board of Trustees of said school district are hereby authorized, when in their judgment it may be advisable, to build one more school room for said district, in addition to the three now in use, to call a school meeting for the purpose of providing means therefor. Such meeting shall be called in the manner provided by law for calling meetings for the purpose of raising money for similar purposes in school districts, and if a majority of the persons in said district, qualified to vote at said meeting, shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for, and to dispose of the same, and to erect and furnish the school house provided for in this Act.

      Sec. 5.  The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Elko county, State of Nevada.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the County Treasurer, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Elko School District No. 1 Fund, and to pay out said money only on warrants signed by the Chairman and Clerk of said Board of Trustees. The County Treasurer shall be liable on his official bond for the safe keeping of said money which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Elko county is hereby authorized and directed on or before the first Monday of April, eighteen hundred and ninety-three, and annually thereafter, at the time of making the levy for State and county purposes, to levy upon all of the taxable property of said School District No. 1, of Elko county, an amount not exceeding one-fourth of one per cent. upon each one hundred dollars of all property subject to taxation, according to law and its value as assessed, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the County Treasury and set apart as a fund which is hereby created to be known as the Elko School District No. 1 Fund, and the money in said fund shall be paid out by the County Treasurer in payment of the interest on the bonds aforesaid as the same become due, and upon presentation of the coupons therefor, and upon the presentation and surrender of said bonds when the same become due.

      Sec. 8.  Should the said bonds not be presented to the Treasurer when they become due interest will immediately thereafter stop.

      Sec. 9.  Whenever at the end of any fiscal year there shall remain any money in said fund, after paying the interest on said bonds and the redemption of one of said bonds, as provided for in section three of this Act, the Board of County Commissioners shall order the money so remaining to be transferred from the Elko School District No. 1 Fund to the Elko General School Fund No. 1.

Disposition of proceeds of sale.

Payment of bonds provided for.

Transfer of funds.

Chap. LXII.–An Act fixing the salaries of county offices in Eureka county, and consolidating certain officers therein.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  On and after the first Monday in January, eighteen hundred and ninety-five, the following named officers of Eureka county, Nevada, shall receive, in twelve equal monthly payments, the following salaries, viz.: The Assessor of said county shall receive the sum of two thousand dollars per annum;

Consolidating offices and fixing compensation of officers in Eureka county.

of said county shall receive the sum of two thousand dollars per annum; the Treasurer of said county shall receive six hundred dollars per annum; the District Attorney shall receive one thousand two hundred dollars per annum; the County Commissioners shall receive the sum of three hundred dollars per annum.

      Sec. 2.  On and after the first Monday in January, eighteen hundred and ninety-five, the County Clerk of Eureka county shall be ex-officio Recorder and Auditor, and ex-officio Clerk of the Court and of the Board of County Commissioners of said county, and shall receive for all of such services a salary of one thousand five hundred dollars per annum from the county, and in addition thereto such fees, in all cases wherein either the State of Nevada or the county of Eureka is not a party, as are now allowed by law to County Clerks and Recorders.

      Sec. 3.  The Sheriff of said county shall receive two thousand dollars per annum salary from the county, and such fees in addition thereto, in all cases wherein either the State of Nevada or the county of Eureka is not a party, as are allowed Sheriffs by law.

      Sec. 4.  The salaries named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commissioners, or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex-officio services of every kind and character rendered by said officers.,

      Sec. 5.  The officers named in this Act shall, after said date, appoint and pay their own deputies, and be responsible for their official acts; but no claim for any pay or compensation whatever, for the services of any of said deputies, shall be allowed by the Board of County Commissioners, or Auditor, or paid by the County Treasurer of said county, except the said Board may allow, and the Treasurer may pay, as other claims against the county, one Deputy Assessor, at a compensation not exceeding four dollars per day, and not to exceed three months in any one year.

      Sec. 6.  The officers of the county of Eureka named in this Act, on and after the first Monday in January, eighteen hundred and ninety-five, shall be entitled to charge, collect and retain as their own, for all services and ex-officio services redered by them for any person, corporation, State, or county, other than the county of Eureka, such fees and compensations as now are or hereafter may be allowed by law.

      Sec. 7.  This Act shall take effect and be in force on and after the first Monday in January, A. D. eighteen hundred and ninety-five.

Chap. LXIII.–An Act to authorize the Board of County Commissioners of Lander county to issue bonds to purchase the franchise and water works that supply the town of Austin with water.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Lander county, Nevada, are hereby authorized to prepare and issue bonds in the name of the town of Austin, not to exceed in amount twenty thousand ($20,000) dollars, for the purpose of purchasing the franchise and water works that supply said town with water.

      Sec. 2.  The Board of County Commissioners shall cause said bonds to be prepared in proper form; they shall be signed by the Chairman of said Board and countersigned by the Clerk, who shall attach thereto the seal of said county herein; they shall be payable to bearer at the office of the County Treasurer of said county at said town of Austin not more than ten (10) years from the date of their issue; said bonds shall bear interest at a rate not to exceed six per cent. per annum, interest payable semi-annually on the thirtieth day of June and December in each year; they shall have proper interest coupons attached thereto, which shall be signed by the Chairman of said Board.

      Sec. 3.  The said Board of Commissioners are hereby authorized and directed to negotiate the sale of said bonds. The proceeds of such sale shall be placed in the County Treasury of said county to the credit of the Water Fund, which fund is hereby created for the purposes mentioned in this Act.

      Sec. 4.  The bonds shall be of the denomination of not less than the sum of one hundred dollars, and not more than the sum of one thousand dollars, and shall be redeemed as hereinafter provided. The first coupon upon each of said bonds shall represent the fractional part of one year’s interest from the date of the issue to the thirtieth day of June or December next ensuing.

      Sec. 5.  For the purpose of creating a fund for the payment of the bonds hereby authorized, the said Board of County Commissioners are hereby authorized to levy a tax upon the taxable property situated within the limits of the said town of Austin, annually, not to exceed fifty cents upon each one hundred dollars assessed value of said property, sufficient to pay all of such bonds and the interest thereon as the same shall become due, and such tax shall be kept by the County Treasurer for said purpose and placed in said fund to be used for the payment of said bonds and the interest thereon when the same become due, and shall not be diverted for any other purpose whatever, and all moneys derived from the sale of water from said water works after paying the expenses of keeping the same in repair and other necessary expenses of selling the water and collecting the money from the sales thereof and other incidental expenses,

Water bonds to be issued for the town of Austin.

Sale of bonds.

Payment of bonds provided for.

Payment of bonds provided for.

keeping the same in repair and other necessary expenses of selling the water and collecting the money from the sales thereof and other incidental expenses, shall be paid into said Water Fund, to be used for the payment of said bonds and the interest thereon as aforesaid, or for the redemption of such bonds before they fall due, or the purchase thereof when money sufficient for that purpose has accumulated in said fund from the parties who offer to surrender said bonds, or any portion thereof, at the lowest rate after due notice of at least four weeks that bids will be received by said Board for the purchase of said bonds.

      Sec. 6.  The Treasurer of said county is hereby authorized and directed to pay all interest coupons, as the same shall fall due, upon the presentation and surrender by the holder of the coupons therefor, and to redeem said bonds after three years after the date of their issue, to the amount of fifteen hundred ($1,500) dollars each year, until the full amount of said bonds have been fully paid and redeemed.

Certain counties may change water courses.

Chap. LXIV.–An Act to authorize the Boards of County Commissioners of certain counties in the State of Nevada to cut and change the channels and courses of rivers and waterways in said counties for the purpose of preventing damage to and destruction of taxable property in said counties by the overflow of water from such rivers and waterways, and other matters pertaining thereto.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  In all counties of this State containing a voting population of not less than three hundred and seventy-five nor more than four hundred and twenty-five, to be determined by the total vote cast for Presidential Electors at the last general election held in the State of Nevada, the several Boards of County Commissioners are hereby authorized, empowered and directed to build dams in and to cut and change the channel and course of any river or waterway within their respective counties whenever the same shall be necessary in order to prevent damage to or destruction of taxable property therein, and for that purpose said Boards of County Commissioners shall have the right to enter upon, take and use private lands, and whenever such land cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction and cutting of such dam or dams, channel or channels, may be appropriated therefor in the same manner as is provided for the appropriation of the lands of others in an Act to amend an Act entitled “An Act to allow any person or persons to divert the waters of any river or stream and run the same through any ditch or flume, and to provide for the right of way through the lands of others,” approved March third, eighteen hundred and sixty-six; approved March six, eighteen hundred and sixty-nine.

stream and run the same through any ditch or flume, and to provide for the right of way through the lands of others,” approved March third, eighteen hundred and sixty-six; approved March six, eighteen hundred and sixty-nine.

      Sec. 2.  The Boards of County Commissioners of the several counties to which this Act is applicable are hereby restricted to the expenditure of the sum of one thousand dollars for the purpose of carrying out the provisions of this Act.

Chap. LXV.–An Act to amend an Act entitled “An Act to encourage the construction of a railroad in the State of Nevada from the eastern boundary of said State to the western boundary thereof,” approved March 19, 1891.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

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

      Section one.  Whenever, after the passage of this Act, the Utah and Nevada Air Line Railway Company, a corporation organized and now existing under and by virtue of the laws of the State of Nevada, its successors or assigns, shall have constructed a first-class railroad, of standard gauge, through the counties of White Pine, Eureka, Lander, Churchill and Washoe, said Utah and Nevada Air Line Railway Company, its successors or assigns, shall be entitled to receive the bonds of said counties, at the time and in the manner hereinafter provided, to the amount of three thousand dollars per mile for each and every mile of main track of said railroad completed in said county; provided, that said railroad shall be completed and in full operation within seven years from the date of the approval of this Act, and no bonds shall be issued under its provisions after that time.

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

      Section two.  Immediately upon the receipt by the Board of County Commissioners of either of said counties of a sworn certificate of the County Surveyor of such county, or of such a certificate of the Surveyor General of the State of Nevada, setting forth that twenty miles of such railroad, as herein mentioned, have been built and completed by said Utah and Nevada Air Line Railway Company, its successors or assigns, and in proper condition to receive the rolling stock, and that [that] section of twenty miles is a part of a continuous line of railway then in course of construction, as hereinbefore specified, it shall be the duty of said Board of County Commissioners of such county, and they are hereby directed, immediately to take such action as may be necessary to prepare and issue and to deliver sixty thousand dollars of the bonds of said county provided for in this Act to said Utah and Nevada Air Line Railway Company,

Bonds provided for Utah and Nevada Air Line Railroad.

When and how issued.

When bonds may be issued.

Provision for payment of bonds.

and issue and to deliver sixty thousand dollars of the bonds of said county provided for in this Act to said Utah and Nevada Air Line Railway Company, its successor or assigns, and thereafter as soon as each successive twenty miles of railroad shall have been completed and ready to receive the rolling stock in such county, and the same shall be shown by the certificate aforesaid, the said Board shall issue and deliver to said Utah and Nevada Air Line Railway Company, its successors or assigns, the bonds of said county at the rate of sixty thousand dollars in bonds of (for) each section of twenty miles thus completed in said county, and in case the last section necessary to complete the whole length of the road in said county shall not amount to twenty miles, then for such fractional section of twenty miles. Such bonds shall be issued at the rate of three thousand dollars per mile; provided, that no bonds shall be issued under the provisions of this Act after the lapse of seven years from the date of its approval, and no portion of said railroad not then completed shall receive any bonds from said counties in aid of its construction.

      Sec. 3.  Section 4 of said Act is hereby amended so as to read as follows:

      Section four.  In each of the counties from which bonds may be issued under and by virtue of this Act, there shall be annually applied from the revenue of such county to the payment of the interest and principal of said bonds which shall have been issued from said county, a sum of money equal in amount to the sum which shall be collected by said county from said Utah and Nevada Air Line Railway Company, its successors or assigns, from the taxes levied upon the entire property of the said Utah and Nevada Air Line Railway Company, its successors or assigns, in said county, less the amount of taxes which may have been levied on and collected therefrom for State and school purposes, and the amount so applicable to the payment of the interest and the redemption of the principal of said bonds shall be placed in a separate fund, to be called the “Railroad Interest and Sinking Fund,” which shall be applied: First, to the payment of the interest, as herein directed, and second, to the redemption of the principal of said bonds, as provided in this Act, it being the true intent and meaning of this section of this Act that the interest and principal of all of the bonds issued under the provisions of this Act shall be paid out of the revenue derived from [by] the respective counties from the taxes upon the property of said Utah and Nevada Air Line Railway Company, its successors or assigns, less the amount realized by said counties from the taxes levied for State and school purposes.

      Sec. 4.  Section 5 of said Act is hereby amended so as to read as follows:

      Section five.  Said bonds shall be payable in twenty-five years from the date of their issue, and both principal and interest shall be paid only as provided in this Act and in the Act of which this Act is amendatory.

      Sec. 5.  Section 6 of said Act is hereby amended so as to read as follows:

      Section six.  The bonds to be issued under the provisions of this Act shall be delivered to said Utah and Nevada Air Line Railway Company, its successors or assigns, by the Board of County Commissioners of the respective counties named. They shall be signed by the Chairman and Clerk of the Board, and shall bear the seal of said Board. The interest bearing coupons belonging and attached to each bond shall bear the engraved or lithographed signature of the Clerk of said Board of Commissioners.

      Sec. 6.  Section 8 of said Act is hereby amended so as to read as follows:

      Section eight.  The faith of the State of Nevada is hereby forever solemnly pledged that this Act shall never be repealed nor so modified as in any way to impair the security of those who shall hold or purchase any of the bonds in this Act provided, nor during the construction of said railroad after it has been in good faith commenced.

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

Bonds delivered, when.

Chap. LXVI.–An Act to authorize the School Trustees of School District Number One in Ormsby county to issue bonds for school purposes.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Board of School Trustees of School District Number One in the city of Carson, Ormsby county, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest, not exceeding six per cent. per annum, for a sum not exceeding twelve thousand dollars in gold, silver or legal money of the United States, none of which bonds shall run for a period longer than twenty years from date.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred dollars each in gold, silver or legal money of the United States; shall be payable to bearer, and the interest thereon shall be payable semi-annually, and coupons for such installment of such interest shall be attached to each of said bonds.

      Sec. 3.  The principal of said bonds shall be payable as follows: One thousand dollars of said bonds so issued shall be made payable in two years from the date of issuance thereof; the remainder shall be made payable in annual payments thereafter, none of which shall run for a period longer than twenty years from the date of their issuance.

      Sec. 4.  The Board of School Trustees of Carson School District are hereby authorized to repair and remodel that certain school building, known as the Carson high school building, situated in Carson City, Ormsby county, State of Nevada; provided, that such repairing and remodeling shall not exceed the sum of twelve thousand dollars.

Bonds provided for the repair of the Carson school house.

Bonds provided for the repair of the Carson School house.

Duties of school officers in relation to.

Redemption of bonds provided for.

school building, known as the Carson high school building, situated in Carson City, Ormsby county, State of Nevada; provided, that such repairing and remodeling shall not exceed the sum of twelve thousand dollars. The Board of School Trustees of said Carson School District shall immediately proceed to issue the bonds herein provided for, and when disposed of shall proceed with due diligence to repair and remodel the said building in accordance with the provisions of this Act. Said bonds shall not be sold below par value.

      Sec. 5.  The bonds and coupons, herein provided for, shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the County Treasurer of said Ormsby county.

      Sec. 6.  All moneys received from the sales of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Carson School District Repairing Fund, and to pay out said money only on warrants signed by the Chairman and Clerk of said Board of School Trustees, and duly allowed by the Board of County Commissioners of said Ormsby county. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Ormsby county are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year eighteen hundred and ninety-three, and annually thereafter, to levy upon all the taxable property of said School District Number One an amount not exceeding one-fourth of one per cent. upon each one hundred dollars’ valuation of said property, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and levied, and shall be paid into the County Treasury, and set apart to a fund which is hereby created, to be known as the “Carson School District Redemption Fund,” and the money in said fund shall be paid out by the County Treasurer in payment of the interest on the bonds aforesaid as the same become due, and upon presentation of coupons therefor, and upon the presentation and surrender of said bonds when the same become due.

      Sec. 8.  To provide for the payment of the bonds as they become due, and the first installment of interest upon the bonds issued under the provisions of this Act, the Board of County Commissioners of said county of Ormsby are hereby authorized and required, at their last regular meeting before said bonds and interest will become due, in case there is not money sufficient in said Carson School District Redemption Fund to pay said bonds and interest, to direct the County Treasurer to set apart from the General Fund in the County Treasury,

Treasury, to said Carson School District Redemption Fund, a sufficient amount to pay said bonds and interest, which amount shall be repaid out of the first moneys coming into the said Treasurer’s hands from the tax levied as aforesaid, and belonging to said Carson School District Redemption Fund.

Chap. LXVII.–An Act for the relief of J. A. Blossom for bounty for sinking an artesian well in Lander county, Nevada, in the year 1890.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one thousand seven hundred and sixty-five dollars is hereby appropriated out of any moneys in the General Fund of the State of Nevada not otherwise appropriated, to be paid to J. A. Blossom, as a bounty for sinking an artesian well on the southeast quarter of the southwest quarter of section seventeen, township thirty-two north, range forty-five east, Mount Diablo base and meridian, in Lander county, Nevada, during the year eighteen hundred and ninety.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of J. A. Blossom for the sum of one thousand seven hundred and sixty-five dollars, and the State Treasurer is hereby directed to pay the same.

J. A. Blossom, relief of.

Chap. LXVIII.–An Act amending section seven of an Act entitled “An Act reducing and regulating the salaries and compensations of certain State officers and attaches of the State government of Nevada,” approved February 21, 1881.

[Approved March 2, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 7 of an Act entitled “An Act reducing and regulating the salaries and compensation of certain State officers and attaches of the State government of Nevada,” approved February 21, 1881, is hereby amended to read as follows:

      Section seven.  To State Senators and members of the Assembly, eight dollars per day for each day of service, provided the total amount so paid shall not exceed the sum of four hundred dollars at any regular session, and fifteen cents per mile for each mile actually traveled in going to and returning from the place of meeting, which said mileage shall, however, be computed, in all cases, upon the shortest route, if there be two or more routes, to the said place of meeting; provided, that each member may be allowed not exceeding twenty dollars for the purchase of newspapers and stationery during each session.

Compensation of members of the Legislature.

Consolidating and providing compensation for Churchill county officers.

Chap. LXIX.–An Act consolidating certain county officers in Churchill county.

[Approved March 2, 1893.]

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 January, eighteen hundred and ninety-five, the Sheriff of Churchill county shall be ex-officio Assessor and Tax Collector, and he shall receive as such the sum of seven hundred dollars per annum, and such fees as are now allowed to the Sheriff in civil cases, and no further compensation shall be paid by the said county of Churchill.

      Sec. 2.  From and after the first day of January, eighteen hundred and ninety-five, the County Treasurer of Churchill county shall be ex-officio County Clerk and Clerk of the District Court and ex-officio Clerk of the Board of County Commissioners, and shall receive for his services the sum of nine hundred dollars, which shall be full compensation for his services as Treasurer, ex-officio County Clerk and Clerk of the District Court and ex-officio Clerk of Board of County Commissioners.

Counties may aid District Agricultural Societies.

Chap. LXX.–An Act authorizing the Boards of County Commissioners of the several counties of this State to grant aid to any District Agricultural Association within their respective counties, or within any agricultural district of which said county or counties may be a part.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of aiding each or any District Agricultural Association within any county or counties of this State, now formed under the laws of this State, which shall hereafter annually hold, within any county or counties composing said agricultural district, a fair for exhibition in successfully carrying out the purposes for which it has been organized, the Boards of County Commissioners of the several counties of this State are hereby authorized to appropriate any money or moneys out of the General Fund of their respective counties to aid any such District Agricultural Association, composing any agricultural district of which said county or counties may be a part.

      Sec. 2.  Any moneys hereby appropriated by said Board of County Commissioners shall be used by the Boards of Directors of each or any such District Agricultural Associations for the payment of such premiums as may be awarded by each or any of the several District Agricultural Associations or the Board of Directors thereof,

of the several District Agricultural Associations or the Board of Directors thereof, and for such purposes as the said associations may through their Board of Directors deem just and proper; provided, that none of the moneys so appropriated by said Boards of County Commissioners shall be used by the Boards of Directors of the various District Agricultural Associations, either directly or indirectly, for the purpose of paying any purse or purses for racing.

      Sec. 3.  Before any Board of County Commissioners within any county in this State shall appropriate any moneys as herein provided, [they] shall have presented to them a certificate under oath signed by the President and Secretary of the Board of Directors of such District Agricultural Association, showing the amount of money expended by such District Agricultural Association within such county or counties composing such Agricultural District, and that the same was expended for the payment of premiums awarded by the Board of Directors of such District Agricultural Association, and that the same was not expended, either directly or indirectly, for the purpose of paying any purse or purses for racing.

      Sec. 4.  Where more than one county or counties in this this State is included in and comprises an agricultural district, the Boards of County Commissioners of such county or counties are authorized to appropriate, out of the General Fund of said county, such money or moneys, for the encouragement of such District Agricultural Associations, as said Board or Boards may, in its judgment, deem just and proper; provided, however, that in no case shall such appropriation exceed the sum of fifteen hundred dollars in any one year.

      Sec. 5.  When the Boards of County Commissioners of each or any county of this State, constituting and comprising said District Agricultural Association, shall determine and allow the amount to be annually appropriated for the purposes herein mentioned, the same shall be paid as other bills against the county are paid. All warrants drawn pursuant to the provisions of this section, and of this Act, shall be payable to the order of the President of the Board of Directors of such District Agricultural Association, or, in case of his absence or inability to serve, then such warrants shall be payable to the order of such member of such Board of Directors as such Board shall, by a majority vote thereof, determine and direct.

No funds used for racing.

How funds to be used.

Amount limited.

On whose order payable.

Chap. LXXI.–An Act to amend an Act entitled “An Act concerning conveyances,” approved November 5, 1861.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section No. 8 of said Act is hereby amended so as to read as follows:

Form of acknowledgment.

      Section eight.  Such certificate shall be substantially in the following form, to-wit:

                                                                                State of Nevada, county of _______.

      On this ___ day of ______, A. D. _____, personally appeared before me, a Notary Public (or Judge, or other officer, as the case may be), in and for said county, A. B., known to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned; provided, that in all cases where acknowledgments have been made, or may hereafter be made, by nonresidents of this State, conveying the title to real property situated in this State, and such certificate of acknowledgment is executed in accordance with the laws of the State or Territory where such grantor resides, every such certificate shall have the same force and effect, and such conveyance shall be of equal validity as though such certificate contained the form and language prescribed in this section.

Ormsby county officers.

Chap. LXXII.–An Act to amend section seven of an Act entitled “An Act to consolidate certain county offices in and for the county of Ormsby, State of Nevada, fix their compensation and the compensation of other officers of said county,” approved March 5, 1891.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 7 of the above entitled Act is hereby amended so as to read as follows:

      Section seven.  All Acts and parts of Act, in so far only as they conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not, in any manner, affect the office of County Assessor, nor the office or compensation of the long term County Commissioner, elected at the general election in November, A. D. 1890, in and for Ormsby county, prior to the first Monday in January, Anno Domini eighteen hundred and ninety-five, nor any officer in said Ormsby county, prior to the first Monday in January, Anno Domini eighteen hundred and ninety-three.

Chap. LXXIII.–An Act to grant leave of absence to Frank R. Brotherton, County Clerk of Nye county.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Frank R. Brotherton, County Clerk of Nye county, is granted leave of absence from this State, for the period of five months, at any time during the years eighteen hundred and ninety-three or eighteen hundred and ninety-four which he may select; provided, he shall have and leave a competent deputy to discharge the duties of said office.

Frank R. Brotherton granted leave.

Chap. LXXIV.–An Act to repeal an Act entitled “An Act to regulate the business of assaying within the State of Nevada,” approved February 13, 1867.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The said Act entitled “An Act to regulate the business of assaying within the State of Nevada,” approved February thirteenth, eighteen hundred and sixty-seven, is hereby repealed.

Assaying Act repealed

Chap. LXXV.–An Act to amend an Act entitled “An Act consolidating certain county offices in White Pine county, and regulating compensation of the county officers in said county, and other matters relating thereto,” approved March 14, 1891.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 2 of the above entitled Act is hereby amended so as to read as follows:

      Section two.  The Sheriff of White Pine county shall receive as compensation for the Sheriff and his deputy, such fees as are allowed under the provisions of an Act entitled an Act to amend an Act entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada,” approved March nine, eighteen hundred and sixty-five; approved March six, eighteen hundred and seventy-five. The County Clerk and ex-officio Clerk of the District Court, ex-officio Clerk of the Board of Equalization,

Consolidating and defining compensation of county officers in White Pine county.

Consolidating and defining compensation of county officers in White Pine county.

of the Board of Equalization, ex-officio Clerk of the Board of County Commissioners, and ex-officio Clerk of the Board of Canvassers, shall receive three hundred dollars per annum as full compensation for all services rendered by him to the county of White Pine in the above and before named official positions, and as ex-officio Auditor he shall receive an additional salary of eight hundred dollars per annum as full compensation for all services rendered by him to the county and State as Auditor. The County Clerk and ex-officio County Recorder and ex-officio Auditor shall be entitled, and is hereby authorized to charge, collect, and retain as his own, for all services and ex-officio services rendered by him in his official capacity, for any person, State, or county, other than the State of Nevada and the county of White Pine, such fees and compensation as now are, or hereafter may be allowed by law. The County Treasurer and ex-officio County Assessor shall receive two thousand dollars per annum as full compensation for himself and deputies. The District Attorney and ex-officio Public Administrator and ex-officio Superintendent of Public Schools shall receive one thousand dollars per annum and such other fees as are now allowed by law; provided, that after the first day of January, A. D. eighteen hundred and ninety-five, the salary of District Attorney and ex-officio Public Administrator and ex-officio Superintendent of Public Schools shall be eight hundred dollars per annum. The County Commissioners shall each receive four hundred dollars per annum and such mileage as is now allowed by law.

      Sec. 2.  This Act shall take effect and be in force on and after the first day of April, A. D. eighteen hundred and ninety-three.

Assembly Journal copied by A. C. Pratt.

Chap. LXXVI.–An Act to provide for copying the Journal of the Assembly for the Sixteenth Session.

[Approved March 3, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and seventy-five dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to A. C. Pratt for copying the Journal of the Assembly, for the Sixteenth Session of the Nevada State Legislature, for the State Printer.

      Sec. 2.  Upon the receipt of a certificate from O. H. Grey, Secretary of State, that the Journal of the Assembly for the Sixteenth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said A. C. Pratt, named in section one of this Act, and the State Treasurer shall pay the same.

Chap. LXXVII.–An Act to amend section five hundred and three of 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 March 4, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 503 of 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,” is hereby amended so as to read as follows:

      Section five hundred and three.  An action may be brought by one or more persons against any other person or persons for the purpose of determining an adverse claim which the latter makes against the former, for money or property, upon an alleged obligation or liability of any nature or kind, or upon any claim for an accounting, or for any other legal or equitable relief, and also against any two or more persons for the purpose of compelling one to satisfy a debt due the other, for which plaintiff is bound as surety or otherwise. The word “person” in this section shall be deemed to include artificial as well as natural persons.

Civil practice.

Chap. LXXVIII.–An Act for the relief of Cagwin & Noteware.

[Approved March 4, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The sum of twenty-seven and twenty-five hundredths ($27 25) dollars is hereby appropriated out of the General Fund for the relief of Cagwin & Noteware.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant in favor of Cagwin & Noteware for the sum of twenty-seven and twenty-five hundredths ($27 25) dollars, and the State Treasurer is hereby authorized to pay the same.

Relief of Cagwin & Noteware.

Chap. LXXIX.–An Act to incorporate the Grand Lodge of Benevolent Bachelor Brothers and their subordinate lodges in this State.

[Approved March 4, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Grand Lodge of the Benevolent Bachelor Brothers 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.

Benevolent Bachelor Brothers may incorporate.

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.

      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 an Act amendatory thereof March 11, 1867, are hereby made applicable to the incorporation of the Grand Lodge of Benevolent Bachelor Brothers of the State of Nevada and its subordinate lodges.

Watchman may be appointed in Eureka.

Chap. LXXX.–An Act to amend an Act entitled an Act to amend section four of an Act entitled “An Act fixing the salaries and defining the duties of certain county officers in Eureka county, and other matters relating thereto,” approved March 7, 1889; approved March 19, 1891.

[Approved March 4, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of said Act is hereby amended so as to read as follows:

      Section four.  The Sheriff of Eureka county is hereby authorized and empowered to appoint one night watchman at a salary of seventy-five dollars per month, said salary to be allowed and paid in the same manner as the salaries of other county officers and employes are allowed and paid.

Fees of the office of Secretary of State.

Chap. LXXXI.–An Act to amend section thirteen of an Act entitled “An Act concerning the office of the Secretary of State,” approved February 14, 1865.

[Approved March 4, 1893.]

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

Assembly, do enact as follows:

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

      Section thirteen.  The fees chargeable by the Secretary of State shall be as follows: For a certified copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, forty cents per folio; for certificate and use of State Seal, five dollars for each impression; for filing each certificate of incorporation, five dollars; for recording such certificate, forty cents per folio; for filing and recording each official bond,

each official bond, five dollars; for filing an authenticated certificate of the appointment of agent of incorporations, upon whom service may be had, five dollars; for attesting extradition papers, five dollars for each time the State Seal is necessarily used; for filing and recording trade marks and names, five dollars; for each passport or other document signed by the Governor and attested by the Secretary of State, five dollars; for each commission as Notary Public, ten dollars; for each commission as Commissioner of Deeds, ten dollars; for each commission signed by the Governor and attested by the Secretary of State, other than Notarys Public and Commissioner of Deeds, five dollars; all commissions issued by the Governor to staff or line officers of the militia of the State of Nevada shall be without charge; all commissions issued to Directors of the Nevada State Agricultural Society, or to any Agricultural Society now organized, or that may be hereafter organized, shall be free; for searching records and archives of the State, and other records and documents kept in his office, he shall charge a reasonable fee. No member of the Legislature, or any State officer shall be charged for any search or other service which relates to matters appertaining to official duties. All fees collected in the office of the Secretary of State shall be paid into the State Treasury for the use and benefit of the Library Fund.

      Sec. 2.  Section three of an Act entitled “An Act concerning trade marks and names,” in so far only as it conflicts with this Act, is hereby repealed.

Fees of the office of Secretary of State.

Chap. LXXXII.–An Act making appropriations for the support of the civil government of the State of Nevada for the fiscal years 1893 and 1894.

[Approved March 4, 1893.]

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 purposes hereinafter expressed, and for the support of the government of the State of Nevada for the years 1893 and 1894:

      Sec. 2.  For the salary of the Governor, ten thousand ($10.000) dollars.

      Sec. 3.  For salary of the Governor’s Private Secretary, three thousand six hundred ($3,600) dollars.

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

      Sec. 5.  For salary of Secretary of State, six thousand ($6.000) dollars.

      Sec. 6.  For salary of Deputy Secretary of State, three thousand six hundred ($3,600) dollars.

Governor.

Lieutenant Governor.

Secretary of State.

State Controller.

State Treasurer.

Attorney General.

Surveyor General.

Public Instruction.

Supreme Court.

Clerk Supreme Court

State Printer.

Weather service.

Public Instruction.

Pay of Bailiff.

Porters and watchman.

Clerks in Land Office.

Attorney at Washington

Insane Asylum.

State Prison.

Orphans’ Home.

Deaf and dumb.

      Sec. 7.  For salary of the State Controller, six thousand ($6,000) dollars.

      Sec. 8.  For salary of Deputy State Controller, three thousand six hundred ($3,600) dollars.

      Sec. 9.  For salary of State Treasurer, six thousand ($6,000) dollars.

      Sec. 10.  For salary of Deputy State Treasurer, three thousand six hundred ($3,600) dollars.

      Sec. 11.  For salary of Attorney General, six thousand ($6,000) dollars.

      Sec. 12.  For salary of Surveyor General and State Land Register, six thousand ($6,000) dollars, payable out of the State School Fund.

      Sec. 13.  For salary of Deputy Surveyor General and State Land Register, three thousand six hundred ($3,600) dollars, payable out of the State School Fund.

      Sec. 14.  For salary of the Superintendent of Public Instruction, four thousand ($4,000) dollars, payable out of the General School Fund.

      Sec. 15.  For salaries of the Justices of the Supreme Court, thirty-three thousand ($33,000) dollars.

      Sec. 16.  For salary of the Clerk of the Supreme Court, six thousand ($6,000) dollars.

      Sec. 17.  For salary of the Superintendent of State Printing, four thousand ($4,000) dollars.

      Sec. 18.  For salary of the Director of the State Weather Service, twelve hundred ($1,200) dollars.

      Sec. 19.  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.

      Sec. 20.  For pay of Bailiff of the Supreme Court, five hundred ($500) dollars.

      Sec. 21.  For pay of porters and night watchmen for State Capitol, six thousand ($6,000) dollars.

      Sec. 22.  For pay of Draughtsman and Clerks in State Land Office, five thousand ($5,000) dollars, payable out of the State School Fund.

      Sec. 23.  For pay of attorney at Washington, D. C., to attend and represent the land interests of the State before the departments, one thousand ($1,000) dollars, payable out of the State School Fund.

      Sec. 24.  For transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners, eighty thousand ($80,000) dollars.

      Sec. 25.  For the support of the Nevada State Prison, including the salaries of Warden and Deputy Warden, sixty-five thousand ($65,000) dollars.

      Sec. 26.  For the support of the State Orphans’ Home, to be expended under the direction of the Board of Directors, twenty-eight thousand ($28,000) dollars.

      Sec. 27.  For the support and education of the deaf and dumb and blind, and their transportation to and from the institution, to be expended under the direction of the Board of Commissioners for the Care of the Insane, two thousand ($2,000) dollars.

stitution, to be expended under the direction of the Board of Commissioners for the Care of the Insane, two thousand ($2,000) dollars.

      Sec. 28.  For the support of the State Printing Office, including printing of Nevada Reports, twelve thousand ($12,000) dollars.

      Sec. 29.  For the payment of rewards offered by the Governor, two thousand ($2,000) dollars.

      Sec. 30.  For official advertising and book binding, including Supreme Court Reports, three thousand five hundred ($3,500) dollars.

      Sec. 31.  For current expenses, telegraphic, postal and contingent for the State officers, Supreme Court and State Library, and for the transportation of books and documents and storage and transportation of State property, three thousand six hundred ($3,600) dollars.

      Sec. 32.  For stationery, fuel and lights for State officers and the State Capitol building and grounds, four thousand ($4,000) dollars.

      Sec. 33.  For maintaining Capitol grounds and water works, three thousand ($3,000) dollars.

      Sec. 34.  For furniture and repairs for the State Capitol and repairs for the State Printing building, one thousand five hundred ($1,500) dollars.

      Sec. 35.  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, five hundred ($500) dollars, payable out of the State School Fund.

      Sec. 36.  For expenses of Teachers’ Institute for eighteen hundred and ninety-three and eighteen hundred and ninety-four, four hundred ($400) dollars, payable out of the General School Fund.

      Sec. 37.  For traveling expenses of Superintendent of Public Instruction, six hundred ($600) dollars, payable out of the General School Fund.

      Sec. 38.  For the necessary expenses of the Fish Commissioner in carrying out the provisions of an Act entitled “An Act to provide for the preservation of fish in the waters of this State,” approved March five, eighteen hundred and seventy-seven, three thousand ($3,000) dollars.

      Sec. 39.  For the purchase of instruments for and contingent expenses of Weather Service stations, two hundred ($200) dollars.

      Sec. 40.  For the support of the State University, twenty-five thousand ($25,000) dollars, payable out of the Contingent University Fund and the Interest Account, Ninety Thousand-Acre Grant, twelve thousand five hundred ($12,500) dollars from each.

      Sec. 41.  For insurance on State Library and Capitol building, to be expended only in case that such insurance can be effected for three years upon a valuation of one hundred and twenty-five thousand ($125,000) dollars, and within the limits of this appropriation, two thousand ($2,000) dollars.

Deaf and dumb.

State printing.

Rewards.

Book binding and advertising.

Contingent expenses.

Lights, fuel, stationery.

Capitol grounds.

Furniture and repairs.

Township plats.

Teachers’ Institute.

Public schools.

Fish Commissioner.

Weather service.

State University.

Insurance.

Nevada Reports.

Legislative halls.

State Agricultural Society.

Clerk State Library.

District Judges.

State Laboratory.

      Sec. 42.  For the indexing and preparation of Nevada Reports for publication, seven hundred ($700) dollars.

      Sec. 43.  For furnishing lights and fuel and repairing legislative halls and furniture for the seventeenth session of the State Legislature, five hundred ($500) dollars.

      Sec. 44.  For the aid of the State Agricultural Society for the years eighteen hundred and ninety-three and eighteen hundred and ninety-four, five thousand ($5,000) dollars.

      Sec. 45.  For pay of clerk in State Library, from January sixteen to March six, eighteen hundred and ninety-three, one hundred and sixty-six and twenty-five hundredths ($166.25) dollars.

      Sec. 46.  For traveling expenses of District Judges, three thousand six hundred ($3,600) dollars.

      Sec. 47.  For the support and maintenance of the State Laboratory for the free analysis of soils, mineral ores and water at the State University, six thousand ($6,000) dollars.

Manner of submitting Constitutional amendments.

Duties Secretary State.

Chap. LXXXIII.–An Act to provide for the submission of the proposed amendments to the Constitution of the State, as proposed by the Legislature of eighteen hundred and ninety-one, and adopted and agreed to by the Legislature of eighteen hundred and ninety-three, to the qualified electors at the next general election to be held A. D. eighteen hundred and ninety-four.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Legislature of the State of Nevada at its fifteenth session, commencing on the nineteenth day of January, eighteen hundred and ninety-one, having by the required constitutional majority proposed certain amendments to the Constitution of this State, and the same having been referred to the present Legislature, and having been published for three months next preceding the general election of eighteen hundred and ninety-two, as required by the Constitution of this State, and said amendments having been agreed to by all the members elected to each House of the Nevada Legislature at its sixteenth session, commencing on the sixteenth day of January, eighteen hundred and ninety-three. Now the Legislature of the State of Nevada does hereby submit to the voters of the State of Nevada, at the general election to be held A. D. eighteen hundred and ninety-four, said proposed constitutional amendments at the time and in the manner as provided in this Act and the election laws of this State.

      Sec. 2.  The Secretary of State is hereby authorized and directed to cause to be printed in the State Printing Office of the State of Nevada, fifteen thousand copies of said proposed constitutional amendments, and said amendments shall be printed in such manner and form as is most expedient for giving information to the voters of the State.

printed in such manner and form as is most expedient for giving information to the voters of the State.

      Sec. 3.  The said Secretary of State shall send to the County Clerk of each county in this State, not less than ninety days before said general election in eighteen hundred and ninety-four, as many copies of said proposed constitutional amendments as there were registered voters in said county or counties for the general election of eighteen hundred and ninety-two.

      Sec. 4.  The County Clerk of each county in this State is hereby authorized and directed, not less than thirty days before said general election in eighteen hundred and ninety-four, to mail to every registered voter within his county, as shown by the registry list for eighteen hundred and ninety-two, a copy of the said proposed constitutional amendments, as sent to him by said Secretary of State.

      Sec. 5.  Said proposed constitutional amendments shall be submitted to the voters of this State at the general election to be held A. D. eighteen hundred and ninety-four, in manner and form complying with the provisions and requirements of “An Act relating to elections, and to more fully secure the secrecy of the ballot,” approved March thirteen, eighteen hundred and ninety-one, and the Acts amendatory thereof and supplementary thereto.

      Sec. 6.  The votes cast for and against said proposed amendments shall be counted and returns thereof made and canvassed in the same manner as is provided by law for the canvass and return of votes for State officers, and if it shall appear that a majority of all the votes cast upon the question of such amendment or amendments at said next general election, to be held A. D. eighteen hundred and ninety-four, are in favor of such amendment or amendments as a part of the Constitution of this State, then the Governor shall issue his proclamation declaring such fact, and the said amendment or amendments thus adopted shall become and be a part of the Constitution of this State.

      Sec. 7.  Any informalities, omissions or defects in the publication, proclamations, notices, or in making the same, as herein provided, or in the other proceedings by the officers thereof under which said election shall be held, shall not be so construed as to render invalid the adoption by a majority of the electors qualified to vote for members of the Legislature voting thereon of any proposed amendment or amendments to the Constitution submitted to the people at said election; provided, it can be ascertained with reasonable certainty, from the official returns transmitted to the office of the Secretary of State, what amendment or amendments were adopted or rejected by a majority of such electors voting thereon at said election.

Duties Secretary State.

Duties County Clerks.

Time and manner of submission.

How votes are to be canvassed.

Informalities not to vitiate.

Licenses to be posted.

Chap. LXXXIV.–An Act defining the duties of Sheriffs in relation to the filing and posting of licenses.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The Sheriff of each county in the State shall, on the first Mondays of April, July, October and January, file with the Board of County Commissioners and post up in his office a statement showing the names of all persons, firms and corporations doing business in the county from whom licenses are collected, the nature and kind of said business, and the amount of license so paid.

Deputy State officers, salaries of.

Chap. LXXXV.–An Act reducing and regulating the salaries and compensation of certain attaches of the government of the State of Nevada.

[Approved March 6, 1893.]

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

Assembly, do enact as follows.

      Section 1.  From and after the first Monday of January, A. D. eighteen hundred and ninety-five, the following salaries shall be paid to the following named attaches of the State government: To the Governor’s Private Secretary and ex-officio Adjutant General, twelve hundred dollars per annum, and he shall act as Clerk of the Board of Pardons without further compensation. To the Deputy Secretary of State, twelve hundred dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners without further compensation. To the Deputy State Controller, twelve hundred dollars per annum, and he shall act as Clerk of the Board of State Printing Commissioners without further compensation. To the Deputy in the Surveyor General and State Land Register’s office, twelve hundred dollars per annum, payable out of the State School Fund. To an additional clerk in the Land Register’s office, when his employment is authorized by law, twelve hundred dollars per annum, payable out of the State School Fund. To the Deputy State Treasurer, twelve hundred dollars per annum, and he shall act as the Clerk of the Board of Commissioners for the Care of the Indigent Insane without further compensation.

Chap. LXXXVI.–An Act to amend an Act entitled “An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section. 1.  Section 54 of said Act is hereby amended so as to read as follows:

      Section fifty-four.  If such railroad company shall not, within four years after the filing of its original articles of association, begin the construction of its road and expend thereon at least five per cent. of the amount of its capital stock, and finish the road and put it in full operation within six years, its Act of incorporation shall be void.

Time extended.

Chap. LXXXVII.–An Act authorizing the Sheriff of Lander county, Nevada, to appoint the night watchman of the town of Austin, and to regulate the salary of said watchman.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The night watchman of the town of Austin shall, on and after the first Monday in January, A. D. eighteen hundred and ninety-five, be appointed by the Sheriff of Lander county, Nevada, and shall at any time be subject to removal from office by the said Sheriff.

      Sec. 2.  Said night watchman, when appointed under the provisions of this Act, shall receive a salary not to exceed seventy-five dollars a month, to be allowed and paid in the same manner as the salary of the night watchman of the town of Austin is now allowed and paid.

Night Watchman, town of Austin.

Chap. LXXXVIII.–An Act to amend an Act entitled “An Act to provide for the maintenance and supervision of public schools,” approved March 20, 1865; as amended by Acts approved March 6, 1869; approved February 28, 1881; approved March 2, 1885; approved March 12, 1885; approved March 14, 1891.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 39 of said Act is hereby amended so as to read as follows:

Duties County Commissioners as to school districts.

      Section thirty-nine.  The Board of County Commissioners of the several counties of this State are hereby authorized and empowered to create new school districts, change the boundaries of school districts heretofore established, or abolish the same whenever in their judgment it shall be for the best interests of the common schools so to do; provided, that when a new school district is organized, school shall be commenced within one hundred and twenty days from the action of the Board of County Commissioners creating such new school districts; and if school shall not be commenced within the said one hundred and twenty days, in the said district, then such action shall become void and no such district shall exist; and, provided further, that no district, organized under the provisions of this Act after its passage, shall exceed in size sixteen miles square.

Proceedings in moving for new trial.

Chap. LXXXIX.–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 March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  Section 197 of said Act is hereby so amended as to read as follows:

      Section one hundred and ninety-seven.  The party intending to move for a new trial shall give notice of the same, as follows: When the action has been tried by a jury within five days after the rendition of the verdict, and when the action has been tried by the Court or by a referee, within ten days after receiving written notice of the rendering of the decision of the Judge or of the filing the report of the referee, the notice shall designate generally the grounds upon which the motion will be made. Within five days after giving such notice the said party shall prepare and file with the Clerk the affidavit or statement required by the last section. A copy of the affidavit shall, on the same day, be served on the adverse party. The party preparing the statement shall number the pages and lines thereof, and, after having filed the same with the Clerk, and had such filing entered and indorsed, shall serve the same on the adverse party on the same day, who may propose amendments thereto, referring to the page and line of the statement, and shall, within five days after the service on him of the statement, file his amendment with the Clerk, and, after having such filing entered and indorsed, shall, on the same day, serve the same, with the statement, upon the moving party, who shall, within five days thereafter, give written notice to the adverse party if he declines admitting the amendments, or they shall be deemed accepted. At any time thereafter either party may have the statement settled by the Judge or referee upon two days’ notice thereof to the other party.

statement settled by the Judge or referee upon two days’ notice thereof to the other party. If no affidavit or statement be filed within five days after the notice for a new trial, the right to move for a new trial shall be waived. When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict or other decision, it shall be a sufficient assignment of error to specify that the verdict of the jury, or the decision, or judgment, or decree of the Court, is not supported by the evidence, or is contrary to the evidence. In such case, where it appears that the evidence, taken altogether, does not support the verdict, or decision, or judgment, or decree of the Court, a new trial shall be granted, or, upon appeal, the case shall be reversed without regard to whether there are express findings upon all the issues, or whether the specifications particularly point out the finding or findings, either express or implied, that are not supported by the evidence, or are contrary thereto. When the notice designates, as the ground of the motion, error in law occurring at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded. The statement shall contain so much of the evidence or reference thereto as may be necessary to explain the particular points thus specified, and no more. When the statement is agreed to it shall be accompanied with the certificate, either of the parties themselves in fact or their attorney, that the same has been agreed upon and is correct. When settled by the Judge or referee, it shall be accompanied with his certificate that the same has been allowed by him and is correct. When no amendments have been filed, the statement shall be accompanied with the certificate of the Clerk of that fact. On the argument, reference may also be made to the pleadings, depositions, and documentary evidence on file, testimony taken and written out by a shorthand reporter authorized by the Court to make the same, and the minutes of the court. If the application be made upon affidavits filed, the adverse party may use counter affidavits on the hearing. Any counter affidavit shall be filed with the Clerk, and copies served on the moving party, at least two days previous to the hearing. The affidavits and counter affidavits, or the statement thus used in connection with such pleadings, depositions, documentary evidence on file, testimony taken by a reporter, and minutes of the court as are read or referred to on the hearing, shall constitute, without further statement, the papers to be used on appeal from the order granting or refusing the new trial. To identify the affidavits, it shall be sufficient for the Judge or Clerk to indorse them at the time as having been read or referred to on the hearing. To identify any depositions, documentary evidence on file, testimony taken by a reporter, or minutes of the court read or referred to on the hearing, it shall be sufficient that the Judge designate them as having been read or referred to in his certificate to be for that purpose by him made thereon. The several periods of time limited may be enlarged by the written agreement of the parties, or upon good cause shown, by the court or the Judge before whom the cause was tried.

Proceedings in moving for new trial.

Duties of District Judge and Clerk of Court.

time limited may be enlarged by the written agreement of the parties, or upon good cause shown, by the court or the Judge before whom the cause was tried.

Name of and who may be members of National Guard.

Duties of Governor as Commander-in-Chief.

Rank of officers.

Oath on commission.

Consequences of failure to take oath.

Chap. XC.–An Act relating to the National Guard and the enrolled militia.

[Approved March 6, 1893.]

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

Assembly, do enact as follows:

      Section 1.  The organized militia, or armed force of the State of Nevada shall be called the Nevada National Guard.

      Sec. 2.  All persons subject to military duty and not members of the National Guard shall constitute the enrolled militia.

      Sec. 3.  The Governor, as Commander-in-Chief of the militia of the State, shall issue commissions to all officers appointed or elected therein. The commissions shall be attested by the Secretary of State with the Great Seal, and also by the Adjutant General with the seal of his office. No fee shall be charged for military commissions.

      Sec. 4.  All commissioned officers of the organized volunteer regiments, battalions and companies shall take rank according to the date assigned them by their commissions, and when two of the same grade be of the same date, their rank shall be determined by length of service in the militia, and if of equal service, then by their precedence in the order promulgating their appointment.

      Sec. 5.  A copy of the constitutional oath of office shall be indorsed on each commission, and each officer shall take said oath and transmit a certified copy of the same, made by the officer administering the oath, to the Adjutant General. The commissions shall take effect on the day of the taking of the oath; provided, the certified copy be forwarded.

      Sec. 6.  The failure to take the oath or to forward the certificate thereof shall not be a bar to the prosecution of any officer as such, if he shall have performed any act or function pertaining to the office, nor shall the failure in taking or forwarding of the oath prescribed at enlistment be a bar to the prosecution of any member; but such failure on the part of either officer or other member shall be a misdemeanor, and as soon as known at headquarters, the office shall be declared vacant, or the membership void and of no effect.

      Sec. 7.  No informality in an appointment or a commission, or in the qualification thereon, shall invalidate the acts or commands of an officer performing duties in obedience to orders, but the failure to correct such informality when known shall be a misdemeanor.

      Sec. 8.  All persons becoming members of the National Guard of this State shall take and subscribe the following oath, which all commissioned officers thereof are authorized to administer: “I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nevada,

which all commissioned officers thereof are authorized to administer: “I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nevada, and will maintain and defend the laws and all officers employed in administering the same.” Which oath, certified by the officer administering the same, must be returned to the Adjutant General and be preserved with the rolls of the companies.

      Sec. 9.  Each officer entitled to a staff shall appoint the members of his staff, unless otherwise provided by law. Each staff officer so appointed shall be an actual, and not merely constructive, resident of Nevada and of the district or military division in which he is to serve.

      Sec. 10.  Any officer of a regiment, battalion, or company receiving and accepting any staff appointment, except that of Adjutant, shall be considered as ipse facto resigning his commission in such regiment, battalion, or company. Any officer may be permitted by the Commander-in-Chief to join in target practice and matches with the company of which he was a member when appointed or elected.

      Sec. 11.  The word “Company” shall be held to include a company of infantry, a troop of cavalry, or battery of artillery; the word “Member” shall be held to include every person, whether officer or private, in the National Guard; the word “Militia,” not qualified by other words-the words “National Guard” and the words “Organized Militia”-shall be deemed to refer only to the Nevada National Guard.

      Sec. 12.  Every person appointed to an office shall hold the office either at the pleasure of the appointing officer, or until his successor shall have been appointed and qualified.

      Sec. 13.  When there shall be a vacancy in an elective office, unfilled by the electing power, the Commander-in-Chief shall have power to appoint an officer to fill the vacancy for a stated term not exceeding one year. During the term, or at the end thereof, an election may be had to fill the vacancy to occur at the end of the term.

      Sec. 14.  The Commander-in-Chief shall have the power to appoint from the members of the National Guard all officers that may by law be required, and for whose appointment or election no other provision is made; but the appointment of a general officer, except the Adjutant General, shall be made by and with the advice and consent of the Senate.

      Sec. 15.  It shall be the duty of each and every commanding officer of any volunteer company in this State, on or before the last Mondays of March and September of each year, to muster his company and to make out in triplicate muster rolls setting forth the names and number of the members of his company, the officers in the order of their rank and the privates in alphabetical order, and stating at the foot of such muster rolls a list of all arms, accoutrements, ordnance and ordnance stores and other public property in his possession, one of which muster rolls, duly certified, he shall transmit, through his commanding officer, to the Adjutant General of the State; he shall file one in the office of the County Clerk of his county, and he shall keep the other as a voucher for himself.

Form of oath.

Appointing power.

Who may join in target practice.

Meaning of the word company.

Tenure of office.