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κ1895 Statutes of Nevada, Page 11κ

 

LAWS OF THE STATE OF NEVADA,

PASSED AT THE

SEVENTEENTH SESSION OF THE LEGISLATURE.

 

1895.

 

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CHAPTER 1

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

 

[Approved January 26, 1895.]

 

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 ($30000) 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, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified to him in accordance with law, and the State Treasurer is hereby authorized and required to pay the same.

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

 

 

 

 

 

 

 

State Treasurer required to set apart money.

 

 

 

Controller authorized to draw warrant.

 

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CHAPTER 2

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

 

[Approved January 29, 1895.]

 

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-two thousand ($32,000) dollars, which shall constitute the Legislative Fund.

 

 

 

 

 

 

 

State Treasurer required to set apart money.

 


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κ1895 Statutes of Nevada, Page 12 (CHAPTER 2)κ

 

 

 

Controller authorized to draw warrant.

 

 

 

To revert to General Fund.

Assembly Bill No. 1 repealed.

not otherwise specially appropriated, the sum of thirty-two thousand ($32,000) 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, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified to him in accordance with law, and the State Treasurer is hereby authorized and required to pay the same.

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

      Sec. 4.  Assembly Bill No. 1, entitled “An Act to create a Legislative Fund,” passed at the Seventeenth Session of the Nevada Legislature, is hereby repealed.

 

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CHAPTER 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shall be deemed guilty of misdemeanor.

Chap. III.–An Act supplementary to an Act entitled “An Act concerning crimes and punishments,” approved November 26, A. D. 1861; to prohibit males declaring an illicit carnal knowledge of females.

 

[Approved February 5, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every male person who shall in any language or words whatsoever, either truthfully or falsely, orally declare, in the presence of two or more other persons, of good general reputation, in the locality in which they reside that he has had carnal knowledge of any certain female person other than his lawful wife, except when under oath in a court of justice, or elsewhere with or without oath in the matter of a preparation for a judicial proceeding, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the County Jail for a period of not less than ninety days, nor more than six months, or by a fine of not less than two hundred nor exceeding five hundred dollars.

 

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CHAPTER 4

 

 

 

 

 

 

 

 

Appropriations by County Commissioners repealed.

Chap. IV.–An Act to repeal chapter one hundred and twenty of the Acts of the Legislature of Nevada, approved March 9, 1893.

 

[Approved February 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Act of the Legislature entitled “An Act authorizing and directing appropriations by Boards of County Commissioners for encampments and other public holiday celebrations,” approved March 9, 1893, is hereby repealed.

 

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κ1895 Statutes of Nevada, Page 13κ

CHAPTER 5

Chap. V.–An Act to amend “An Act concerning the payment in money of debts and other obligations,” approved February 15, 1893.

 

[Approved February 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Amend section one to read 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, in either the standard silver or gold coins or other legal money authorized by the Congress of the United States.

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

 

 

 

 

 

 

 

 

 

Obligations of debt to be paid in any legal money authorized by Congress.

 

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CHAPTER 6

Chap. VI.–An Act to provide for the copying of the Journal of the Assembly for the Seventeenth Session.

 

[Approved February 14, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and fifty dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Miss Nellie Sweeney for copying the Journal of the Assembly for the Seventeenth Session of the Nevada State Legislature for the State Printer.

      Sec. 2.  Upon the receipt of a certificate from Eugene Howell, Secretary of State, that the Journal of the Assembly for the Seventeenth 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 Miss Nellie Sweeney named in section one of this Act and the State Treasurer shall pay the same.

 

 

 

 

 

 

 

 

Copying Assembly Journal.

 

 

Secretary of State to certify.

 

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CHAPTER 7

Chap. VII.–An Act fixing the salary of the Treasurer of Eureka county, State of Nevada, and other matters relating thereto.

 

[Approved February 14, 1895.]

 

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 the Treasurer of Eureka county, State of Nevada, shall receive in twelve equal monthly payments a salary of nine hundred dollars per annum.

      Sec. 2.  The salary named in this Act shall be the only salary or compensation 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 County Treasurer.

 

 

 

 

 

 

 

 

Salary of Treasurer of Eureka county.

 


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κ1895 Statutes of Nevada, Page 14 (CHAPTER 7)κ

 

 

      Sec. 3.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

 

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CHAPTER 8

 

 

 

 

 

 

 

 

 

 

 

 

Two counsel may argue.

 

One counsel may argue.

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

 

[Approved February 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section three hundred and fifty-seven of the above entitled Act is hereby amended so as to read as follows:

      Section three hundred and fifty-seven.  If the indictment be for an offense punishable with death, two counsel on each side may argue the cause to the jury, but in such case as well as in all others the counsel for the people must open and must conclude the argument. If it be for any other offense, the Court may in its discretion restrict the argument to one counsel on each side.

 

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CHAPTER 9

 

 

 

 

 

 

 

 

Board of Regents authorized to construct and furnish buildings to be used as dormitories.

 

Amount named for each building.

 

 

To purchase additional land, not to exceed in cost the sum of $3,000.

 

 

Amount appropriated.

Chap. IX.–An Act to provide for the building and furnishing of dormitories and for the purchase of additional land at the Nevada State University at Reno, Nevada.

 

[Approved February 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of Regents of the State University are hereby authorized and directed to construct and furnish two suitable buildings of brick or stone upon the State land at Reno, Nevada, set apart for the uses of the State University, to be used as dormitories for the students attending, or to attend, the State University, one of which shall be for male students and the other for female students.

      Sec. 2.  The building to be used by male students and the furnishing thereof shall not exceed in cost the sum of twenty-five thousand dollars; and the building to be used by female students and the furnishing thereof shall not exceed in cost the sum of ten thousand dollars.

      Sec. 3.  The Board of Regents are hereby authorized to purchase additional land on the west side of the present University campus, if the purchase of such additional land be deemed necessary for the suitable location of either or both of the dormitory buildings hereinbefore provided for, and said land shall not cost to exceed the sum of three thousand dollars.

      Sec. 4.  Thirty-eight thousand dollars are hereby appropriated for the construction and furnishing of said buildings and for the purchase of said land, and in no case shall a contract be entered into which shall exceed the sum of thirty-five thousand dollars for the erection of said buildings and the furnishing of the same and the sum of three thousand dollars for the purchase of said land.

 


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κ1895 Statutes of Nevada, Page 15 (CHAPTER 9)κ

 

dollars for the erection of said buildings and the furnishing of the same and the sum of three thousand dollars for the purchase of said land.

      Sec. 5.  The money hereby appropriated shall be taken from the State School Fund, and, in its place, shall be deposited thirty-eight bonds of one thousand dollars each, bearing interest at the rate of four per cent. per annum; said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure, after two years; said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes its State School Fund thirty-eight thousand dollars, the interest on which sum at four per cent. per annum she agrees to pay during the life of said bonds for the benefit of the common schools of the State; said bonds may be lithographed as is usual in similar cases, and deposited with the Treasurer of the State. The interest on said bonds shall be paid semi-annually, on the first days of January and July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the State University Interest and Sinking Fund herein created. All sums derived from the interest on said bonds shall go into the General School Fund for the support of the common schools of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged.

      Sec. 6.  There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and ninety-five, and annually thereafter, an ad valorem tax of one and one-fifth cents on each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State University Interest and Sinking Fund, for the payment of interest and redemption of bonds herein authorized by this Act.

 

 

Appropriation to be taken from State School Fund.

 

Bonds to be signed.

 

 

 

 

 

Interest paid semi-annually.

 

 

Interest to go into General School Fund.

 

 

Ad valorem tax to be levied and collected.

 

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CHAPTER 10

Chap. X.–An Act to amend an Act entitled “An Act to provide for uniform examinations for teachers’ certificates and other matters properly connected therewith,” approved March 6, 1893.

 

[Approved February 18, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  Examinations for teachers’ certificates in this State shall be held in the several counties semi-annually, beginning on the second Monday in January and July, and continuing not more than three days at any one examination; provided, that the interest of the schools in any county requires such examinations.

 

 

 

 

 

 

 

 

 

 

Examinations for teachers shall be semi-annually.

 


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κ1895 Statutes of Nevada, Page 16 (CHAPTER 10)κ

 

 

examinations. Examinations shall not be held at other times than are herein specified, except with the consent and authorization of the State Board of Education.

 

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CHAPTER 11

 

 

 

 

 

 

 

Duties and compensation of Sheriff.

 

Duties and compensation of Treasurer.

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

 

[Approved February 18, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this Act, 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 approval of this Act, 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 per annum, 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 the Board of County Commissioners.

      Sec. 3.  An Act consolidating certain county officers in Churchill county, approved March 2, 1893, is hereby repealed.

 

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CHAPTER 12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apportionment of Notaries Public.

Chap. XII.–An Act to amend an Act entitled “An Act to provide for the appointment of Notaries Public and defining their duties,” approved February 9, 1864; amended March 20, 1865; further amended February 9, 1866; further amended March 13, 1867; further amended January 27, 1879; further amended February 26, 1881; further amended January 30, 1883; further amended March 4, 1889.

 

[Approved February 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section one of the above entitled Act as amended as set forth in the title of this Act is hereby amended so as to read as follows:

      Section one.  The Governor is hereby authorized to appoint and commission Notaries Public in the several counties in this State as follows: For Storey county, twelve; Lander county, sixteen; Nye county, sixteen; Churchill county, four; Esmeralda county, thirty; Ormsby county, six; Humboldt county, sixteen; Washoe county, sixteen; Douglas county, five; Lyon county,

 


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κ1895 Statutes of Nevada, Page 17 (CHAPTER 12)κ

 

county, eight; Eureka county, fifteen; Elko county, fifteen; White Pine county, ten; Lincoln county, sixteen; and for any new county hereafter created or organized, six, who shall hold office for the term of four years; provided, the Governor may at any time, for cause, revoke the commission of the Notary Public appointed under the provisions of this Act.

 

 

To hold office for four years.

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CHAPTER 13

Chap. XIII.–An Act to repeal chapter one hundred of the laws passed by the State Legislature of Nevada, during the Sixteenth Session thereof, approved March 6, 1893.

 

[Approved February 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Act of the Legislature of the State of Nevada, entitled “An Act to authorize the County Commissioners of Washoe county to issue bonds for the paying of the outstanding indebtedness of the General Road Fund of said county and of improving the roads therein, and to provide a fund for the payment of said bonds,” approved March 6, 1893, is hereby repealed.

 

 

 

 

 

 

 

 

 

County Commissioners to issue bonds.

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CHAPTER 14

Chap. XIV.–An Act supplementary to an Act to provide for the preservation and care of the State Museum.

 

[Approved February 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Rooms 10 and 11 on the second floor in the State Printing Office Building are hereby placed at the disposal of the Curator of the Museum and he is authorized to erect therein shelves, cases, and stands for the purpose of exhibiting the mineral resources of this State; provided, however, that said rooms may still be used as committee rooms.

 

 

 

 

 

 

 

 

Rooms for State Museum.

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CHAPTER 15

Chap. XV.–An Act to prohibit the sale of ardent spirits within the Capitol Building of the State of Nevada.

 

[Approved February 25, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person who shall, on and after the first day of April, one thousand eight hundred and ninety-five, sell, barter, give, or in any way dispose of, any spirituous or malt liquors, wines or cider, of any description whatever, within the Capitol Building of this State, shall be deemed guilty of a misdemeanor and upon conviction thereof,

 

 

 

 

 

 

 

 

Prohibits liquors in Capitol Building.

 


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κ1895 Statutes of Nevada, Page 18 (CHAPTER 15)κ

 

 

Penalty.

demeanor and upon conviction thereof, before any Court of competent jurisdiction, shall be fined in any sum, not less than one hundred dollars, and not exceeding five hundred dollars, or be imprisoned in the County Jail for any time, not less than one month and not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court.

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CHAPTER 16

 

 

 

 

 

 

 

 

 

To compile mining laws.

Chap. XVI.–An Act to provide for the compilation and printing of the mining laws of the State of Nevada.

 

[Approved February 25, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Superintendent of Public Instruction is hereby authorized to compile the mining laws of this State; and subject to the approval of the State Board of Examiners to have not more than two thousand copies of the same printed at the State Printing Office.

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CHAPTER 17

 

 

 

 

 

 

 

 

 

 

L. F. Dunn, relief of.

 

 

H. P. Flannery, relief of.

 

James Hearty, relief of.

Chap. XVII.–An Act to provide relief for L. F. Dunn, H. P. Flannery, and James Hearty.

 

[Approved February 26, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and eighty-seven dollars and fifty cents ($187 50) is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid as follows: To L. F. Dunn, the sum of one hundred and thirty-two dollars and fifty cents ($132 50) for services performed and expenses incurred, as County Clerk of Humboldt county, in the election contest case of Hardin vs. Francis; the sum of thirty dollars ($30) to H. P. Flannery for services performed and expenses incurred, as Sergeant-at-Arms of the Assembly, in the election contest case of Hardin vs. Francis; the sum of twenty-five dollars ($25) to James Hearty, for services performed in repairing the Assembly Chamber.

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

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CHAPTER 18

 

Chap. XVIII.–An Act to repeal an Act entitled “An Act for the better protection of the estates of deceased persons,” approved March 6, 1893.

 

[Approved February 26, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain Act of the Legislature of the State of Nevada entitled “An Act for the better protection of the estates of deceased persons,” approved March 6, 1893, is hereby repealed.

 


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κ1895 Statutes of Nevada, Page 19 (CHAPTER 18)κ

 

of Nevada entitled “An Act for the better protection of the estates of deceased persons,” approved March 6, 1893, is hereby repealed.

Act relating to estates repealed.

 

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CHAPTER 19

Chap. XIX.–An Act to amend an Act entitled “An Act consolidating certain county and township offices in the State of Nevada, and fixing the salaries of the officers thereof, and all other matters relating thereto,” approved March 12, 1885, as amended by Acts approved, respectively, March 9, 1889, March 21, 1891, and February 10, 1893.

 

[Approved February 26, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section twelve of said Act approved March 12, 1885, as amended by said Acts approved, respectively, March 9, 1889, March 21, 1891, and February 10, 1893, is hereby amended so as to read as follows:

      Section twelve.  The following named officers within 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 services 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 the sum of eighteen hundred dollars a year. Each County Commissioner shall receive the sum of six hundred dollars a year for his services 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 twelve hundred, shall receive the sum of nine hundred dollars a year and such fees in civil cases only 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 of each township wherein the number of votes cast at the last general election equaled or exceeded twelve hundred shall receive the sum of nine hundred dollars a year and such fees in civil cases only as are now allowed by law; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Storey county officers.

Salary of Sheriff.

 

May appoint deputies.

 

Salary of County Clerk.

 

May appoint deputy.

 

 

Salary of County Recorder.

Salary of District Attorney.

County Commissioners.

Justice of the Peace.

 

 

 

Constables.

 


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κ1895 Statutes of Nevada, Page 20 (CHAPTER 19)κ

 

Justice of the Peace.

 

 

Constables.

for services rendered in civil or criminal cases. The Justice of the Peace in each township wherein the number of votes cast at the last general election equaled or exceeded three hundred shall receive for his services the sum of four hundred and eighty dollars a year and such fees as are now allowed by law. The Constables in the townships last named shall each receive for his services the sum of four hundred dollars a year; provided, neither such Justices of the Peace nor such Constables shall have any claim against the county for services rendered in civil or criminal cases. Nothing in this Act shall affect Justices of the Peace or Constables in any county other than Storey.

      Sec. 2.  This Act shall take effect from and after its passage; and it shall be construed to regulate and authorize the payment of the salaries fixed in section one, to the officers therein named, from and after the first Monday of January, 1895.

 

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CHAPTER 20

 

 

 

 

 

 

 

 

 

Fees of Justices of the Peace.

Chap. XX.–An Act to amend an Act entitled “An Act concerning the fees of Justices of the Peace,” approved March 11, 1867.

 

[Approved February 27, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  Justices of the Peace shall be allowed the following fees for their services: For filing each paper, twenty-five cents; for issuing any writ or paper, by which suit is commenced, one dollar; for entering cause in docket, fifty cents; for subpoena to each witness, twenty-five cents; for administering oath or affirmation, twenty-five cents; certifying to the same, twenty-five cents; for issuing writ of attachment or arrest, or order for the delivery of property, two dollars; for entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents; for taking and approving any bond or undertaking required by law to be taken or approved by him, one dollar; for issuing a venire, one dollar; for taking deposition, per folio, twenty-five cents; for issuing commissions to take testimony, one dollar; for copy of any judgment, order, docket, proceeding or paper in his office, per folio, twenty-five cents; for entering satisfaction of judgment, fifty cents; for issuing execution, one dollar; for taking acknowledgments of deeds or other instruments, including certificates, for the first name, one dollar; for each subsequent name, twenty-five cents; for issuing supersedeas to an execution, one dollar; for making up and transmitting transcript and paper on appeal, two dollars; for issuing search warrant, one dollar; for celebrating marriage and returning certificate to the Recorder, five dollars; for issuing writ of restitution, one dollar; for all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of ten dollars;

 


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κ1895 Statutes of Nevada, Page 21 (CHAPTER 20)κ

 

exceeding in any one case the sum of ten dollars; provided, that in preliminary examinations in criminal cases, the Justice of the Peace, sitting as a committing magistrate, shall be allowed, in addition to other fees allowed by law, fifty cents for the first folio, and twenty-five cents for each additional folio; for taking bail after commitment in criminal cases, to be collected from the defendant, one dollar; for entering any cause without process, one dollar; for entering judgment by confession, as in the District Court, three dollars; for each motion, exception, rule, order, default, dismissal, discontinuance or non-suit, and for filing each paper required to be filed, twenty-five cents.

 

 

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CHAPTER 21

Chap. XXI.–An Act for the relief of Thomas Giblin.

 

[Approved February 28, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this Act it shall be lawful for the Board of County Commissioners of Elko county, and they are hereby directed to audit and allow upon presentation to said Board at any regular or special session the claim of Thomas Giblin in the sum of two hundred and fifty ($250) dollars subscribed and paid by him in full, to what was known as the University Building Company at Elko in the year 1873; provided, that said Board of Commissioners are fully satisfied that said amount was fully paid into said fund and that no part thereof has been reimbursed to the said Thomas Giblin.

      Sec. 2.  It shall be the duty of the County Auditor of Elko county and he is hereby instructed to draw his warrant in favor of the said Thomas Giblin or his legal representative, and the County Treasurer of Elko county is hereby authorized and directed to pay the same upon the presentation.

      Sec. 3.  All Acts or parts of Acts inconsistent or repugnant to the provisions of this Act are hereby repealed.

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

 

 

 

 

 

 

 

County Commissioners to allow claim of Thomas Giblin.

 

 

 

 

 

Auditor to draw warrant.

 

 

 

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CHAPTER 22

Chap. XXII.–An Act to provide for copying the Journal of the Senate for the Seventeenth Session.

 

[Approved February 28, 1895.]

 

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 the Legislative Fund of the State Treasury, to be paid to Miss Ida Biroth for copying the Journal of the Senate of the Nevada State Legislature for the State Printer.

      Sec. 2.  Upon the receipt of a certificate from Eugene Howell, Secretary of State, that the Journal of the Senate for the Seventeenth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State,

 

 

 

 

 

 

 

 

Copying Senate Journal.

 


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κ1895 Statutes of Nevada, Page 22 (CHAPTER 22)κ

 

 

Secretary of State to certify.

Seventeenth 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 Miss Ida Biroth named in section one of this Act, and the State Treasurer shall pay the same.

 

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CHAPTER 23

 

 

 

 

 

 

 

 

 

 

 

 

To allow claims for tree planting in Eureka county.

Chap. XXIII.–An Act to authorize the County Commissioners of Eureka county to allow the claims and authorize warrants to be drawn on the General Fund of the county therefor of all persons in the county who have complied with section one of an Act entitled “An Act to encourage the growth of forest trees,” approved March 7, 1873, and the amendments thereto.

 

[Approved March 1, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Eureka county are hereby authorized to allow the claims of all persons for bounty in Eureka county, who have planted forest trees and cultivated the same in compliance with section one of an Act entitled “An Act to encourage the growth of forest trees,” approved March 7, 1873, and the amendments thereto, upon proof to the satisfaction of said Board that said persons have planted and cultivated forest trees in compliance with the first section of said Act.

 

________

 

CHAPTER 24

 

 

 

 

 

 

 

 

 

 

 

County Commissioners authorized to levy ad valorem tax.

Chap. XXIV.–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.

 

[Approved March 1, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one hundred and fifty.  The Board of County Commissioners in each county of this State are hereby authorized and empowered to levy annually, on or before the first Monday in March, an ad valorem tax for county purposes not exceeding the sum of two dollars on each one hundred dollars value of taxable property in the county and such special taxes as may be authorized and required by law; provided, the total tax levy in any one year for all purposes shall not exceed five dollars on each one hundred dollars value of taxable property in any county or part thereof; provided, no levy in excess of one dollar and fifty cents on each one hundred dollars value of taxable property therein shall be so levied in any county of this State for county purposes unless the county is indebted for liabilities contracted prior to January 1st next preceding the making thereof and not bonded or funded,

 


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κ1895 Statutes of Nevada, Page 23 (CHAPTER 24)κ

 

prior to January 1st next preceding the making thereof and not bonded or funded, when a levy for county purposes, within the limit first above prescribed, such as in the judgment of the County Commissioners will enable the county to discharge such indebtedness and meet the expenses of the current year, may be levied.

 

 

________

 

CHAPTER 25

Chap. XXV.–An Act to amend section three of an Act entitled “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.

 

[Approved March 2, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section three.  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 day of July following, any sage cock, 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 sage cock, 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.

 

 

 

 

 

 

 

 

 

 

 

Close season for sagehens

 

________

 

CHAPTER 26

Chap. XXVI.–An Act to repeal an Act entitled “An Act requiring payment of licenses for compensated services of stallions,” approved March 14, 1891.

 

[Approved March 2, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  An Act entitled “An Act requiring payment of licenses for compensated services of stallions,” approved March 14, 1891, is hereby repealed.

 

 

 

 

 

 

 

 

License for repealed.

 

________

 

 


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κ1895 Statutes of Nevada, Page 24κ

CHAPTER 27

 

 

 

 

 

 

 

 

Board of School Trustees to issue bonds.

 

 

 

 

Denomination of bonds.

 

 

Bonds, when payable.

 

 

 

 

Board to purchase ground.

 

 

 

 

 

 

 

 

 

How signed and countersigned.

 

Treasurer to receive and keep money from sale of bonds

 

 

Chap. XXVII.–An Act to authorize the School Trustees of School District Number Three, in Humboldt county, Nevada, to issue bonds for school purposes.

 

[Approved March 2, 1895.]

 

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 No. 3 in the town of Lovelock, Humboldt county, Nevada, are hereby authorized under the provisions of this Act to issue bonds bearing interest, not exceeding seven (7) per cent. per annum, for a sum not exceeding seven thousand five hundred ($7,500) dollars in United States gold coin, none of which said bonds shall run for a period longer than fifteen (15) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred ($100) dollars each and the interest thereon shall be payable annually, the coupons for such payment of interest to be attached to each of said bonds.

      Sec. 3.  The principal of said bonds shall be made payable as follows: Five hundred ($500) dollars of said bonds shall be made payable January first, A. D. eighteen hundred ninety-six (1896), and the remainder shall be made payable in annual payments thereafter, none of which bonds shall run for a period longer than fifteen (15) years from the first of January, A. D. eighteen hundred ninety-six (1896).

      Sec. 4.  The said Board of Trustees are hereby authorized to purchase a suitable piece of ground in or near said town of Lovelock, centrally and conveniently located, if the piece of ground already owned by said District is not deemed suitable to build a school house upon, and upon the ground so purchased, or upon the ground already owned by said District as they shall select, shall build thereon a school building with the necessary and proper out houses and appurtenances, the aggregate cost of said land, building and other improvements not to exceed the sum of seven thousand five hundred ($7,500) dollars, and the said Board of Trustees shall immediately proceed to issue the bonds herein provided for, and, when the same are disposed of shall proceed with due diligence to select said land, erect said building and make said improvements in accordance with the provisions of this Act.

      Sec. 5.  The bond 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 Humboldt 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 Lovelock “School Building Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor upon bills duly allowed by the Board of School Trustees, and approved by the County Superintendent.

 


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

κ1895 Statutes of Nevada, Page 25 (CHAPTER 27)κ

 

Board of School Trustees, and approved by the County Superintendent. 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 interest upon said bonds the Board of Commissioners of said Humboldt 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-five (1895), and annually thereafter, to levy upon the property of said school district such tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the County Treasury and kept by the Treasurer in a fund to be known as the “School District Number Three Interest Fund,” and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due upon presentation and surrender by the holder of the coupons therefor.

      Sec. 8.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Humboldt 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-five (1895), and annually thereafter, to levy upon all taxable property of said School District No. 3, sufficient to raise the sum of five hundred ($500) dollars each year, sufficient to pay the 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 collected, and shall be paid into the County Treasury, and by him assigned to the General Fund of said county. At maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county upon the presentation and surrender of said bonds. If the tax, so as aforesaid levied for the redemption of said bonds, should exceed the sum of five hundred ($500) dollars a year, whenever the aggregate amount of money so collected, shall equal the full sum necessary to redeem said bonds, the tax hereby authorized for said purpose shall cease and should there be any excess over and above said sum of seven thousand five hundred ($7,500) dollars, the amount of said excess shall be transferred to the School Fund of said District. Should the amount of said tax realized up to and including the year nineteen hundred and ten, be less than the amount necessary for the redemption of said bonds, they shall nevertheless be redeemed and paid out of the said General Fund as herein provided and a special tax shall be levied by the County Commissioners upon the property within said School District for the year nineteen hundred and eleven sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner and paid into the General Fund of said county.

 

 

 

Board of Commissioners to levy tax to pay interest on bonds.

 

 

 

 

 

 

 

 

To raise $500 annually to pay principal on bonds

 


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

κ1895 Statutes of Nevada, Page 26 (CHAPTER 27)κ

 

 

levied, assessed and collected in the usual manner and paid into the General Fund of said county.

 

________

 

CHAPTER 28

 

 

 

 

 

 

 

 

 

CountyCommissioners of Douglas county to issue bonds for road purposes.

 

 

 

 

How signed and countersigned.

 

 

 

Denomination of bonds $1,000 each.

Chap. XXVIII.–An Act to authorize the County Commissioners of Douglas county, Nevada, to issue bonds for road purposes, and to provide for the redemption thereof.

 

[Approved March 4, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Douglas county, Nevada, are hereby authorized and empowered to issue bonds, in the name of said county, for an amount not exceeding the sum of ten thousand dollars, United States gold coin, exclusive of interest, for general road purposes, or for the purchasing or constructing of a road from Carson valley to connect with the lower Genoa and Carson road in said county, and bridges incidental thereto, and for the building and improvement of other roads in said Douglas county, and the money obtained by the sale of said bonds shall be placed in the General Road Fund of said county.

      Sec. 2.  The said Board of County Commissioners shall cause said bonds to be prepared, and they shall be signed by the Chairman of said Board, and countersigned by the Clerk thereof, who shall affix the seal of the said county thereto. Coupons for interest shall be attached to each bond and shall be consecutively numbered and be signed by the Chairman of said Board of County Commissioners.

      Sec. 3.  The said bonds shall be issued in denominations of one thousand dollars each, numbered consecutively, with interest thereon at a rate not to exceed six per cent. per annum, payable annually, in United States gold coin on the first Monday in January of each year at the office of the County Treasurer of said Douglas county. On the first Monday in January, A. D. nineteen hundred, and every twelve months thereafter, one of said bonds shall be paid and taken up; and whenever the County Treasurer shall pay any coupons or bond, under the provisions of this Act, he shall cancel the same in the usual manner and turn the same over to the County Auditor, who shall give him credit therefor.

 

________

 

CHAPTER 29

 

Chap. XXIX.–An Act to amend an Act entitled “An Act to provide for the maintenance and supervision of public schools,” approved March 20, 1865.

 

[Approved March 4, 1895.]

 

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

Assembly, do enact as follows:

 

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

 


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

κ1895 Statutes of Nevada, Page 27 (CHAPTER 29)κ

 

      Section twenty-six.  No Trustee shall be pecuniarily interested in any contract made by the Board of Trustees of which he is a member; provided, that any School District in this State which, at the last school census taken in the year 1894 by the School Census Marshal in said district, had an enumeration of not less than one hundred and fifty school census children, and not exceeding four hundred, resident within such district, or any district which may in the future have an enumeration of not less than one hundred and fifty school census children, and not exceeding four hundred, the Board of Trustees for such district, may purchase supplies for such district not exceeding in the aggregate the sum of thirty dollars in any one month from one of their number, when in the judgment of said Board of Trustees it would be an inconvenience not to do so, but the member from whom said supplies are purchased shall not vote upon the allowance of any bill for the same, and any contract made in violation of this section shall be null and void.

 

 

 

 

 

 

Board of Trustees may purchase supplies.

 

________

 

CHAPTER 30

Chap. XXX.–An Act to refund the subscriptions paid in aid of the Nevada Exhibit at the Midwinter Fair, and to provide for the payment of the outstanding indebtedness incurred in making the said exhibit.

 

[Approved March 4, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fourteen thousand three hundred and eighty-seven dollars and eleven cents ($14,387 11) is hereby appropriated out of any moneys in the General Fund of the State of Nevada, for the purpose of refunding the subscriptions and donations paid in aid of the Nevada Exhibit at the Midwinter Fair held at San Francisco, California, A. D. 1894, and for the payment of the outstanding indebtedness incurred in making the said exhibit, as follows:

      To Theo. Winters, $137 50; to R. K. Colcord, $100; to M. D. Foley, $100; to W. O. H. Martin, $100; to J. R. Bradley, $100; to R. R. Bigelow, $100; to E. Williams, $100; to John Lee, $100; to W. J. Westerfield, $100; to G. W. Grayson & Co., $100; to Carson Water Company, $100; to R. L. Horton, $100; to Gerlach & Co., $100; to D. O. Mills, $250; to Miller & Lux ,$100; to Southern Pacific Railroad Co., $500; to J. W. Mackay, $500; to Henderson Banking Company, $100; to G. F. Talbot, $100; to W. T. Smith, $100; to Lander county, $500; to F. G. Newlands, $200; to Union Mill and Mining Co., $200; to Humboldt county, $500; to Churchill county, $500; to D. B. Lyman, $100; to R. P. Keating, $100; to C. E. Calm, $10; to D. L. Bliss, $100; to John P. Jones, $500; to J. B. Mallon, $100; to F. A. Bierke, $50; to Ormsby county, $500; to W. E. Sharon, $100; to citizens of Elko county, $1,000; to R. W. Morrow, $300; to Frank Bell, $100; to First National Bank, $250; to A. E. Cheney, $100; to G. H. Thoma, $100; to Agency Bank of California,

 

 

 

 

 

 

 

 

 

Amount appropriated.

 

 

 

 

 

To whom appropriated.

 


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

κ1895 Statutes of Nevada, Page 28 (CHAPTER 30)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other claims to be paid.

 

 

 

 

 

 

 

 

 

State Controller to draw warrant.

Bank of California, $250; to F. W. Sharon, $150; to Lovelock Commercial Company, $100; to Pacific Borax Company, $200; to Bank of Nevada, $431 43; to J. W. Freeman, $50; to First National Bank, Winnemucca, $250; to W. E. F. Deal, $100; to A. G. Hawes, $250; to G. F. Turritin, $100; to Wells, Fargo & Co., $250; to J. P. Woodbury, $100; to Nevada Salt and Borax Company, $200; to J. T. Jones, $100; to D. A. Bender, $100; to D. W. Earl, $250; to R. L. Fulton, $50; to H. Harris, $100; to Wheeler, Hall & Co., $100; to J. A. Yerington, $1,182 02; to J. F. Aitken, $14 25; to C. A. Thurston, $9 50; to Miss Ollie Bray, $50; to Mrs. R. M. Clarke, $307 85; to C. H. Stoddard, $26 66; to J. D. Ernst, $61 88; to Mrs. J. D. Ernst, $50; to Mahoney Bros., $42 75; to Illustrated Publishing Company, $33; to Overland Freight Transfer Company, $25; to Mrs. R. S. Meacham, $10; to R. L. Horton, $60; to J. E. Jones, $60; to Chas. E. Bray, $16 75; to United Carriage Company, $72; to State Board Agriculture, $100; to S. P. Davis, $40 50; to L. H. Taylor, $383 42; to E. C. McClellan, $110; to Armstrong & De Guerre, $302 60.

      Sec. 2.  Each and every person, county, corporation, company, association, or firm, having subscribed and paid, or donated, any sums of money in aid of the Nevada Exhibit at the said Midwinter Fair, or to whom any indebtedness may be owing on account thereof, shall have a claim against the State of Nevada, for the amount of such subscription paid, donation or indebtedness, and may present such claim to the State Board of Examiners within ninety days after the approval of this Act in the same manner as is now provided by law for the presentation of claims against the State; provided, that the total amount of such claims allowed by the State Board of Examiners shall not exceed the amount appropriated in this Act; and provided further, that all such claims not so presented within ninety days after the approval of this Act shall be forever barred.

      Sec. 3.  The State Controller is hereby required to draw his warrant for any and all amounts allowed by the State Board of Examiners under the provisions of this Act not exceeding in the aggregate the amount herein appropriated, and the State Treasurer is hereby required to pay the same out of the fund herein created.

 

________

 

CHAPTER 31

 

 

 

 

 

 

 

 

 

To establish high schools

Chap. XXXI.–An Act permitting the establishment of county high schools in the various counties of this State, and providing for the construction, maintenance and management of the same.

 

[Approved March 4, 1895.]

 

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

Assembly, do enact as follows:

 

      Sec. 1.  There may be established in any county in this State a high school; provided, that at any general or special election held in said county after the passage of this Act, a majority of all the votes cast at such election, upon the proposition to establish a high school, shall be in favor of establishing and maintaining such high school at the expense of said county.

 


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κ1895 Statutes of Nevada, Page 29 (CHAPTER 31)κ

 

lish a high school, shall be in favor of establishing and maintaining such high school at the expense of said county.

      Sec. 2.  The Board of County Commissioners at any general election to be held in any county after the passage of this Act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said Board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing, and maintaining a county high school to the qualified electors thereof. The Board of County Commissioners, upon the presentation of said petition, if they deem it expedient, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words “For a County High School” and the words “Against a County High School.” The votes cast for and against said county high school at any election therefor, shall be counted and returns thereof made and canvassed in a manner provided for by law for counting, making returns, and canvassing the votes of a general election; provided, that the election officers appointed to conduct any special election held for said purpose, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor.

      Sec. 3.  If the majority of all the votes cast on the proposition to establish a high school are in the affirmative it shall be the duty of the Board of County Commissioners, within thirty days after canvassing said vote, to locate the school in some suitable and convenient place in said county. The County Board of Commissioners, together with the County Board of Examiners, who shall be known as the County Board of Education, shall also at the same time estimate the cost of purchasing suitable grounds, erecting a building and furnishing the same for the accommodation of the school together with the cost of conducting such school for the next twelve months; provided, that the County Board of Education may rent suitable rooms for the accommodation of the school. If rooms can be obtained in the public school buildings in the place in which said school shall be located, such rooms shall be given the preference.

      Sec. 4.  When such estimate shall have been made, the Board of County Commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county sufficient to raise the amount estimated as necessary for the purchase of suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months. Said tax shall be computed, entered on the tax roll, and collected in the same manner as other taxes are computed, entered and collected, and the amount so collected shall be deposited in the County Treasury, and be known and designated as the “County High School Fund,” and shall be drawn from the treasury as other moneys so deposited are drawn.

 

 

Board of CountyCommissioners must make order.

 

 

Board may orderspecial election.

 

 

 

The election held according to law.

 

 

 

 

Board to locate the school.

 

 

County Board of Education to estimate cost of purchasing grounds, erecting buildings, etc.

 

 

Special tax to be levied by Board of CountyCommissioners.

 


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κ1895 Statutes of Nevada, Page 30 (CHAPTER 31)κ

 

Building to be deeded to County Board of Education.

 

To constitute County Board of Education.

 

 

 

 

 

 

 

Duties of County Board of Education.

 

 

 

 

 

 

County High School Fund

 

 

 

 

 

Who shall be admitted.

      Sec. 5.  When the Board of County Commissioners shall have properly provided and completed the building, together with the necessary fencing of the grounds so purchased, they shall cause the same to be deeded to the County Board of Education, who shall hold the same in trust for the county.

      Sec. 6.  The Board of County Commissioners of such counties wherein a county high school shall be established shall, after the expiration of the term for which the County Superintendent holding office at the time of the establishment of a county high school in that county, thereafter appoint two competent persons, who with the County Superintendent shall constitute the County Board of Education. Such appointments shall be made biennially at the first meeting of the Board of County Commissioners held after the first day of January following the election of a County Superintendent of Schools, and the persons so appointed shall hold their office two years or until their successors are appointed and qualified.

      Sec. 7.  It shall be the duty of the County Board of Education to furnish, annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school; to adopt the necessary text books, to adopt and enforce a course of study for said school; to employ suitable teachers, janitors and other employes and discharge such employes when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school. The course of study shall be such as will, when it is completed by the student, fit him for admission to the University of Nevada.

      Sec. 8.  It shall be the duty of the Board of County Commissioners to include in their annual tax levy the amount estimated by the County Board of Education as needed to pay the expenses of conducting the county high school; and such amount, when collected and paid into the County Treasury, shall be known as the “County High School Fund,” and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school, in the manner now provided by law for drawing money by School Trustees.

      Sec. 9.  All high schools shall be open for the admission of such pupils residing in the county as shall be able to pass the examination for admission, which examination shall be conducted by the County Board of Education and the Principal of the county high school.

      Sec. 10.  All previous laws conflicting with any of the provisions of this Act are hereby repealed.

 

________

 

CHAPTER 32

 

 

 

 

 

 

 

Need not reside at State Capital.

Chap. XXXII.–An Act concerning the residence of the Lieutenant-Governor.

 

[Approved March 5, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Lieutenant-Governor shall not be required to reside at the seat of State government.

 


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κ1895 Statutes of Nevada, Page 31 (CHAPTER 32)κ

 

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

 

 

________

 

CHAPTER 33

Chap. XXXIII.–An Act to authorize the Board of Funding Commissioners of Esmeralda county to issue bonds for the purpose of providing a fund to pay the bonded indebtedness of said county, and to place all of the financial transactions of said county on a cash basis.

 

[Approved March 5, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  In order to refund the indebtedness of Esmeralda county, for which bonds are now issued and at present outstanding under the Act approved February 28, 1883, and March 1, 1883, and to place all of the financial transactions of said county on a cash basis. The Chairman of the Board of County Commissioners, the County Auditor, and the County Treasurer of said county and their 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 on or before the 9th day of April, 1895, fifteen thousand ($15,000) dollars, or less, and on or before the 9th day of April, 1897, the further sum of fifteen thousand ($15,000) dollars, or less, bonds of the county of Esmeralda, and to pledge the good faith and credit of said county to the payment of both principal and interest thereof in United States gold coin. Said bonds shall be of the denomination of $100, $300, $500 and $1,000 each, and each shall purport in substance that the said county of Esmeralda owes the holder thereof a sum of money in gold coin of the United States of America, to be expressed therein, bearing interest at the rate of not to exceed seven per cent. per annum, from and after the 9th day of April, 1895, for the first $15,000 of said bonds, and from and after the 9th day of April, 1897, on the second issue of $15,000, or less, of said bonds, said interest payable semi-annually after the first payment of interest on the first day of January and July in each year; the first payment of interest to be made on the bonds issued on the 9th day of April, 1895, shall be on the first day of January, 1896, and semi-annually thereafter on the days above stated, and the first payment of interest to be made on the bonds issued on the 9th day of April, 1897, shall be made on the first day of January, 1898, and semi-annually thereafter as above stated, and all interest and the principal of said bonds to be paid at the office of the County Treasurer of said county. One-third of the bonds hereby authorized to be issued on or before the 9th day of April, 1895, the principal of said bonds shall be due and payable at the Treasurer’s office of said county on the first day of January,

 

 

 

 

 

 

 

 

 

 

Funding Commissioners of Esmeralda county, how constituted.

 

 

 

 

 

Commissioners to prepare bonds.

 

 

 

 

 

 

 

 

Bonds, when due and payable.

 


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

κ1895 Statutes of Nevada, Page 32 (CHAPTER 33)κ

 

 

 

 

 

 

 

Bonds to be signed by the Chairman of the Board of CountyCommissioners.

Treasurer’s office of said county on the first day of January, 1905, one-third on the first day of January, 1910, and the remaining one-third of the first day of January, 1915, and the bonds hereby authorized to be issued on or before the 9th day of April, 1897, shall become due and payable in three equal installments, one-third of the principal of said bonds shall be due and payable on the first day of January, 1920, one-third on the first day of January, 1925, and the remaining one-third on the first day of January, 1930, and the whole thereof shall be paid at the office of the Treasurer of said county. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county, countersigned by the Auditor and indorsed by the Treasurer, and shall be attested with the seal used by the Clerk of the Board of County Commissioners of said county. Said bonds shall have attached thereto coupons for the payment of interest thereon semi-annually; and said coupons shall be numbered, and shall respectively express the amount of interest due and when payable, and shall be signed by the Chairman of the Board of County Commissioners and the Treasurer.

      Sec. 3.  It shall be the duty of the Funding Commissioners, the Auditor and Treasurer to each keep a separate record, of all such bonds as may be issued under the provisions of this Act, showing the number, date, denomination and amount, and to whom issued, together with the coupons that may be issued, and whenever any interest shall be paid upon any bond issued, the coupon or coupons for the interest then due shall be separated from the bond, delivered to the Treasurer, who shall cancel the same, and deliver it or them to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. When any bonds issued under the provisions of this Act are redeemed, the County Treasurer shall cancel the same by writing or printing across the face of the same the words “paid” and sign the same officially and deliver the same to the County Auditor, taking his receipt for the same, whose duty it shall be to file the same in his office.

      Sec. 4.  As soon as the said bonds are issued under the provisions of this Act, the Board of Funding Commissioners are hereby authorized to exchange an equal number of new bonds for the bonds now due and payable on the 9th day of April 1895, but in the event such exchange cannot be made, then the bonds authorized by this Act to be issued, or so many thereof as may be required to meet the wants of the county, shall be sold at not less than par and the proceeds of such sale to be applied in the payment of the bonds now due, and issued under the Act of March 1, 1883, and the residue thereof to be placed in the General Fund of the county to meet the payment of claims that are now due and to become due, and the said Funding Commissioners are hereby authorized to either exchange the bonds authorized to be issued under the provisions of this Act, on or before the 9th day of April 1897, for the bonds to fall due on that date, but in case the exchange cannot be made, then to sell said bonds at not less than par and pay off said indebtedness, when it becomes due.

 


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κ1895 Statutes of Nevada, Page 33 (CHAPTER 33)κ

 

sell said bonds at not less than par and pay off said indebtedness, when it becomes due.

      Sec. 5.  In order to meet the semi-annual payment of interest and until the principal and interest of said bonds to be issued, shall have been fully paid, in addition to the ordinary taxes for county purposes, the County Commissioners of Esmeralda county shall for the year A. D. 1895, and annually thereafter, until the principal and interest is paid, order and cause to be levied and collected at the same time, and in the same manner as other revenues of said county are levied and collected, a special tax of not exceeding forty cents on each one hundred dollars of taxable property in said county, and the money raised from such tax shall be placed in the “Interest and Sinking Fund” of said county, and shall so far as necessary be applied to the payment of the semi-annual interest on said bonds, at the times herein stated. The overplus shall annually be placed in the General Fund of said county, to be replaced in said “Interest and Sinking Fund” when needed to pay any principal when due of said bonds, and if the amount so raised from said special tax, and in said “Interest and Sinking Fund” shall be insufficient to pay the interest or principal of said bonds as they become due, then the sum lacking shall be made up out of the General Fund of said county.

      Sec. 6.  Whenever at any time there shall be in the said “Interest and Sinking Fund” a sum of money amounting to one thousand dollars or upwards, and all interest due on said bonds shall have been paid, and the amount of money in the said fund will not be needed for the payment of the future interest to accrue within the ensuing twelve months, the Board of Funding Commissioners may insert an advertisement in at least one newspaper published in the county, for a period of at least three 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.

      Sec. 7.  In case the owner and holder of the lowest numbered outstanding bond or bonds, neglects or refuses to surrender bonds for payment, then and in such case the Board of Funding Commissioners may redeem any numbered outstanding bond or bonds that may be offered for payment; provided, that the amount paid for such bond or bonds shall not exceed the par value of the said bond or bonds; and provided further, that nothing in this Act shall be so construed as to require the purchasing of bonds as herein provided, when such purchase would have a tendency to reduce the amount of money in the “Interest and Sinking Fund” below the amount required to pay any bond or bonds as they become due.

      Sec. 8.  It shall be the duty of the Funding Commissioners to negotiate for the exchange, or sale of said bonds. None of said bonds shall be sold for less than their par value.

      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.

 

 

 

 

 

 

A special tax to be levied.

 

 

 

Money from tax to be placed in the Interest and Sinking Fund.

 

 

 

 

 

 

Board of Funding Commissioners to advertise.

 

 

 

 

 

 

 

 

 

 

 

Funding Commissioners to negotiate for exchange or sale of bonds.

 


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κ1895 Statutes of Nevada, Page 34 (CHAPTER 33)κ

 

 

To be transferred to the General Fund.

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.

      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 by law.

      Sec. 11.  All Acts or parts of Acts in so far as they are in conflict with any of the provisions of this Act are hereby repealed, and the faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed, omitted until all the bonds issued under and by virtue thereof shall have been paid in full, both principal and interest.

 

________

 

CHAPTER 34

 

 

 

 

 

 

 

 

Relating to Nye county.

Chap. XXXIV.–An Act supplementary to an Act entitled “An Act to fund the Court House bonds of Nye county,” approved February 23, 1881.

 

[Became a law March 7, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Act entitled “An Act to fund the Court House bonds of Nye county,” approved February 23, 1881, shall remain in force and its provisions are hereby extended for any period of time within sixteen years from the first day of January, eighteen hundred and ninety-seven.

      Sec. 2.  This Act shall take effect and be in force from the first day of January, eighteen hundred and ninety-seven.

 

________

 

CHAPTER 35

 

 

 

 

 

 

 

 

 

 

 

Relating to estates.

Chap. XXXV.–An Act to amend section one hundred and ninety-six of an Act entitled “An Act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, as amended December 19, 1862.

 

[Approved March 7, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section one hundred and ninety-six of said Act, as amended December 19, 1862, is hereby amended so as to read as follows:

      Section one hundred and ninety-six.  The executor or administrator shall take into his possession all the estate of the deceased, real and personal, and shall collect all debts due to the deceased. For the purpose of bringing suits to quiet title, or for partition of such estate, the possession of the executor or administrator shall be deemed the possession of the heirs or devisees;

 


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κ1895 Statutes of Nevada, Page 35 (CHAPTER 35)κ

 

administrator shall be deemed the possession of the heirs or devisees; such possession by the heirs or devisees shall be subject, however, to the possession of the executor or administrator for all other purposes, and the executor or administrator shall be entitled to be represented by an attorney, to be appointed by him, in every step or proceeding connected with, or pertaining to the management or control of the estate, who may receive for his services rendered to the executor or administrator such reasonable compensation as may be allowed by the Court, to be paid out of the money belonging to the said estate.

 

 

 

Attorney’s compensation to be allowed by the Court.

 

________

 

CHAPTER 36

Chap. XXXVI.–An Act to amend section four of an Act entitled “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.

 

[Approved March 7, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section four.  It shall be unlawful for any person or persons, firm, company, corporation or association, to catch, kill, or destroy, or to procure with such intent, at any time after the first day of January and before the first day of September of each year, any deer, antelope, elk, mountain sheep, goat or caribou, or to have in his or their possession, or to sell, buy, transport, 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, 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 deemed guilty of a misdemeanor and punished as hereinafter provided.

 

 

 

 

 

 

 

 

 

 

 

Close season for certain wild animals.

 

 

 

 

 

 

 

 

Penalty.

 

________

 

CHAPTER 37

Chap. XXXVII.–An Act to amend section ten of an Act entitled “An Act entitled an Act in relation to public highways,” approved March 15, 1875.

 

[Approved March 7, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section ten of an Act entitled “An Act entitled an Act in relation to public highways,” approved March 15, 1875, shall read as follows:

 

 


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κ1895 Statutes of Nevada, Page 36 (CHAPTER 37)κ

 

May petition County Commissioners to open roads.

 

 

 

 

 

 

 

 

 

 

 

Board of Commissioners and owners may select viewers.

 

 

 

 

 

 

 

A third may be chosen.

 

 

 

 

 

Parties aggrieved may commence action.

      Section ten.  At any time when a majority of the resident taxpayers of a Road District, according to the last previous assessment roll, shall petition the County Commissioners of their counties, for the location, opening for public use, establishment, change or vacation of any public road or highway, or road to connect with any highway heretofore established, any street or alley in any unincorporated town in such county, setting forth in such petition the beginning course, and termination of such road or highway, street, or alley, proposed to be located and opened for public use, established, changed or vacated, together with the names of the owner or owners of the land through which the same will pass, said petition may be presented to the County Clerk of said county, and the Clerk shall lay said petition before the Board of County Commissioners, at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, establish, change or vacate such road, highway, street or alley. Before opening any new road, street or alley, or changing same through private property, such property shall be condemned for public use as follows: The Board of County Commissioners shall appoint one disinterested person, and the owners or agents of the land through which said highway may run, shall select one such person; and the two shall proceed to view out such road, street or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed or vacated, after deducting any advantages arising from such location, change or vacation of such road, street or alley, to the owner or owners of such property; provided, if the owner or owners shall refuse or neglect, for a period of ten days after receiving notice from said Board of its said appointment, to appoint such person on their part, it shall be the duty of said Board to appoint such person for them; and provided further, that if there shall be more than one owner of land through which said highway may run they shall unite in such appointments. If the two viewers cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision in the matter shall be final; and provided further, that said viewers shall take an oath prior to entering upon the discharge of their duties, before some person authorized to administer oaths, to faithfully discharge the duties of their trust in accordance with the provisions of this Act; and provided further, that the parties aggrieved by the decision of such road viewers may commence action in the District Court within twenty days from the date of such decision to set aside their award; and upon the final award and decision of such damages, the Board of County Commissioners shall order the Road Supervisor of the district to open, establish, change, or vacate as the case may be, such road, street or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot,

 


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κ1895 Statutes of Nevada, Page 37 (CHAPTER 37)κ

 

same shall run diagonally through any lands or lot, so as to greatly impair it in shape, or through an orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the Government surveys or of town plats, where the same is practicable.

 

 

________

 

CHAPTER 38

Chap. XXXVIII.–An Act to amend an Act entitled “An Act to provide for the building and furnishing of dormitories, and for the purchase of additional land, at the Nevada State University, at Reno, Nevada,” approved February 15, 1895.

 

[Approved March 7, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section three.  The Board of Regents are hereby authorized to purchase additional land adjoining or within convenient distance of the present University campus, if the purchase of such additional land be deemed necessary for the suitable location of either or both of the dormitory buildings hereinbefore provided for, and said land shall not cost to exceed the sum of three thousand dollars. Said Board are further authorized to sell and convey that part of the said University campus not exceeding two acres, at the northeast corner of said campus, in consideration of the conveyance to the State of other land equal or greater in area than said portion so conveyed, if said Board deem such exchange would be advantageous to the State, and the land so acquired more convenient for the erection of either or both of said buildings. And in case the price of the land so authorized to be purchased shall be less than three thousand dollars, said Board are hereby authorized to use the remainder thereof in making necessary improvements upon the land devoted to University purposes, either by the provisions of this or of any other Act of the Legislature.

 

 

 

 

 

 

 

 

 

 

 

Board of Regents authorized to purchase land if necessary.

 

________

 

CHAPTER 39

Chap. XXXIX.–An Act to amend an Act entitled “An Act to incorporate Carson City,” approved February 25, 1875.

 

[Approved March 8, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section ten, part thirteenth, of the above entitled Act is hereby amended so as to read as follows:

      Section ten.  Thirteenth-To pass or adopt all ordinances, rules, and regulations, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred,

 

 


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κ1895 Statutes of Nevada, Page 38 (CHAPTER 39)κ

 

 

 

 

Board of Trustees shall issue certificate of indebtedness.

 

Condemnation of property.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Trustees to constitute a Board of Appraisers.

things necessary for the execution of the powers and jurisdiction by this Act conferred, and to audit and allow all claims properly payable out of the funds of the city; provided, that when there is not sufficient funds in the treasury to pay the same at the time of its presentation, the Board of Trustees shall issue to the claimant a certificate of indebtedness, signed by the President and the Clerk; said certificate to be paid in order of its allowance when there is sufficient money in the treasury to pay the same. Any property, real or personal, necessary for the public use of said city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee and the claimant or claimants, or owner or owners of the property to be condemned shall appoint one referee; and in the event the two referees so appointed shall not agree in the valuation of the property, or claimant’s interest therein, when the two so appointed shall select a third referee and the decision of the majority of such three, as to the valuation of the property, or interest therein, by them appraised shall be reported to the Board of Trustees, and may by them be regarded as final and binding; and upon the tender, in lawful money of the United States, of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days’ notice, cause the Marshal to remove all persons and obstruction from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided shall refuse or neglect for twenty days, when required by the Board of Trustees of the city to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuations shall be final and binding; but no act of condemnation of property, or any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto, or right therein; and in the condemnation of property, as in this Act provided, the referees or Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is to be condemned will be of any benefit to the persons owning or claiming the said property, or some interest therein; and if they find the same will be of any benefit to such person or persons, they shall estimate the value of such benefit to him or to them, or to such person or persons, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

 

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κ1895 Statutes of Nevada, Page 39κ

CHAPTER 40

Chap. XL.–An Act to amend section fifty-two of 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.

 

[Approved March 9, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section fifty-two.  The defendant may answer, which answer shall be verified:

      First-That the taxes have been paid before suit.

      Second-That the taxes with costs have been paid since suit, or that such property is exempt from taxation under the provisions of section five of this Act.

      Third-Denying all claim, title or interest in the property assessed at the time of the assessment.

      Fourth-That the land is situate in and has been duly assessed in another county, and the taxes thereon paid.

      Fifth-Fraud in the assessment, or in failing to comply with the provisions of this Act; or that the assessment is out of proportion to and above the actual cash value of the property assessed; provided, however, that in such last mentioned case, where the defense in based upon the ground that the assessment is above the value of the property, the defense shall only be effectual as to the proportion of the tax based upon such excess of valuation, but in no such case shall an entire assessment be declared void.

 

 

 

 

 

 

 

 

 

 

 

 

 

Exempt from taxation.

 

Denying claim.

 

________

 

CHAPTER 41

Chap. XLI.–An Act to amend section four of an Act entitled “An Act to define the manner of electing County Commissioners,” approved February 23, 1893.

 

[Approved March 9, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section four of said Act be, and the same is hereby amended to read as follows:

      Section four.  County Commissioners shall be elected by the qualified electors of the county wherein they reside as other county officers are now elected.

 

 

 

 

 

 

 

 

 

 

Elected by qualified electors.

 

________

 

 


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κ1895 Statutes of Nevada, Page 40κ

CHAPTER 42

 

 

 

 

 

 

 

 

 

Shall constitute a misdemeanor.

Chap. XLII.–An Act to amend an Act entitled “An Act to provide for the erection of guide boards on public roads and highways,” approved February 21, 1879.

 

[Approved March 9, 1895.]

 

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.  Any County Commissioner or County Commissioners or any owner or owners of such toll road or roads who shall wilfully neglect to carry out the provisions of this Act before the 1st day of June, 1895, and every person or persons, who shall wilfully tear down, dig up, or in any manner deface, destroy or carry away any such guide board as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the County Jail for not less than one month nor more than six months or by both such fine and imprisonment.

 

________

 

CHAPTER 43

 

 

 

 

 

 

 

 

Honorary Board of Visitors of State University.

 

Term of office.

 

 

Who shall act.

 

 

 

Duties of Board.

Chap. XLIII.–An Act creating the Honorary Board of Visitors of the Nevada State University, and other matters relating thereto.

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created a Board to be known as the Honorary Board of Visitors of the Nevada State University. Said Board shall consist of fifteen members. The Chief Justice of the Supreme Court shall be ex officio a member and the Chairman of said Board. In the absence of said Chief Justice the members of the Board may elect one of their number to act as temporary Chairman. The term of office of the members of said Board shall be two years from the date of their appointment, and until their successors are appointed.

      Sec. 2.  The Governor shall appoint and commission, within forty days after the passage of this Act, from each county, one suitable and discreet person who is interested in higher education, and who is an actual resident of said county, as a member of said Board.

      Sec 3.  It shall be the duty of said Board of Visitors to meet annually at the seat of the Nevada State University during commencement week, and inspect the grounds, buildings and equipment of said University, and also inquire into the actual state of the discipline, instruction, police administration and other affairs or concerns of the University. The Board of Visitors shall report thereon to the Governor, within thirty days after each annual meeting, for the information of the people of the State and of the next succeeding Legislature of the State, their action as such Visitors, with their views and recommendations concerning the University such as they shall deem wise and just and for the best interests of the University.

 


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κ1895 Statutes of Nevada, Page 41 (CHAPTER 43)κ

 

State and of the next succeeding Legislature of the State, their action as such Visitors, with their views and recommendations concerning the University such as they shall deem wise and just and for the best interests of the University.

      Sec. 4.  The President of the University shall cause at least thirty days’ notice to be given to the members of the Honorary Board of Visitors of the time and place of their annual meeting.

      Sec. 5.  No compensation shall be made to the members of said Board of Visitors for their services or for their traveling expenses, but the Board of Regents shall pay out of the University Contingent Fund their expenses for board and lodging while at the University.

 

 

 

Notice to Honorary Board of Visitors.

 

________

 

CHAPTER 44

Chap. XLIV.–An Act to amend an Act entitled an Act to amend an Act entitled “An Act regulating the compensation of county officers in the several counties in this State and other matters relating thereto,” approved March 11, 1885; approved February 14, 1887; approved February 25, 1889.

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section four of the original Act as amended February 14, 1887, and February 25, 1889, is hereby amended so as to read as follows:

      Section four.  On and after the first day of January, A. D. 1897, the Sheriff of Nye county shall receive such fees as are allowed under the provisions of “An Act to regulate fees and compensation for official and other services in the State of Nevada,” approved March 6, 1875, and as ex officio Assessor, the Sheriff shall receive eight hundred ($800) dollars per annum. The Deputy Sheriff shall receive ($600) per annum. The County Clerk shall receive such fees as are allowed in the Act of March 9, 1865, and such other compensation as is allowed by law. The Recorder and ex officio Auditor shall receive nine hundred ($900) dollars per annum, and such fees as are allowed in the Act of March 9, 1865. The Treasurer shall receive six hundred ($600) dollars per annum. The District Attorney and ex officio Superintendent of Public Schools shall receive six hundred ($600) dollars per annum. The County Commissioners shall each receive three hundred ($300) dollars per annum, in full compensation for all services, as such Commissioners; provided, that the compensation of the long term County Commissioner elected November 6, 1894, shall not be affected by this Act, but shall be in full force and effect until his present term of office as such Commissioner expires; and provided further, that for official services for which the county is liable, the Sheriff and County Clerk shall be paid out of the Salary Fund of Nye county.

 

 

 

 

 

 

 

 

 

 

 

 

Relating to Nye county.

 

 

Salary of county officers.

 

 

 

 

 

 

 

 

 

Sheriff and County Clerk to be paid out of Salary Fund.

 

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κ1895 Statutes of Nevada, Page 42κ

CHAPTER 45

 

 

 

 

 

 

 

 

 

Relating to sessions of Legislature.

Chap. XLV.–An Act to repeal an Act entitled “An Act limiting the duration of sessions of the Legislature of the State of Nevada,” approved February 19, 1891, and the Act amendatory thereof, approved February 24, 1893.

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  An Act entitled “An Act limiting the duration of sessions of the Legislature of the State of Nevada,” approved February 19, 1891, and the Act amendatory thereof, approved February 24, 1893, are hereby repealed.

 

________

 

CHAPTER 46

 

 

 

 

 

 

 

L. Stiner, relief of.

 

 

 

 

Auditor of Lander county to draw warrant.

Chap. XLVI.–An Act for the relief of L. Stiner.

 

[Approved March 11, 1895.]

 

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, is hereby authorized, directed and required to allow the claim of L. Stiner for the sum of $305 14 as a lawful charge against the General Fund of the said Lander county for and on account of unpaid salary due to the said L. Stiner for services rendered as County Commissioner of the said Lander county during the years of 1893 and 1894.

      Sec. 2.  The Auditor of Lander county, Nevada, is hereby authorized, directed and required to draw his warrant in favor of the said L. Stiner for the said amount of $305 14 upon the presentation of the said allowed claim for the same and the Treasurer of the said county is hereby authorized, directed and required to pay the same.

 

________

 

CHAPTER 47

 

 

 

 

 

 

 

 

State tax levy.

Chap. XLVII.–An Act to fix the State tax levy and to distribute the same to the proper funds.

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January 1, 1895, 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, 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-seven and three-tenths 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, one and one-fifth cents into the State University and Sinking Fund, and five cents into the General School Fund.

 


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κ1895 Statutes of Nevada, Page 43 (CHAPTER 47)κ

 

and one-fifth cents into the State University and Sinking Fund, and five cents into the General School Fund.

 

 

________

 

CHAPTER 48

Chap. XLVIII.–An Act to provide for the construction and furnishing of an annex to the Nevada Insane Asylum, and appropriating sufficient money to construct the same.

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The construction and furnishing of an annex to the Nevada Insane Asylum is hereby authorized; the same to be constructed and furnished under the management and supervision of the Board of Commissioners for the Care of the Indigent Insane and the General Superintendent of said Asylum.

      Sec. 2.  The sum of fifteen thousand dollars ($15,000) is hereby appropriated out of any money in the General Fund of the State Treasury of the State of Nevada, not otherwise appropriated for the purpose of paying for the constructing and furnishing of such annex, said sum and appropriation to be known as and called the Insane Asylum Annex Fund.

      Sec. 3.  The State Controller is hereby authorized to draw his warrant on the State Treasurer, and the State Treasurer shall pay out of said Insane Asylum Fund, all sums of claimants for services or supplies, rendered or furnished in or about the construction or furnishing of said annex, or any claim incurred in any manner in carrying out the intent and purposes of this Act after said Board has certified to, and the State Board of Examiners has properly allowed the same.

 

 

 

 

 

 

 

 

 

Annex to Nevada Insane Asylum.

 

 

Annex Fund constituted.

 

 

 

Controller to draw warrant

Moneys paid out of Insane Asylum Fund.

 

________

 

CHAPTER 49

Chap. XLIX.–An Act to amend an Act entitled “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.”

 

[Approved March 11, 1895.]

 

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

Assembly, do enact as follows:

 

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

      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;

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of Board of County Commissioners.

 


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κ1895 Statutes of Nevada, Page 44 (CHAPTER 49)κ

 

Empowered to create new School Districts.

the common schools so to do; provided, that the boundaries of any School District shall not be changed nor shall any School District with the legal number of school children within said District be abolished for the purpose of joining or consolidating said School District with another School District unless a petition signed by at least three-fifths (3-5) of the residents of said District be presented to said Board of County Commissioners praying for the change in the boundaries or for the abolishment of said District; provided further, that when a new School District is organized school shall be commenced within one hundred and twenty (120) days from the action of the Board of County Commissioners creating such new School District, and if school shall not be commenced within the said one hundred and twenty days (120) 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 (16) miles square.

 

________

 

CHAPTER 50

 

 

 

 

 

 

 

 

Nevada Hospital for Mental Diseases.

Chap. L.–An Act to determine and definitely fix the legal name of the public institution for the care of the indigent insane belonging to the State of Nevada.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The public institution of the State of Nevada and the buildings appertaining thereto, established and maintained for the care of the indigent insane of the State, shall hereafter be known as and called the Nevada Hospital for Mental Diseases.

      Sec. 2.  The words “Insane Asylum,” “Institute for the Care of the Insane,” and all words of like import, now or heretofore used in any law, process, investigation, subpoena or commitment, or in relation to any Board or Commission pertaining to or in any way concerning the arrest, examination, detention or care of the insane or mentally diseased in the State of Nevada shall be deemed to relate to, and be the equivalent of, Nevada Hospital for Mental Diseases; and hereafter, all processes and proceedings, relating to the insane or mentally diseased of the State of Nevada, shall run and be held in that name.

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

 

________

 

CHAPTER 51

 

Chap. LI.–An Act to encourage the construction of railways in Lincoln county.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of the county of Lincoln are hereby authorized and directed,

 


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κ1895 Statutes of Nevada, Page 45 (CHAPTER 51)κ

 

of Lincoln are hereby authorized and directed, whenever, within five years after the passage of this Act, any person or company shall have completed the construction of a first class iron or steel railway, of either broad or narrow gauge, equipped with rolling stock and provided with the necessary shops for repairs, in or through said county, a distance of not less than one hundred (100) miles, to issue bonds of said county in any sum not exceeding two thousand dollars ($2,000) per mile in length of said road (not counting fractions of a mile) lying within said county, subject to the terms and conditions of this Act.

      Sec. 2.  Said bonds shall be for the sum of two thousand dollars ($2,000) each. They shall bear no interest. They shall be payable out of the Railway Fund, hereinafter to be created, of Lincoln county, and from no other source. At the end of eight years from the date of issuance they shall, if not already paid, become null and void, and shall be the property of the county, and their life or validity shall not be prolonged beyond that time by judgment of court nor by any other means; provided, that the bonds having once been legally issued in accordance with the provisions of this Act, then if they remain unpaid through a direct violation of any provision of this Act by the county officers, in the behalf of, and to the benefit of the county and to the loss and injury of the owner of the bonds, that at any time during the term of eight years, the legal holder of the bonds may sue and obtain judgment against the county; but in such case no interest shall be allowed either before or after judgment. They shall not be negotiable or transferable, except to the heirs or assigns to the railway to encourage the construction of which they may be issued, and the person or authorized agent of the company as such who receives said bonds, having complied with the terms herein prescribed, shall agree in writing or print on the face of the bond to return the same to the Treasurer of the county if it be not paid at the end of eight years, unless it be lost or destroyed, in which case he shall give to said Treasurer a sworn certificate that said bond has been lost or destroyed, and that the debt represented said bond is then wholly discharged by lapse of time according to agreement. There shall be printed upon the face of each bond, in conspicuous plain black letters, the words “Without value after eight years,” and in smaller, but clear and plain type, the words “This bond is not negotiable. It becomes null and void eight years from (here insert date of issuance). In the meantime it is payable in the order of issue from the Railway Fund of Lincoln county and from no other source. It bears no interest. The party accepting it agrees to these conditions, and further agrees, if unpaid at the end of eight years, that this bond shall be returned to the Treasurer of Lincoln county, or if it be lost or destroyed to give to said Treasurer a certificate to that effect, which certificate shall also acknowledge the nullity or death of this bond.” The party accepting the bond shall sign this proviso.

      Sec. 3.  The bonds shall be signed by the Chairman of the Board of County Commissioners under seal, and shall also be subscribed by the Clerk of said Board.

Relating to railways in Lincoln county.

County Commissioners to issue bonds.

 

 

 

 

Payable out of Railway Fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Without value after eight years.

Not negotiable.

 


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κ1895 Statutes of Nevada, Page 46 (CHAPTER 51)κ

 

Signed by Chairman of Board of County Commissioners.

 

 

 

Railway Fund created.

 

 

To consist of moneys from General Fund.

 

 

 

 

 

 

 

Returned to General Fund.

 

 

 

Petition to be signed by over one-half the taxpayers.

 

 

 

 

County Commissioners to notify.

 

 

To issue bonds as provided.

subscribed by the Clerk of said Board. The Treasurer shall pay them in the order in which they are drawn, paying one bond, on presentation, and canceling the same, whenever there shall be two thousand dollars or more in the Railway Fund. And in case at the end of eight years, the bonds be not all paid, and a sum less than two thousand dollars remain in said fund, he shall pay said sum less than two thousand dollars for the bond next in order to be paid, receiving and canceling the same.

      Sec. 4.  The Railway Fund of Lincoln county is hereby created. It shall consist of moneys set aside from the General County Fund by the Board of County Commissioners in the following manner: The Boards shall learn from the books of the County Treasurer the amount of taxes paid each year into the County Treasury (except taxes for State and school purposes) upon the railway, rolling stock, shops, round houses, depots and other property appropriate and necessary to conducting railroad business, whose owner, whether company, corporation or an individual has taken advantage of, and is complying with the terms of this Act, and shall, at their first meeting after the said payment shall have been made each year, set aside a sum which shall be ten dollars greater than said payment, which shall be paid into the Railway Fund. Seven such annual transfers shall be made, in seven successive years, and at the end of the full period of eight years after the first transfer shall have been made, all moneys remaining in said fund shall be returned to the General Fund of the county. The County Commissioners shall not have power to make other transfers than those herein mentioned, either to or from said Railway Fund. No money shall ever be paid into said Railway Fund, except as herein provided.

      Sec. 5.  This Act shall not have effect except upon the following conditions:

      First-A petition clearly setting forth that a railway is about to be built, and by whom it is to be built, in the county, as hereinbefore provided, praying the Board of County Commissioners to act as herein authorized, must be read and signed by more than one-half the taxpayers, representing more than one-half the taxable property of the county, according to the last preceding tax roll, and presented to said Board at a regular meeting, after at least one month’s public notice to the effect that such a petition will at that time be presented.

      Second-The Board of County Commissioners shall, upon presentation of such petition, notify through the mails each subscriber thereto of the receipt of the same with his name appended, requesting him to report immediately in case the signature be not genuine, or obtained under false pretenses.

      Third-The Board shall then, at its next regular meeting, provided no irregularities shall have appeared, sign an agreement to the following effect: “We, the Board of Commissioners of Lincoln county, hereby bind ourselves and our successors, as the representatives of said county, to issue to (here name the party building the railway), his or their successors, bonds as provided in an Act entitled ‘An Act to promote the construction of railways in Lincoln county,’ approved March 12, 1895.”

 


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κ1895 Statutes of Nevada, Page 47 (CHAPTER 51)κ

 

provided in an Act entitled ‘An Act to promote the construction of railways in Lincoln county,’ approved March 12, 1895.”

      Sec. 6.  Petitions hereinbefore described may be presented for the subsidizing of more than one railway; but bonds under the provisions of this Act shall not be issued to more than one, and that the first one finished.

      Sec. 7.  Railway builders taking the benefits of this Act may, in the construction of the road, take advantage of any surveys, grading or other work already performed by other parties; provided, that this shall not be construed to give them a right to take private property without compensation.

      Sec. 8.  The faith of the State of Nevada is hereby pledged, in accordance with the Constitution, that this Act shall not be repealed nor so modified as to impair the obligations of the contract herein described, either on the part of the builders in good faith of an iron or steel railway as specified, or on the part of the people of Lincoln county.

      Sec. 9.  All county officers are hereby authorized and empowered to do whatever may be necessary to be done to carry this law into effect.

 

 

 

 

 

To take advantage of any surveys.

Proviso.

 

Faith of the State pledged.

 

________

 

CHAPTER 52

Chap. LII.–An Act to authorize the School Trustees of School District Number Ten, in Washoe county, to issue bonds for school purposes.

 

[Approved March 12, 1895.]

 

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 Ten, in the town of Reno, Washoe county, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not exceeding six (6) per cent. per annum, for a sum not exceeding ten thousand ($10,000) dollars, in the lawful money of the United States, none of which said bonds shall run for a period longer than ten (10) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one thousand ($1,000) dollars each, and the interest thereon shall be payable annually, the coupons for such payment of interest to be attached to each of said bonds.

      Sec. 3.  The principal of said bonds shall be made payable as follows: One thousand ($1,000) dollars of said bonds shall be payable January first, A. D. eighteen hundred ninety-six (1896), and the remainder shall be made payable in annual payments thereafter, none of which bonds shall run for a period longer than ten (10) years from the first of January, A. D. eighteen hundred ninety-six (1896).

      Sec. 4.  The Board of School Trustees of said Reno School District, are hereby authorized to build an addition to the high school building in said district and to make such repairs of said building as they may deem advisable; provided, such addition and repairs shall not cost to exceed the sum of ten thousand ($10,000) dollars.

 

 

 

 

 

 

 

 

School District No. 4, Washoe county.

 

 

 

 

Bonds to be issued.

 

 

Time of payment

 

 

 

 

To build addition to high school.

 


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κ1895 Statutes of Nevada, Page 48 (CHAPTER 52)κ

 

 

 

 

 

Bonds and coupons, how signed.

 

Moneys from bonds paid into County Treasury.

Reno School Building Fund.

 

 

 

Tax levy.

 

 

 

 

 

 

 

 

 

Reno School District Redemption Fund No. 2.

($10,000) dollars. The Board of Trustees shall, as soon as practicable, proceed to issue the bonds herein provided for, and when said bonds are disposed .of, shall proceed with due diligence to erect the addition and complete the same, in accordance with the provisions of this Act.

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

      Sec. 6.  All moneys received from the sales of said bonds shall be paid into the County Treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Reno School Building Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of School Trustees and approved by the County Superintendent. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Washoe county are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year eighteen hundred ninety-five (1895), and annually thereafter, to levy upon all taxable property of said School District No. Ten an amount, not exceeding one-fourth of one per cent. upon each one hundred ($100) 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 collected, and shall be paid into the County Treasury, and set apart to a fund to be known as the “Reno School District Redemption Fund No. Two,” and the money in said fund shall be paid out by the County Treasurer in payment of interest on the bonds aforesaid as the same becomes due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due.

 

________

 

CHAPTER 53

 

 

 

 

 

 

 

 

 

Relating to White Pine county.

Chap. LIII.–An Act to create a Jurors Per Diem Fund for White Pine county, and to regulate the disposition of certain funds of said county, and other matters connected therewith.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing means for the payment of jurors per diem fees payable by White Pine county, a special fund is hereby created, to be known as the Jurors Per Diem Fund of said county.

 


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κ1895 Statutes of Nevada, Page 49 (CHAPTER 53)κ

 

      Sec. 2.  In order to create and maintain said Jurors Per Diem Fund the Board of County Commissioners of said county are hereby authorized and directed as soon after the passage of this Act as practicable to cause to be transferred to said Jurors Per Diem Fund twenty-five (25) per cent. of all moneys that are then in the Redemption Fund of said county or which may thereafter come into said Redemption Fund, under the provisions of an Act entitled “An Act to make provision for the payment of certain indebtedness now existing or which may hereafter accrue against White Pine county,” approved March 5, 1887; and the Treasurer of said county is hereby expressly prohibited from paying out any moneys now in the said Redemption Fund or which may hereafter come into said fund unless said twenty-five per cent. is first transferred to said Jurors Per Diem Fund. The County Commissioners shall also cause to be transferred into said Jurors Per Diem Fund all revenues derived under the provisions of section nine of an Act entitled “An Act concerning juries,” approved March 5, 1873, and of the Acts amendatory of said section; and it is further provided that in order to maintain said Jurors Per Diem Fund on a cash basis the County Commissioners of said county may for the year of 1895, and shall annually thereafter, order and cause to be levied and collected at the same time and in the same manner as other revenues of said county a special tax, to be known as the Jurors Per Diem Fund tax of sufficient amount to furnish a sufficient amount of money to keep said fund on a cash basis; and the said Board of County Commissioners are hereby authorized and directed to do and perform all needful things to carry this Act into effect.

      Sec. 3.  Allowances shall be made against said Jurors Per Diem Fund for the payment of jurors per diem fees incurred subsequently to the passage of this Act when such per diem fees are legally chargeable to and payable by said White Pine county; provided, that no jurors fees for the payment of which said county is responsible incurred prior to the passage of this Act and no jurors fees for mileage whether incurred before or after the passage of this Act shall be paid out of said Jurors Per Diem Fund but all such fees shall remain payable out of the General Fund of said county as now provided by law.

      Sec. 4.  Whenever a deficiency exists in the Jurors Per Diem Fund the Auditor of said White Pine county is hereby authorized and directed to draw his warrant for fees payable out of said Jurors Per Diem Fund on any of following named county funds that may be on a cash basis, to wit: On the Contingent Fund, the Salary Fund or the Current Expense Fund, and the Treasurer of said county is hereby authorized and directed to pay the warrants so drawn; provided, that all sums so drawn from any or all of said funds shall be transferred to the proper fund from said Jurors Per Diem Fund when such fund is again on a cash basis; and provided further, that when none of said funds are on a cash basis the Auditor shall issue a certificate of indebtedness against said Jurors Per Diem Fund on demand of any person entitled thereto.

Jurors Per Diem Fund.

 

 

 

 

 

 

 

 

 

 

 

 

Maintained on cash basis.

 

 

Jurors Per Diem Fund tax.

 

 

Allowances against Jurors Per Diem Fund.

 

 

 

 

 

 

Relating to deficiency in fund.

 


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κ1895 Statutes of Nevada, Page 50 (CHAPTER 53)κ

 

Transfer of moneys to be made as provided only.

      Sec. 5.  No transfer of moneys shall be made from said Jurors Per Diem Fund to any other fund for any purpose whatsoever except as provided in section four of this Act; provided, that when a surplus exists in said Jurors Per Diem Fund the County Commissioners may transfer all or any part of such surplus to the Redemption Fund.

      Sec. 6.  All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed to the extent of such conflict only.

      Sec. 7.  This Act shall take effect from and after the first day of September, 1895.

 

________

 

CHAPTER 54

 

 

 

 

 

 

 

 

 

 

 

 

Relating to State Printing Office.

 

Duties of Secretary of State.

 

 

Duties of Superintendent of State Printing.

 

 

 

Copies of Acts to be distributed.

Chap. LIV.–An Act to amend an Act entitled “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, as amended March 4, 1881,” approved February 17, 1891.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section eighteen.  The Secretary of State shall furnish to the Superintendent of State Printing, as soon as may be, and within three days from the time he receives the same from the Governor, after approval, a copy of all Acts, joint and concurrent resolutions and memorials, with marginal notes to the same, passed at such session, and the Superintendent of State Printing shall, within ten days thereafter, print the number of copies as herein provided, and furnish printed sheets thereof to the Secretary of State, who shall, immediately upon the close of such session, make out and deliver to the Superintendent of State Printing an index of the same, and the Superintendent of State Printing shall, immediately upon the close of such session, print the said index and bind it in connection with the laws. The Superintendent of State Printing shall also furnish to each member of the Senate and Assembly, for distribution among their constituents, fifteen copies of the printed sheets of each Act as printed, or if more than one Act is printed at one time, then copies of the printed sheets of such series of Acts. He shall also distribute one copy of said Act or Acts to each County Clerk, County Auditor, District Judge, District Attorney and Justice of the Peace in the State.

 

________

 

 


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κ1895 Statutes of Nevada, Page 51κ

CHAPTER 55

Chap. LV.–An Act to amend an Act entitled “An Act regulating the manner of drawing juries in the District Courts of this State,” approved February 20, 1885.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section one of an Act entitled “An Act regulating the manner of drawing juries in District Courts of this State,” approved February 20, 1885, is hereby amended so as to read as follows:

      Section one.  The Board of County Commissioners in each county of the State of Nevada shall, at its first meeting after the approval of this Act, and thereafter at its first regular meeting in each year, by an order duly made and entered on its minutes, estimate, as nearly as possible, the number of trial jurors that will be required for attendance on the District Court of said county until the next annual selection of trial jurors under this Act. The said Board shall thereupon select from the qualified electors of the county, whether registered or unregistered, not exempt by law from jury duty, such number of qualified electors as it has estimated to be necessary. The names of the electors so selected, shall be entered upon the minutes of said Board, together with the occupation and place of residence of each of such electors so selected.

 

 

 

 

 

 

 

 

 

 

 

Relating to drawing juries.

County Commissioners to estimate and select.

 

Registered or unregistered electors.

 

________

 

CHAPTER 56

Chap. LVI.–An Act to amend an Act entitled “An Act to amend an Act entitled an Act to amend an Act entitled an Act amendatory of an Act entitled an Act concerning juries,” approved March 5, 1873; approved March 5, 1875; approved March 5, 1877; approved March 7, 1881.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

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

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

      Section nine.  Upon satisfactory proof, made by affidavit or otherwise, the following named persons, and no other shall be exempted from service as grand or trial jurors: Any Federal or State officer, Judge, Justice of the Peace, County Clerk, Sheriff, Constable, Assessor, Recorder, attorney-at-law, physician, minister of the gospel, telegraph operator, locomotive or stationary engineer, mail carrier, engaged in the actual carrying of the United States mail, on a regular mail route, and one-half of all members of each regularly enrolled fire company in the State, said half to be determined by the several fire companies respectively, and all officers of such fire companies not exceeding ten for each company,

 

 

 

 

 

 

 

 

 

 

 

 

Relating to jurors.

Who exempt

 

 

 

Members of fire companies.

 


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κ1895 Statutes of Nevada, Page 52 (CHAPTER 56)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To file with Clerk of District Court.

 

 

 

 

 

To go into General Fund.

ing ten for each company, and also in all cities and towns wherein there is a paid fire department, after such paid fire department shall have been organized and put in operation, all members of said paid fire department, and all persons who are now or may hereafter become members of any exempt firemen’s association, society or organization within this State; but such exemption shall not extend to any member of such association, society or organization, unless prior to becoming a member of the same, such member shall have served as an active fireman, in some regularly organized fire department in this State, for the period of three years, and also, in all cities and towns in this State, wherein there are volunteer fire departments, after such volunteer departments shall have been organized and put in operation all members thereof; and also, all members thereof, who may hereafter become members of any exempt fireman’s association, society or organization, within this State; but such exemption shall not extend to any member of such association, society or organization, unless prior to becoming a member of the same, such member shall have served as an active fireman in some regularly organized volunteer fire department in this State, for the period of five years; provided, that the entire exemption of such exempt firemen, where there is a paid fire department, shall not exceed in any one town or city, one hundred and fifty; and where there is a volunteer fire department, the entire exemption shall not exceed, in any one town or city, fifty; and further provided, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county seat of his county, shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the fact that he so resides and filing the same with the Clerk of the District Court of the District in which his county is situated and paying to such Clerk the sum of twenty-five dollars. Upon the receipt of such affidavit and such sum, the said Clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of one year from the date of such payment, the name of such person shall not be placed in the jury box, nor shall such person be selected as a grand or trial juror. It shall be the duty of said Clerk, upon the receipt of said sum, to deliver the same to the County Treasurer of his county, and the said Treasurer shall immediately place the same to the credit of the General Fund of said county.

      Sec. 2.  All portions of the Act of which this Act is amendatory, relative to the prescribing of bonds by the Judges of the several District Courts, in their several counties and the exemption of persons from serving on juries by payment for such exemption, are hereby repealed.

 

________

 

 


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κ1895 Statutes of Nevada, Page 53κ

CHAPTER 57

Chap. LVII.–An Act supplemental to 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 all Acts amendatory thereof, and to provide for a license upon the business of owning, raising, grazing, herding or pasturing sheep in the several counties of the State of Nevada, and to declare a violation thereof a misdemeanor, and to provide a punishment therefor.

 

[Approved March 12, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person now engaged in, or who may hereafter engage in the business of owning, raising, grazing, herding or pasturing sheep, as either owner, lessee or manager of said sheep, in any county in the State of Nevada must annually procure a license therefor from the Sherriff as Collector of Licenses of each of such counties and make payment therefor as follows in advance for each band, flock or bunch of sheep:

      First-Such person owning or having in his possession or under his control as lessee or manager five thousand sheep or more shall be deemed of the first class and must pay the sum of two hundred and fifty dollars per annum for the first five thousand sheep and the further sum of fifty dollars per annum for every additional one thousand sheep or fraction thereof.

      Second-Such person owning or having in his possession or under his control as lessee or manager four thousand sheep and less than five thousand shall be deemed of the second class and and must pay the sum of two hundred dollars per annum.

      Third-Such person owning or having in his possession or under his control as lessee or manager three thousand sheep and less than four thousand shall be deemed of the third class and must pay the sum of one hundred and fifty dollars per annum.

      Fourth-Such person owning or having in his possession or under his control as lessee or manager two thousand sheep and less than three thousand shall be deemed of the fourth class and must pay the sum of one hundred dollars per annum.

      Fifth-Such person owning or having in his possession or under his control as lessee or manager fifteen hundred sheep and less than two thousand shall be deemed of the fifth class and must pay the sum of seventy-five dollars per annum.

      Sixth-Such person owning or having in his possession or under his control as lessee or manager one thousand sheep and less than fifteen hundred shall be deemed of the sixth class and must pay the sum of fifty dollars per annum.

      Seventh-Such person owning or having in his possession or under his control as lessee or manager any number of sheep less than one thousand shall be deemed of the seventh class and must pay the sum of twenty-five dollars per annum; provided,

 

 

 

 

 

 

 

 

 

 

 

 

 

Pasturing sheep.

 

 

 

 

Possessing 5,000 or more.

 

 

 

Four thousand sheep.

 

 

Three thousand sheep.

 

 

Two thousand sheep.

 

 

Fifteen hundred sheep.

 

 

One thousand sheep.

 

 

Less than 1,000 sheep.

 


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κ1895 Statutes of Nevada, Page 54 (CHAPTER 57)κ

 

 

 

 

 

 

 

 

 

 

Penalty.

 

 

 

Collector of Licenses to examine.

 

Statement under oath.

 

 

License.

 

 

 

 

 

 

 

 

 

 

 

Action instituted.

vided, that the provisions of this Act shall not apply to any person, persons, firm, company, association or corporation who shall be the owner and holder of land in the State of Nevada equal to one acre for each two sheep so owned, raised, grazed, herded, or pastured; and it is further provided, that nothing in this Act contained shall be so construed as to require the procurement of more than one license for the same sheep in the same county, for the same year.

      Sec. 2.  Every person who shall engage in the business of raising, grazing, herding or pasturing of any sheep as either owner, lessee or manager thereof within any county of the State of Nevada without first having procured a license therefor as prescribed by this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine for each offense of not less than fifty dollars nor more than two hundred and fifty dollars or imprisonment in the County Jail for a period of not less than twenty-five days or more than ninety days.

      Sec. 3.  The Sheriff, as Collector of Licenses, of each county of the State of Nevada shall make diligent inquiry and examination concerning all persons in his county liable to the procurement of license as provided in this Act, and he is hereby empowered, and it shall be his duty to require each such person to make a statement under oath or affirmation of the number of sheep then or about to be owned by him or then or about to be in his possession or under his control as lessee or manager thereof within such county. Thereupon such person shall procure such license from such Sherriff as Collector of Licenses according to the class to which he shall be shown by the number of such sheep to belong; and in all cases wherein an underestimate of the number of sheep is made by the person procuring such license, the person making such underestimate shall be required to pay a double license for the next year. Such license when procured shall authorize the party procuring the same within the county wherein the same is procured but in no other county to transact business as specified in such license; and if any such person required by the provisions of this Act to procure a license shall fail, neglect or refuse to procure such license in the manner provided in this Act or shall engage in or attempt to engage in any of the business mentioned in this Act without procuring such license therefor, the Sheriff as Collector of Licenses shall direct the commencement of, and the District or Prosecuting Attorney of the county shall immediately commence an action in the name of the State of Nevada as plaintiff against such person for the recovery of the license money and all damages according to the class in this Act specified to which such person shall be proven to belong, and in such action either the Sheriff as Collector of Licenses or the District or Prosecuting Attorney of the county where such action is commenced may make the necessary affidavit and cause the undertaking to be furnished, necessary to the procurement of the issuance of the writ of attachment and a writ of attachment shall thereupon be issued and may be levied upon the sheep of such owner, lessee or manager within such county,

 


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

κ1895 Statutes of Nevada, Page 55 (CHAPTER 57)κ

 

or manager within such county, and in case of recovery by the plaintiff in such action, judgment shall be entered for the amount found due for such license and twenty-five dollars liquidated damages for non-procurement or licenses and all costs of such action, of which damages, ten dollars shall be paid to the Sheriff as Collector of Licenses and fifteen dollars thereof shall be paid to the District or Prosecuting Attorney for their services in the action. Upon the trial of any criminal action provided for in this Act, the defendant shall be deemed to have not procured the proper license unless he produces it or proves that he did procure it, but he may plead in bar of a criminal action a recovery and payment in a civil action against him of a judgment of proper license money damage and costs.

      Sec. 4.  The County Auditors of the several counties of this State shall prepare, have printed and delivered to the Sheriff as License Collector of the several counties suitable blank licenses for the proper enforcement of the provisions of this Act with blank receipts for the same when sold.

      Sec. 5.  The Sheriff as Collector of Licenses shall demand and collect from the person procuring such license a fee of two dollars for each license sold by him in addition to the amount paid for such license.

      Sec. 6.  All moneys collected for licenses under the provisions of this Act, shall be paid to the County Treasurer of the county wherein such licenses are collected and shall by him be placed to the credit of the General Fund of such county.

      Sec. 7.  Whenever the word “person” occurs in this Act it shall be held to apply to and include any person, persons, firm, company, association or corporation.

      Sec. 8.  This Act shall take effect and be in force on and after thirty days from its approval.

 

 

Costs of action.

 

 

 

 

 

 

 

County Auditors to prepare licenses.

 

 

Fee.

 

 

All money paid to County Treasurer.

 

________

 

CHAPTER 58

Chap. LVIII.–An Act to amend section two of an Act entitled “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.

 

[Approved March 13, 1895.]

 

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.  It shall be unlawful for any person or persons, firm, company, corporation or association, at any time between the first day of April, 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 wild goose, wood-duck, teal, mallard, or other ducks, sand-hill crane, brant, swan, plover, curlew, snipe, and mud hens, and between the fifteenth day of March and fifteenth day of September any partridge,

 

 

 

 

 

 

 

 

 

 

 

Close season.

 


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κ1895 Statutes of Nevada, Page 56 (CHAPTER 58)κ

 

 

 

 

 

 

 

 

 

Penalty.

day of September any partridge, pheasant, woodcock, grouse, quail, bittern or yellow-hammer, 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 firm, person or persons, company, corporation or association, who shall destroy, injure, or in any manner disturb the nests 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.

 

________

 

CHAPTER 59

 

 

 

 

 

 

 

 

 

 

Co-extensive and concurrent jurisdiction.

 

District Judges.

 

 

 

 

Court held in each county once in six months.

Chap. LIX.–An Act concerning the District Courts of the State of Nevada and the Judges thereof.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The District Judges of the State of Nevada shall possess equal co-extensive and concurrent jurisdiction and power. They shall each have power to hold Court in any county of this State. They shall each exercise and perform the powers, duties and functions of the Court, and of Judges thereof, and of Judges at chambers. The decision in an action or proceeding may be written or signed at any place in the State, by the Judge who acted on the trial and may be forwarded to, and filed by the Clerk who shall thereupon enter judgment as directed in the decision, or judgment may be rendered in open Court, and, if so rendered, shall be entered by the Clerk accordingly. If the public business requires, each Judge may try causes and transact judicial business in the same county at the same time. Each Judge shall have power to transact business which may be done in chambers at any point within the State, and Court shall be held in each county at least once in every six months, and as often and as long as the business of the county requires. All of this section is subject to the provision that each Judge may direct and control the business in his own District, and shall see that it is properly performed.

      Sec. 2.  Section nine of an Act entitled “An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and fix the places of holding Courts,” approved March 4, 1885, is hereby repealed.

 

________

 

 


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κ1895 Statutes of Nevada, Page 57κ

CHAPTER 60

Chap. LX.–An Act to amend an Act entitled “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.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  The Board of 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 seven per cent. per annum.

 

 

 

 

 

 

 

 

 

 

Humboldt County Commissioners authorized.

 

________

 

CHAPTER 61

Chap. LXI.–An Act to amend an Act entitled “An Act amendatory of and supplementary to an Act entitled ‘An Act consolidating certain county and township offices in the State of Nevada, and fixing the salaries thereof and all matters relating thereto,’ approved March 12, 1885,” approved March 9, 1889.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section three of the said amendatory and supplementary Act, approved March 9, 1889, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

Sheriff and Clerk of Storey county.

 

________

 

CHAPTER 62

Chap. LXII.–An Act to amend an Act entitled “An Act to consolidate certain county offices in Esmeralda county, State of Nevada, to fix their compensation and the compensation of other officers in said county,” approved March 19, 1891.

 

[Approved March 13, 1895.]

 

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.  On and after the first Monday in January, 1893, the County Recorder as ex officio Auditor of Esmeralda county, Nevada, shall receive an annual salary of two thousand dollars which shall be compensation in full for all his services as Recorder and ex officio Auditor, and he shall not employ any deputy to act in either of said capacities as the expense of said county;

 

 

 

 

 

 

 

 

 

 

Esmeralda county.

 

Salary of Recorder.

 


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κ1895 Statutes of Nevada, Page 58 (CHAPTER 62)κ

 

 

county; provided, that on and after the first Monday in January, 1897, the County Recorder of Esmeralda county shall receive an annual salary of seven hundred dollars as such Recorder and an additional annual salary of eight hundred dollars as ex officio Auditor which shall be compensation in full for all his services as Recorder and ex officio Auditor, and he shall not employ any deputy to act in either of said capacities at the expense of said county.

 

________

 

CHAPTER 63

 

 

 

 

 

 

 

Union Label,

 

 

State Printer authorized.

Chap. LXIII.–An Act to authorize the use of the Union Label on all public printing.

 

[Approved March 13, 1895.]

 

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 the State Printer shall cause to be affixed to all public printing the Union Label recognized by the organization known as the International Typographical Union.

      Sec. 2.  The State Printer is hereby authorized to purchase such cuts for that purpose as in his discretion are necessary.

 

________

 

CHAPTER 64

 

 

 

 

 

 

 

Relating to appeals.

 

 

Discretionary with appellant.

Chap. LXIV.–An Act regulating appeals to the Supreme Court.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  In all cases of appeal to the Supreme Court from final judgments or from orders overruling motions for new trial, and in all other cases when ordered by the Supreme Court or a Judge thereof or by the District Judge or stipulated by the parties or their attorneys, it shall be in the discretion of the appellant to furnish the Court with a transcript on appeal in accordance with the present provisions of the statute, or to have the original papers in the District Court, including documentary evidence, maps and exhibits certified to the Supreme Court, or the appellant may furnish the Court with a transcript of a portion of the record on appeal and have the remaining portion certified to the Supreme Court. In case he shall elect to have the original papers certified they shall be attached together and the pages numbered and indexed the same as transcript on appeal, and shall be certified by the Clerk of the District Court or by the respective parties or their attorneys to be such originals, and to constitute in whole or part the record on appeal and the Clerk shall then transmit them to the Clerk of the Supreme Court; provided, that where it would not be convenient to attach maps or exhibits to the other papers, they may be sent separately, properly identified and certified.

      Sec. 2.  Where such original papers have been so certified, the Clerk of the Supreme Court, at the time he transmits the remittitur, shall return them to the Clerk of the District Court.

 


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κ1895 Statutes of Nevada, Page 59 (CHAPTER 64)κ

 

the Clerk of the Supreme Court, at the time he transmits the remittitur, shall return them to the Clerk of the District Court. Any of the papers or documents so certified to the Supreme Court may be returned to the Court below upon application of either party and order of one of the Judges and leaving a certified copy. Where it is necessary to present upon the appeal the minutes of the Court or records containing entries affecting other cases, they shall be copied in the transcript the same as heretofore.

 

Original papers so certified to be returned.

 

________

 

CHAPTER 65

Chap. LXV.–An Act to provide revenue for the support of the government of the State of Nevada.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  In the cases of horses, mules, asses, cattle, sheep, goats, hogs and all other live stock running at large and grazing upon uninclosed lands, whether in charge of a herder or not, the assessment provided for by the general revenue law of this State may be made, and the taxes thereon collected at any time during the calendar year; and the fact that such live stock may have been assessed, and the taxes thereon for the same year paid in some other State or Territory, shall not exempt it from assessment and taxation in this State. When such live stock is the property of non-residents of this State its situs for purposes of taxation shall be the county in which it is first assessed; provided, that nothing herein contained shall be so construed as to prevent the free passage of such live stock through this State for commercial purposes, or to deny to the citizens of each State all the privileges and immunities of citizens of the several States.

      Sec. 2.  When the property described in section one of this Act shall have been assessed as therein provided and the taxes thereon collected, as prescribed by the general revenue law of this State upon complaint in writing by the owner, his agent or any person aggrieved (which complaint shall be made within ten days after the collection of said taxes, and shall be filed with the County Clerk), that the assessment was too high or too low, it shall be the duty of the Board of County Commissioners within ten days after the filing of such complaint, to meet as a Board of Equalization to equalize the same, and the proceedings shall be the same as in other cases of equalization.

 

 

 

 

 

 

 

 

Assessments of live stock.

 

 

 

Upon uninclosed lands.

 

 

 

 

 

 

 

 

 

Duty of County Commissioners.

 

________

 

CHAPTER 66

Chap. LXVI.–An Act authorizing and directing the Board of County Commissioners of Elko county, State of Nevada, to issue bonds for the purpose of providing means to establish, construct and maintain a county high school in said county.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Elko county, State of Nevada, is hereby authorized and directed, under the provisions of this Act, to issue bonds of said county bearing interest at a rate not exceeding six (6) per cent.

 

 


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κ1895 Statutes of Nevada, Page 60 (CHAPTER 66)κ

 

Elko county

 

 

 

 

 

 

 

 

 

Bonds, amount of.

 

 

 

 

 

Signed by Chairman.

 

 

 

Commissioners to negotiate and sell.

 

Elko County Special High School Fund.

 

 

 

High school building.

 

 

county, State of Nevada, is hereby authorized and directed, under the provisions of this Act, to issue bonds of said county bearing interest at a rate not exceeding six (6) per cent. per annum, for a sum not exceeding ten thousand ($10,000) dollars, none of which bonds shall run for a period longer than ten years from the first day of January, 1896; provided, that a majority of the legal and qualified electors of said county, voting at any election, shall vote to establish, construct and maintain a county high school in said county at any general or special election held therefor, in accordance with and pursuant to an Act of Legislature of said State, entitled “An Act permitting the establishment of county high schools in the various counties of this State, and providing for the construction, maintenance and management of the same,” approved March 4, 1895.

      Sec. 2.  Said bonds shall be issued for sums not less than five hundred ($500) dollars each, in lawful money of the United States, and shall be payable to bearer, and the interest thereon, shall be payable annually and coupons for such installments of interest shall be attached to said bonds.

      Sec. 3.  The principal of said bonds shall be payable to the amount of one thousand dollars each year commencing with the first day of January, 1897.

      Sec. 4.  The bonds and coupons herein provided for shall be signed by the Chairman of said Board of County Commissioners and countersigned by the Clerk of said Board, and said Clerk shall attach thereto the county seal.

      Sec. 5.  The said Board of County Commissioners is hereby directed and authorized, at any time or times, to negotiate the sale of and sell said bonds or such number thereof as may be necessary to carry out the purposes for which said bonds are authorized to be issued and sold, at not less than the face value thereof.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the County Treasurer of said county and said Treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the Elko County Special High School Fund, and pay out said moneys only in the manner now required by law for the payment of the same and for the purposes for which the same were received.

      Sec. 7.  The said Board of County Commissioners is hereby authorized and directed to use said moneys arising from the sale of said bonds in establishing, constructing, equipping and furnishing said county high school building, and when so constructed, equipped and furnished, the Trustees of said high school are authorized and directed to use any balance thereof in running and maintaining said school, in accordance with and pursuant to the said law permitting the establishment, maintenance and management of high schools in the various counties of this State.

      Sec. 8.  The said County Treasurer shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands, under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto.

 


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κ1895 Statutes of Nevada, Page 61 (CHAPTER 66)κ

 

      Sec. 9.  For the purpose of providing for the payment of said bond and the interest thereon as they become due, the said Board of County Commissioners is hereby authorized and directed, on or before the first Monday in April, 1896, and annually thereafter, at the time of making the levy of taxes for State and county purposes, to levy upon all the taxable property of said Elko county a tax of 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 the assessed valuation thereof, sufficient to pay the principal and interest of said bonds, issued under the provisions of this Act, which will become due on the first day of the ensuing January. 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 and known Elko County High School Bond Redemption Fund, and the money in said fund shall be paid out by the said County Treasurer in the payment of the principal and interest of said bonds, as the same becomes due, upon presentation and surrender of said bonds and coupons to the said County Treasurer, at his office. The said County Treasurer shall be liable on his official bond for the safe keeping of the money which shall come into said High School Bond Redemption Fund and for the faithful discharge of all his duties in relation thereto.

      Sec. 10.  Should the holder of said bonds or any part thereof, for any cause whatever, fail to present said bonds to said County Treasurer for payment as they become due, all interest shall thereafter immediately stop.

      Sec. 11.  Should any money remain in said High School Bond Redemption Fund at the end of any year after paying the interest and bonds due for such year, the same shall remain in said fund and be applied to the payment of bonds and interest thereafter to become due, and all moneys remaining in said fund after the payment of all of said bonds and all interest due thereon, shall be transferred by said Board of County Commissioners to the County High School Fund of said county and used and applied for the purposes of said county high school.

      Sec. 12.  This Act shall take effect from and after its passage.

 

 

 

Tax levy.

 

 

 

 

 

 

Elko County High School Bond Redemption Fund.

 

 

 

 

 

 

 

 

 

 

 

 

County High School Fund.

 

________

 

CHAPTER 67

Chap. LXVII.–An Act to amend an Act fixing the salaries of county officers in Eureka county, and consolidating certain offices therein, approved March 2, 1893.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  On and after the first Monday in January, eighteen hundred and ninety-five, the following named officers of Eureka county,

 

 


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κ1895 Statutes of Nevada, Page 62 (CHAPTER 67)κ

 

Eureka county officers, salaries of.

 

Compensation.

 

 

 

 

 

 

 

Compensation.

 

 

 

 

 

 

 

Sheriff’s salary and fees.

 

 

Full compensation.

 

 

 

Appoint and pay their own deputies.

 

 

 

Proviso.

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; the Treasurer of said county shall receive nine 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.  Section two of said above Act is hereby amended so as to read as follows:

      Section two.  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 such services as County Clerk and ex officio Clerk of the Court, and of the Board of County Commissioners of said county a salary of five hundred dollars per annum from the county as ex officio Recorder and Auditor shall receive for all such services a salary of one thousand 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.  Section three of said above Act is hereby amended so as to read as follows:

      Section three.  On and after the first Monday in January, A. D. eighteen hundred and ninety-seven, the Sheriff of Eureka county, State of Nevada, shall receive a salary of eighteen hundred dollars per annum from the said 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 now 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 be 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.  Section six of said above Act is hereby amended so as to read as follows:

      Section six.  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 rendered by them for any person, corporation, State or county other than the county of Eureka or the State of Nevada, such fees and compensations as are now or hereafter may be allowed by law.

 


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

κ1895 Statutes of Nevada, Page 63 (CHAPTER 67)κ

 

dered by them for any person, corporation, State or county other than the county of Eureka or the State of Nevada, such fees and compensations as are now or hereafter may be allowed by law.

May collect fees.

 

________

 

CHAPTER 68

Chap. LXVIII.–An Act to authorize the County Commissioners of Eureka county to levy a tax to pay off the indebtedness of the Fire Department Fund of the town of Eureka.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The County Commissioners of Eureka county are hereby empowered to levy a tax not exceeding one-half of one per cent. upon the assessed value of property within the limits of the town of Eureka, to pay off the present indebtedness of the Fire Department Fund of the said town, in addition to the tax the Commissioners are now empowered to levy to create a Fire Department Fund.

      Sec. 2.  Said tax shall be assessed in the same manner, and subject to the provisions of the general laws for the assessment and collection of taxes, and shall be collected at the same time and by the same officers who assess and collect the State and county taxes, and shall be paid over to the County Treasurer.

      Sec. 3.  The County Treasurer shall keep said moneys in the fund denominated the Fire Department Fund.

      Sec. 4.  No money shall be paid out of the Fire Department Fund except by order of the County Commissioners.

      Sec. 5.  The County Commissioners shall use the moneys raised by this tax exclusively for the purpose of paying the indebtedness of said Fire Department Fund.

 

 

 

 

 

 

 

 

 

Eureka county.

 

Fire Department Fund.

 

 

 

 

Tax levy.

 

Relating to Fire Department Fund.

 

________

 

CHAPTER 69

Chap. LXIX.–An Act to prevent malicious injury to church, school and other buildings and property, and to protect persons from malicious annoyance, and matters properly relating thereto.

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be a misdemeanor for any person or persons to willfully and maliciously injure, mark or deface any church edifice, school house or other building, public or private, its fixtures, books or appurtenances, or to commit any nuisance therein, or to purposely and maliciously commit any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the same, or in any manner to maliciously and purposely interfere with or disturb those peaceably assembled within such building or buildings.

      Sec. 2.  Any person or persons convicted of a misdemeanor under the foregoing section of this Act shall be subject to a fine, not exceeding two hundred dollars, or imprisonment in the County Jail, not to exceed six months, or to both such fine and imprisonment.

 

 

 

 

 

 

 

 

 

Injure or deface buildings.

 


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

κ1895 Statutes of Nevada, Page 64 (CHAPTER 69)κ

 

Penalty.

under the foregoing section of this Act shall be subject to a fine, not exceeding two hundred dollars, or imprisonment in the County Jail, not to exceed six months, or to both such fine and imprisonment.

 

________

 

CHAPTER 70

 

 

 

 

 

 

 

 

 

 

 

Place of trial of civil actions.

 

 

 

 

Reasons for changing place of trial.

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

 

[Approved March 13, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section twenty-one.  If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering expire demand in writing that the trial be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by order of the Court, as is provided in this section. The Court may, on motion, change the place of trial in the following cases:

      First-When the county designated in the complaint is not the proper county.

      Second-When there is reason to believe that an impartial trial cannot be had therein.

      Third-When the convenience of witnesses and the ends of justice would be promoted by the change.

      Fourth-When from any cause the Judge is disqualified from acting in the action, except in any case when it shall appear by the affidavit of either party to the action, at any time before trial, that said party cannot, by reason of the interest, bias or prejudice of the Judge have a fair and impartial trial, in which case the Judge so designated in said affidavit shall not further preside in the case, but instead of ordering a change of place of trial to another county, may invite another Judge to preside in, hear and decide said case.

      When the place of trial is changed, all other proceedings shall be had in the county to which the place of trial is changed; unless otherwise provided by consent of the parties in writing duly filed, or by order of the Court; and the papers shall be filled, or transferred, accordingly.

 

________

 

 


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κ1895 Statutes of Nevada, Page 65κ

CHAPTER 71

Chap. LXXI.–An Act authorizing and directing the payment of Thomas P. Mack for services rendered as County Recorder and Auditor of Lyon county, Nevada, and reimbursement to him of fees collected and paid by him into the treasury of said county.

 

[Approved March 14, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Lyon county, State of Nevada, is by this Act, authorized, empowered and directed to allow the claim of Thomas P. Mack, formerly County Recorder and ex officio County Auditor and ex officio Superintendent of Schools of said county, whenever the same shall have been presented for the sum of one thousand fourteen and 65-100 dollars, or whatever sum said Board may be satisfied is correct for services rendered and fees collected and paid into the County Treasury of said county by him as such officer, during the years A. D. 1893 and 1894, not exceeding said sum of one thousand and fourteen 65-100 dollars, by ascertaining the exact amount comprising the difference between the amount actually received by the said Thomas P. Mack for his services as such officer, pursuant to the provisions of the Act of the Legislature of the State of Nevada, entitled “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 16, 1893, and the amount which he should have received for the same services as such officer, under the provisions of the law as it existed and was in force at the time of his election and qualification to said office if his compensation had not been changed by said Act of 1893.

      Sec. 2.  The County Auditor of said county is hereby authorized, empowered and directed to draw his warrant in favor of said Thomas P. Mack for whatever sum the said Board of County Commissioners, allows to him under the provisions of section one of this Act, on the General Fund of the County Treasury of said county, and the County Treasurer of said county is hereby authorized, empowered and directed to pay the amount specified in such warrant out of said fund of said Treasury.

 

 

 

 

 

 

 

 

 

 

Thomas P. Mack, relief of.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County Auditor to draw warrant.

 

________

 

CHAPTER 72

Chap. LXXII.–An Act to determine who shall perform the duties of Bailiff of the Supreme Court of the State of Nevada and fixing the compensation for his services.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Hereafter the Sheriff of Ormsby county shall act as Bailiff of the Supreme Court of the State of Nevada, and for his services as such Bailiff,

 

 

 

 

 

 

 

 

 

Bailiff of Supreme Court.

 


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κ1895 Statutes of Nevada, Page 66 (CHAPTER 72)κ

 

Compensation.

his services as such Bailiff, either in person or by deputy, he shall receive from the State, the sum of five dollars per day, when actually in attendance upon said Court, such sum to be paid by the State Treasurer, out of the biennial appropriation therefor; and the said Sheriff as such Bailiff, shall retain to his own use all moneys received by him under the provisions of this Act.

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

 

________

 

CHAPTER 73

 

 

 

 

 

 

 

 

White Pine county.

 

 

 

 

 

 

 

 

Salaries of county officers.

Chap. LXXIII.–An Act relating to the county officers of White Pine county, regulating their compensation, and other matters connected therewith.

 

[Approved March 15, 1895.]

 

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. 1897, the county officers of White Pine county shall be as follows, viz: A Sheriff, a County Clerk, who shall be ex officio Clerk of the District Court, ex officio Clerk of the Board of Equalization, ex officio Clerk of the Board of County Commissioners, and ex officio Clerk of the Board of Canvassers; a County Treasurer, who shall be ex officio County Assessor; a County Recorder, who shall be ex officio County Auditor; a District Attorney, who shall be ex officio Superintendent of Public Schools and ex officio Public Administrator, and a Board of three County Commissioners; provided, that all of said named officers shall perform such other ex officio duties as may be required by law.

      Sec. 2.  The Sheriff shall receive as compensation for himself and his deputies such fees as are allowed under 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 9, 1865; approved March 6, 1875. The County Clerk shall receive three hundred dollars per annum, as full compensation for all services rendered by him to the county of White Pine in the before named official and ex official positions and shall retain as his own, for all 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 as now are or hereafter may be allowed by law. The County Recorder as ex officio Auditor shall receive a salary of five hundred dollars per annum as full compensation for all services rendered by him to White Pine county and the State of Nevada, and shall retain as his own all fees collected for services rendered by him in his official capacity for any person, company or corporation, other than the State of Nevada and the county of White Pine. The County Treasurer and ex officio County Assessor shall receive eighteen hundred dollars per annum as full compensation for himself and deputies. The District Attorney shall receive eighteen hundred dollars per annum and such other fees as are now allowed by law.

 


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κ1895 Statutes of Nevada, Page 67 (CHAPTER 73)κ

 

District Attorney shall receive eighteen hundred dollars per annum and such other fees as are now allowed by law. The County Commissioners shall each receive four hundred dollars per annum and such mileage as is now allowed by law.

      Sec. 3.  This Act shall take effect on and after the first Monday in January, A. D. eighteen hundred and ninety-seven.

 

 

________

 

CHAPTER 74

Chap. LXXIV.–An Act to consolidate certain county offices in and for the county of Eureka, State of Nevada, and fix their compensation and the compensation of other officers of said county.

 

[Approved March 15, 1895.]

 

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-seven, the County Clerk of Eureka county, Nevada, shall be ex officio County Treasurer in and for said county, and ex officio Clerk of the Court and of the Board of County Commissioners of said county, and shall receive for all such services as County Clerk and ex officio Clerk of the Court and of the Board of County Commissioners of said county a salary of five hundred dollars per annum from the county, and as ex officio County Treasurer in and for said county he shall receive for all of such services a salary of nine hundred dollars per annum from the county, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to the Clerk of Eureka county.

      Sec. 2.  On and after the first Monday in January, A. D. eighteen hundred and ninety-seven, the County Recorder of Eureka county, Nevada shall be ex officio Auditor in and for said county, and shall receive for all of such services a salary of ten hundred dollars per annum, 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 the County Recorder.

      Sec. 3.  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. 4.  The officers named in this Act shall, after said dates, appoint and pay their own deputies, and be responsible for their official acts; but no claims 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.

      Sec. 5.  All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed.

 

 

 

 

 

 

 

 

 

Eureka county.

 

 

 

 

Salaries and consolidation of offices.

 

 

 

 

 

 

 

 

 

Full compensation.

 

 

 

Appoint and pay deputies.

 

________

 

 


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κ1895 Statutes of Nevada, Page 68κ

CHAPTER 75

 

 

 

 

 

 

 

 

 

 

 

 

 

Guilty of a misdemeanor.

Chap. LXXV.–An Act declaring the willful prevention of, or attempt to prevent, any person from procuring employment, to be a misdemeanor and providing a punishment therefor.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person, association, company, or corporation within this State, or agent, or officer, on behalf of such person, association, company, or corporation, who shall hereafter willfully do anything intended to prevent any person who shall have for any cause left or been discharged from his or its employ from obtaining employment elsewhere in this State, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than fifty ($50) dollars, nor more than two hundred and fifty ($250) dollars for each such offense, or imprisonment in the County Jail at the rate of one day for each two ($2) dollars of such fine.

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

 

________

 

CHAPTER 76

 

 

 

 

 

 

 

Secretary of State to appoint Library Clerk.

Chap. LXXVI.–An Act to provide for clerical aid in the State Library.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Secretary of State shall have power to appoint a Clerk, to act as Librarian, at a salary of seven hundred and twenty dollars a year, commencing from the 8th day of January, A. D. 1895.

 

________

 

CHAPTER 77

 

 

 

 

 

 

 

 

 

 

Lander county officers and salaries.

Chap. LXXVII.–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 15, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  The 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,

 


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κ1895 Statutes of Nevada, Page 69 (CHAPTER 77)κ

 

officio Auditor, shall receive the fees allowed under an Act of February 27, 1883, and such other compensation as is allowed by law; 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, County Clerk, Recorder and ex officio Auditor, 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 payment into the treasury of said county required by this Act.

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

 

 

________

 

CHAPTER 78

Chap. LXXVIII.–An Act making appropriations for the support of the civil government of the State of Nevada for the fiscal years 1895 and 1896.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1895 and 1896:

      Sec. 2.  For the salary of the Governor, eight thousand dollars ($8,000).

      Sec. 3.  For the salary of the Governor’s Private Secretary, twenty-four hundred dollars ($2,400).

      Sec. 4.  For payment of rewards offered by the Governor, two thousand dollars ($2,000).

      Sec. 5.  For per diem and mileage of Lieutenant-Governor while as acting as Governor, one thousand dollars ($1,000).

      Sec. 6.  For salary of Secretary of State and ex officio Clerk of the Supreme Court and ex officio State Librarian, forty-eight hundred dollars ($4,800).

 

 

 

 

 

 

 

 

 

 

 

Governor.

 

 

Rewards.

 

Lieutenant-Governor.

 

Secretary of State.

 


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κ1895 Statutes of Nevada, Page 70 (CHAPTER 78)κ

 

 

 

State Controller.

 

Collection of revenue.

 

State Treasurer.

 

 

Attorney-General.

Surveyor-General.

 

 

 

Draughtsman Land Office.

Pay of clerks Land Office.

 

Township plats.

 

 

Attorney at Washington.

 

Superintendent of Public Instruction.

 

Public schools.

 

Teachers’ Institute

 

 

Supreme Court.

 

Bailiff.

State Printer

      Sec. 7.  For salary of Deputy Secretary of State, twenty-four hundred dollars ($2,400).

      Sec. 8.  For salary of State Controller, forty-eight hundred dollars ($4,800).

      Sec. 9.  For salary of Deputy State Controller, twenty-four ($2,400).

      Sec. 10.  For enforcing collection of revenue and prosecuting delinquents, to be under the control and direction of the State Controller, five hundred dollars ($500).

      Sec. 11.  For salary of State Treasurer, forty-eight hundred dollars ($4,800).

      Sec. 12.  For salary of Deputy State Treasurer, twenty-four hundred dollars ($2,400).

      Sec. 13.  For salary of Attorney-General, four thousand dollars, ($4,000).

      Sec. 14.  For salary of Surveyor-General and State Land Register, forty-eight hundred dollars($4,800), payable out of the State School Fund.

      Sec. 15.  For salary of Deputy Surveyor-General and State Land Register, twenty-four hundred dollars ($2,400), payable out of the State School Fund.

      Sec. 16.  For salary of Draughtsman in State Land Office, twenty-four hundred dollars ($2,400), payable out of the State School Fund.

      Sec. 17.  For salary of Clerks in State Land Office, and for transcribing old township plats and abstract books, twenty-six hundred dollars ($2,600), payable out of the State School Fund.

      Sec. 18.  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 dollars ($6), five hundred dollars ($500), payable out of the State School Fund.

      Sec. 19.  For pay of attorney at Washington, D. C., to attend and represent the land interests of the State before the departments, for the year 1895, one thousand dollars ($1,000), and for the year 1896, five hundred dollars ($500).

      Sec. 20.  For salary of the Superintendent of Public Instruction and ex officio Curator of State Museum, forty-eight hundred dollars ($4,800), payable out of the General School Fund.

      Sec. 21.  For traveling expenses of Superintendent of Public Instruction, six hundred dollars ($600), payable out of the General School Fund.

      Sec. 22.  For expenses of Teachers’ Institute, for eighteen hundred and ninety-five and eighteen hundred and ninety-six, two hundred dollars ($200), payable out of the General School Fund.

      Sec. 23.  For the salaries of the Justices of the Supreme Court, thirty thousand dollars ($30,000).

      Sec. 24.  For pay of Bailiff of the Supreme Court, four hundred dollars ($400).

      Sec. 25.  For salary of the Superintendent of State Printing, four thousand dollars ($4,000).

      Sec. 26.  For the support of the State Printing Office, including printing of Nevada reports, twelve thousand dollars ($12,000).

 


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κ1895 Statutes of Nevada, Page 71 (CHAPTER 78)κ

 

including printing of Nevada reports, twelve thousand dollars ($12,000).

      Sec. 27.  For the purchase of a printing press and other new material for the State Printing Office, two thousand dollars ($2,000).

      Sec. 28.  For official advertising and book binding, including Supreme Court reports, three thousand dollars ($3,000).

      Sec. 29.  For transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners, seventy thousand dollars ($70,000).

      Sec. 30.  For building at Insane Asylum a fireproof vault for the storage of records, and for building an iron tower and water tank, stone or brick carpenter shop and morgue, three thousand dollars ($3,000).

      Sec. 31.  For the support of the State Orphans’ Home, to be expended under the directions of the Board of Directors, twenty-nine thousand dollars ($29,000).

      Sec. 32.  For building a dormitory and making other improvements and repairs at the State Orphans’ Home, four thousand dollars ($4,000).

      Sec. 33.  For the support of the Nevada State Prison, sixty-three thousand dollars ($63,000).

      Sec. 34.  For repairs to Nevada State Prison and other buildings connected therewith, three thousand dollars ($3,000).

      Sec. 35.  For the support and education of the deaf, dumb and blind, and their transportation to and from the Institution, to be expended under the direction of the Board of Commissioners for the Care of the Insane, three thousand dollars ($3,000).

      Sec. 36.  For traveling expenses of the District Judges, thirty-six hundred dollars ($3,600).

      Sec. 37.  For salaries of janitor, gardeners and night watchman for State Capitol Building and grounds, also Printing Office Building and grounds, six thousand dollars ($6,000).

      Sec. 38.  For stationery, fuel and lights for State offices and the State Capitol Building and grounds, four thousand dollars ($4,000).

      Sec. 39.  For current expenses, telegraph, postal and contingent for the Sate officers, Supreme Court and State Library, and for the transportation of State property, three thousand six hundred dollars ($3,600).

      Sec. 40.  For election expenses, purchase of paper, boxing, freights, etc., one thousand dollars ($1,000).

      Sec. 41.  For maintaining Capitol grounds and water works, twenty-five hundred dollars ($2,500).

      Sec. 42.  For painting and calcimining Capitol Building, whitening State Printing Office Building, painting fence around the Capitol and State Printing Office, furniture and repairs, two thousand dollars ($2,000.)

      Sec. 43.  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 fifth, eighteen hundred and seventy-seven, three thousand dollars ($3,000).

State printing.

 

 

Book binding and advertising.

Insane Asylum.

 

 

 

 

 

State Orphans’ Home.

 

 

 

State Prison.

 

Repairs.

 

Deaf, dumb and blind.

 

 

District Judges.

 

State buildings.

 

 

Lights, fuel, stationery.

 

Contingent expenses.

 

 

 

 

Capitol grounds.

 

Furniture and repairs.

 

 

Fish Commissioner.

 


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κ1895 Statutes of Nevada, Page 72 (CHAPTER 78)κ

 

 

 

Weather Service.

 

 

 

State University.

 

 

 

 

Concrete walk.

 

 

Legislative halls.

 

 

 

Deficiencies.

 

 

 

Clerk State Library.

 

Agricultural Society.

State,” approved March fifth, eighteen hundred and seventy-seven, three thousand dollars ($3,000).

      Sec. 44.  For salary of Director of the State Weather Service, twelve hundred dollars ($1,200).

      Sec. 45.  For the purchase of instruments for, and contingent expenses of Weather Service Stations, one hundred dollars ($100).

      Sec. 46.  For the support of the State University and Laboratory, thirty thousand dollars ($30,000), payable out of the Contingent University Fund and the Interest Account Ninety Thousand-Acre Grant, fifteen thousand dollars from each.

      Sec. 47.  For purchase of books for State University Library, one thousand dollars ($1,000).

      Sec. 48.  For building concrete walk from eastern porch of Capitol Building to connect with walk on east side of Capitol Square, three hundred and eighty dollars ($380).

      Sec. 49.  For furnishing lights and fuel, and repairing legislative halls and furniture for the Eighteenth Session of the State Legislature, five hundred dollars ($500).

      Sec. 50.  For the support of the State Board of Health, one thousand dollars ($1,000).

      Sec. 51.  For payment of shortage in salaries in State officers and deputies, due to the reduction in salaries from January 1 to 7, 1895; from the General Fund, two hundred dollars ($200); from the State School Fund, thirty dollars ($30); from the General School Fund, twenty dollars ($20); to J. Josephs, $58 31.

      Sec. 52.  For pay of salary of Clerk in State Library, to be expended under the direction of Secretary of State, fourteen hundred and forty dollars ($1,440).

      Sec. 53.  For pay of deficiency in Agricultural Society for 1894, three thousand thirteen and 65-100 dollars ($3,013 65).

 

________

 

CHAPTER 79

 

 

 

 

 

 

 

 

Reno election precincts.

Chap. LXXIX.–An Act directing the submission of certain questions to the electors of the Reno election precincts at the general election of 1896.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Not less than twenty-five days before the general election to be held A. D. 1896, the Secretary of State shall certify to the County Clerk of Washoe county, Nevada, the following questions to be submitted to the electors of the Reno election precincts at the said general election, to wit:

      First-“Shall Reno be incorporated?”

      Second-“Shall Reno acquire and operate municipal waterworks?”

      Third-“Shall Reno acquire and operate a municipal light plant?”

      Sec. 2.  Said questions shall be submitted to the electors of the Reno election precincts at the general election to be held A.

 


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κ1895 Statutes of Nevada, Page 73 (CHAPTER 79)κ

 

D. 1896, 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 13, 1891, and of the various Acts supplementary thereto and amendatory thereof.

      Sec. 3.  The result of the vote upon the aforesaid questions shall be considered as advisory only and not as having any legal or binding effect.

To be submitted to electors.

 

________

 

CHAPTER 80

Chap. LXXX.–An Act to incorporate Storey county and provide for the government thereof.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All that tract of land in the State of Nevada, within the boundaries described as follows: Beginning at the northwestern corner of Lyon county, and running thence in an easterly direction along the north boundary of Lyon county to the northeastern corner thereof; thence north in a straight line to the road leading from the lower crossing of the Truckee river to the Sink of the Humboldt; thence westerly along said road to the middle of the Truckee river; thence up the middle of said river to the eastern line of Washoe county; thence southerly along said line to the place of beginning, is hereby declared to be a municipal corporation, and shall be and continue a body politic and corporate, in name and in fact, by the name, “Storey County,” and by this name, shall have perpetual succession, may sue and defend, in all Courts and places, and in all matters and proceedings, whatever, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property, within and without said Storey county, and sell, convey, mortgage and dispose of the same for the common benefit, receive bequests, gifts and donations of all kinds of property, within and without Storey county, in fee simple or in trust for charitable or other purposes, and do all acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust.

      Sec. 2.  The public buildings, lands and property, all rights of property and rights of action, all moneys, revenues and incomes belonging or appertaining to Storey county, the city of Virginia and the town of Gold Hill, are hereby declared to be vested in Storey county.

      Sec. 3.  The said Storey county shall have, hold and enjoy all public buildings, lands, property, real and personal, rights of property, rights of actions, suits, actions, moneys, revenues, incomes, books, documents, records, archives, claims, demands and things in possession and action of every nature and description, and shall be subject to all debts, obligations, liabilities, dues and duties, of Storey county, the city of Virginia and town of Gold Hill.

 

 

 

 

 

 

 

 

Boundary line of Storey county.

 

 

 

 

 

 

 

Rights of the county.

 

 

 

 

 

 

 

 

Vested rights.

 


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κ1895 Statutes of Nevada, Page 74 (CHAPTER 80)κ

 

 

 

 

 

 

 

 

Board of County Commissioners.

 

Relating to county officers.

 

Relating to funds.

 

 

 

 

But one fund.

 

Common School Fund.

 

 

 

 

 

 

 

Deputies may be allowed.

 

 

 

Tax levy.

dues and duties, of Storey county, the city of Virginia and town of Gold Hill.

      Sec. 4.  Suits, actions and proceedings may be brought in the name of said county, for the recovery of any property, money or things belonging thereto, or to the city of Virginia or town of Gold Hill, in law or equity, or dedicated to public use therein; or for the enforcement of any rights of, or contracts with said county, city or town; and all existing suits, actions and proceedings in the Courts or elsewhere, to which said county, city or town is a party, shall be carried on by or against said county.

      Sec. 5.  The government of Storey county shall be vested in the Board of County Commissioners of Storey county, as the legislative power of said county, as by law provided.

      Sec. 6.  The officers of said county, shall be, as now provided by law, with like powers, jurisdiction, authority, duties and liabilities as are prescribed by existing law, until otherwise provided, except as limited or enlarged in this Act.

      Sec. 7.  The moneys in the treasury to the credit of any fund, except the State Fund and Common School Funds, and the revenues and incomes hereafter paid into the treasury, shall at once be apportioned to and kept in a single fund, to be known as the County General Fund, out of which fund shall be paid all claims and demands whatsoever authorized by law, to be audited and allowed by the Board of County Commissioners. There shall be but one fund, and one account of receipts and disbursements for county purposes.

      Sec. 8.  The Common School Fund shall continue as provided by law. Out of this fund shall be paid all sums necessary for the purchase, rent and improvement of school sites; for the construction, alteration and repairs of school buildings; for the discharge of incumbrances on school property; for the salaries and wages of teachers, officers and employes connected with the common schools, and of other persons who may be employed in the school department; for supplying the common schools with light, fuel, water, apparatus and necessary school appliances, and for all other expenses of the school department.

      Sec. 9.  The Board of County Commissioners may allow, in any one year, the sum of three hundred dollars, and no more, as compensation for a deputy or deputies for the County Clerk and ex officio Treasurer. The said Board may also allow, the sum of three hundred dollars, and no more, in any one year, to the Sheriff and ex officio Assessor, for compensation for a deputy or deputies.

      Sec. 10.  The said Board of County Commissioners at the time for levying State and county taxes, may annually levy, upon all property, within said county, including the proceeds of mines, subject to taxation, a tax for county purposes, not exceeding the sum of $3 50 on each one hundred dollars valuation thereof.

      Sec. 11.  The Legislature hereby reserves the right, to amend, modify or repeal this Act.

 


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κ1895 Statutes of Nevada, Page 75 (CHAPTER 80)κ

 

      Sec. 12.  All Acts and parts of Acts, in so far as conflicting with or repugnant to this Act are hereby repealed.

 

 

________

 

CHAPTER 81

Chap. LXXXI.–An Act regulating the compensation of the District Attorney of White Pine county.

 

[Approved March 15, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The District Attorney, ex officio Public Administrator and ex officio County Superintendent of Schools of White Pine county, shall receive for his services, a salary of eight hundred dollars per annum and such other fees as are allowed by existing statutes.

      Sec. 2.  This Act shall be in effect from and after the first day of April, A. D. eighteen hundred and ninety-five.

 

 

 

 

 

 

 

 

White Pine county.

Duties and salary of District Attorney.

 

________

 

CHAPTER 82

Chap. LXXXII.–An Act to amend section five of an Act entitled “An Act in relation to public highways,” approved March 9, 1866; approved February 14, 1887.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section five.  If twenty-four freeholders in any township of any county containing one hundred or more legal voters, or twelve freeholders of any county containing less than one hundred legal voters, shall petition the Board of County Commissioners of such county for the location, opening to the public use, re-establishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, highway, street or alley proposed to be located, open to public use, re-established, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass; the Auditor of such county shall lay such petition before the Board of County Commissioners at their next session thereafter and thereupon such Board of County Commissioners may, within twenty days thereafter, proceed to locate, open to public use, re-establish, change or vacate such road, highway, street or alley; provided, that any public highway laid out or opened under the provisions of this Act shall be at least four rods wide. Before opening any new road, street or alley through any property, it shall be condemned to public use as follows: The Board of County Commissioners shall appoint two disinterested persons to view,

 

 

 

 

 

 

 

 

 

Duties of County Commissioners as to opening roads.

 


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κ1895 Statutes of Nevada, Page 76 (CHAPTER 82)κ

 

Number of viewers to be appointed.

missioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and such two persons in conjunction with two others, chosen by any owner or occupant, or by the several owners or occupants of the property to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner or occupant of such property. If such four persons cannot agree as to such damages, then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the Board of County Commissioners. If the owner or owners or occupants of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the Board and witnesses be examined for the State and such owner or owners or occupants and the decision of the Board shall be final, unless such owner or owners or occupants appeal from the decision of the Board within thirty days after such decision to the District Court, which he or they may do in the same manner that appeals are taken from Justices’ Courts to the District Court. Upon finally determining such damages, the Board shall provide for the payment of such damages, either by the person interested in such road, street or alley, or pay the same out of the County Treasury as other claims are paid, and after such payment is made the Board shall then cause such road, street or alley to be opened.

 

________

 

CHAPTER 83

 

 

 

 

 

 

 

 

 

Repeal.

Chap. LXXXIII.–An Act to repeal section four of an Act entitled “An Act to abolish the office of State Mineralogist, and provide for the care and preservation of the State Museum,” approved February 1, 1877.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section four of the Act of the Legislature of the State of Nevada, entitled “An Act to abolish the office of State Mineralogist, and provide for the care and preservation of the State Museum,” approved February 1, 1877, is hereby repealed.

 

________

 

CHAPTER 84

 

Chap. LXXXIV.–An Act supplemental to an Act entitled “An Act relating to the State University and matters properly connected therewith,” approved February 7, 1887.

 

[Approved March 16, 1895.]

 

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 President of the State University,

 


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κ1895 Statutes of Nevada, Page 77 (CHAPTER 84)κ

 

University, in addition to his other duties as fixed by law, to cause to be analyzed by an assistant, teacher or teachers employed at the State University, any ores, mineral, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said State for that purpose. Any citizen of the State may send any such substances and have the same analyzed free of charge, and the result of the same returned to him by mail with as near as possible an explanation of their uses and value in market, and there shall be kept at the State University a book of record, open for inspection, under such rules as may be made by the Regents, of all mineral, ores or other matters so sent with the history of such mineral or other matters, stating the name of the person or persons from whom received, the district and county from which it came, and all other matters that may be beneficial touching the same. A duplicate of the sample analyzed, as far as practicable, shall be kept at the University properly labeled so as to correspond to the record, and properly preserved.

      Sec. 2.  If the same kind of matter for analysis is sent from the same place, it shall not be necessary to analyze the same, but a duplicate of the analysis shall be sent by mail to the person desiring the same.

      Sec. 3.  Samples for analysis shall be analyzed in the order received.

      Sec. 4.  Sample assays for gold or silver shall not be made.

Relating to assays at State University.

 

 

 

 

 

 

 

 

 

 

 

Relating to analysis in duplicate.

 

________

 

CHAPTER 85

Chap. LXXXV.–An Act to repeal an Act entitled “An Act to encourage the development of the mineral resources of the State of Nevada,” approved March 14, 1891.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Act entitled “An Act to encourage the development of the mineral resources of the State of Nevada,” approved March 14, 1891, is hereby repealed.

 

 

 

 

 

 

 

 

Repeal.

 

________

 

CHAPTER 86

Chap. LXXXVI.–An Act to pay the deficiencies in the appropriations for the years 1894 and 1895.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of ninety-five dollars and ninety-one cents ($95 91) is hereby appropriated out of any money in the General Fund of the State for the payment of the deficiencies in the appropriations for the years of 1894 and 1895, as follows:

      To Reno Mill and Lumber Company, five (5) dollars and seventy cents; Tassell Brothers, ten dollars and twenty-five cents;

 

 

 

 

 

 

 

 

Appropriation for deficiencies.

 


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κ1895 Statutes of Nevada, Page 78 (CHAPTER 86)κ

 

Names and amounts of claimants.

 

 

 

 

 

State Controller to draw warrant.

seventy cents; Tassell Brothers, ten dollars and twenty-five cents; H. J. Thyes, eight dollars and fifty cents; W. O. H. Martin, one dollar and thirty-six cents; Nevada Cash Dry Goods Store, one dollar and fifty cents; Dixon & Brother, eleven dollars and five cents; Coffin & Larcombe, twelve dollars and fifteen cents; M. L. Holland, one dollar; Middour & Frey, six dollars and fifty-five cents; Ash Brothers, six dollars and fifty cents; Morris & Levy, one dollar; John G. Fox, nineteen dollars and fifty cents; John G. Fox, two dollars and eighty-five cents; Gus Koppe, eight dollars.

      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.

 

________

 

CHAPTER 87

 

 

 

 

 

 

 

 

Transfer of money to State Interest and Sinking Fund.

Chap. LXXXVII.–An Act authorizing and directing the State Controller and the State Treasurer to transfer certain money.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State Controller and the State Treasurer are hereby authorized and directed to transfer one thousand fifty-seven and 94-100 dollars from the Indigent Insane Interest and Sinking Fund to the State Interest and Sinking Fund, said amount being the balance remaining in said fund after paying all demands for which the fund was created.

 

________

 

CHAPTER 88

 

 

 

 

 

 

 

 

Appropriation for deficiencies

 

Names and amounts of claimants.

Chap. LXXXVIII.–An Act to pay the deficiencies in the appropriations for the years 1893 and 1894.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four thousand two hundred and thirteen dollars and nine cents ($4,213 09) is hereby appropriated out of any money in the General Fund of the State for the payment of the deficiencies in the appropriations for the years A. D. 1893 and 1894, as follows: To H. S. Crocker & Co., $21 30; to F. J. Steinmetz, $6; to E. D. Vanderlieth, $66 60; to A. Helm, $66 60; to F. J. McCullough, $66 60; to R. M. Horton, $66 60; to Wm. T. Hanford, $66 60; to Wells, Fargo & Co., $166 75; to G. Briggs, $15; to Carson-Tahoe Lumber and Flume Co., $21; to Virginia and Truckee Railroad Co., $142 21; to Morning Appeal, $10; to D. E. Vanderlieth, $166 66; to A. Helm, $166 66; to R. M. Horton, $166 66; to F. J. McCullough, $166 66; to Wm. T. Hanford, $166 66; to California Institution for the Deaf, Dumb and Blind, $294 10; to Orvis Ring, $63 37; to Morning News, $6 10; to Gilbert Briggs, $15; to Fred Wilder, $3;

 


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κ1895 Statutes of Nevada, Page 79 (CHAPTER 88)κ

 

$3; to H. K. Brown, $10; to Armstrong & De Guerre, $167 75; to Armstrong & De Guerre, $6; to Armstrong & De Guerre, $3; to Armstrong & De Guerre, $595 48; to E. D. Vanderlieth, $166 74; to A. Helm, $166 74; to R. M. Horton, $166 74; to F. J. Mc Cullough, $166 74; to Wm. T. Hanford, $166 74; to C. H. Galusha, $24 96; to M. G. Brambila, $65; to Geo. H. Bell, $61 10; to L. H. Bell, $8 75; to Thaxter’s Drug Store, $6 25; to Wells, Fargo & Co., $1 30; to H. B. Millard, $40 87; to Virginia and Truckee Railroad Co., $.70 (cents); to C. E. Bray, $3; to Carter, Rice & Co., $420; to R. M. Horton, $2 25; to Wm. T. Hanford, $20 25; to Reno Gazette, $6; to Orvis Ring, $5 90; to John G. Fox, $.70 (cents).

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

 

 

 

 

 

 

 

 

 

State Controller to draw warrant.

 

________

 

CHAPTER 89

Chap. LXXXIX.–An Act to amend an Act entitled “An Act authorizing a State loan,” approved March 6, 1893.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  For the purpose of keeping the State on a cash basis, without resorting to an onerous rate of taxation, the sum of ninety-two thousand dollars is hereby authorized to be borrowed for the use and benefit of the General Fund of the State, from the State School Fund at such times and in such amounts as may be necessary to meet the requirements of the State government, and the sum of thirty-seven thousand dollars is hereby authorized to be borrowed for the purpose of providing funds for the support and maintenance of the State University, without resorting to an onerous rate of taxation, from the State University Fund and the University Fund Ninety Thousand Acre Grant, for the use and benefit of the Contingent University Fund and Interest Account Ninety Thousand Acre Grant, at such times and in such amounts as may be necessary to meet the requirements of the State University.

 

 

 

 

 

 

 

 

 

Loan for use of General Fund.

 

 

 

Loan for use of State University.

 

________

 

CHAPTER 90

Chap. XC.–An Act to provide for free public libraries and other matters relating thereto.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever a petition for the establishment of a free public library, signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property,

 

 


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κ1895 Statutes of Nevada, Page 80 (CHAPTER 90)κ

 

Free public libraries.

 

 

 

Tax to be levied.

 

 

 

 

 

Library Trustees.

 

 

 

 

 

 

 

Powers of Library Trustees.

 

 

 

 

 

 

 

 

Manner of paying claims.

 

 

 

 

 

 

Library and rooms to be free.

taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll on any city, unincorporated town or School District, shall be presented to the Board of County Commissioners of the county, in which said city, unincorporated town or School District is situated, accompanied by affidavit of one or more of the signers thereof, that the signatures thereto are genuine, the said Board of County Commissioners shall levy, annually thereafter, in the manner and at the time other taxes are levied, a tax upon all the taxable property of the said city, unincorporated town or School District, of not less than one mill nor more than five mills on each one hundred dollars’ valuation, of the taxable property therein, for the purpose of creating a fund to be known as the Library Fund.

      Sec. 2.  Upon the presentation of a petition as provided in section one of this Act, the said Board of County Commissioners shall appoint three competent persons, to be known as Library Trustees, who shall hold office for the period of one, two and three years, respectively, and shall annually thereafter appoint one Library Trustee, who shall hold office for the period of the three years, and all vacancies which may occur at any time in the said office of Library Trustee, shall be filled by appointment by the said Board of County Commissioners; said Trustees shall serve without compensation and shall hold office until their successors are appointed and qualified.

      Sec. 3.  Said Library Trustees shall have power to, and shall establish and maintain a library and reading room, make purchases, secure rooms, employ assistants, appoint officers, establish by-laws and regulations, and manage and control the affairs and business of said library; and they and their successors, shall hold and possess the property and effects of said library and reading room in trust for the public and for the purpose of said library and reading room, and may as said Library Trustees, and for the purpose hereinbefore provided, acquire and hold real estate and personal property, by purchase or bequest, and administer any trust declared or created, for such library or reading room, and may prosecute, maintain or defend any action, in reference to the property or affairs of said library and reading room.

      Sec. 4.  All claims for indebtedness incurred or created by said Library Trustees, shall be audited by a majority of said Library Trustees, and presented to and acted upon by the Board of County Commissioners, and paid out of said Library Fund in the same manner as claims against the county are presented, acted upon and paid. No indebtedness in excess of the amount of money, to be realized in any year from said levy for said Library Fund, shall be incurred by said Library Trustees, or allowed by the Board of County Commissioners and in no case shall any claim except for library and reading room purposes, be allowed or paid out of said Library Fund.

      Sec. 5.  Said library and reading room shall forever be and remain free and accessible to the people of such city, unincorporated town or School District, subject to such reasonable rules and regulations as said Library Trustees may adopt.

 


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κ1895 Statutes of Nevada, Page 81 (CHAPTER 90)κ

 

corporated town or School District, subject to such reasonable rules and regulations as said Library Trustees may adopt.

 

 

________

 

CHAPTER 91

Chap. XCI.–An Act to define the constitution, organization, powers and duties of the State Board of Education, and matters properly connected therewith.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State Board of Education shall consist of the Governor, the State Superintendent of Public Instruction and the President of the University.

      Sec. 2.  The Governor is the President, and the Superintendent of Public Instruction the Secretary of the Board.

      Sec. 3.  The Board shall meet at the call of the Secretary, but shall hold at least two meetings a year.

      Sec. 4.  The powers and duties of the Board shall be as follows:

      First-To prescribe and cause to be adopted a uniform series of text books in the principal studies pursued in the public schools, to wit: Reading, writing, arithmetic, spelling, language, grammar, geography, history of the United States, physiology and drawing. Special prominence shall be given in all public schools to the effect of alcoholic stimulants and of narcotics upon the human system. No School District shall be entitled to receive its pro rata of the public school money, unless such text books on the above subjects as have been prescribed by the State Board of Education shall be used in all the public schools pursuing subjects covered by said text books; and text books shall not be changed oftener than once in four years. For the schools in which the Trustees may direct instruction to be given in additional branches, there shall also be prescribed text books in algebra, geometry, physics, astronomy, physical geography, chemistry, Latin, rhetoric, literature, English history, general history, civics, geology, bookkeeping and music.

      Second-To adopt a uniform system of rules for State and county examinations.

      Third-To prescribe and cause to be adopted the course of study in the public schools.

      Fourth-To recommend a list of books for district libraries.

      Fifth-To grant, first, life diplomas; second, State educational diplomas, valid for six years; third, State high school certificates, unlimited to those graduates from the School of Liberal Arts of the Nevada State University who have elected at least two University courses in pedagogics; fourth, State high school certificates, valid for five years to graduates of the Nevada State Normal School who have completed the four years’ course of study; fifth, State grammar school certificates, valid for five years, to graduates of the Nevada State Normal School who have completed the three years’ course of study.

 

 

 

 

 

 

 

 

State Board of Education

Officers of Board.

 

Time of meeting.

 

Powers and duties of Board.

 

 

 

 

 

 

 

 

 

 

 

 

Rules.

Course of study.

To recommend.

To grant diplomas.

 


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κ1895 Statutes of Nevada, Page 82 (CHAPTER 91)κ

 

To revoke diplomas.

 

Relating to printing.

 

 

Official seal.

To keep a record.

 

Diplomas, to whom issued.

 

 

 

 

Educational diploma.

 

 

Life diplomas.

 

 

 

 

Conditions of granting life diplomas.

 

 

 

 

 

Appellate jurisdiction.

 

To prescribe studies for examination.

 

 

Board may renew certificates.

      Sixth-To revoke for immoral conduct, or evident unfitness for teaching, any State diploma, or any State or county certificate.

      Seventh-To have done by the State Printer any printing required by the Board, such as the proceedings of the State Teachers’ Institute, circulars of information to school officers or teachers, and blank forms.

      Eighth-To adopt and use in authentication of its acts an official seal.

      Ninth-To keep a record of its proceedings, which shall be published biennially in the report of the Superintendent of Public Instruction.

      Tenth-State educational diplomas may be issued to such persons only as have held a State certificate of high school grade, or a county certificate of high school grade for at least one year and shall furnish satisfactory evidence of having been successfully engaged in teaching at least forty-five months in the public schools, twenty months of which must have been in Nevada. Every application for an educational diploma must be accompanied by a certified copy of a resolution adopted by the Board of School Trustees of the district in which the applicant has taught at least one year. An educational diploma shall entitle the holder thereof to teach in any public school in the State of Nevada without further examination.

      Eleventh-Life diplomas may be issued on all and the same conditions as educational diplomas, except that the applicant must furnish satisfactory evidence of having been successfully engaged in teaching seventy-two months in public schools, twenty-four of which must have been in Nevada. A life diploma shall entitle the holder thereof to teach in any school in the State of Nevada without any further examination.

      Twelfth-To the graduates of the Nevada State Normal School who hold State high school certificates, the State Board of Education shall grant a life diploma of high school grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. To all graduates of the Nevada State Normal School who hold a State grammar school certificate, the State Board of Education shall grant a life diploma of the grammar grade when said graduates shall have completed at least forty-five months of successful instruction in public schools.

      Thirteenth-To have appellate jurisdiction over all questions relating to schools and referred to County Boards of Examination.

      Fourteenth-To prescribe in what studies shall be examined an applicant for a county high school certificate, valid for four years; an applicant for a county grammar school certificate, valid for three years; and an applicant for a county primary certificate valid for two years.

      Fifteenth-Upon the recommendation of the County Superintendent of the county in which the applicant resides, the State Board of Education may renew a high school, or grammar certificate, or make it valid in any county in the State of Nevada.

 


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κ1895 Statutes of Nevada, Page 83 (CHAPTER 91)κ

 

      Sixteenth-Upon presentation to them of a life certificate of any State or of the diploma of any State Normal School the Board may grant a State certificate of equivalent grade without examination, valid for three years or less; provided, that since the issuing of such certificate or diploma the applicant has been continuously and successfully engaged in teaching.

      Seventeenth-Graduates of the Nevada State Normal School who have taught successfully for the time specified in this Act, on or before January 1, 1900, shall be entitled to life diplomas of undesignated grade.

      Eighteenth-All Acts and parts of Acts in conflict with this Act are hereby repealed.

      Nineteenth-This Act shall go into effect on the thirtieth day of June, eighteen hundred and ninety-five.

State certificate to be granted.

 

 

 

Diplomas of undesignated grade.

 

________

 

CHAPTER 92

Chap. XCII.–An Act to amend section two of an Act entitled an Act to amend sections two and four of an Act entitled “An Act amendatory of and supplementary to an Act entitled ‘An Act to provide for the preservation of fish in the waters of this State,’ approved March 5, 1877, and to repeal section nine of said Act,” approved March 19, 1891, approved March 10, 1893.

 

[Approved March 16, 1895.]

 

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.  It shall not be lawful for any person or persons between the first day of October of each year and the first day of June of each year to catch or kill any river, lake, or brook trout, or land-locked salmon in any of the streams, rivers, lakes, or other waters within this State; provided, that the “close season” as to lake trout in all the lakes of this State shall commence on the first day of January of each year and end on the first day of May of each year; and, provided further, that the close season as to the waters of the Humboldt river and its tributaries shall commence on the first day of November of each year and end on the first day of June of each year. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars nor more than one hundred dollars or by imprisonment in the County Jail not exceeding one day for each two dollars of fine, or by both such fine and imprisonment; provided, that the “close season” as to lake trout in all lakes of this State, shall commence on the first day of February of each year, and end on the first day of June of each year.

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

      Section four.  It shall not be lawful for any railway corporation,

 

 

 

 

 

 

 

 

 

 

 

 

Close season for fish.

 

 

 

 

 

 

Guilty of a misdemeanor.

 


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κ1895 Statutes of Nevada, Page 84 (CHAPTER 92)κ

 

Liabilities of carriers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Permit from State Fish Commissioner.

tion, express company or other common carriers or private parties, to ship or transport for sale, or to receive for shipping, or to have in their possession for transportation, any of the river or brook trout or land-locked salmon taken from the rivers, lakes, or other waters of this State between the first day of October of each year, and the first day of June of each year, nor to ship or transport for sale, or to receive for transportation, any lake trout taken from any lake or other waters of this State between the first day of February and the first day of June of each year, nor at any time to have in their possession any illegally caught fish taken from the waters of this State. Any railway corporation, express company or other common carriers or private parties or the managing agent of any railway corporation, express company or common carrier violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than twenty dollars or more than one hundred dollars, or by imprisonment in the County Jail at the rate of one day for each two dollars of fine, or by both such fine and imprisonment.

      Sec. 3.  Section eight shall be amended to read as follows:

      Section eight.  It shall be unlawful for any person or persons to remove any spawn, or ova, from any variety of trout, or from any lake, river or stream, in the State of Nevada without first having obtained a written permit so to do from the State Fish Commissioner.

 

________

 

CHAPTER 93

 

 

 

 

 

 

 

 

Relating to dentistry.

Certificate required to practice.

Board of Examiners.

 

 

 

Composition and term of Board.

Chap. XCIII.–An Act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That it shall be unlawful for any person who is not at the time of the passage of this Act engaged in the practice of dentistry in this State, to commence such practice unless he or she shall have obtained a certificate as hereinafter provided.

      Sec. 2.  A Board of Examiners, to consist of five practicing dentists, is hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this Act. The members of said Board shall be appointed by the Governor who shall select them from ten candidates whose names shall be furnished him by the Nevada State Dental Society. Three members, at least, of this Board shall be members of the Nevada State Dental Society. The term for which the members of said Board shall hold their offices shall be four years, except that the members of the Board first to be appointed under this Act shall hold their offices for the term of two and four years, respectively, and until their successors shall be duly appointed. In case of a vacancy occurring in said Board, such vacancy shall be filled by the Governor from the names presented to him by the Nevada State Dental Society.

 


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κ1895 Statutes of Nevada, Page 85 (CHAPTER 93)κ

 

shall be filled by the Governor from the names presented to him by the Nevada State Dental Society. It shall be the duty of the Nevada State Dental Society to present twice the number of names to the Governor of those to be appointed.

      Sec. 3.  Said Board shall choose one of its members President and one the Secretary thereof and it shall meet at least once in each year, and as much oftener and at such times and places as it may deem necessary. A majority of said Board shall at all times constitute a quorum, and the proceedings thereof shall at all reasonable times be open to public inspection.

      Sec. 4.  Within six months from the time that this Act takes effect it shall be the duty of every person who is at that time engaged in the practice of dentistry in this State, to cause his or her name and residence or place of business, to be registered with said Board of Examiners, who shall keep a book for that purpose. The statement of every such person shall be verified under oath before a Notary Public or Justice of the Peace in such manner as may be prescribed by the Board of Examiners. Every person who shall so register with said Board as a practitioner of dentistry may continue to practice the same, as such, without incurring any of the liabilities or penalties provided in this Act, and shall pay to the Board of Examiners for such registration, a fee of one dollar. It shall be the duty of the Board of Examiners to forward to the County Clerk of each county in the State, a certified list of the names of all persons residing in his county, who have registered in accordance with the provisions of this Act, and it shall be the duty of all County Clerks to register such names in a book to be kept for that purpose.

      Sec. 5.  Any and all persons who shall so desire may appear before said Board, at any of its regular meetings, and be examined with reference to their knowledge and skill in dental surgery, and if the examination of any such person or persons shall prove satisfactory to said Board, the Board of Examiners shall issue to such persons as they shall find to possess the requisite qualifications a certificate to that effect, in accordance with the provisions of this Act. Said Board shall also endorse as satisfactory, diplomas from any reputable dental college, when satisfied of the character of such institution, upon the holder of such diploma furnishing evidence satisfactory to the Board of his or her right to the same. All certificates issued by said Board shall be signed by its officers, and such certificates shall be prima facie evidence of the right of the holder to practice dentistry in the State of Nevada.

      Sec. 6.  Any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction may be fined not less than fifty dollars, nor more than two hundred dollars, or be confined six months in the County Jail. All fines or penalties recovered under this Act shall be paid into the Common School Fund of the county in which such conviction takes place.

      Sec. 7.  In order to provide the means for carrying out and maintaining the provisions of this Act, the said Board of Examiners may charge each person applying to or appearing before them for examination for a certificate of qualification,

 

 

 

Officers of Board.

 

 

 

 

Duty of dentists.

 

 

 

 

 

 

 

 

County Clerk to furnish list.

 

 

Requisite qualifications.

 

 

 

 

 

 

 

 

 

 

Fines for violation.

 

 

 

 

Fees charged.

 


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κ1895 Statutes of Nevada, Page 86 (CHAPTER 93)κ

 

 

 

 

 

 

 

 

 

 

 

 

Board to report annually.

 

 

Certificate to be registered.

 

 

Penalty for neglect to register.

 

 

 

 

Penalty for false claim.

iners may charge each person applying to or appearing before them for examination for a certificate of qualification, a fee of ten dollars, which fee shall in no case be returned, and out of the funds coming into the possession of the Board from the fees so charged, the members of said Board may receive as compensation the sum of five dollars for each day actually engaged in the duties of their office, and all legitimate and necessary expenses incurred in attending the meetings of said Board. Said expenses shall be paid from the fees received by the Board under the provisions of this Act. And no part of the salary or other expenses of the Board shall ever be paid out of the State Treasury. All moneys received in excess of said per diem allowance and other expenses above provided for, shall be held by the Secretary of said Board as a special fund for meeting the expenses of said Board and carrying out the provisions of this Act, he giving such bonds as the Board shall from time to time direct. And said Board shall make an annual report of its proceedings to the Governor, by the fifteenth of December of each year, together with an account of all the moneys received and disbursed by them pursuant to this Act.

      Sec. 8.  Any person who shall receive a certificate of qualification from said Board, shall cause his or her certificate to be registered with the County Clerk of any county or counties in which such person may desire to engage in the practice of dentistry, and the County Clerks of the several counties in this State shall charge for registering such certificate a fee of twenty-five cents for such registration. Any failure, neglect or refusal on the part of any person holding such certificate to register the same with the County Clerk as above directed, for a period of six months, shall work a forfeiture of the certificate, and no certificate, when once forfeited, shall be restored, except upon the payment to the said Board of Examiners of the sum of twenty-five dollars as a penalty for such neglect, failure or refusal.

      Sec. 9.  Any person who shall knowingly and falsely claim or pretend to have or hold a certificate of license, diploma or degree, granted by any society, or who shall falsely, and with intent to deceive the public, claim or pretend to be a graduate from any incorporated dental college, not being such graduate, shall be deemed guilty of a misdemeanor, and shall be liable to the same penalty as provided in section six of this Act.

      Sec. 10.  Nothing in this Act shall be so construed as to prohibit any person from extracting teeth.

 

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κ1895 Statutes of Nevada, Page 87κ

CHAPTER 94

Chap. XCIV.–An Act to amend section three of an Act entitled “An Act relating to military encampments,” approved March 6, 1893.

 

[Approved March 16, 1895.]

 

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.  In selecting a site for an encampment the officer in charge of the same shall obtain complete control for the entire time of the encampment of the whole of the grounds used and of as much adjoining land on each side as may be necessary; provided, that all encampments authorized by this Act shall be held at, or in the immediate vicinity of, the State Capital.

 

 

 

 

 

 

 

 

 

Site for military encampment, place of holding.

 

________

 

CHAPTER 95

Chap. XCV.–An Act to amend an Act entitled “An Act amendatory of an Act entitled ‘An Act to provide for the maintenance and supervision of public schools,’ approved March 20, 1865,” and of Acts amendatory thereof, approved March 7, 1873.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section forty-one of said Act is hereby amended so as to read as follows:

      Section forty-one.  The County Superintendent shall appoint two competent persons who with himself shall be and constitute a Board of Examination, of which he shall be Chairman. Said Board shall be constituted for the purpose of examining applicants for teachers’ certificates and granting certificates of qualification for teaching in the public schools. They shall hold examinations at such times as may be provided by law, and be governed by such rules and regulations as the State Board of Education may from time to time direct. They shall grant certificates, except as hereinafter provided, to such persons only as shall pass a satisfactory examination. The certificate so granted shall remain in force as specified in this section, unless revoked for incompetency, immorality or gross neglect of duty. Said Board shall have power to grant certificates of the following grades: High school grade, for teaching a high school, which shall be good for four years; grammar grade, for teaching unclassified and grammar schools, which shall be good for three years; primary grade for teaching a primary school, which shall be good for two years. High school and grammar certificates shall entitle the holders to teach in high schools and grammar schools respectively; a primary certificate shall not entitle the holder to teach any class or classes pursuing high school branches.

 

 

 

 

 

 

 

 

 

 

 

 

County Superintendent to appoint Board of Examiners.

 

 

 

Shall grant certificates.

 


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κ1895 Statutes of Nevada, Page 88 (CHAPTER 95)κ

 

Must pass satisfactory examination.

The certificate provided for in this section shall be issued to such persons only as pass a satisfactory examination in the branches of studies pursued in each specified grade of the public schools, and such additional studies as the State Board of Education may direct, and shall have given evidence of good moral character and of fitness for teaching. The certificate shall be signed by a majority of the Board of Examination. The Board of Examination shall have power to renew the high school or grammar certificate of any person sucessfully teaching in the county; provided, that the certificates of no one not thus engaged shall be renewed. County certificates made valid for all the counties of this State shall be accepted in all the counties.

 

________

 

CHAPTER 96

 

 

 

 

 

 

 

County contracts.

 

Penalty.

Chap. XCVI.–An Act in relation to county contracts.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  No member of any Board of County Commissioners within this State shall be allowed to vote on any contract which extends beyond his term of office.

      Sec. 2.  Any County Commissioners violating section one of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not less than one hundred nor exceeding five hundred dollars, or three months in the County Jail, or both.

 

________

 

CHAPTER 97

 

 

 

 

 

 

 

 

 

 

 

Relating to civil cases.

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

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section two hundred and forty-five.  The Judge or referee may order any property of the judgment debtor not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtor not exceeding fifty dollars for his personal services for the calendar month during which process has been issued shall not be so applied when it shall be made to appear by the debtor’s affidavit, or otherwise, that such earnings are necessary for his own support, or the use of a family supported wholly or partly by his labor.

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

 

________

 

 


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κ1895 Statutes of Nevada, Page 89κ

CHAPTER 98

Chap. XCVIII.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act relating to the State University and matters properly connected therewith,’ approved February 7, 1887,” approved March 19, 1891.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section two.  Upon the recommendation of the President of the University, the Board of Regents shall issue to those who worthily complete the full course of study in the School of Mines, or in the School of Agriculture, or in the School of Liberal Arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the Nevada State University; and no diploma bearing the distinctive title, “Nevada State University,” shall be issued to any one who has not completed the full course of study as above set forth. Upon the recommendation of the President of the University, the Board of Regents shall issue to those who worthily complete the full four years’ course of study prescribed in the Nevada State Normal School, a department of the State University, a diploma of graduation, and said diploma shall bear the heading “The Nevada State Normal School,” and to all persons receiving this diploma, the State Board of Education shall issue a State high school certificate of the first grade, good for five years. To the holders of the above State high school certificates of the first grade, the State Board of Education shall grant a life diploma when said graduates of the Nevada State Normal School shall have completed at least five years of successful instruction in the public schools of Nevada, or of any other State. Upon the recommendation of the President of the University the Board of Regents shall issue to those who worthily complete the three years’ course of study prescribed in the Nevada State Normal School, a grammar grade diploma of graduation, and said diploma shall bear the heading “Nevada State Normal School, Grammar Grade Diploma,” and to all persons receiving this grammar grade diploma, the State Board of Education shall grant a grammar grade State certificate good for five years. The Board of Regents may require said Normal School graduates, before granting the diplomas herein provided for, to sign the following obligation: “I hereby agree to report to the President of the University by letter at least twice a year for three years after my graduation and once a year thereafter, so long as I continue in the profession of teaching, and when I shall leave the profession I will report the fact to him with the cause therefor. A failure to make such reports may be considered sufficient cause for the revocation of my diploma.” And further, it is hereby expressly provided that the graduates of the Nevada State Normal School for the year 1895 shall receive their diplomas and State certificates according to the Act of March 19, 1891, hereby amended.

 

 

 

 

 

 

 

 

 

 

State University.

 

 

 

Academic degree, how issued.

 

 

 

 

Nevada State Normal School.

State high school certificates.

Life diploma.

 

 

 

 

Grammar grade diploma

 

 

 

 

 

 

Cause for revocation.

 


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κ1895 Statutes of Nevada, Page 90 (CHAPTER 98)κ

 

 

 

 

Diploma of graduation.

 

 

their diplomas and State certificates according to the Act of March 19, 1891, hereby amended. Upon the recommendation of the President of the University the Board of Regents shall issue to those who worthily complete the full course of study in any other department of the University, not equivalent to a regular University course, a diploma of graduation, but said diploma shall bear the name of the department from which it is issued, and in no case to bear the heading of the regular University diploma.

 

________

 

CHAPTER 99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to diseased animals.

 

 

Infectious diseases.

 

 

 

 

 

 

 

 

 

 

 

To procure certificate from State Board of Health.

Chap. XCIX.–An Act to amend an Act entitled “An Act to prohibit the bringing of diseased animals within this State and to prevent the selling of diseased animals, poultry, fish, game and other articles by butchers, merchants, and others to the general public,” approved March 10, 1891, and declaring the violation of the provisions thereof a misdemeanor, and prescribing a punishment therefor, and providing for a liability in damages for the violation thereof and a mode for the collection of the same by civil action.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section one.  It shall be unlawful for any person, either for himself or as the agent, manager or employe of any person, partnership, company, association or corporation or for any partnership, company, association or corporation, to do or cause to be done any or either of the following prohibited acts, to wit:

      First-To bring or drive or cause to be brought or driven into the State of Nevada, any sheep, cattle or horses having any infectious or contagious disease, or which have been herded or brought into contact with any other sheep, cattle or horses having such disease, at any time within ninety days immediately prior to their importation into the State of Nevada.

      Second-To bring or drive or cause to be brought or driven into the State of Nevada between the last day of March and the first day of November, in any year, any sheep, cattle or horses from any State, Territory or country, situated south of the 36° parallel of north latitude, unless such sheep, cattle or horses have been held at some place north of the said parallel of latitude for the period of at least ninety days immediately preceding their importation into the State of Nevada, or unless the person, partnership, company, association or corporation owning, transporting or having charge of such sheep, cattle or horses, shall procure from the State Board of Health a certificate or bill of health to the effect that said sheep, cattle or horses are all entirely free from every infectious or contagious disease, or shall prove to the satisfaction of said State Board of Health, and secure its certificate that none of such sheep, cattle or horses have been exposed, at any time within the ninety days immediately prior thereto, to any of such diseases.

 


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κ1895 Statutes of Nevada, Page 91 (CHAPTER 99)κ

 

and secure its certificate that none of such sheep, cattle or horses have been exposed, at any time within the ninety days immediately prior thereto, to any of such diseases. The expense of any inspection connected herewith shall be paid by the owner or owners or managers or transporters of such sheep, cattle or horses.

      Sec. 2.  Section seven of which this Act is amendatory is hereby amended so as to read as follows:

      Section seven.  It is hereby made the duty of the State Board of Health to issue, upon the application of any person, partnership, company, association or corporation, named in this Act, after satisfactory proof and examination of any sheep, cattle or horses found to be entirely free from all the diseases and dangers in this Act specified, to issue to such person, partnership, company, association or corporation, a certificate or bill of health certifying such good health and freedom from dangerous contact of such sheep, cattle or horses as is mentioned in section one of this Act, and it is hereby made the duty of any Sheriff, Constable, policeman or other peace officer or any member of said State Board of Health to forthwith remove, and they and each of them are hereby authorized and empowered, whenever he or they shall become aware of the existence thereof, any of the animals or articles named in section [two] of the Act of which this Act is amendatory, at the expense of the owner or owners thereof, in a manner that will insure safety and protection to the public. It shall be the duty of the State Board of Health, in cases of diseased stock, to employ a competent veterinary surgeon to inspect and investigate such stock.

      Sec. 3.  If any person, partnership, company, association or corporation shall bring or cause to be brought into this State, any sheep, cattle or horses, in violation of the provisions of section one of this Act, or shall by false representation procure a certificate of health as provided in section two of this Act, he or they shall be liable to a civil action in any court of competent jurisdiction within the State of Nevada, by the party injured for all damage sustained on account of disease communicated by or from such sheep, cattle or horses, and action therefor is hereby authorized to be brought in the same manner as other suits for damage in a civil action in this State; and the judgment for damages in any such action, shall include the costs of action and such judgment shall be a lien upon all such sheep, cattle or horses, and a writ of attachment may issue in the first instance, and the Court rendering such judgment may order the sale of said sheep, cattle or horses, or so many thereof as may be necessary to satisfy said judgment and accruing costs. Such sale shall be conducted as other sales under execution.

      Sec. 4.  Section eight of the Act of which this Act is amendatory is hereby amended so as to read as follows:

      Section eight.  Every person violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceed[ing] five hundred dollars, nor less than twenty dollars or by imprisonment in the County Jail, for a term not more than six months, nor fewer than twenty days.

 

 

 

 

 

 

Duty of State Board of Health.

 

 

 

 

Duty of officers.

 

 

 

 

 

Veterinary surgeon to be employed

 

 

 

 

 

Damages and method of recovery.

 

 

 

 

 

 

 

 

 

Penalty.

 


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κ1895 Statutes of Nevada, Page 92 (CHAPTER 99)κ

 

 

onment in the County Jail, for a term not more than six months, nor fewer than twenty days.

 

________

CHAPTER 100

 

 

 

 

 

 

 

Elko branch fish hatchery.

 

 

 

Appropriation.

Chap. C.–An Act to establish a branch fish hatchery at Elko, Nevada.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State Fish Commissioner is hereby authorized and empowered to establish a branch fish hatchery at or near the town of Elko, in Elko county, for the purpose of stocking and supplying the streams and lakes of the eastern portion of the State of Nevada with such fish as in his judgment are adapted for the said streams and lakes.

      Sec. 2.  The sum of $1,000 is hereby appropriated out of any moneys in the General Fund of the State of Nevada not otherwise appropriated, for the purpose of carrying out the provisions of this Act and for the maintenance of such hatchery for the fiscal years of 1895 and 1896.

 

________

CHAPTER 101

 

 

 

 

 

 

 

To sell poultry, etc., without payment of license.

Chap. CI.–An Act to encourage agriculture.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any citizen or resident of the State of Nevada, shall be permitted to sell fruits, eggs, and poultry, also pork and beef by the quarter and any other agricultural products of his own industry without the payment of license.

 

________

CHAPTER 102

 

 

 

 

 

 

 

 

 

 

 

State Board of Health.

Chap. CII.–An Act to amend an Act entitled “An Act to prevent the spreading of contagious diseases and to establish a State Board of Health,” approved March 6, 1893, and to further prescribe the duties of such Board.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section four.  The said State Board of Health shall take cognizance of the interest of life and health among the inhabitants of the State; shall make or cause to be made sanitary investigations in inquiries respecting causes of disease, especially of epidemics and contagious diseases and the means of prevention; the sources of mortality and the effect of localities, employment, habits and circumstances of life on the public health.

 


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κ1895 Statutes of Nevada, Page 93 (CHAPTER 102)κ

 

of epidemics and contagious diseases and the means of prevention; the sources of mortality and the effect of localities, employment, habits and circumstances of life on the public health. Said Board shall also, when requested or when in its opinion the sanitary interest of localities require it, advise with municipal, county and township officers with regard to the location, drainage, water supply, heating and ventilation of public buildings and the drainage and sewerage of towns and cities. It shall be the further duty of the said State Board of Health, upon the application of any owner, agent, manager or transporter, of any sheep, cattle or horses to at once examine and take necessary proofs concerning the health and recent exposure to danger and present condition of such sheep, cattle or horses, and if thereupon the Board be satisfied that any or all of such sheep, cattle or horses, are entirely free from all contagious or infectious diseases, said Board shall issue to the person soliciting the same, a certificate or bill of health, certifying to such fact concerning such sheep, cattle or horses, as said Board shall determine to be free from such disease or danger.

To use means to prevent epidemics.

 

 

 

Duty of Board.

 

 

 

 

Animals free from infectious diseases.

 

________

 

CHAPTER 103

Chap. CIII.–An Act to promote the purity of elections by regulating the conduct thereof, and to support the privilege of free suffrage by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  All nominations of candidates for public office to be filled by election within this State, and Presidential elections, must be filed with the proper officer within the time and in the manner prescribed by law. Every certificate of nominations made by the members of a political party, or by a convention, or organized assemblage of delegates, or other body of citizens representing a political party or principles, must be signed as provided by the provisions of sections three and four of an Act approved March 13, 1891, entitled “An Act relating to elections and to more fully secure the secrecy of the ballot,” and at the time of filing the certificate of nomination the persons signing such certificate shall also file with the person authorized by the law to receive and file such certificate, the names of five persons who have accepted in writing and consented to act, selected to receive, expend, audit and disburse all moneys contributed, donated, subscribed or in anywise furnished or raised for the purpose of promoting the election of the candidates for office or electors named in the said certificate of nomination, or in any manner to be used in respect to the conduct and management of the election at which such candidates are to be voted for. The certificate of nomination must not be received or filed unless accompanied by the names of five persons, citizens and electors of this State, to compose such committee, together with their written acceptance and consent to act as such committee as required by this Act.

 

 

 

 

 

 

 

 

 

Relating to purity of elections.

 

 

 

 

 

 

 

 

Five persons to act, receive, expend and audit all moneys to be used.

 


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κ1895 Statutes of Nevada, Page 94 (CHAPTER 103)κ

 

Certificate of nomination to be filed only when accompanied by five names to constitute committee.

 

Vacancy in committee to be filled.

 

 

 

 

No vacancy, when.

 

 

 

Committee to file statement in detail.

 

 

 

 

 

Itemized statement of all moneys received and expended.

Affidavit attached.

 

 

 

Statement, where filed.

 

 

Each candidate to file itemized statement.

persons, citizens and electors of this State, to compose such committee, together with their written acceptance and consent to act as such committee as required by this Act. The said committee shall have the exclusive custody of all moneys contributed, donated, subscribed or in anywise furnished or raised for or on behalf of the political party, organized assemblage or body, or candidates represented by said committee, and shall disburse the same on proper vouchers under the direction of the body, or superior authority to which it is subject, if there be any. If for any cause a vacancy shall occur in the membership of said committee prior to the fifteenth day before the holding of an election, the vacancy shall be filled by the same authority as vacancies in the list of nominees are filled. No vacancy by resignation therefrom or refusals to act upon such committee shall occur after the fifteenth day before the holding of an election, or until the said committee shall have completed and discharged all of the duties required of them by this Act. If any vacancy be created by death or legal disability subsequent to the fifteenth day before the holding of an election, such vacancy shall not be filled, and the remaining members shall discharge and complete the duties required of said committee as if such vacancy had not been created.

      Sec. 2.  Within twenty-one days after the completion of the official canvass of the result of the election, said committee shall file, as hereinafter provided, an itemized statement, showing in detail all of the moneys contributed, donated, subscribed or in anywise furnished or received to the use of the political party, organized assemblage or body, or any or all of the candidates for public office, or electors, coming under the control of such committee, or into their custody, directly or indirectly, together with the name of each contributor, donor, subscriber or source from which such moneys were derived, and an itemized statement of all moneys expended; such statement shall give the names of the various persons to whom such moneys were paid, the specific nature of each item, by whom the service was performed, and the purpose for which it was expended. There shall be attached to such statement an affidavit, subscribed and sworn to by each member of said committee, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys, securities or equivalents for money coming under their control or into their custody and by them expended, directly or indirectly. Such statement shall be filed in the same office in which is filed the certificate of the selection of such committee, and shall become a public document, and open to inspection by any citizen.

      Sec. 3.  Every candidate who is voted for at any public election, held within the State, shall, within fifteen days after the day of holding any such election, file as hereinafter provided, an itemized statement, showing in detail all moneys paid, loaned, contributed, or otherwise furnished to him or for his use, directly or indirectly, in aid of his election, and all moneys contributed, loaned or expended by him, directly or indirectly, by himself or through any other person in aid of his election.

 


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κ1895 Statutes of Nevada, Page 95 (CHAPTER 103)κ

 

by himself or through any other person in aid of his election. Such statement shall give the names of the various persons who paid, loaned, contributed or otherwise furnished such moneys in aid of his election, and the names of the various persons to whom such moneys were contributed, loaned, or paid, the specific nature of each item, the service performed, and the purpose for which the money was expended, contributed or loaned. There shall be attached to such statement an affidavit, subscribed and sworn to by such candidate, which must be substantially in the following form:

      State of Nevada, County of _____, ss.

      I (name), having been a candidate for the office of _____ at the election held in _____ on the ___ day of _____, 18___, do solemnly swear that the foregoing statement is a full and true account of all moneys expended by me or in my behalf in said election, and that except as herein stated, I have not, nor to the best of my knowledge and belief has any person, club, society or association, on my behalf, directly or indirectly made any payment or given, promised or offered any reward, office, or employment, or valuable consideration, or incurred any liability, on account of, or in respect of the conduct or management of the said election, except such moneys as may have been paid to or expended by the committee selected as prescribed by the Act of Legislature of this State [approved March 16, 1895]. And I furthermore solemnly swear that, except as aforesaid, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given or deposited by any one, to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf, or in aid of my election, or on account of or in respect of the conduct or management of the said election. And I further solemnly swear that I will not at any future time, make, or be a party to the making or giving of any payment, reward, office, employment or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security or equivalent for money for the purpose of defraying any such expenses.

      If the candidate seeks to avoid the responsibility of any illegal payment made by any other person in his behalf, he shall set out such illegal payment, and disclaim responsibility thereof. Candidates for offices to be filled by the electors of the State, or any political division thereof greater than a county, and for members of the Senate and Assembly, or Representative in Congress, shall file their statements in the office of the Secretary of State. Candidates for all other offices shall file their statements in the office of the Clerk of the county where the election is held, and within which the duties of the office for which the candidate is voted are to be exercised. All such documents after being filed shall become public records and open to public inspection. Vouchers must be filed for all expenditures, except in the cases of sums under five dollars.

      Sec. 4.  Any candidate for public office who shall refuse or neglect to file, or who makes a false statement of moneys received or expended,

Nature of statement.

 

 

 

 

 

 

 

Form of affidavit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What candidates to file statements with Secretary of State.

 

Others to be filed with County Clerk.

 

Vouchers to be filed.

 


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κ1895 Statutes of Nevada, Page 96 (CHAPTER 103)κ

 

Penalty for making false statement.

 

 

 

Result of neglect.

 

 

 

 

 

When incumbent forfeits office.

 

 

What are legitimate expenses.

 

 

 

 

 

 

 

 

 

 

 

Amount that can be expended by candidate, or in his behalf.

or expended, as prescribed by section three of this Act, shall in addition to the punishment for such offense prescribed by the laws of this State, forfeit any office to which he may have been elected at the election, with reference to which the statement is required to be made. If a candidate elected to a public office refuses or neglects to file a statement prescribed by section three of this Act, no certificate of election shall be issued to him; neither shall any official bond presented or offered by him be approved, and the incumbent of the office, unless he is himself a defaulting candidate, must not surrender nor deliver up said office, but shall continue to discharge the duties and receive the emoluments thereof. If the candidate refusing or neglecting to file the statement, or making a false statement of moneys received or expended, is the incumbent of an office of profit or trust under the laws of the State, in addition to the punishment prescribed by the laws of this State for such refusal or neglect, or for making such false statement, he shall be deprived of his office, and shall also forfeit any office to which he may have been elected at the election in reference to which the statement is required to be made.

      Sec. 5.  No sums of money shall be paid, and no expenses shall be incurred by or in behalf of a candidate at an election held within this State at which he is a candidate, or by or on behalf of a committee selected under the provisions of section one of this Act, or by or on behalf of the body or superior authority to which said committee is subject, if any, whether before, during or after an election, on account of or in respect of the conduct or management of such election, except for the expenses of holding and conducting public meetings held for the discussion of public questions, and of printing and circulating specimen ballots, handbills, cards and other papers previous to such election, and of advertising, postage, telegraphing, telephoning, and of supervising the registration of voters and watching the polling and the counting of the votes cast at such election, and of salaries of persons employed in transacting business at office or headquarters, and necessary expenses of maintaining the same, and for rent of rooms necessary for the transaction of the candidate or committee, or superior authority to which such committee is subject, if any, and for necessary incidental expenses, which shall not exceed the sum of one hundred dollars if expended by a candidate, or six hundred dollars if expended by a committee; and no sum shall be paid and no expenses shall be incurred, directly or indirectly, by or on behalf of a candidate, whether before, during or after an election, on account of or in respect of the conduct or management of an election at which he is a candidate in excess of the maximum amount following-that is to say: If the term of office for which the person is a candidate be for two years or less, five per cent. of the amount of one year’s salary of the office; if the term be for more than two years and not more than four years, four per cent. of the amount of one year’s salary for the office; if the term be for more than four years, three per cent. of the amount of one year’s salary of the office; if the office be one for which in lieu of salary there is allowed per diem for a statutory period, twenty-five per cent.

 


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

κ1895 Statutes of Nevada, Page 97 (CHAPTER 103)κ

 

office be one for which in lieu of salary there is allowed per diem for a statutory period, twenty-five per cent. of the amount to accrue for the statutory period; if the office be one for which in lieu of salary a yearly sum is allowed the officer for all the expenses of his office, the expenditures of the candidate for such office shall not exceed ten per cent. of the amount of the allowance for such office; if the office be one for which no salary or compensation is allowed except fees, or a salary not exceeding fifteen hundred dollars per annum and fees, the expenses of the candidate for such office shall not exceed the amount of one hundred and fifty dollars; if the office be one for which no salary or compensation is allowed, or for which a per diem is allowed for the days actually employed in the performance of a public duty, the expenditures of a candidate for such office shall not exceed one hundred dollars; if the candidate is also at the same time a candidate for an unexpired term, he shall not pay or expend any sum on account of such unexpired term, but the maximum amount to be expended by such candidate shall be as hereinabove provided.

      Sec. 6.  Every claim payable by the committee selected under the provisions of section one of this Act, on account of or in respect of any expenses incurred in the conduct or management of an election held within this State or on behalf of the candidates of the political party, organized assemblages or body which such committee represents, must be presented to the committee within ten days after the return day of the election, and if not so presented the same shall not be paid, and no action shall be commenced or maintained thereon; and all expenses incurred as aforesaid shall be paid within fifteen days after the completion of such official canvass, and not otherwise. Every claim in respect of any expenses incurred by or on behalf of a candidate at an election held within this State, on account of or in respect of the conduct or management of such election, shall be presented to such candidate within ten days after the day of election, and if not so presented the same shall not be paid, and no action shall be instituted or maintained thereon; and all such expenses incurred as aforesaid must be paid within twelve days after the day of election, and not otherwise. Any person who makes a payment in contravention of this section, except when such payment is allowed by the provisions of this Act, is guilty of a misdemeanor.

      Sec. 7.  The District Court of the county in which said statement is filed, or is required to be filed, may, on the application of either committee or candidate, or a creditor of either, allow any claim, not in excess of the maximum amount allowed by this Act, to be presented and paid after the time limited by this Act, and a statement of any sum so paid, with a certificate of its allowance, shall forthwith after payment be filed by the committee or candidate in the same manner as the original statement of the committee or candidate. If the committee or candidate, upon such application, shall show to the satisfaction of said Court that any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit or to present, within the designated time,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When claims must be presented

 

 

 

 

 

 

 

 

 

Effect of non-presentation within prescribed time.

 

Misdemeanor.

How presented claims may be paid.

 


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

κ1895 Statutes of Nevada, Page 98 (CHAPTER 103)κ

 

 

 

 

 

 

 

 

 

 

 

Creditor may make like application.

 

 

 

Only candidate or committee permitted to expand money.

 

 

 

 

 

 

Regulations relative to rent of rooms where intoxicating liquors are sold.

 

 

 

 

 

 

Name and address of printer.

within the designated time, a claim otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the absence, illness or death of one or more members of such committee, or by the misconduct of any person, other than such applicant, or by the inadvertence or excusable neglect, or of any reasonable cause of a like character, and not by reason of any want of good faith on the part of the applicant, the Court may, after such notice of the application as the Court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such Court, by order, allow such statement and affidavit to be filed, or such error or false recital therein to be corrected, or such claim to be paid, as to the Court seems just; and such order shall relieve the applicant from any disability or consequences under this Act, in respect of the matters excused by the order. If the application be made by a creditor, the Court may, under like conditions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his cost. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated.

      Sec. 8.  No payment of money shall be made and no expenses shall be incurred by any person in aid of, or on behalf of any candidate, or on account of or in respect of the conduct or management of an election held within this State, except by a candidate or committee selected under the provisions of section one of this Act, or the committee, body or superior authority to which such committee is subject, and all expenses incurred by the committee, body or superior authority to which such committee is subject shall be paid only from the fund in the custody of the said committee, as selected as required by this Act. Any contract for the payment of money or any expenses incurred contrary to the provisions of this Act shall be absolutely void.

      Sec. 9.  No payment of any money shall be made by a committee or candidate for the rent of any premises to be used as a committee-room or headquarters, or for holding a meeting, or for the purpose of promoting the election of a candidate, or on account of or in respect to the conduct or management of an election, where intoxicating liquors are sold for consumption on the premises, or where intoxicating liquor is supplied to members of any club, society or association; provided, that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of offices, or for holding public meetings, if such part has a separate entrance, and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid.

      Sec. 10.  Every bill, placard, poster, pamphlet or other printed matter having reference to an election or to any candidate, shall bear upon the face thereof the name and address of the printer and publisher thereof, and no payment therefor shall be made or allowed unless such address is so printed.

      Sec. 11.  Whenever any candidate for a public office pays, lends or contributes, or offers or agrees to pay, lend or contribute any money or other valuable consideration to or for such person,

 


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

κ1895 Statutes of Nevada, Page 99 (CHAPTER 103)κ

 

ute any money or other valuable consideration to or for such person, either for

      First-The doing or procuring to be done of any act forbidden to be done by the laws of this State relating to public elections; or,

      Second-The commission of any crime or offense against the elective franchise, or the encouragement or assistance of a person in the commission of a crime or offense against the elective franchise, or aiding or assisting any person charged with the commission of a crime against the elective franchise to evade arrest or to escape conviction and punishment for such crime or offense; or,

      Third-Providing wholly or in part the expense of boarding or maintaining a person at any place or domicile in any election precinct or ward or district, with the purpose of securing the vote of such person for himself or any other person at any election held within this State; or,

      Fourth-The hiring or employment of a person to take or maintain a place in, or to otherwise obstruct or hinder, or to prevent the forming of the line of voters awaiting their opportunity or time to enter the polling place or election booth of an election precinct; or,

      Fifth-For services rendered in securing his nomination for the office for which he is a candidate, or for placing his name upon any list of nominees filed with a public officer authorized to receive certificates of nomination, except the cost or expense authorized by the law to be contributed by a candidate for nomination to defray the legal and authorized expenses of a primary election, and except also the cost or the expenses of circulating a nomination petition for signatures, or in consideration of any member of a convention, organized assemblage of delegates or other body representing or claiming to represent a political party or principle, having voted to secure for him his selection or indorsement as the nominee of such convention, organized assemblage or body for the office for which he is a candidate, or in consideration of any person aiding him in securing his election or indorsement as aforesaid; or,

      Sixth-In consideration of any person withdrawing as a candidate for public office or Presidential Elector at any election held within this State; or,

      Seventh-For any purpose in contravention of the provisions of this Act; or,

      Eighth-For any purpose whatever in excess of the maximum amount which such candidate may lawfully expend under the provisions of this Act; or,

      Ninth-Makes any payment after the time limited by this Act, unless the same is authorized as provided in this Act, or unless it be in satisfaction of a judgment obtained against him, whether before, during or after an election, in respect of or on account of such election, or who refuses or neglects to [file] the statement prescribed by section one of this Act, or who makes or files a false statement thereof, or is guilty of any crime against the elective franchise, or of any offense which is punishable by fine or imprisonment,

Certain expenditures prohibited.

 

Offenses against elective franchise.

 

 

 

Boarding and lodging voters.

 

 

Obstructing line of voters.

 

 

In securing nomination.

 

 

 

 

 

 

 

 

 

 

Withdrawal of candidate

 

Excess of maximum amount.

Payments after time limited.

 


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

κ1895 Statutes of Nevada, Page 100 (CHAPTER 103)κ

 

 

Forfeits office.

 

 

 

 

 

 

 

 

 

 

 

Who may contest.

 

 

 

 

Procedure.

 

 

When candidates not liable for acts of third party.

 

 

 

 

 

 

 

 

 

 

 

 

 

When action must be commenced.

or imprisonment, or both, under the provisions of this Act, such candidate shall, in addition to the punishment prescribed by the laws of this State, or by this Act, forfeit any office to which he may have been elected at the election in reference to which such crime or offense was committed, and if any candidate so offending is the incumbent of an office of profit or trust under the laws of this State, he shall thereby forfeit such office. Any candidate who procures, aids, assists, counsels or advises the payment of any money or other valuable consideration, by or [on] behalf of a committee selected under the provisions of section one of this Act, and such payment is made for any purpose which, if the money were expended by the candidate would work a forfeiture of the office to which he has been elected, such payment shall be deemed to have been made by such candidate, and he shall forfeit any office to which he may have been elected at the election in reference to which such payment was made by or on behalf of such committee.

      Sec. 12.  Any elector of the State, or of any county, city and county, city of any political subdivision of either, may contest the right of any person declared elected to an office to be exercised therein for any of the causes or offenses named in this Act, or to annul and set aside the election of any person declared elected to an office to be exercised therein, who has forfeited his office for any offense committed in contravention of this Act. In such a proceeding the provisions of the laws of the State relating to the contesting of elections, so far as they are not inconsistent with the provisions of this Act, are applicable to proceedings authorized by this section.

      Sec. 13.  When, upon the trial of any action or proceeding under the provisions of this Act for the contesting of the right of any person declared elected to an office, or to annul and set aside such election, or to remove a person from his office, it appears from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, or was committed without his sanction or connivance, and that all reasonable means for preventing the commission of such offenses at such election were taken by and on behalf of the candidate, or that the offenses complained of were trivial, unimportant and limited in character, and that in all other respects his participation in the election was free from such offenses or illegal acts, or that any act or omission of the candidate arose from inadvertence or from accidental miscalculation, or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and under the circumstances it seems to the Court to be just, that the said candidate should not forfeit his office, or be deprived of any office of which he is the incumbent, then the election of such candidate shall not by reason of such offense or omission complained of be void, nor shall the candidate be removed from or deprived of his office.

      Sec. 14.  An action to contest the right of any person declared elected to an office, or to annul and set aside such election, or to deprive any person of an office of which he is the incumbent, for any offense mentioned in this Act,

 


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

κ1895 Statutes of Nevada, Page 101 (CHAPTER 103)κ

 

for any offense mentioned in this Act, must, unless a different time be stated, be commenced within forty days after the day of the election at which such offense was committed, or unless the ground of the action or proceeding is the illegal payment of money, or other valuable thing, subsequent to the filing of the statement prescribed by section three of this Act, in which case the action or proceeding may be commenced at any time after such illegal payment. A contest for member of the Senate or Assembly must be commenced within twenty days after the certificate of election is issued or the declaration of the result of the election.

      Sec. 15.  An application for filing a statement, payment of a claim or correction of an error false recital in a statement filed, or an action or proceeding to annul and set aside the election of any person declared to be elected to an office, or to remove or deprive any person of his office for any offense mentioned in this Act, must be made to or commenced in the District Court of the county in which the certificate of his nomination as a candidate for the office to which he is declared elected, or is the incumbent, is filed under the provisions of this Act.

      Sec. 16.  A candidate elected to an office, and whose election thereto has been annulled and set aside for any offense mentioned in this Act, shall not, during the period fixed by law to the term of such office, be appointed to fill any vacancy which may occur in such office. Any appointment to an office made in violation of the provisions of this section shall be void.

      Sec. 17.  Every offense mentioned in this Act, punishable by imprisonment in the State Prison, is hereby declared to be a felony, and when any person is convicted of an offense herein declared a felony, he shall in addition to the punishment prescribed by the laws of this State for such offense, be excluded from the right of suffrage after such conviction.

      Sec. 18.  If the District Attorney of the county shall be notified by an officer or other person of any violation of any of the provisions of this Act, it shall be his duty forthwith to diligently inquire into the facts of such violation; and if there is reasonable ground for instituting a prosecution, it shall be his duty to file a complaint or accusation in writing before a Court of competent jurisdiction, charging the accused person of such offense, verifying such by affidavit, but it shall be sufficient to state in such affidavit that he believes the facts therein stated to be true. If any District Attorney fails or refuses to perform any duty imposed upon him by this Act, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall forfeit his office. It shall be the duty of the District Attorney, under penalty of forfeiture of his office, to prosecute any and all persons guilty of violation of any of the provisions of this Act, the penalty of which is fine or imprisonment, or both, or removal from office. Any citizen may employ an attorney to assist the District Attorney to perform his duties under this Act, and such attorney shall be recognized by the District Attorney and Court as associate counsel in the proceeding; and no prosecution,

 

 

 

 

 

Relating to Senate or Assembly.

 

When action must be had.

 

 

 

 

 

When candidate is ineligible to appointment.

 

 

Felony.

 

 

Right of suffrage denied.

Duty of District Attorney.

 

 

 

 

Misdemeanor and penalty.

 

 

 

Assistant attorneys.

 


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

κ1895 Statutes of Nevada, Page 102 (CHAPTER 103)κ

 

 

 

 

 

 

Unlawful acts generally.

 

 

 

 

 

 

 

 

Promise of office.

 

 

 

 

 

 

Gifts, etc.

 

 

Election of person or vote of any voter.

 

Advance or pay money.

 

 

 

 

Money for boarding or lodging.

 

 

 

Evading arrest.

no prosecution, action or proceeding shall be dismissed without notice to, or against the objections of, such associate counsel, until the reasons of the District Attorney for such dismissal, together with the objections thereto, shall have been filed in writing and fully considered by the Court, with such limitation as to the time of filing such reasons and objections as the Court may impose.

      Sec. 19.  It shall be unlawful for any person directly or indirectly, by himself or through any other person,

      First-To pay, lend or contribute or offer to lend, pay or contribute any money or other valuable consideration to or for any voter, or to or for any other person to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election, for any particular person or persons, or to induce such voter to come to the polls at such election, or on account of such voter having voted or refrained from voting for any particular person or having come to the polls or remained away from the polls at such election.

      Second-To give, offer or promise any office, place or employment, or promise to procure or endeavor to procure any office, place or employment to or for any voter or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to attempt to influence the vote of any person by intimating that his present or future employment is dependent upon the election of any particular person or persons to office.

      Third-To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for or with any person in order to induce such person to procure, or endeavor to procure, the election of any person or the vote of any voter at such election.

      Fourth-To procure, engage, or endeavor to procure or engage, in consequence of any gift, load, promise, procurement or agreement the election of any person or the vote of any voter at such election.

      Fifth-To advance or pay, or cause to be paid, any money or other valuable thing, to or for the use of any other person, with the intent that the same, or any part thereof, shall be used as bribery at any election; or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part expended in bribery at an election.

      Sixth-To advance or pay, or cause to be paid, any money or other valuable thing, to or for the use of any other person, with the intent that the same or any part thereof, shall be paid for boarding, lodging or maintaining a person at any place or domicile in any election precinct, ward or district with the intent to secure the vote of such person, or to induce such person to vote for any particular person or persons at any election.

      Seventh-To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used to assist or aid any person to evade arrest who is charged with the commission of a crime against the elective franchise, for which, if the person were convicted, the punishment would be imprisonment in the State Prison.

 


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

κ1895 Statutes of Nevada, Page 103 (CHAPTER 103)κ

 

to assist or aid any person to evade arrest who is charged with the commission of a crime against the elective franchise, for which, if the person were convicted, the punishment would be imprisonment in the State Prison.

      Eighth-To advance or pay, or cause to be paid, any money or other valuable thing, to or for the use of any other person in consideration of being selected or indorsed as the candidate of any convention, organized assemblage or other body claiming to represent a political party or principle, or in consideration of any person withdrawing as a candidate for public office. Every person who commits any of the offenses mentioned in this section is punishable, upon conviction thereof, by imprisonment in the State Prison for not less than one year nor more than five years.

      Sec. 20.  It shall be unlawful for any person directly or indirectly, by himself or through any other person,

      First-To receive, agree or contract for, before or during an election, any money, gift, loan or other valuable thing, office, place or employment, for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come, to the polls, or for refraining or agreeing to refrain from coming to the polls, or for refraining or agreeing to refrain from voting for any particular person or persons at any election.

      Second-To receive any money or other valuable thing during or after an election, on account of himself or any other person having voted or refrained from voting for any particular person or persons at such election, or on account of himself or any other person having come to the polls or remaining away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, or to vote or refrain from voting for any particular person or persons, or to come or remain away from the polls of such election.

      Third-To receive any money or other valuable thing before, during or after election on account of himself or any other person having voted to secure the election or indorsement of any other person as the nominee or candidate of any convention, organized assemblage, of delegates or other body representing or claiming to represent, a political party or principle, or any club, society or association, or on account of himself or any other person having aided in securing selection or indorsement of any other person as a nominee or candidate, as aforesaid. Every person who commits any of the offenses mentioned in this section is punishable, upon conviction, by imprisonment in the State Prison for not less than one nor more than five years.

      Sec. 21.  Every person who willfully causes, procures or allows himself to be registered in any precinct knowing himself not to be entitled to such registration is punishable by imprisonment in the State Prison not less than one nor more than three years.

      Sec. 22.  Every person who willfully causes, procures or allows any other person to be registered in any precinct, knowing such person is not entitled to such registration, is punishable by imprisonment not less than one nor more than three years in the State Prison.

 

 

 

Payments or promises to organized assemblages

 

Penalty.

 

 

 

 

To receive money, gifts, etc., unlawful.

 

 

 

To remain away from polls.

 

 

 

 

 

To obtain nomination.

 

 

 

 

 

Penalty

 


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

κ1895 Statutes of Nevada, Page 104 (CHAPTER 103)κ

 

Penalty.

Fraudulent voting.

 

Adding ballots.

 

 

Destroying ballot box.

 

Interference with officers.

 

Penalty.

 

Offering bribes.

 

 

 

 

 

Penalty.

 

Aids, assists, counsels or advises unlawfully.

 

Penalty.

 

Neglect of duty.

 

 

 

 

 

Dereliction or misconduct of committee.

 

Penalty.

ble by imprisonment not less than one nor more than three years in the State Prison.

      Sec. 23.  Every person not entitled to vote, who fraudulently votes, and every person who votes more than once at any one election, or changes any ballot after the same has been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted or canvassed, or at any other time, or carries away or destroys, or attempts to carry away or destroy, any poll lists, ballots or ballot box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates or destroys any election returns, or in any manner interferes with the officers holding such election, or with voters lawfully exercising their rights of voting at such election, or to prevent such election or canvass to be fairly and lawfully conducted, is punishable by imprisonment in the State Prison not less than two nor more than seven years.

      Sec. 24.  Any person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election or political gathering of any kind held for the purpose of nominating candidates for offices of honor, trust or profit in this State, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than to another, and every person member of either of the bodies in this section mentioned, who receives or offers to receive any such bribe is punishable by imprisonment in the State Prison not less than one nor more than seven years.

      Sec. 25.  Every person who aids, assists, counsels or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of the offenses mentioned in the preceding sections, is punishable by imprisonment in the State Prison not exceeding two years.

      Sec. 26.  Every person charged with the performance of any duty, under the provisions of any law in this State relating to elections, who willfully neglects or refuses to perform it, or who in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed, by the laws of this State, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or both.

      Sec. 27.  Every person who being a member of a committee selected as prescribed in section one of this Act, or a candidate for a public office at an election, makes a false statement of moneys received and expended, on account of or in respect to the conduct and management of the election in reference to which such statement is filed, is guilty of perjury, and is punished by imprisonment in the State Prison for not less than one year nor more than seven years.

      Sec. 28.  Every person who signs or presents for filing a statement as prescribed by section one of this Act, which contains the name of a fictitious person,

 


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κ1895 Statutes of Nevada, Page 105 (CHAPTER 103)κ

 

tains the name of a fictitious person, or the name of any person other than those actually selected to perform the duties required of the committee to be selected under the provisions of section one of this Act, or who practices any fraud, device or artifice to conceal the true names of the persons actually charged with the duties belonging to said committee, is punishable, upon conviction, by imprisonment in the State Prison for not less than one year nor more than seven years.

      Sec. 29.  A person offending against any of the provisions of sections nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-seven or twenty-eight of this Act is a competent witness against another person so offending and may be compelled to attend and testify upon any trial, hearing, proceeding or lawful investigation or judicial proceeding in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. [A person so testifying] shall not thereafter be liable to indictment or presentment by information nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such indictment, information or prosecution.

      Sec. 30.  Every candidate for a public office who refuses or neglects to file a statement as prescribed in section three of this Act, is guilty of a misdemeanor.

      Sec. 31.  Every member of a committee selected under the provisions of section one of this Act who refuses or neglects to file a statement as prescribed by section two of this Act is guilty of a misdemeanor.

      Sec. 32.  Every person who advances or pays or causes to be paid any money or any other valuable thing in contravention of sections eight or nine of this Act, unless a different penalty is provided for such illegal payment, is guilty of a misdemeanor.

      Sec. 33.  Every candidate who makes any payment in aid of his election in excess of the sum authorized or permitted to be expended by this Act, or contrary to or in violation of sections five or six of this Act, is guilty of a misdemeanor, unless a different penalty is provided for such illegal payment; each payment so made contrary to or in violation of said sections five or six of this Act shall constitute a separate and distinct offense.

      Sec. 34.  Every member of a committee selected under the provisions of section one of this Act, who makes a payment contrary to or in violation of sections five or six of this Act, unless a different penalty is provided for such illegal payment, is guilty of a misdemeanor.

      Sec. 35.  Every person who either before or during an election, directly or indirectly, gives or provides, or pays, wholly or in part, the expense of giving or providing any meat, drink, refreshment, nourishment, entertainment or provision to or for any person for the purpose of corruptly influencing that person, or any other person, to give or refrain from giving his vote at an election, or to come to the polls, or remain away from the polls, or on account of such person or any other person having voted, or refrained from voting, or having come to the polls, or remaining away from the polls, is guilty of a misdemeanor.

False certificate.

 

 

 

Penalty.

 

Who is competent witness.

 

 

 

 

 

 

 

 

Neglect to file statement a misdemeanor.

 

Same for member of committee.

Advances or causes to be paid money a misdemeanor.

 

 

 

Separate and distinct offense.

 

Illegal payments by committee.

 

 

Entertainment or refreshment for corrupt purposes forbidden.

 


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κ1895 Statutes of Nevada, Page 106 (CHAPTER 103)κ

 

 

 

Force, violence or threats.

 

 

 

 

Abduction or duress.

 

 

 

 

 

Pay envelopes.

 

 

 

 

 

Handbills and placards in factories, etc.

 

 

 

Applies to corporations as well as individuals.

 

 

Penalty.

voted, or refrained from voting, or having come to the polls, or remaining away from the polls, is guilty of a misdemeanor.

      Sec. 36.  It shall be unlawful for any person directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of any force, violence or restraint, or to inflict or threaten the infliction by himself or through any other person, of any injury, damage, harm or loss, or in any manner to practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, for any particular person or persons at any election or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person by abduction, duress or any forcible or fraudulent device or contrivance whatever to impede, prevent or otherwise interfere with the free exercise of the elective franchise by an[y] voter, or to compel, induce or prevail upon any voter either to give or refrain from giving his vote for any particular person or persons at any election. It shall not be lawful for any employer in paying his employes the salary or wages due them to enclose their pay in “pay envelopes,” upon which there is written or printed the name of any candidate, or any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes. Nor shall it be lawful for any employer, within ninety days of an election, to put up or otherwise exhibit in his factory, workshop, office or other establishment or place where his workmen or employes are working, or where they come to receive their pay, any handbill or placard containing any threat, notice or information that in case any particular ticket of a political party or organization or candidate shall be elected, work in his place or establishment shall cease, in whole or in part, or his place or establishment be closed, or the salaries or wages of his workmen or employes be reduced or other threats, express or implied, intended or calculated to influence the political opinions or actions of his workmen or employes. This section shall apply to corporations as well as individuals, and any person or corporation violating the provisions of this section is guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter.

      Sec. 37.  Any person convicted of a misdemeanor under the provisions of this Act, shall, unless a different punishment has been provided for the offense of which he may be so convicted, be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail, not exceeding six months, or by both such fine and imprisonment.

      Sec. 38.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

 

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κ1895 Statutes of Nevada, Page 107κ

CHAPTER 104

Chap. CIV.–An Act prescribing the duties of the various State Boards and Commissioners as they are now constituted and restricting the powers of State officers and employes.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this Act, no officer or employe of the State shall purchase on the credit of the State any article of supplies, goods, wares or merchandise or obtain any services to be rendered by any person for the State, except by expressed permission and written authority previously obtained from the Board or Commission, or a majority of the members thereof having control and supervision of the department or office for which such purchase is made or such services are rendered. Except only in cases where such officer or employe has specific authority to purchase or obtain the same, conferred upon him by statute.

      Sec. 2.  The State Board of Examiners shall not allow nor the State Treasurer pay any claim of any person for goods sold or services rendered unless the same were sold or rendered in accordance with the provisions of section one of this Act.

 

 

 

 

 

 

 

 

 

Purchase of supplies to be made upon authority of the different Boards.

 

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CHAPTER 105

Chap. CV.–An Act to amend an Act entitled “An Act for the purchase and preservation of public newspapers printed and published in the several counties in this State,” approved February 1, 1865.

 

[Approved March 16, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section one of the Act entitled “An Act for the purchase and preservation of public newspapers printed and published in the several counties in this State,” approved February 1, 1865, is hereby amended so as to read as follows:

      Section one.  The Recorders of the several counties of this State are hereby authorized and required to subscribe for one newspaper printed and published at the county seat of each county of the State, and the Board of County Commissioners of the respective counties shall designate the paper so subscribed for as the official paper of the county wherein all legal advertising and printing shall be done; provided, the rate for such work shall not exceed the rate now established by law. No paper shall be so subscribed for and designated unless it shall have been established for at least one year, and is printed and published in its entirety at its place of establishment.

 

 

 

 

 

 

 

 

 

Relating to newspapers.

 

 

Recorders authorized.

 

County Commissioners to designate official paper.

 

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κ1895 Statutes of Nevada, Page 108κ

CHAPTER 106

 

 

 

 

 

 

 

 

Field officers to hold for two years.

 

 

Company commissioned officers to hold for two years.

 

Officers, how elected.

 

 

 

 

 

 

 

 

Ten days’ notice.

 

 

 

Elected officers to appear for examination.

 

 

Date of examination.

 

 

 

When election shall be void.

Chap. CVI.–An Act amendatory of and supplemental to an Act entitled “An Act relating to the National Guard and the enrolled militia,” approved March 6, 1893.

 

[Approved March 18, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The field officers of a regiment shall be elected by the commissioned officers of the companies comprising the regiment, and hold office for the term of two years, or until their successors are commissioned and qualified. Such election shall be by ballot of the majority present.

      Sec. 2.  The company commissioned officers shall be elected by a majority vote of the members of the company present qualified to vote, and hold office for the term of two years, or until their successors are commissioned and qualified. Vacancies caused by promotion at any election may be filled at that time.

      Sec. 3.  The Commander-in-Chief shall appoint an officer to preside at and superintend all elections of field officers and the Regimental Commander shall appoint an officer to preside at and superintend all election of company officers. Such presiding officer shall immediately make report of the election held, through the proper military channels, to the Adjutant-General. If the person so designated to preside at any election shall not appear thereat, the senior officer present shall preside and if there be a failure to elect at the meeting called the presiding officer shall adjourn the meeting for one week and on failure to elect at the adjourned meeting, the Commander-in-Chief may fill the vacancy by direct appointment.

      Sec. 4.  The Regimental Commander shall give ten days’ notice to the several companies of the holding of an election for field officers, and company commanders shall give ten days’ notice to their respective companies of the holding of an election of company officers.

      Sec. 5.  Every elected officer must upon his election or re-election to any office in the Nevada National Guard, appear before an Examining Board for examination in the drill regulations, guard manual, military laws of the United States, and of this State, and knowledge of all duties appertaining to the rank of the office to which he has been elected. The date of such examination shall be set by the Board within thirty days of election of the candidate. If the officer elected or re-elected, fails to appear before the Board, or give satisfactory excuse for not appearing, on the day ordered by the Board, his election shall be declared void, and a new election ordered.

      Sec. 6.  On failure to pass a satisfactory examination on first trial, the officer may be given one more examination to be had within thirty days of the first. On failure to pass a second examination, his election shall be declared void, and a new election ordered, and the candidate become ineligible to any office in the Nevada National Guard for the period of one year.

 


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κ1895 Statutes of Nevada, Page 109 (CHAPTER 106)κ

 

      Sec. 7.  Upon passing a satisfactory examination, the Board certifies the same to the Governor, who issues a commission dating from the date of election. Such Examining Board shall consist of one or more commissioned officers to be appointed by the Commander-in-Chief for the examination of all field officers and by the Regimental Commander for the examination of all company officers.

      Sec. 8.  All company non-commissioned officers shall be nominated by the Commander of their respective companies, subject to the approval of the Commander of the regiment who shall issue warrants to the person nominated for a term of two years. But no warrant shall be issued to any person until having passed a satisfactory examination in the duties appertaining to the rank to which he has been nominated. An officer having passed an examination, shall not be required to pass a second examination upon re-election to the same office. The Examining Board herein mentioned shall consist of one or more commissioned officers, appointed by the Commander of the regiment. No non-commissioned officer shall during his term of office be removed or reduced in rank, except by order of a court-martial, or by the Commander of the regiment, for neglect of duty or other sufficient cause.

      Sec. 9.  On and after the first day of May, A. D. 1896, the annual election of commissioned officers of companies in the Nevada National Guard shall be held at the first regular meeting of each company in that month, and biennially thereafter as provided in section two of this Act.

      Sec. 10.  A company shall consist of not less than thirty-two privates, eight non-commissioned officers, one Captain, one First Lieutenant, and two Second Lieutenants. The number of privates in a company shall not exceed one hundred.

      Sec. 11.  It shall be the duty of the Board of County Commissioners of any county in which public arms, accouterments, or military stores are now had or shall hereafter be received for the use of any volunteer organized militia company to provide a suitable and safe armory for organized militia within said county. All claims for the expense of procuring and maintaining armories shall be audited and approved by the Board of Military Auditors, and upon approval of such claims they shall be presented to the State Controller who shall draw his warrant upon the State Treasury for the amount so approved, and upon presentation of said warrant, the State Treasurer shall pay the same out of the General Fund. Such expenses shall not exceed seventy-five ($75) dollars per month for any company except that each company regularly drilling with field pieces or machine guns, and using horses therewith may be allowed an additional sum not to exceed twelve and 50-100 ($12 50) dollars per month for each piece or gun.

      Sec. 12.  Section thirty-six and forty-one of “An Act relating to the National Guard and the enrolled militia,” approved March 6, 1893, is hereby repealed and all Acts and parts of Acts in so far as they conflict with the provisions of this Act are hereby repealed.

Examining Board, how constituted.

 

 

 

Company non-commissioned officers, how nominated.

Warrants issued.

 

 

 

 

 

 

 

Date of election.

 

 

 

Number of privates in company, and officers.

 

County Commissioners to provide suitable armory.

 

Board of Military Auditors.

 

 

Monthly expenses not to exceed $75.

 

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κ1895 Statutes of Nevada, Page 110κ

CHAPTER 107

 

 

 

 

 

 

 

 

Teachers’ certificates.

 

County primary school certificate.

 

 

 

County grammar school certificate.

 

 

 

 

County high school certificate.

 

 

 

Studies required to be taken.

 

 

 

No certificate to persons under 16 years of age.

 

Examinations conducted by County Boards.

Certificates renewed.

Chap. CVII.–An Act to provide for the issuing of teachers’ certificates by County Boards of Examination and other matters properly connected therewith.

 

[Approved March 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county primary school certificate, good for two years, shall be issued upon satisfactory examination in the following subjects, and shall entitle the holder to teach in any school in which only primary branches are taught: Orthography, reading, grammar, written arithmetic, mental arithmetic, penmanship, physiology, history of the United States, civil government, geography, current news, drawing, theory and practice of teaching, and, at the discretion of the State Board of Education, music, and the elements of chemistry and physics.

      Sec. 2.  The county grammar school certificate, good for three years, shall be issued upon satisfactory examination in the following subjects and shall entitle the holder to teach in primary, grammar, or unclassified schools: All the subjects designated for county primary school certificates, and in addition thereto, algebra, the first and second books of plane geometry, English history, bookkeeping, physical geography, physics, chemistry, and methods of teaching.

      Sec. 3.  The county high school certificate, good for four years, shall entitle the holder to teach in any school, and shall be issued upon satisfactory examination in all the subjects mentioned in sections one and two of this Act, and, in addition thereto, botany, Latin, general history, English literature, plane geometry, astronomy, rhetoric, civil government, and the history and methods of teaching.

      Sec. 4.  Applicants who have taught successfully under any grade of certificate issued under this Act shall, when applying for the next higher grade, be required to take only the studies of that grade; provided, that any person, holding a county primary school certificate, in applying for a county grammar school certificate, need take only the additional branches named in section two of this Act.

      Sec. 5.  No certificate, authorized by this Act, shall be issued to persons under sixteen years of age; nor shall any high school certificate be issued to any person who shall not have successfully taught at least twelve months.

      Sec. 6.  Examinations for certificates named in this Act shall be conducted by the County Boards of Examination under such rules and restrictions as the State Board of Education may prescribe.

      Sec. 7.  The County Board of Examination may renew the certificate of any person successfully engaged in teaching in the county; provided, that after the year eighteen hundred and ninety-seven a primary school certificate shall not be subject to renewal.

 


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κ1895 Statutes of Nevada, Page 111 (CHAPTER 107)κ

 

      Sec. 8.  As the county certificates of the first and second grade, in force at the passage of this Act, expire, the County Board of Examination may issue, without examination, to the persons holding the same, certificates of equivalent grade as named in this Act; provided, that high school certificates shall be thus issued only to those teaching in high schools.

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

      Sec. 10.  This Act shall go into effect on the thirtieth day of June, eighteen hundred and ninety-five.

Certificates of equivalent grade.

 

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CHAPTER 108

Chap. CVIII.–An Act to provide for the purchase of a portrait of ex-Governor R. K. Colcord, and to appropriate money therefor.

 

[Approved March 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Governor John E. Jones is hereby authorized to contract with a competent artist for the purchase of a portrait in oil colors of ex-Governor R. K. Colcord at a price not to exceed five hundred dollars. Said portrait to be appropriately framed, after the manner and style of the other portraits of ex-Governors now in the Governor’s office, in the State Capitol, and to be uniform in size therewith. Upon delivery of such portrait so framed to the Secretary of State, the Controller of the State shall draw his warrant as the State Board of Examiners may direct for the amount of the contract price, and the State Treasurer is hereby directed to pay the same.

      Sec. 2.  The sum of five hundred dollars, or so much thereof as may be necessary to pay the Controller’s warrant drawn under the provisions of section one of this Act, is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated for the purposes named in section one of this Act.

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

 

 

 

 

 

 

 

 

Portrait of ex-Governor R. K Colcord

Governor John E. Jones authorized.

 

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CHAPTER 109

Chap. CIX.–An Act to provide for the acceptance of lands granted by the United States to the State of Nevada.

 

[Approved March 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada hereby accepts the provisions and conditions of section four of the Act of Congress, entitled “An Act to make appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes,” approved August 18, 1894, together with all grants of land to the State of Nevada, under the provisions of said Act.

 

 

 

 

 

 

 

 

Acceptance of lands.

 


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κ1895 Statutes of Nevada, Page 112 (CHAPTER 109)κ

 

 

for other purposes,” approved August 18, 1894, together with all grants of land to the State of Nevada, under the provisions of said Act.

 

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CHAPTER 110

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of County Commissioners of Lyon.

Chap. CX.–An Act to amend section four of an Act entitled “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.

 

[Approved March 20, 1895.]

 

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

Assembly, do enact as follows:

 

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

      Section seven.  The County Commissioners of Lyon county, on and after the first Monday in January, 1897, shall each receive an annual salary of three hundred dollars and mileage allowed by law; provided, that while any one of said County Commissioners is acting as Road Supervisor he shall receive ten cents per mile each way for the actual number of miles traveled; and further provided, that the amount of said mileage shall not exceed the sum of one hundred dollars per annum for each Road Supervisor.

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

 

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CHAPTER 111

 

 

 

 

 

 

 

Holographic wills valid.

Chap. CXI.–An Act relating to holographic wills.

 

[Approved March 20, 1895.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Property may be disposed of and taken under holographic wills. Such wills shall be valid and have full effect for the purpose for which they are intended.

      Sec. 2.  An holographic will is one that is entirely written by the hand of the testator himself. It is subject to no other form, and may be made in or out of this State and need not be witnessed.

      Sec. 3.  An holographic will may be proved in the same manner as other private writings are proved.

 

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